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CC - Item 4D - Walnut Grove Ave Resurfacing Proj. Phase I from Marshall St. to Northerly City Limit - Proj. No. 21028 - Award of Construction Contract & Professional Services Agreement for Constr. Mgmt., Inspection, Geotechnical & Materials Testing Srvcs.ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER DATE: SEPTEMBER 29, 2021 SUBJECT: WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO NORTHERLY CITY LIMIT - PROJECT NO. 21028 — AWARD OF CONSTRUCTION CONTRACT AND PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION, GEOTECHNICAL & MATERIALS TESTING SERVICES SUMMARY As part of the City's Fiscal Year 2019-2020 Capital Improvement Program, the City Council approved the Walnut Grove Avenue Resurfacing Project Phase I from Marshall Street to northerly City Limit Project (500' north of Grand Avenue). The project consists of removing and replacing existing asphalt pavement, concrete sidewalk, curb and gutter, construction of colored crosswalk, signage and striping and related improvements. The project is currently funded with a combination of RMRA-SB- 1 and CalRecycle Funds, in the amount of $1,624,100. DISCUSSION Construction A Notice Inviting Bids was published in local newspapers and trade publications on July 12th and July 191h, 2021. Sealed bids were received in the Office of the City Clerk until 10:30 a.m. on Wednesday, August 4th, 2021. At 11:00 a.m. on August 4th, 2021, the City Clerk publicly opened and read the six (6) sealed bids with the following results: Contractor from low to high amount Location Bid Amount Hardy & Harper, Inc.* Lake Forest, CA $1,149,000 All American Asphalt Corona, CA $1,342,157 Sully Miller Contracting Company Brea, CA $1,383,000 Sequel Contractors Santa Fe Springs, CA $1,423,034 Excel Paving Company Long Beach, CA $1,598,015 Shawnan Downey, CA $1,710,735 * Hardy & Harper, Inc. requesting to be relievedfirom submitted a bid withdrawal letter on August 5, 2021, the bid due to clerical mistake on its bid. AGENDA ITEM 4.1) City Council Special Meeting September 29, 2021 Page 2 of 4 Low bidder, Hardy & Harper, Inc. submitted a bid withdrawal letter on August 5, 2021, indicating that Hardy & Harper, Inc. made a clerical mistake when inputting the unit price and total price for one of the bid items (Bid Item 13). Hardy & Harper's unit price for Bid Item 13 as submitted on its bid was $19 per square feet, and Hardy & Harper stated that the contractor's designated unit price for bid item 13 was $29 per square feet. Contractor indicated in its letter that this clerical mistake caused an underbid error of $157,280 on Hardy & Harper's total bid price. After review of all bids, staff and the City Attorney determined that Hardy & Harper's submitted unit price for Bid Item 13 is approximately 35% lower than the average unit price based on all bids received. Hardy & Harper's submitted unit price for the subject bid item is also lower than the industry standards. Furthermore, staff also determined that the total bid price for Hardy & Harper is approximately 25% lower than the average total price, where the next 4 lower bids are within 10% of the average total price. Following this review and consultation with the City Attorney, staff recommends to relieve Hardy & Harper from the bid and release its bid bond, since the bidder established the following in conformance with Public Contract Code, Section 5103, that: (a) a bid mistake was made; (b) he or she ("Contractor") gave the public entity written notice within five working days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred; (c) the mistake made the bid materially different than he or she intended it to be; (d) the mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications. Staff conducted a bid analysis for apparent low bid #2, submitted by All American Asphalt, and verified CA contractor's licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references for All American Asphalt. The bid submitted by All American Asphalt in the amount of $1,342,157 is determined to be the lowest responsive bid. Professional Services In July 2021, staff advertised on the City's website the Request for Proposals (RFP) for Construction Management, Construction Inspection, Geotechnical & Materials Testing Services for the project. The following proposals were received in the Office of the City Clerk by the 2:00 p.m. deadline on Wednesday, July 28th, 2021. Firm (alphabetical order Location Proposal Amount Infrastructure Engineers Brea, CA $51,379 KOA Corporation Monterey Park, CA $85,367.48 Z&K Consultant San Bernardino, CA $64,605 Staff reviewed proposals received and evaluated the proposals based on compliance with the RFP requirements, project understanding and approach, experience, level of effort, schedule and cost effectiveness to provide efficient services. Overall, all three firms are well qualified, however Z&K Consultants provided a better understanding of scope by providing adequate hours and resource allocation for each project phase (preconstruction, construction, and post construction), proposed City Council Special Meeting September 29, 2021 Page 3 of 4 a designated construction manager/inspector, and demonstrated relevant experience in similar projects. On its proposal, Z&K showed references from Cities of Compton, Torrance, San Bernardino, San Marino, and Chino. Staff contacted these references and verified that Z&K Consultants provided satisfactory services. After review, staff determined that Z&K Consultants submitted the most qualified proposal to provide Construction Management, Construction Inspection, Geotechnical & Materials Testing Services for the project, in the amount of $64,605. STAFF RECOMMENDATION It is recommended that the City Council: 1. Determine the bid withdrawal letter dated August 5, 2021, by Hardy & Harper satisfactorily meets the requirements of Section 5103 of Public Contract Code, and therefore, relieve Hardy & Harper from the bid; and 2. Authorize the City Manager to execute a construction contract with All American Asphalt for the bid amount of $1,342,157. In addition, authorize an amount of $134,216 (10%) as a contingency to cover the cost of unforeseen construction expenses, for a total amount of $1,476,373; and 3. Authorize the City Manager to execute a contract with Z&K Consultants for Construction Management, Construction Inspection, Geotechnical & Materials Testing Services for the project, in the amount of $64,605. FINANCIAL IMPACT The approved budget for the Walnut Grove Avenue Resurfacing Project Phase I from Marshall St. to the northerly City Limit project consists of $1,586,600 in RMRA-SB-1 Funds (Account 202- 6005-5984) and $37,500 in Calrecycle Grant Funds (Account 232-6005-5984), for a total of $1,624,100. The following is the breakdown of the construction phase budget: Construction Contract $1,342,157 Construction Contingency 10% $134,216 Total Construction Cost $1,476,373 Construction Management, Construction Inspection, Geotechnical & Materials Testing Services $64,605 Total Project Cost $1,540,978 City Council Special Meeting September 29, 2021 Page 4 of 4 ENVIRONMENTAL REVIEW The proposed work involves the rehabilitation of an existing public facility; therefore, the project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA). STRATEGIC PLAN IMPACT The project is consistent with the Strategic Plan's guiding principal for fiduciary responsibility of providing for transparency in financial management of City's finances and providing quality of life enhancement. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: �,Sbz�c� )AC)Ue"t-A Gloria Molleda City Manager Attachment A: Bid Opening Results Attachment B: All American Asphalt Bid Proposal Attachment C: Project Bid Package Attachment D: Construction Contract Agreement with All American Asphalt Attachment E: Construction Management/Construction Inspection Proposals Attachment F: RFP Package Attachment G: Professional Services Agreement with Z&K Consultants Attachment A Bid Opening Results MINUTES OF THE BID OPENING NOTICE OF INVITING BIDS — NIB NO. 2021-07 WALNUT GROVE AVE. RESURFACING PROJECT PHASE I, FROM MARSHALL ST. TO GRAND AVE. PROJECT NO. 21028 Due Wednesday, August 4, 2021, at 10:30 a.m. A total of 6 bid(s) was received. Submitted By: Natalie HawortU, Deputy City Clerk Contractor Date/Time Received Bid Amount City I. SullyMiller Contracting Co. August 4, 2021 0� $ Brea, CA @ 10:19 a.m. 2. Shawnan August 4, 2021 $ 1' 11 r �3y01 Downey, CA @ 10:19 a.m. 3. Hardy & Harper, Inc. August 4, 2021 $ L 11�OI 0001 1 Lake Forest, CA @ 10:21 a.m. 4. Sequel Contractors, Inc. August 4, 2021$ �)TLO , Oil . ``11"" Santa Fe Springs, CA @ 10:22 a.m. 5. All American Asphalt August 4, 2021 $ &4'2,1151 Corona, CA @ 10:23 a.m. 6. Palp, Inc. DBA Excel Paving August 4, 2021 �0 � $ Long Beach, CA @ 10:26 a.m. 1!5161015 Submitted By: Natalie HawortU, Deputy City Clerk Attachment B All American Asphalt Bid Proposal CITY OF ROSEMEAD CALIFORNIA ADDENDUM #3 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 Date Issued: July 29, 2021 City of Rosemead, California, Walnut Grove Resurfacing Phase I Addendum 3 Document Control Page 2 of 13 Addendum for: Walnut Grove Ave Resurfacing Project Phase I, From Marshall St. To Grand Ave. Project No. 21028 Addendum No.: 3 Addendum Date: July 29, 2021 Issued by: City of Rosemead Reminder 1: Bid due date is not changed. City will receive sealed bids up to 10:30 o'clock a.m. on Wednesday, the 4th day of August, 2021 (revised per Addendum Reminder 2: Please sign Addenda Acknowledgement on page CBF -4 of Bid Package Section Titled "Contract Bid Forms". Entire Contract Bid Forms section shall be submitted as Bidder's Proposal. Addendum 3 removes Section 1— Bid Schedule of Contract Bid Forms, pages CBF -1 through CBF -5, and replaces with Attachment A - Revised Section 1—Bid Schedule per Addendum 3. Contractors shall submit Attachment A as part of their bid to be considered responsive. Addendum 3 reissues Project Plans, Sheets 1 through 4. Please see Attachment B — Revised Sheets 1 through 4 per Addendum 3. The City received additional questions and below responses are provided: Q.01 Please confirm if the weekends and/or nights are available for crews to perform Work. Please confirm if 30 Working Days is sufficient time for the Contractor to complete their Work in a timely manner. Our concern is that 30 Working Days is not enough time to complete this Work. A,01 No night time or weekend work will be allowed for this project. The contract time allowed for completion of the project is revised as THIRTY-FIVE (35) working days. Q.02 The Specifications do not indicate if the City wants Changeable Message Signs ("CMS boards") on the project. Please confirm if the City wants the Contractor to use CMS boards on the Project. If so, how many does the City want utilized on the Project? A.02 Contractors shall install 2 Changeable Message Signs (CMS boards) throughout the project. The cost shall be included in Bid Item 14, and no additional compensation will be allowed. Q.03 The Specifications do not specifically define how Bid Item 13 — Remove Existing and Construct 8 -inches Thick Colored Concrete Cross Walk ... is being compensated. Per the Plans, Construction Note 14 notes to remove and install a Colored PCC Crosswalk. Addendum 3, Page 1 of 2 CITY OF ROSEMEAD CALIFORNIA ADDENDUM #3 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 Date Issued: July 29, 2021 City of Rosemead, California, Walnut Grove Resurfacing Phase I Addendum 3 Document Control Page 2 of 13 Addendum for: Walnut Grove Ave Resurfacing Project Phase I, From Marshall St. To Grand Ave. Project No. 21028 Addendum No.: 3 Addendum Date: July 29, 2021 Issued by: City of Rosemead Reminder 1: Bid due date is not changed. City will receive sealed bids up to 10:30 o'clock a.m. on Wednesday, the 4th day of August, 2021 (revised per Addendum Reminder 2: Please sign Addenda Acknowledgement on page CBF -4 of Bid Package Section Titled "Contract Bid Forms". Entire Contract Bid Forms section shall be submitted as Bidder's Proposal. Addendum 3 removes Section 1— Bid Schedule of Contract Bid Forms, pages CBF -1 through CBF -5, and replaces with Attachment A - Revised Section 1 —Bid Schedule per Addendum 3. Contractors shall submit Attachment A as part of their bid to be considered responsive. Addendum 3 reissues Project Plans, Sheets 1 through 4. Please see Attachment B — Revised Sheets 1 through 4 per Addendum 3. The City received additional questions and below responses are provided: Q.01 Please confirm if the weekends and/or nights are available for crews to perform Work. Please confirm if 30 Working Days is sufficient time for the Contractor to complete their Work in a timely manner. Our concern is that 30 Working Days is not enough time to complete this Work. A.01 No night time or weekend work will be allowed for this project. The contract time allowed for completion of the project is revised as THIRTY-FIVE (35) working days. Q.02 The Specifications do not indicate if the City wants Changeable Message Signs ("CMS boards") on the project. Please confirm if the City wants the Contractor to use CMS boards on the Project. If so, how many does the City want utilized on the Project? A.02 Contractors shall install 2 Changeable Message Signs (CMS boards) throughout the project. The cost shall be included in Bid Item 14, and no additional compensation will be allowed. Q.03 The Specifications do not specifically define how Bid Item 13 — Remove Existing and Construct 8 -inches Thick