CC - Item 5D - Storm Water Catch Basin CPS Unit Upgrade Project Project No. 49011 - Award of Contract EM
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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.
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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
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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
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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.
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14000 L \i ;ilI y 1, 1t, (1 IU i i . ii �: A '.D17 �; 1) I _ I .
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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
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✓ 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
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ATTACHMENTS
• Contract Bid Forms
• Bid Data Forms
• Non-Collusion Affidavit
• Addenda
• CPS Drawing, LA County Stamped/Approved
41 : ;; .
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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.
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CITY OF ROSEMEAD
STORM WATER CATCH BASIN CPS UNIT UPGRADE PROJECT
PROJECT No. 49011
SECTION 1-BID SCHEDULE
CONTRACT BID FORMS
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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
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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
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EX'\\‘'
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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.
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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
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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%
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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
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Cy4Pha �t Mich* 'pod',NotaryPublic
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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
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N.T.S. Not to Scale ,
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X 02-19-2014 4 of 5
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�I•
and CPS Sizing Tables 1&2
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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,
•
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CONCRETE WEDGE ANCHOR(Typ) UNITED STORM WATER,IBC
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•
(Typ) . TABLES 1&2
! #12x12'SELFTAPPING
) 304SS TECH SCREWS
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'• LOS ANGELES COUNTY
DEPARTMENT OFPUBUC WORKS
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TABLES 182
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LOS ANGELES COUNTY
DEPARTMENT OF PUEUCDICIFITOI
ID ACCEPTED
13 MAKE CORFlECTIONS NOTED
0 REVISE CALCULATIONS
0 REJECTED
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TABLES 1 62
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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.
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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
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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.