Colored Concrete Cross Walk... is being compensated. Per the Plans, Construction Note 14 notes to remove and install a Colored PCC Crosswalk. Addendum 3, Page 1 of 2 City of Rosemead, California, Walnut Grove Resurfacing Phase I Addendum 3 Document Control Page 3 of 13 A Detail for Construction Note 14, per Sheet 1 of 7, clearly notes a 12' wide 8" Colored PCC Crosswalk; in the same detail, on both sides of the 12' wide 8" Colored PCC Crosswalk is a 1' Wide PCC Pavement, tied into the Colored PCC Crosswalk with epoxy - coated tie bars. Please confirm where the 1' Wide PCC Pavement is to be paid? Is the 1' Wide PCC Pavement to be included in Bid Item 13 or will a separate Bid Item be required for it? A.03 See Attachment B — Revised Sheets I through_4 per Addendum 3. Detail 14 on Sheet 1 is revised to be I P wide with P borders on both sides as shown on the detail. Bid Item 13 quantity is revised to include 1 P colored PCC crosswalk and 1' borders on both sides. Q.04 Per the Plans, Construction Note 14 notes to remove and install a Colored PCC Crosswalk. A Detail for Construction Note 14, per Sheet 1 of 7, clearly notes a 12' wide 8" Colored PCC Crosswalk and 1' Wide PCC Pavement on both sides of the 12' wide 8" Colored PCC Crosswalk; resulting in a total estimated Crosswalk width of 14'. Plan Sheets 2 thru 4 of 7 direct the Contractor to Construction Note 14 at the PCC Crosswalk intersections, however the Plans show the crosswalks to be 11', except for the PCC Crosswalk at the intersection of Wells St & Edmond Dr (Sheet 3) where it does provide a dimension. Please clarify the dimensions of the Crosswalk to be installed. A.04 See response to question 3. Attachments: Attachment A - Revised Section 1— Bid Schedule per Addendum 3 Attachment B - Revised Sheets 1 through 4 per Addendum 3 For all other questions, please contact via email: Okan Demirci, PE Project Manager City of Rosemead E: okan.demircina transtech.org Addendum 3, Page 2 of 2 CITY OF ROSEMEAD CALIFORNIA ADDENDUM #2 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 Date Issued: July 26, 2021 Addendum for: Walnut Grove Ave Resurfacing Project Phase I, From Marshall St. To Grand Ave. Project No. 21028 Addendum No.: 2 Addendum Date: July 26, 2021 Issued by: City of Rosemead Reminder 1: Please sign Addenda Acknowledgement on page CBF -4 of Bid Package Section Titled "Contract Bid Forms". Entire Contract Bid Forms section shall be submitted as Bidder's Proposal. This Addendum 2 extends the bid opening as follows: City will receive sealed bids up to 10:30 o'clock a.m. on Wednesday, the 4th day of August, 2021. The City received additional questions and will issue a separate addendum to provide responses to such questions, For all other questions, please contact via email: Okan Demirci, PE Project Manager City of Rosemead E: okan.demirci(a),transtech.org Addendum 2, Page 1 of 1 CITY OF ROSEMEAD CALIFORNIA ADDENDUM #1 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 Date Issued: July 15, 2021 City of Rosemead, California, Walnut Grove Resurfacing Phase I Addendum 1 Document Control Page 2 of 6 Addendum for: Walnut Grove Ave Resurfacing Project Phase I, From Marshall St. To Grand Ave. Project No. 21028 Addendum No.: 1 Addendum Date: July 15, 2021 Issued by: City of Rosemead Reminder 1: Bid due date is not changed. City will receive sealed bids up to 10:30 o'clock a.m. on Wednesday, the 28th day of July, 2021. Reminder 2: Please sign Addenda Acknowledgement on page CBF -4 of Bid Package Section Titled "Contract Bid Forms". Entire Contract Bid Forms section shall be submitted as Bidder's Proposal. This Addendum provides responses to the questions received. Please see below: Q.01 Per the Bid Schedule, Item 9 notes the removal & reinstall of a PCC Driveway Approach (175 SF) and per the Plans, Construction Note 5 notes to remove & reinstall PCC Driveway Approach; however, the Plans do not indicate Construction Note 5 anywhere in the Construction Plans (Sheets 2 thru 4 of 7). Does the City want to remove & reinstall 175 SF of PCC Driveway Approach? If so, please confirm location(s) of the d riveway(s). A.01 See revised Sheet 4 per Addendum 1, including construction notes 5 and 6. Q.02 Per the Bid Schedule, Item 7 notes the removal & reinstall of PCC Sidewalk (1,000 SF) and per the Plans, Construction Note 6 notes to remove & reinstall PCC Sidewalk; however, the Plans do not indicate Construction Note 6 anywhere in the Construction Plans (Sheets 2 thru 4 of 7). Does the City want to remove & reinstall 1,000 SF of PCC Sidewalk? If so, please confirm the location(s) of the PCC Sidewalk. A.02 Remove and reinstall PCC Sidewalk is a budgetary line item for sidewalk replacement at various locations, to be determined on the field by City representative. This quantity may be at various locations throughout the project as needed. Q.03 Per the Plans, Construction Note 7 notes to construct PCC Curb Ramp; and the Plans direct the Contractor to the (approximate) address of 4885 to install a PCC Curb Ramp, however, the Plans indicate a driveway & sidewalk at this location. Please confirm this is the City's intent. If so, please confirm payment of Construction Note 7, as a bid item for install of a curb ramp is not noted in the bid schedule. Addendum 1, Page 1 of 3 City of Rosemead, Californla, Walnut Grove Resurfacing Phase I Addendum 1 Document Control Page 3 of 6 A.03 See revised Sheet 4 per Addendum 1 with the correction on construction notes. Q.04 Per the Plans, Construction Note 8 notes to remove & reinstall PCC Longitudinal Cross -Gutter; and the Plans direct the Contractor to the (approximate) address of 4885 to remove & reinstall PCC Longitudinal Cross -Gutter however, the Plans indicate a driveway & sidewalk at this location. Please confirm this is the City's intent. If so, please confirm payment of Construction Note 8, as a bid item for remove & reinstall of a curb ramp is not noted in the bid schedule. A.04 See revised Sheet 4 per Addendum 1 with the correction on construction notes. Q.05 Per the Specifications, Section 2-9.2 Survey Service (Page General Provisions — 6), the Specifications note that "All survey monuments, centerline ties and survey reference points will be tied out in advance by the City Land Surveyor."; however, Plan Sheet 1 of 7, Notice to Contractors Note 3, it notes that "The Contractor shall be responsible for the preservation of all, if any, existing survey monuments.". Typically, when the Contractor is responsible for the preservation of all survey monuments, the Contractor is responsible for all tie -outs and restoration of the survey monuments. Please confirm if the City will complete tie out of all survey monuments, centerline ties & survey reference points and restore all survey monuments, centerline ties & survey reference points, as the Plans and Specifications contradict one another. A.05 General Provisions, Section 2-9.2 Survey Service is deleted to its entirety, and amended as follows: 1. The Contractor shall be responsible for construction staking. 2. Unless otherwise provided in the special provision, lines and grades for the construction shall be the responsibility of the contractor, with the following provisions: All work under this contract shall be built in accordance with the existing lines and grades unless called out otherwise on the plans. Field survey for establishing these, and for the control of construction, shall be the responsibility of the Contractor. All such survey work including construction staking shall be done on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and trade involved. 4. The Contractor shall provide a copy of the office calculations and grade sheets to the City Engineer as required. The Contractor shall be responsible for any error in the finished work, and shall notify the Engineer, in writing, within 24 hours of any discrepancies, or design errors during the construction staking. 5. All the Survey Monuments and Bench Marks removed and/or altered during the construction shall be reset and certified "corner records" shall be submitted by the Land Surveyor, to the Engineer prior to the final acceptance of the construction. Addendum 1, Page 2 of 3 City of Rosemead, California, Walnut Grove Resurfacing Phase I Addendum 1 Document Control Page 4 of 6 6. Payment for surveying, construction staking, setting of the Survey Monuments and Bench Marks, preparing corner records, professional services, office and field calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all the work involved, shall be considered as included in the items of work for which the surveying work is performed, and no additional compensation will be allowed. Attachments: Attachment A - Construction Plans, Revised Sheet 4 per Addendum 1 For all other questions, please contact via email: Okan Demirci, PE Project Manager City of Rosemead E: okan.demirci@transtech.oria Addendum 1, Page 3 of 3 City of Rosemead, California, Walnut Grove Resurfacing Phase 1 Addendum 1 Document Control Page 5 of 6 Attachment A — Construction Plans, Revised Sheet 4 per Addendum 1 164- 1 6 4— W Q zg0 Q tj0 LU O RC w v (.908'. S z_a 0 LL I z 0 LUK o g z I z I s6 i 1 o v 1 00 © 0 0 0 0 0 0® ®0 I z 0 LUK City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 16 of 120 BIDDER: All American Asphalt CITY OF ROSEMEAD WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 SECTION I - BID SCHEDULE CONTRACT BUD FORINTS CBF -1 City of Rosemead, California, Walnut Grove Resurfacing Phase I Addendum 3 Attachment A — Revised Section 1— Bid Schedule per Addendum 3 Document Control Page 4 of 13 City of Rosemead, California, Walnut Grove Resurfacing Phase I Addendum 3 Document Control Page 5 of 13 BIDDER: All American Asphalt BID SCHEDULE PER ADDENDUM 3 SCHEDULE OF PRICES FOR WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST 1 Clearing & Grubbing per plans and specifications. See technical LS 1 $� X00 $ Ori provisions TP -2, TP -3 & TP -4. 2 Disposal of Waste Materials, LS 1 $ 000 $ a1000 3 Cold mill 2.0 -inches thick existing SF 394,500 $OT $ qq,65p pavement. Construct 1.5 inches thick 4 pavement overlay ARHM-GG-C TON 3,700 (PG 64-16) as indicated on the fans. 5 Construct 1.0 inch thick leveling course pavement D1 (PG 64-10) as TON 2,500 Al $ �27 i 1500 indicated on the plans. Remove 6 -inches of existing pavement and replace it with 4.0- 6 inches of AC B -PG 64-10 Base SF 1 000 $ / $ �� GO Course over compacted native. ' Localized AC pothole repairs to be determined on the field. Remove Existing, Dispose and 7 Construct 4 -inches thick PCC SF 1,000 $ �rj f0oo Sidewalk per SPPWC Std. Plan 113-1. Remove Existing, Dispose and 8 Construct 8 -inches Curb and 24- LF 56 $ u $ p 11 t m inches Gutter per SPPWC Std. Plan 120-2. 9 Remove Existing and Construct PCC Driveway Approach per SF 175 $ $ i �5 SPPWC Std. Plan 110-2. Adjust Sewer Manhole to Grade 1,000 L111000 10 per SPPWC Std. Plan 205-1 and EA 49 $ $ 206-1. 11 Adjust Water Valve/Gas Valve to EA 46 $ 00 $ CW 00 Grade. CBF -1 City of Rosemead, California, Walnut Grove Resurfacing Phase I Addendum 3 Document Control Page 6 of 13 BIDDER: All American Asphalt NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST 12 Install 36 -inches Parkway Tree — EA 1 $ 5 00 $ 51200 Chinesse Pistache Remove Existing and Construct 8 - inches Thick Colored Concrete Cross Walk (Chromix) with Lithochrome colorhardener per L.M. Scottfield Co. or approved equal over 90% Compacted 13 Native. This bid item shall include SF 15,728 $ $ 1(0b f9 d"A construction of 11' colored crosswalk and 1' PCC borders on each side of the crosswalk, and all other details as shown on Detail 14 on Sheet 1, for complete construction of crosswalk. Install Traffic Striping, Traffic 14 Signal Loops and Pavement LS 1 $ 0� ,/ $ 6 1FOO Markers per the Striping Plans and Specifications Complete. TOTAL BID AMOUNT IN NUMBERS $11114a, I �7 TOTAL BID AMOUNT IN WORDS: Qu Vulah AWL AmkLa foxfd Two Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. CBF -2 City of Rosemead, California, Walnut Grove Resurfacing Phase I Addendum 3 Document Control Page 7 of 13 BIDDER: All American Asphalt Attached hereto is a certified check, a cashier's check or a bid bond in the amount of (B;ddt's 80"ct Dollars ($ ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars (,$500.00) per calendar day if project is not completed in THIRTY-FIVE (35) 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, 2, 3 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, Walnut Grove Resurfacing Phase I Addendum 3 By: o Signature Edward J. Carlson Type or Print Name Vice President Title Document Control Page 8 of 13 BIDDER: All American Asphalt 400 East Sixth Street Business Street Address Corona, CA 92879 City, State and Zip Code 951-736-7600 Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: **N/A** Bidder's License Number(s): 267073 Class A Department Industrial Relations Registered No. 1000001051 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 -equired to provide evidence that the person signing on behalf of thf corporation, partnership or ,joint venture has the authority to do so. CBF -4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 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 Riverside On _ July 22, 2021 before me, Sarah Amanda Langley, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(ayof Slgner(-s} ki' i or�. > SARAH AMANDA LANGLEY .l g, a' Notary Public • California Riverside County Commission # 2337877 My Comm. Expires Nov 20, 2024 r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aFe subscribed to the within instrument and acknowledged to me that he/s#eAhey executed the same in his/494the# authorized capacity(ies), and that by his(her4heif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signatu Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Schedule Document Date: 07/22/2021 Signer(&) Other Than Named Above: Capacity(ies) Claimed by Signer(&) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer—Title(s): Vice President ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee 7T.p7hr. ❑ Other: Signer is Representing: Number of Pages: 5 Signer's Name: ❑ Individual N/A ❑ Corporate Officer—Title(s): N/A ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: N/A Signer is Representing: Top of thumb here ALL. WERICAN ASPHAl I— A . 1 1 i:I,% k 11 1't Iµ I I Ir:I . i Irvin : � I I' ALL Amr-RlVX]REGATES CORPORATE RESOLUTION Resolved, that this Corporation, All American Asphalt, on January 7, 2021 authorizes Edward J. Carlson to execute bid proposals, contracts and agreements on behalf of the company in the capacity of Vice President. l Michael Farkas Secretary ° °°... CONTRACTORS i dC�3 STATE LICENSE BOARD ACTIVE LICENSE 267073 e- CORP 2WMaf Vfm. ALL AMERICAN ASPHALT cWrncmwy°, A C12 Eo.� 01/31/2022 www.cslb.ca.gov Contractor Information Legal Entity Name ALL AMERICAN ASPHALT Legal Entity Type Corporation Status Active Registration Number 1000001051 Registration effective date 7/1/2020 Registration expiration date 6/30/2023 Mailing Address PO BOX 2229 CORONA 92878 CA United States ... Physical Address 400 E SIXTH ST CORONA 92879 CA United State... Email Address Trade Name/DBA License Number(s) CSLB:267073 CSLB:267073 Legal Entity Information Corporation Number: 057879 Federal Employment Identification Number: President Name: MARK LUER Vice President Name: EDWARD J CARLSON Treasurer Name: MICHAEL FARKAS Secretary Name: MICHAEL FARKAS CEO Name: Agent of Service Name: MICHAEL FARKAS Agent of Service Mailing Address: 400 E SIXTH ST CORONA 92879 CA United States of America Workers Compensation Registration History Effective Date Expiration Date 5/11/2018 6/30/2019 5/8/2017 6/30/2018 5/2/2016 6/30/2017 6/9/2015 6/30/2016 8/25/2014 6/30/2015 7/1/2019 6/30/2020 7/1/2020 6/30/2023 Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name:ALL AMERICAN ASPHALTInsurance Carrier: ZURICH AMERICAN INSURANCE COMPANYPolicy Number:WC593205701Inception date: 7/31/2019Expiration Date:8/30/2020 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 21 of 120 BIDDER: All American Asphalt SECTION 2 BID DATA FORMS CBF -6 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 22 of 120 Bid Bond No. 08597423 Bid Date: 07/28/2021 BIDDER: All American Asphalt 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: WHAT All American Asphalt , as Principal, and Fidelity And Deposit Company Of Maryland , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Total Amount Bid --- DOLLARS ($ 10% of Bid---- ), 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 WALNUT GROVE AVE RESURFACING PROJECT PHASE I/ FROM MARSHALL ST. TO GRAND AVE. —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated July 12, 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 20th day of July , 20_21 All American Asphalt Principal (SEAL) Fidelity And Deposit Company Of Maryland (SEAL) Surety By:�� -- l� By: Signa ure Signature Rebecca Haas -Hates, Attorney -in -Fact � Itoo " C, JC'a�lfa V l� CBF -7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 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. accuracv. or validity of that document. State of California County of Rivers On July 22, 2021 before me, Sarah Amanda Langley, Notary Public Dale Here Insert name and Tllle of the Officer personally appeared Edward J. Carlson Name(s}of Signer(a)r s who proved to me on the basis of satisfactory evidence to be the person(&) whose name(-,) is/are subscribed to the within instrument and acknowledged to me that he/she44ey executed the same in SARAH AMANDALANGLEY his/herhheir authorized capacity(+es), and that by his/herltheir Notary Public •California signature(&) on the instrument the person(s), or the entity upon behalf Riverside County of which the person(&) acted, executed the instrument. Commission q LiVatI '•�•"� My Comm. Expires Nov 20, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS Shand and official seal. . Signature Place Notary Seal Above Signature of Notary Public / OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: 07/20/2021 Number of Pages: 3 Signer(-,) Other Than Named Above: Rebecca Haas Bates -Attorney in Fact Capacity(les) claimed by Signer(&) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer— Title(s): Vice President ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee 7T.p71.,e ❑ Other: Signer is Representing: Signer's Name: N/A ❑ Individual ❑ Corporate Officer—Title(s): N/A ❑ Partner 0 ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Other: N/A Signer is Representing: CALIFORNIA.. •.a..a-a<a<.c�.-.�e.a.<G`a T:� -ata .a< c : a <.c�.�<.a. a<._ �r.a .ae% fir. c� ar : r � at.a . < . ar:a..atSae-a... - - e�..ar. 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 07/20/2021 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the personas} whose name( is/are subscribed to the within instrument and acknowledged to me that f3e/she/they executed the same in Ptis/herANh lr authorized capacity, and that by hWherMisir signature�*on the instrument the person(,. or the entity upon behalf of which the person(sj, 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. LILIANAGOMEZ WITNESS my hand and official seal. �s Notary Public - California n Orange County r" Commission p 2243326 �(� `""'°°"� My Comm Expires May 20, 2022 Signature A� - Signature of Notary P lic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 07/20/2021 Number of Pages: One(j) Signer(s) Other Than Named Above: All American Asphalt Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do fla Cher certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 20th day of July 2021 • g 03 BgAL�f By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.rel2ortsfclaims@zurichna.com 800-626-4577 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package 2.B LIST OF PROPOSED SUBCONTRACTORS Document Control Page 23 of 120 BIDDER; All American Asphalt 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. Gail City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 24 of 120 BIDDER: All American Asphalt 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Description of Work r ,plVl�ly 1��1� s of Subcontractor to be Subcontracted Name:VICT Address: 1715 License No.: q311%0.1 Department of Industrial Relation Registration No, 10 0 0 00 5 (0 $% Name and Location of Subcontractor Description of Work flmm , Ytt to be Subcontracted 1 Name: Vv40 wt Address: vsm. rws w u, ytwlh lh ICA- License No.: 3 0 (0 12,1— Department of Industrial Relation Registration No.1000000M Name and Location of Subcontractor Name: ` o k U Address: Qq S License No.: 460 Department of Indu, Name and Location of Subcontractor Description of Work to be Subcontracted ,pap 000 06 Relation Registration No., Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name:_ Address: Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. CBF -9 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 24 of 120 BIDDER: All American Asphalt 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location of Subcontractor Name: Address: License No.: Department of Industrial Relation Registration No. Description of Work to be Subcontracted 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 of Subcontractor Name: Address:_ License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No CBF - 9 City of Rosemead, California, Walnut Grove Resurfacing -Phase I Bid Package 2.0 REFERENCES Document Control Page 25 of 120 BIDDER: All American Asphalt The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. City of Ontario; 303 East B Street, Ontario, CA 91764 Name and Address of Owner Ariana Kern: (909) 395-2129 Name and telephone number of person familiar with project $2,499,333.00 Contract amount Pavement Rehabilitation 12/2020 Type of Work Date Completed 2. City of Loma Linda - 25541 Barton Road, Loma Linda, CA 92354 Name and Address of Owner T. Jarb Thaipejr: 909 799-4400 Name and telephone number of person familiar with project $768,677.00 Contract amount Pavement Rehabilitation 12/2020 Type of Work Date Completed 3. County of Venutra: 501 Poli Street, Ventura, CA 93001 Name and Address of Owner Christopher Solis; (805) 654-2054 Name and telephone number of person familiar with project $3,919,808.95 Contract amount Resurfacing Project Type of Work CBF -10 12/2019 Date Completed City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 26 of 120 BIDDER: All American Asphalt 4. City of Stanton; 7800 Katella Avenue, Stanton, CA 90680 Name and Address of Owner Guillermo Perez: (714) 890-4204 Name and telephone number of person familiar with project $1,206,869.00 Contract amount CBF -11 Street Resurfacing 11/2019 Type of Work Date Completed 2020 PAST WORK REFERENCES City of Ontario 2020 Fall Pavement Rehabilitation Project 303 East B Street Contract Amount: $2,499,333.00 Ontario, CA 91764 Start Date: 07/2020 Contact: Ariana Kern (909) 395-2129 End Date: 12/2020 akern .ontarioca.gov City of Loma Linda 25541 Barton Road Loma Linda, CA 92354 Contact: T. Jarb Thaipejr (909) 799-4400 ithaipeir aC�.lomalinda-ca.gov City of Jurupa Valley 8920 Limonite Avenue Jurupa Valley, CA 92509 Contact: Chase Keys (951) 332-6464 ckeys Cad i u ru Pav a l l ey. o rg County of Orange 601 N. Ross Street, 411 Floor Santa Ana, CA 92701 Contact: Albert Rodriguez albert.rod riguez aeocr)w.ocgov.com City of Compton 205 S. Willowbrook Avenue Compton, CA 90220 Contact: Brittany Duhn (Z & K Consultants) bduhn@zandkconsultants.com City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Joe Fuentes (714) 536-5259 jfuentes(cD_surfcity-hb.org Pavement Rehabilitation — Barton Road Contract Amount: $768,677.00 Start Date: 04/2020 End Date: 12/2020 Granite Hill Drive Pavement Rehabilitation Contract Amount: $999,777.00 Start Date: 04/2020 End Date: 10/2020 JOC Pavement Maintenance Contract Amount: $2,584,747.69 Start Date: 07/2020 End Date: 08/2020 Annual Residential Street Rehabilitation — Phase 1 Contract Amount: $5,295,068.00 Start Date: 05/2020 End Date: 11/2020 Arterial Rehabilitation of Graham St, Slater Ave, Newland St and Atlanta Ave Contract Amount: $5,181,955.00 Start Date: 05/2020 End Date: 11/2020 2020 PAST WORK REFERENCES City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Contact: Patricia Kharazmi (949) 644-3344 pkharazmi canewportbeachca.gov City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 Contact: Theresa Tran (714) 548-3460 ttran(&westminster. ca.gov Crescenta Valley Water District 2700 Foothill Boulevard La Crescenta-Montrose, CA 91214 Contact: Brook Yared (818) 236-4117 bvaredcvwd.com City of Alhambra 111 S. 1 st Street Alhambra, CA 91801 Contact: Robert Bias (626) 580-5000 rbiase.citvofalh am bra. org County of Ventura 800 S. Victoria Avenue, #1600 Ventura, CA 93009 Contact: Matt Maechler (805) 477-1911 matthew, maech lera-ventu ra. orci City of Camarillo 601 Carmen Drive Camarillo, CA 93010 Contact: Thang Tran (805) 388-5345 ttran cAcityofcamarillo.ora Cameo Highlands Street Reconstruction Contract Amount: $2,425,694.00 Start Date: 07/2020 End Time: 11/2020 Citywide Overlay Street Improvements Contract Amount: $1,131,621 Start Date: 02/2020 End Date: 06/2020 Final Paving of Pennsylvania Ave Contract Amount: $82,620.00 Start Date: 02/2020 End Date: 04/2020 2020 HUD Street Improvements Project Contract Amount: $300,433.00 Start Date: 06/2020 End Date: 10/2020 Yerba Buena Rd. (South) Pavement Resurfacing Contract Amount: $2,298,467.40 Start Date: 03/2020 End Date: 06/2020 Earl Joseph Drive Paving Contract Amount: $681,901.50 Start Date: 06/2020 End Date: 07/2020 2020 PAST WORK REFERENCES City of Norco 2870 Clark Avenue Norco, CA 92860 Contact: Sam Nelson (951) 270-5607 snelson ci.norco.ca.us City of Orange 300 E. Chapman Avenue Orange, CA 92886 Contact: Martin Varona (714) 744-5563 mvaronaacityoforange.orq FY 2019-2020 Slurry Seal Project Contract Amount: $147,708.97 Start Date: 06/2020 End Date: 12/2020 Annual Slurry Seal FY 19-20 Various Locations Contract Amount: $377,737.78 Start Date: 06/2020 End Date: 12/2020 2019 PAST WORK REFERENCES City of Simi Valley 2929 Tapo Canyon Rd. Simi Valley, CA 93063 Contact: Sarah Sheshebor (805)583-6792 sshesheb(&simivalley.orq County of Ventura 501 Poli Street Ventura, CA 93001 Contact: Christopher Solis (805) 654-2054 Chris. solis(-U,)ventu ra. org City of Stanton 7800 Katella Avenue Stanton, CA. 90680 Contact: Guillermo Perez (714) 890-4204 wereyd),ci. stanton.ca.us City of Compton 205 S. Willowbrook Avenue Compton, CA. 90220 Contact: John Strictland (310) 605-5505 istrictlanda-comptoncity.org City of San Clemente 910 Calle Negocio San Clemente, CA. 92673 Contact: Darra Koger (949) 361-3138 kogerD(a)san-clemente. org, City of South Gate 8650 California Avenue South Gate, CA. 90280 Contact: John Rico (323) 563-9594 Trico &-sogate.org Simi Valley Minor Street Rehabilitation Contract Amount: $510,124.25 Start Date: 07/2019 End Date: 08/2019 Yerba Buena Area Resurfacing Project Contract Amount: $3,919,808.95 Start Date: 06/2019 End Date: 12/2019 2019 Citywide Street Resurfacing Contract Amount: $1,206,869.00 Start Date: 10/2019 End Date: 12/2019 Road Repair Service (Pothole Repair) Contract Amount: $1,019,100.00 Start Date: 08/2019 End Date: 11/2019 Street Rehabilitation for S. Avenue LA Esperanza Contract Amount: $384,055.00 Start Date: 09/2019 End Date: 10/2019 Circle Park Driveway Project Contract Amount: $268,576.00 Start Date: 06/2019 End Date: 09/2019 2019 PAST WORK REFERENCES Pardee Homes 1250 Corona Pointe Court, Ste. 600 Corona, CA, 92879 Contact: Nick Lasher (951) 428-4442 nick. lasherapardeehomes. com City of Fontana 8353 Sierra Avenue Fontana, CA. 92335 Contact: Kimberly Young (909) 350-7632 kyouna CaD-fontana. orq DR Horton 2280 Wardlow Circle Ste, 100 Corona, CA, 92880 Contact: Keith Alex (951) 830-5872 kalexe-drhorton.com Irvine Community Development Company 550 Newport Center Dr. Ste. 550 B2 Newport Beach, CA. 92660 Contact: Mike Morse (949) 720-2560 City of Downey 11111 Brookshire Avenue Downey, CA, 90241 Contact: Desi Gutierrez, (562) 904-7110 d4utierraa.downeyca.org Railroad Canyon Widening Contract Amount: $5,062,746.00 Start Date: 11/2018 End Time: 08/2019 Citrus Avenue Improvements Contract Amount: $502,730.00 Start Date: 08/2018 End Date: 10/2019 Singlton Road Contract Amount: $1,684,000.00 Start Date: 07/2018 End Date: 12/2019 Portola Springs PA -6 Enclave 5B Phase1, 2 Contract Amount: $2,055,055.00 Start Date: 09/2018 End Date: 12/2019 FY 18/19 Slurry Seal Project Contract Amount: $313,425.87 Start Date: 06/2019 End Date: 12/2019 2019 PAST WORK REFERENCES City of Chino Slurry Seal Maintenance Work PO Box 667 Contract Amount: $372,805.00 Chino, CA, 91708 Start Date: 1/2019 Contact: Dustin Postovoit (909) 334-3415 End Date: 12/2019 apostovoit(cbcityofchino.or City of Lancaster 44933 Fern Avenue Lancaster, CA. 93534 Contact: Greg Wilson (661) 570-8003 gwilsonna.cityoflancasterca.org City of Colton 650 N. La Cadena Dr. Colton, CA. 92324 Contact: Victor Ortiz (909) 370-5099 vortiz(acoltonca.gov City of Cathedral City 68700 Ave Lalo Guerrero Cathedral City, CA. 92234 Contact: John A. Corella (760) 770-0349 icorella@cathedralcity.gov City of San Clemente 910 Calle Negocio San Clemente, CA. 92673 Contact: Gary Voborsky (949) 361-6132 voborskya a(-san-clemente.orq 2018 Pavement Management Program Contract Amount: $2,720,103.65 Start Date: 3/2019 End Date: 12/2019 FY 18-19 Asphalt Paving Project Contract Amount: $1,377,700.00 Start Date: 3/2019 End Date: 11/2019 Ortega Road Widening Contract Amount: $459,998.00 Start Date: 2/2019 End Date: 12/2019 Arterial Street Pavement Maintenance Contract Amount: $1,187,187.00 Start Date: 3/2019 End Date: 7/2019 "2018" PAST WORK REFERENCES City of Moreno Valley 14177 Frederick St. P.O. Box 88005 Moreno Valley, CA 92552 Contact: Henry Ngo, P.E., (951)413-3106 henrvn@moval.ore City of Aliso Viejo 12 Journey Street Ste #100 Aliso Viejo, CA 92656 Contact: Mari Shakir, (949)425-2556 Mshal<ir@cityofalisovieio.com City of Jurupa Valley 8304 Limonite Avenue Suite M Jurupa Valley, CA 92509 Contact: Chase Keys, (951)332-6464 cl<eys@ iurupaval ley.ore City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706 Contact: Richard Corpis, (626)430-2200 Alessandro Blvd. Street Improvements at Chogall Court and Graham Street Contract Amount: $445,821.50 Start: 05/2018 Complete: 11/2018 Aliso Creek and Road Rehab Contract Amount: $657,770.00 Start: 05/2018 Complete: 10/2018 Van Buren Blvd. Pavement Rehab.- PH2 Contract Amount: $781,845.00 Start: 08/2018 Complete: 09/2018 rcorpis@irwindaIeCA.eov Irwindale 2017-2018 Resurfacing Project Contract Amount: $285,503.10 Start: 07/2018 Complete: 08/2018 "2018" PAST WORK REFERENCES County of Los Angeles P.O. Box 7508 Alhambra, CA 91802 Contact: Hoda Hassan, (626)458-3144 H HASSAN@dow.lacounty.eov City of Rolling Hills Estates 4045 Palos Verdes Drive Rolling Hills Estates, CA 90274 Contact: Scott Gibson (909)210-0548 ssibson@hrgreen.com City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Jim Escutia (714)536-5525 iescutia@surfcity-hb.ors City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Contact: Jazmine Pena (909) 350-6648 0Pena@fontana.org Pine Canyon Road Contract Amount: $3,288,999.00 Start: 06/2018 Complete: 11/2018 2017-18 Street Resurfacing Project Contract Amount: $1,203,292.50 Start: 03/2018 Finish: 09/2018 Heil and Main Street Contract Amount: $2,285,562.00 Start: 11/2017 Finish: 06/2018 Valley Blvd. Median Improvement Project Contract Amount: $164,715.00 Start: 03/2018 Finish: 05/2018 "'2018» PAST WORK REFERENCES City of Lake Forest 25550 Commercentre Drive Lake Forest, CA 92630 Contact: Taylor Abernathy, (949)461-3490 tabernathy@lakeforestca.goy City of La Quinta 74-495 Calle Tampico La Quinta, CA 92253 Contact: Ubaldo Ayon Jr., (760)777-7051 uavon@la-guinta.ore City of Canyon Lake 31516 Railroad Canyon Road Canyon Lake, CA 92587 Contact: Kenneth Bailey, (951)244-2955 kennethbailev@caaprofessionaIs.com City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Contact: Alfred Castanon, (949) 644-3314 ACastanon@newportbeachca.sov Bake Parkway at Trabuco Road Contract Amount: $121,621.00 Start: 02/2018 Finish: 06/2018 FY 16-17 Phase 2 Desert Club Contract amount: $697,474.76 Start date: 06/2017 Finish date 12/2017 Slurry Seal FY 2017-2018 Railroad Canyon/ Canyon Lake Drive Contract amount: $263,241.63 Start date: 03/2018 Finish date: 12/2018 West Coast Highway Landscape Improvements, Phase 1, Contract No. 7189-1 Contract amount: $604,284.50 Start date: 06/2018 Finish date: 11/2019 "'2018"" PAST WORK REFERENCES Town of Apple Valley 14955 Dale Evans Parkway Apple Valley, CA 92307 Contact: Rich Berger, (760)240-7000 ext 7530 rbereer@applevalley.org City of Indian Wells 44-950 Eldorado Drive Indian Wells, CA 92210 Contact: Ken A. Seumalo, P.E., (760)346-2489, kseumalo@IndianWells.com Navajo Road Rehabilitation Contract amount: $849,182.00 Start date: 07/2017 Finish date: 12/2017 Cook Street Rubberized Pavement Overlay Contract amount: $599,599.59 Start date: 05/2018 Finish date: 12/2018 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 27 of 120 BIDDER: All American Asphalt SECTION 3 NON-COLL USION AFFIDA VIT CBF -12 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 28 of 120 BIDDER: All American Asphalt 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 malting 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 Edward J. Carlson Typed or Printed Name Vice President Title All American Asphalt Bidder Subscribed and sworn before This day of y a 0/ , 20 Notary Pub ' zd for the State d. ifornia My C.Amission Expires: CBF - 13 (Seal) 2CALIFORNIA JURAT GOV CODE § 8202 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 Riverside 4, orR SARAH AMANDA LANGLEY Notary Public - California $ - Riverside County Z = Commission p 2337877 Y � '�i,.c •`� My Comm. Expires Nov 20, 2024 Subscribed and sworn to (or affirmed) before me on this 22nd day of July 2021, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) / Signature161-jejL)��- (,/' 2(-% �c:- Place Notary Seal Above Signature of Notary Public OPTIONAL 4/1 Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document NON -COLLUSION AFFIDAVIT Document Date: 07/22/2021 Number of Pages: I Signer(s) Other Than Named Above: NSA Attachment C Project Bid Package CITY OF ROSEMEAD CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 FISCAL YEAR 2021-2022 IN THE CITY OF ROSEMEAD PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION 8838 E. VALLEY BOULEVARD ROSEMEAD, CA 91770 TELEPHONE: (626) 569-2150 FAX: (626) 307-9218 BIDS DUE: WEDNESDAY, JULY 28, 2021 AT 10:30 AM City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package CITY OF ROSEMEAD WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 TABLE OF CONTENTS BIDDING DOCUMENTS Document Control Page 2 of 120 1. Notice Inviting Bids............................................................ NIB- 1 - NIB -2 2. Instructions to Bidders..............................................................ITB-1 - ITB -9 3. Contract Bid Forms............................................................CBF-1 - CBF -13 CONTRACT AGREEMENT 1. Contract Agreement and Insurance Requirements 2. Performance Bond 3. Payment Bond CONTRACT APPENDIX Part "A" General Provisions ......................................... GP- 1 — GP -34 Part "B" Supplemental General Conditions ......................GC -1 — GC -10 Part "C" Technical Provisions......................................TP-1 — TP -10 Part "D" Appendix Appendix A - Project Plans City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package CITY OF ROSEMEAD Document Control Page 3 of 120 WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 NOTICE INVITING BIDS City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 4 of 120 CITY OF ROSEMEAD NOTICE INVITING BIDS NIB No. 2021-07 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive sealed bids up to 10:30 o'clock a.m. on Wednesday, the 28th day of July, 2021, and bids will be publicly opened 30 minutes after bid deadline for WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 The project consists of removing and replacing existing AC Pavement, PCC sidewalk, curb and gutter and miscellaneous work as indicated on the construction plans., including other incidental and appurtenant work necessary for the proper completion of the project. The engineer's estimate for this project is $1,200,000. The successful bidder shall have THIRTY (30) working days to complete the work. Liquidated damages shall be $500.00 per working day. Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained as follows: 1. Please e-mail your request with your contact information to: okan.demirci@transtech.org. Upon receipt of your e-mail, you will be registered as a plan holder, and a pdf file of the Bidding and Contract Documents, Plans and Specifications will be e-mailed to you at no cost. 2. Hard copies will not be mailed. SB 854 Requirements: This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a print out from the DIR registration website showing that the prime contractor and each subcontractor is currently registered and qualified. No bid proposals will be accepted nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)] Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date. NIB- 1 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 5 of 120 The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "A" license in good standing at the time Bids are received. The Council reserves the right to reject any and all bids and to waive any informality, technical defect, or minor irregularity in any bid submitted. An award of service shall not be final until the bids have been reviewed and a Contract Agreement with the City has been signed by the lowest responsible bidder and by the City. Award of Contract Agreement is proposed for August 10th, 2021. Dated this July 12, 2021. Ericka Hernandez City Clerk Publish: July 12" d & 19th, 2021. NIB- 2 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package CITY OF ROSEMEAD Document Control Page 6 of 120 WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 INSTRUCTION TO BIDDERS City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package INSTRUCTIONS TO BIDDERS Document Control Page 7 of 120 All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. 1. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the Notice Inviting Bids. The Owner may also make the Bid Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Bid Documents at a plan room must contact the Owner to purchase the required Bid Documents if they decide to submit a bid for the Proj ect. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via email or facsimile to the Owner's Project Engineer. Any response that the Owner may choose to make for purposes of interpretation or clarification, will be in writing and made available to all the listed holders of the Bid Documents. The Owner will respond to all written/faxed/email Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification ofthe Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Technical Provisions ITB - 1 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 8 of 120 Part "D" - Appendix Any Addenda Issued by the Owner 4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Development Services Department to verify that he has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. 7. ALTERNATE BIDS If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on the basis of the base bid only, but the Owner may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. Since the time for the alternate bid items has already been factored into the Contract Time, no additional Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one or more particular bid items. 1101M City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 9 of 120 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in accordance with the instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. 9. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venture or partner appointing and designating one of the joint ventures or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venture or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venture or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venture or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venture or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form furnished by the Owner, or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. ITB - 3 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 10 of 120 After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all Bidders their Bid guarantees 11. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents herein have been completed and signed as set forth above, they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials required by these instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the following in the lower left-hand corner thereof. Bid of (Insert Name of the Company) for WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. No consideration shall be given by the Owner to bid proposals received after the date and time set for the opening of bids as provided in the Notice Inviting Bids. 12. DELIVERY AND OPENING OF BIDS Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date and time shown therein. The Owner will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated. Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. 13. WITHDRAWAL OF BID Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the Owner; the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner because of the damage resulting from the delay in the execution of the Contract and in the performance of Work thereunder. 14. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City Council will make all necessary decisions and awards. The apparent successful bidder should at this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the required documents and certifications. Regardless whether the successful bidder supplies the required ITB - 4 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 11 of 120 documents and certifications in a timely manner, the Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and executed documents and certifications from the successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder. 15. DESIGNATION OF SUBCONTRACTORS Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the prime Bidder in an amount that exceeds one-half of one percent (0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, as well as any others requested by the Owner, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty- four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING AND REGISTRATION REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Pursuant to Section 1725.5 of the Labor Code, all bidders must be registered with the Department of Industrial Relations to be qualified to bid on this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted and be registered with the Department of Industrial Relations. Pursuant to Section 7028.5 ofthe Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do business in California, and satisfactory to the Owner. 19. REQUIRED BIDDER CERTIFICATIONS Bidders must comply with the following: A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to various information, including but not limited to, the accuracy of the representations made in the Contract Bid Forms. B. NON -COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each ITB - 5 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 12 of 120 Bidder must execute and submit with its bid the statutorily mandated non -collusion affidavit included in the Bid Documents. 20. BASIS OF AWARD; BALANCED BIDS The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid which, in its opinion when compared to other bids received or to the Owner's internal estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject as non-responsive any bid which unevenly weights or allocates overhead and profit to one or more particular bid items. 21. FILING OF BID PROTESTS Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) Working Days after the bid opening date. B. Clearly identify the specific accusation involved. C. Clearly identify the specific Owner Staff/Board recommendation being protested. D. Specify, in detail, the grounds of the protest and the facts supporting the protest. E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one of these requirements, it will be rejected as invalid. If the protest is valid, the Owner's Project Manager, or other designated Owner staff member, shall review the basis of the protest and all relevant information. The Project Manager will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the Project Manager to the City Engineer then the appeal at the City Council. That way, the Council can deny the protest and approve the project at the same hearing. 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price. Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract ERM City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 13 of 120 Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid Forms. 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Bid Documents. 25. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds, in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications to perform the work described in these Bid Documents. The Owner reserves the right to: A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications, without exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner/joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% of the Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non -Collusion Affidavit; and ITB -7 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 14 of 120 D. Completed and properly executed Bidder Information Forms. If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary. 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS A. Contract Bid Forms. The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda - Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. B. List of Proposed Subcontractors (Forms). State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one-half of one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent (0.5%) of the Total Bid Price. (2) Location. For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type/portion of work to be performed in the Contract. City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 15 of 120 (4) Contractor License Number. For listed Subcontractors, list the contractor license number issued to the Subcontractor by the California Contractors State License Board. (5) Registration with Department of Industrial Relations. For listed Subcontractors, include evidence of registration with the Department of Industrial Relations as required by Section 1725.5 of the Labor Code. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements ofthe Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDERS • City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package BIDDER: CITY OF ROSEMEAD Document Control Page 16 of 120 WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package BIDDER: BID SCHEDULE SCHEDULE OF PRICES FOR WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 Document Control Page 17 of 120 NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST Clearing & Grubbing per plans and 1 specifications. See technical LS 1 $ $ provisions TP -2, TP -3 & TP -4. 2 Disposal of Waste Materials. LS 1 $ $ 3 Cold mill 2.0 -inches thick existing SF 394,500 $ $ pavement. Construct 1.5 inches thick 4 pavement overlay ARHM-GG-C TON 3,700 $ $ (PG 64-16) as indicated on the Tans. Construct 1.0 inch thick leveling 5 course pavement D1 (PG 64-10) as TON 2,500 $ $ indicated on the plans. Remove 6 -inches of existing pavement and replace it with 4.0- 6 inches of AC B -PG 64-10 Base SF 1,000 $ $ Course over compacted native. Localized AC pothole repairs to be determined on the field. Remove Existing, Dispose and 7 Construct 4 -inches thick PCC SF 1,000 $ $ Sidewalk per SPPWC Std. Plan 113-1. Remove Existing, Dispose and 8 Construct 8 -inches Curb and 24- LF 56 $ $ inches Gutter per SPPWC Std. Plan 120-2. Remove Existing and Construct 9 PCC Driveway Approach per SF 175 $ $ SPPWC Std. Plan 110-2. Adjust Sewer Manhole to Grade 10 per SPPWC Std. Plan 205-1 and EA 49 $ $ 206-1. 11 Adjust Water Valve/Gas Valve to EA 46 $ $ Grade. CBF -2 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package BIDDER: Document Control Page 18 of 120 NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST 12 Install 36 -inches Parkway Tree — EA 1 $ $ Chinesse Pistache Remove Existing and Construct 8 - inches Thick Colored Concrete Cross Walk (Chromix) with 13 Lithochrome colorhardener per SF 13,600 $ $ L.M. Scottfield Co. or approved equal over 90% Compacted Native. Install Traffic Striping, Traffic 14 Signal Loops and Pavement LS 1 $ $ Markers per the Striping Plans and Specifications Complete. TOTAL BID AMOUNT IN NUMBERS $ TOTAL BID AMOUNT IN WORDS: Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the CBF -3 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package BIDDER: Document Control Page 19 of 120 Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed in THIRTY (30) 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. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -4 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package C Signature Type or Print Name Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: BIDDER: Business Street Address City, State and Zip Code Telephone Number Document Control Page 20 of 120 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -5 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package BIDDER: SECTION 2 BID DATA FORMS CBF -6 Document Control Page 21 of 120 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 22 of 120 BIDDER: Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Principal, and as , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of DOLLARS ($ ), being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the WALNUT GROVE AVE RESURFACING PROJECT PHASE I/ FROM MARSHALL ST. TO GRAND AVE. —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this day of , 20 Principal im Signature _(SEAL) Surety By: Signature CBF -7 (SEAL) City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package BIDDER: 2.B LIST OF PROPOSED SUBCONTRACTORS Document Control Page 23 of 120 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 I percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -8 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 24 of 120 BIDDER: 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF -9 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package BIDDER: Document Control Page 25 of 120 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF - 10 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 26 of 120 4. BIDDER: Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF- 11 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 27 of 120 BIDDER: SECTION 3 NON-COLL USIONAFFIDA UT CBF - 12 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package BIDDER: NON -COLLUSION AFFIDAVIT Document Control Page 28 of 120 In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Typed or Printed Name Title Bidder Subscribed and sworn before me This day of , 20 Notary Public in and for the State of California My Commission Expires: CBF -13 (Seal) City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package CONSTRUCTION CONTRACT WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. (COMPANY NAME) 1. PARTIES AND DATE Document Control Page 29 of 120 This Contract is made and entered into this day of , 20 (Effective Date) by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and COMPANY NAME with its principal place of business at COMPANY ADDRESS (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the WALNUT GROVE AVE RESURFACING PROJECT PHASE I / FROM MARSHALL ST. TO GRAND AVE. 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 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name Page 2 of 11 Document Control Page 30 of 120 performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to Month, Date and Year unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Gloria Molleda, or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Project Manager, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name Page 3 of 11 Document Control Page 31 of 120 procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or 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 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name Page 4 of 11 Document Control Page 32 of 120 appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name Page 5 of 11 Document Control Page 33 of 120 request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A: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 Dollar Amount in Word Format Dollars (Numerical) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 34 of 120 Company Name 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 to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required underthis Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Company Name Address City, State, Zip Code Attn: Project Manager's Name Tel: (000) 000-0000 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: 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. City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name Page 7 of 11 Document Control Page 35 of 120 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 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 36 of 120 Company Name Page 8 of 11 attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name Page 9 of 11 Document Control Page 37 of 120 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] City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name Page 10 of 11 CITY OF ROSEMEAD Gloria Molleda, City Manager Attest: Ericka Hernandez, City Clerk Approved as to Form: Date Date Document Control Page 38 of 120 COMPANY NAME By: Signature Date Name: Print Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Rachel Richman, City Clerk Date Name: Title: City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL Document Control Page 39 of 120 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name EXHIBIT B INSURANCE REQUIREMENTS Document Control Page 40 of 120 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: City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name Document Control Page 41 of 120 • 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 orequipment 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- orbetterand 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 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name Document Control Page 42 of 120 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. City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name Document Control Page 43 of 120 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 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Company Name Document Control Page 44 of 120 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 isnot intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package CITY OF ROSEMEAD Document Control Page 45 of 120 WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 PERFORMANCE BOND City of Rosemead, California, Walnut Grove Resurfacing Phase 1 Bid Package Document Control Page 46 of 120 ' - act) -I \/__._ \WIT -111M] WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the WALNUT GROVE AVE RESURFACING PROJECT PHASE U FROM MARSHALL ST. TO GRAND AVE. and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we the undersigned Contractor, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing parry shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - 1 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 47 of 120 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on ,20 Principal/Contractor By: President Surety By: Attorney -in -Fact The rate of premium on this bond is per thousand. The total amount of premium charged, $ (The above must be filled in by corporate surety.) PERFORMANCE BOND - 2 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package STATE OF CALIFORNIA ss. COUNTY OF ) Document Control Page 48 of 120 On this day of , in the year , before me, allotary Public in and for said state, personally appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. (SEAL) My Commission expires Notary Public in and for said State pill N 2101:u:► :0►1_DOW City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 49 of 120 CERTIFICATE AS TO CORPORATE PRINCIPAL I, certify that I am the Secretary of the corporation named as principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. IV WN Eel .1105 M11010i a 0.10101 DIM, I City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package CITY OF ROSEMEAD Document Control Page 50 of 120 WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 PAYMENT BOND City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 51 of 120 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the WALNUT GROVE AVE RESURFACING PROJECT PHASE U FROM MARSHALL ST. TO GRAND AVE. and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated , (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we the undersigned Contractor, as Principal and a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of PAYMENT BOND - 1 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 52 of 120 the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on , 20 Principal/Contractor By: President Surety By: Attorney -in -Fact PAYMENT BOND - 2 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 53 of 120 STATE OF CALIFORNIA COUNTY OF ) ss. On this day of , in the year , before me, a Notary Public in and for said state, personally appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. (SEAL) My Commission Expires Notary Public in and for said State PAYMENT BOND - 3 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 54 of 120 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PAYMENT BOND - 4 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package CITY OF ROSEMEAD Document Control Page 55 of 120 WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 PART "A" GENERAL PROVISIONS City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 56 of 120 Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2018 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications"), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made a part hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2018 edition, only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans", it shall mean the Standard Specifications for Public Works Construction ("Green Book"), 2018 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS - 1 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 57 of 120 PART 1 - GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 DEFINITIONS Wherever in the Standard Specifications or other Contract Documents the following terms are used, they shall mean the following: Agency - The CITY OF ROSEMEAD Bid Guaranty - As defined in the Standard Specifications. Also referred to as the "Bid Security" in the Contract Documents. Bid Security - The Bid Guaranty, as defined herein. Board - The City Council of the CITY OF ROSEMEAD. City - The CITY OF ROSEMEAD City's Representative - The Engineer, as defined herein. Contract - The written agreement (Contract form) between the City and the Contractor for the complete and adequate completion of the Work for the Project. The Contract consists of the Contract Documents. The documents comprising the Contract are complementary, and each obligation of the Contractor, Subcontractors and material or equipment suppliers in any one document shall be binding as if specified in all. The Contract is intended to include all items required for the proper execution and completion of the Work. Contract Documents - In addition to the documents noted in the definition of Contract Documents in the Standard Specifications, all documents incorporated by reference into the Contract form. Contract Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. It is also sometimes referred to as the "Total Bid Price" in the Contract Documents. Contractor's Representative — Contractor's executive representative who shall be present on the Project Site at all times that any Work is in progress and who shall have the authority to act on behalf of the Contractor for all purposes under the Contract. The Contractor shall designate such representative in writing to the City. The Contractor's Representative shall be available to the City and its agent's at all reasonable times. GENERAL PROVISIONS - 2 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 58 of 120 Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "City's Representative" in the Contract Documents. Liquidated Damages - the amount prescribed in the Contract form, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Contract Documents. Notice to Contractors - Notice Inviting Bids. Project - The total and satisfactory completion of the project noted in the Contract Documents, as well as all related work performed in accordance with the Contract, including but not limited to, any alternates selected by the City. Project Site - All of the property and/or facilities of the City where the Work will be performed pursuant to the Contract, as well as such adjacent lands as may be directly affected by the performance of the Work. Recyclable Waste Materials - Materials removed from the Project site which is required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. Special Provisions - Any provisions which supplement or modify the Standard Specifications, including these General Conditions (Part "A"), the Supplementary General Conditions (Part "B") and the Technical Provisions (Part "C"). Total Bid Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. Also sometimes referred to as the "Contract Price" in the Standard Specifications and other Contract Documents. - END OF SECTION - GENERAL PROVISIONS - 3 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 59 of 120 SECTION 2 SCOPE AND CONTROL OF WORK The project consists of removing and replacing existing AC Pavement, PCC sidewalk, curb and gutter and miscellaneous as indicated on the construction plans., including other incidental and appurtenant work necessary for the proper completion of the project. as indicated in the appendix and other related work as described in the plans and specifications. 2-3 SUBCONTRACTS 2-3.3 Subcontractor Obligations. Section 2-3.3 of the Standard Specifications shall be amended to include the following provisions: "By appropriate written agreement, Contractor shall require each Subcontractor to be bound by all obligations of this Contract. Each subcontract agreement shall preserve and protect the rights of the City. Should any subcontractor fail to perform the Work undertaken by him to the satisfaction of the City, said subcontractor shall be removed immediately from the Project upon request by the City's Representative and shall not again be employed on the Work. The Contractor shall be held liable for the all deficient Subcontractor Work." 2-4 CONTRACT BONDS The following shall be added at the end of Section 2-4 of the Standard Specifications: "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the contract Documents, and shall obtain a written acknowledgment by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the Owner or any of its authorized representatives. If the Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and promptly deliver satisfactory evidence of such increase to the City." "Pursuant to Public Contract Code Section 4108, Contractor shall require all Subcontractors providing labor and materials in excess of the amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in accordance with the same bond requirements applicable to the Contractor, except that the bond amounts shall equal the total amount of their subcontract. The Contractor shall specify this requirement for Subcontractor bonds in his written or published request for Subcontractor bids. Failure to comply with this requirement shall not preclude Contractor from complying with the Subcontractor bonding requirements. The practice of issuing separate purchase orders and/or subcontracts for the purpose of circumventing the Subcontractor bonding requirements shall not serve to exempt the Contractor from these requirements. No payments, except fora reimbursement payment to the Contractor for the cost of the Contractor's own Faithful Performance and Payment bonds, shall be made to the Contractor until the Contractor provides the aforementioned Subcontractor bonds to the Contractor." 2-5 PLANS AND SPECIFICATIONS GENERAL PROVISIONS - 4 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 60 of 120 2-5.1 General. The second full paragraph of Section 2-5.1 of the Standard Specifications shall be amended to include the following at the end of that paragraph: "All Contract Documents are essential parts of the Contract for a given project. Any requirement included in one Contract Document shall be as binding as though included in all, as they are intended to be cooperative and to provide a description of the Work to be done." 2-5.2 Precedence of Contract Documents. The provisions of Section 2-5.2 of the Standard Specifications shall be revised to read as follows: "In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6. General Conditions 7. Standard Specifications 8. Notice Inviting Bids 9. Instructions to Bidders 10. Specifications 11. Plans (Contract Drawings) 12. Standard Plans 13. Reference Documents" "With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings" 2-5.4 Interpretation of the Plans and Specifications. Section 2-5.4 shall be added to the Standard Specifications to read as follows: "Should it appear that the Work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the Plans or in the Specifications, the Contractor shall request the City's Representative for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the Contract, so far as may be consistent with the intent ofthe original Specifications. In the event of doubt or questions relative to the true meaning of the Specifications, reference shall be made to the Engineer, whose decision thereon shall be final." 2-7 SUBSURFACE DATA GENERAL PROVISIONS - 5 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 61 of 120 2-7.1 Limited Reliance by Contractor. Section 2-7.1 shall be added to the Standard Specifications to read as follows: "Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data", the Contractor may not rely upon or make any claim against the Owner, the Engineer, nor any of the Engineer's Consultants with respect to any of the following:" "2-7.1.1. Completeness. The completeness of such reports and drawings for contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto." "2-7.1.2. Other Information. Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings." "2-7.1.3. Interpretation. Any interpretation by the Contractor of such "technical data" or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2-8 RIGHT-OF-WAY. Section 2-8 of the Standard Specifications shall be revised in its entirety to read as follows: "All temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by, paid for and disposed of solely by the Contractor at its own expense. The Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from all claims for damages of any kind arising from or incident to such rights-of-way. Those rights-of-way shown on the Plans will be provided by the City at its expense." 2-9 SURVEYING. 2-9.2 Survey Service. Section 2-9.2 of the Standard Specifications shall be amended to include the following: "All survey monuments, centerline ties and survey reference points will be tied out in advance by the City Land Surveyor. Temporary control shall be protected in place. Any temporary control disturbed by the contractor shall be replaced at the contractor expense and no additional compensation shall be allowed therefore. City Land Surveyor will provide one set of temporary stakes for position of well monuments. Contractor shall install well monuments. Contractor shall coordinate his/her work with the City Land Surveyor for the installation." GENERAL PROVISIONS - 6 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 62 of 120 2-9.4 Line and Grade. Section 2-9.4 of the Standard Specifications shall be amended in its entirety to read as follows: "All Work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross-sections, elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the City's Representative. Failure to make this report shall make the Contractor responsible for any error in the finished Work. Minor deviations from approved Plans, whenever required by the exigencies of construction, shall be determined in all cases by the City's Representative and authorized in writing." 2-10 AUTHORITY OF BOARD AND ENGINEER. The provisions of Section 2-10 of the Standard Specifications shall be revised to read as follows: "Whenever the Contract Documents refer to the Engineer or City's Representative, or provide the Engineer or City's Representative with power to act on behalf of the City, such reference shall necessarily include the City's Representative, or his or her authorized designee." "The City Council shall have the power to award the Contract, and shall generally have the final authority to act in all matters affecting the Project. The City's Representative shall have the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with the instructions of the City's Representative. The decisions of the City's Representative shall be final and binding on all questions as to: (1) the quantity, quality and acceptability of materials and equipment furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) any and all questions which may arise as to the interpretation of the Plans, Specifications, General Conditions, and Special Provisions; (4) the acceptable fulfillment of the Contract on the part of the Contractor; (5) any claims and compensation issues; and (6) his authority to enforce and make effective such decisions and actions as the Contractor fails to carry out promptly." 2-11 INSPECTION. The provisions of Section 2-11 shall be amended to include the following at the end of that Section: "The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's inspection." "When the Work is substantially completed, the Engineer or a representative of the Engineer will make the final inspection." GENERAL PROVISIONS - 7 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 63 of 120 "Whenever the Contractor varies the period during which Work is carried on any day, he shall give adequate notice to the City's Representative so that proper inspection may be provided. Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have previously been inspected, accepted or estimated for payment." "The Contractor shall prosecute work on any State highway or within any railroad right-of-way only in the presence of an inspector representing the State Division of Highways or the railroad company, and any Work done in the absence of such inspectors will be subject to rejection. The Contractor shall make the appropriate notification according to the instructions given on the State Encroachment Permit or railroad permit for all inspections, and shall post all bonds and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor's expense. The Contractor shall pay for all testing and inspections required by a State Encroachment Permit or railroad permit." 2-12 SITE EXAMINATION Section 2-12 shall be added to the Standard Specifications as follows: "The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents." 2-13 FLOW AND ACCEPTANCE OF WATER Section 2-13 shall be added to the Standard Specifications as follows: "Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom." 2-14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. Section 2-14 shall be added to the Standard Specifications as follows: "The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. The Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder except in strict compliance with Section 2-3 of the Standard Specifications and state law. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by force of law, except as otherwise provided in Section 7103.5 of the State of California Public Contract Code, without the prior written approval of the City. Transfers restricted hereunder shall include the GENERAL PROVISIONS - 8 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 64 of 120 transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of the Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, this Contract shall be void. No approved transfer shall release the Contractor or any surety of the Contractor of any liability hereunder without the expressed written consent of the City." - END OF SECTION - GENERAL PROVISIONS - 9 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 65 of 120 SECTION 3 CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The provisions of Section 3-2.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract." 3-2.2 Payment. The provisions of Section 3-2.2 of the Standard Specifications shall be revised to read as follows: "3-2.2.1 Contract Unit Prices. Section 3-2.2.1 shall be amended in its entirety to read as follows:" "3-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work." "3-2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the Owner, payment for the work involved in such excess will be made as provided in Paragraph 3-3.2, as amended in these Special Provisions." "Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer's Estimate of the quantity for such item, and in computing the actual unit costs, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $5,000 at the applicable Contract Unit GENERAL PROVISIONS - 10 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 66 of 120 Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor." "3-2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the engineer, payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner; provided, however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price." "Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity for such item at the original Contract Unit Price." "3-2.2.1(d) Eliminated Items on Unit Price Contracts. On unit price contracts, should any contract item of the work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination." "If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the Owner and the actual cost of any further handling will be paid for by the Owner. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for." "The actual costs or charges to be paid by the Owner to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2, as amended in these General Conditions, or such adjustment as will be as agreed to by the Contractor and the Owner." 3-3 EXTRA WORK GENERAL PROVISIONS - 11 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 67 of 120 3-3.1 General. The provisions of Section 3-3.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "All extra work shall be adjusted daily upon report sheets furnished by the Contractor, prepared by the City's Representative and signed by both parties. The daily report shall be considered thereafter as the true record of extra work done. New and unforeseen work will be classed as extra work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears in the Bid Forms. The Contractor shall not do any extra work, except upon written order from the City's Representative." 3-3.2 Payment. The provisions of Section 3-3.2 of the Standard Specifications shall be amended as follows: 3-3.2.1 General. Section 3-3.2.1 shall be amended to include the following at the beginning of that Section: "Extra work shall be paid for under written work order in accordance with the terms therein provided. Generally, payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the City." 3-3.2.3 Markup. Paragraph (a) of Section 3-3.2.3 (Work by Contractor) shall be amended in its entirety to read as follows: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit. 1) Labor 2) Materials 3) Equipment rental 4) Other items and expenditures 5) Subcontracts (1st tier only) 6) Lower tier subcontractors 24 percent (includes bonding) 15 percent 15 percent 15 percent 5 percent none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding." 3-6 EXISTING CONDITIONS. Section 3-6 shall be added to the Standard Specifications as follows: "Contractor shall have the sole responsibility for satisfying itself concerning the conditions, nature and location of the Project and the Work to be performed, as well as the general and local conditions. Such conditions shall include, but shall not be limited to, local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could in any way affect the Work or the costs thereof. The Contractor is solely GENERAL PROVISIONS - 12 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 68 of 120 responsible for understanding the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. The failure of the Contractor to acquaint himself with all available information regarding any applicable existing or future conditions shall not relieve him from the responsibility for properly estimating either the difficulties, responsibilities, or costs of fully and adequately performing the Work according to the Contract Documents." - END OF SECTION - GENERAL PROVISIONS - 13 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 69 of 120 SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General. Section 4-1.1 of the Standard Specifications shall be amended in its entirety to read as follows: "It is the intent of the City in drafting the Contract Documents to accept only first-class work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal to samples when such samples are required. Used or secondhand materials, parts and equipment may be used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of Work shall be in strict accordance with generally accepted standards. Material, parts, equipment and Work quality shall be subject to the approval of the City's Representative. All materials, parts and equipment used and installed, and all details of the Work done, shall at all times be subject to the supervision, test and approval of the City's Representative. The City's Representative shall have access to the Work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work." "All materials, parts, equipment or Work which are defective in their construction or deficient in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction work. Any Work done beyond the lines shown on the Plans or established by the City's Representative, or any extra work done without written authority, will be considered unauthorized and will not be paid for by the City. Upon Contractor's failure to comply promptly with any order of the City's Representative made under the provisions of this Section, the City's Representative shall have authority to cause such defective or unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the Work is found to be in compliance with these specifications, the City's Representative will furnish the Contractor with a certificate to that effect." 4-1.2 Protection of Work and Materials. The provisions of Section 4-1.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall fully and adequately store and protect all materials, parts and equipment, as required herein. Contractor shall be solely responsible for any and all damages or loss by weather or any other cause to such materials, parts and equipment. The Contractor shall make good any and all damages or loss to materials, parts and equipment." "Until the final written acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its GENERAL PROVISIONS - 14 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 70 of 120 completion and acceptance, and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for all materials and the protection of Work already completed, and shall properly store and protect them, if necessary. Contractor shall provide suitable drainage and erect temporary structures where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of property in materials used after they have been attached or affixed to the Work or the soil upon City real property. All such materials shall, upon being so attached or so affixed, become the property of the City." "Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage valued in excess of five percent (5%) of the Contract Price if such damage was caused by an earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public Contract Code Section 7105. If provided for in the Contract Bid Forms, however, Contractor shall provide insurance to protect against such damages." 4-1.4 Test of Materials. The provisions of Section 4-1.4 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall immediately remove all rejected material from the Work or Site, and shall not again return such material to the Site." 4-1.6 Trade Names or Equals. The second and third paragraphs of Section 4-1.6 of the Standard Specifications shall be amended in their entirety to read as follows: "Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal". A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after award shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal" item shall be not less than 35 nor more than 40 calendar days after award of Contract." "The burden of proof as to the comparative quality and suitability of alternative equipment or materials shall be on the Contractor. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. Such data shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The Contractor shall have the material tested as required by the City's Representative to determine that the quality, strength, physical, chemical or other characteristics, including durability, finish, efficiency, dimensions, service and suitability are such that the item will completely and adequately fulfill its intended function." 4-1.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications as follows: GENERAL PROVISIONS - 15 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 71 of 120 "The Contractor shall place the order(s) for all long -lead supplies, materials, and equipment, for any traffic signing, striping, legends and traffic control facilities within 3 working days after the award of Contract by the Owner. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within 15 working days from the date of said award of Contract." 4-1.10 Removal of Interfering Obstructions. Section 4-1.10 shall be added to the Standard Specifications to read as follows: "The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work." 4-1.11 Procedure in Case of Damage to Public Property. Section 4-l.l 1 shall be added to the Standard Specifications to read as follows: "Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at his own cost, free of all charges to the City. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid Forms and Specifications and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during his operations), shall be paid to the Contractor at the unit prices submitted in his Bid." 4-1.12 Diversion of Recyclable Waste Materials. Section 4-1.12 shall be added to the Standard Specifications to read as follows: "In support of the Owner's waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials, as defined in the Contract Documents, to appropriate recycling centers rather than area landfills. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by Owner to document Contractor's compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor." - END OF SECTION - GENERAL PROVISIONS - 16 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 72 of 120 SECTION 5 UTILITIES 5-1 LOCATION The provisions of Section 5-1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work." "The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work." "The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the Owner. The Contractor shall verify these locations." 5-2 PROTECTION The provisions of Section 5-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to grade by the Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before commencing the Work." "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing." "The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price." "During construction of the Work, some of the existing utilities may fall within the prism of trenches. if the existing utility does fall within the contractor=s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner's requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities." 5-5 DELAYS GENERAL PROVISIONS - 17 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 73 of 120 The provisions of Section 5-5 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary, the provisions of Articles 1 and 2 of the California Government Code (Sections 4215 and 4216) are incorporated by reference as if fully set forth herein. In the event of any conflict between the Standard Specifications and Government Code Sections 4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall prevail. Contractor should pay particular attention to the provisions of Section 4215 with regards to the relocation of utilities, the costs thereof, delays caused thereby and the indication of service laterals and appurtenances." "The right is reserved to the owners of public utilities or franchises to enter upon the streets for the purpose of making repairs or changes in their property which may be necessary as a result of the Work. Employees of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements." "Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison's secondary, primary and transition facilities. The term "qualified person" shall mean one who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by all Subcontractors." - END OF SECTION - GENERAL PROVISIONS - 18 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 74 of 120 SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The second paragraph of Section 6-1 of the Standard Specifications shall be amended in its entirety to read as follows: "After the Contract has been approved by the Owner, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. The Work shall be diligently prosecuted to completion before the expiration of the time indicated in the Bid Documents and Contract Form, plus any duly authorized extensions thereof." The provisions of Section 6-1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary herein, the Contractor's proposed construction schedule shall include the expected start and completion dates for all portions of the contract Work. During a scheduling conference between the Contractor and the City's Representative, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to delay temporarily the construction schedule agreed upon during the scheduling conference, every effort will be made to permit a new construction schedule at the time most convenient to the Contractor, thus permitting the Project to proceed with the shortest intramural movement of the equipment. The Contractor shall notify the City's Representative in all such cases in order to arrive at a mutually satisfactory schedule." "Contractor's construction schedule shall be in a form provided for in the Specifications. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Owner whenever specifically requested to do so by Owner and with each periodic payment request. Failure to submit an updated and accurate construction schedule shall render Contractor in breach of the Contract and shall entitle Owner to withhold money therefor." 6-3 SUSPENSION OF WORK. 6-3.1 General. The provisions of Section 6-3.1 of the Standard Specifications shall be amended to add the following at the end of that Section: "The situations which will be deemed to be in the City's interest to suspend the Work shall include, but shall not be limited to, the following: (1) unsuitable weather or such other conditions that render the proper prosecution of the Work impracticable or inefficient; or (2) when the Contractor or his workmen fail or refuse to carry out orders or to perform any or all of the requirements of the Contract; (3) when the Contractor fails or refuses to supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest or labor shortages of any kind); (4) when the Contractor fails or refuses to begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5) when the GENERAL PROVISIONS - 19 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 75 of 120 Contractor fails or refuses to commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (6) when the Contractor fails or refuses to maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (7) when the Contractor fails or refuses to execute the Work in a manner and at such locations as specified in the Contract Documents; (8) when the Contractor fails or refuses to maintain a Work program which will insure the Agency's interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract; or (10) when the Contractor fails or refuses in any other respect to prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contract. The Contractor shall immediately comply with any written order from the City's Representative and shall not resume operations until so ordered in writing." 6-4 DEFAULT BY CONTRACTOR. The first, second and third full paragraphs of Section 6-4 of the Standard Specifications shall be amended to read as follows: "If the Contractor should be in violation of the Contract, then the City may, without prejudice to any other right or remedy and after giving notice as specified herein, terminate the Contract and take all actions provided for herein and elsewhere in the Contract Documents. By way of example and not as a limitation upon its right to terminate the Contract as provided herein, the City may terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1) begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2) commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3) maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the Contract Documents; (5) maintain a Work program which will insure the Agency's interest; (6) carry out the intent of the Contract; (7) supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other respect prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contact." "If the City determines that sufficient grounds exist to terminate the Contract as provided herein, the City's Representative shall provide written notice to the Contractor and its surety on its performance bond. If the Contractor or its surety does not fully comply with such notice within five (5) days after receiving it, or fails to continue after starting to comply in good faith, the City may exclude the Contractor and its employees and Subcontractors from the Work, or any portion thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of every description as may be found at the place of such Work. Thereupon, the Contractor and its employees and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. In such accounting, GENERAL PROVISIONS - 20 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 76 of 120 the City shall not be held to obtain the lowest figure for the Work for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a sum which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall exceed the amount payable under the Contract, then the Contractor shall pay the amount of the excess to the City upon completion of the Work without further demand being made therefore. In the determination of the question as to whether or not there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the Contract." 6-8 COMPLETION AND ACCEPTANCE. Section 6-8 of the Standard Specifications shall be amended in its entirety as follows: "The Work will be inspected for acceptance by the City's Representative upon receipt of the Contractor's written assertion that the Work has been completed. If, in the sole discretion of the City's Representative, the Work has been completed and is ready for acceptance, the City's Representative will notify the City Clerk that the Contract has been completed in its entirety. The City's Representative shall request that the City accept the Work and that the City Cleric be authorized to file on behalf of the City in the office of the Los Angeles County Recorder, allotice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work." "The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City's Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof." "The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of One Hundred Percent (100%) of the Contract. Said bond shall remain in force for a period of one (1) year after the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1) year period." "The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or GENERAL PROVISIONS - 21 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 77 of 120 improper materials. Further, the certificate of final payment shall not terminate the Contractor's obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof." 6-9 LIQUIDATED DAMAGES. Section 6-9 of the Standard Specifications shall be amended in its entirety to read as follows: "Contractor agrees that if the Work is not completed within the Contract Time and/or pursuant to any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the District will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the District as fixed and liquidated damages the sum specified in the Contract form for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. Liquidated damages may be deducted from any payments or other funds owing to Contractor, including progress payments, the final payment and retentions." 6-11 TIMES OF OPERATION Section 6-11 shall be added to the Standard Specifications to read as follows: "It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no work allowed on Owner -observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools" -END OF SECTION - GENERAL PROVISIONS - 22 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 78 of 120 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-2 LABOR. 7-2.2 Laws. "The Contractor, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding anything to the contrary contained in the Contract Documents, Contractor shall comply with the following:" "7-2.2.1 Social Security Requirements. Contractor shall furnish to the City satisfactory evidence that he and all of his Subcontractors are complying with all laws, rules and regulations with respect to Social Security. The Contractor, at any time upon request, shall satisfy the City that all necessary Social Security and other taxes are being properly reported and paid." "7-2.2.3 Eight Hour Work Day. Contractor and all Subcontractors shall be required to comply with the provisions of California Labor Code Section 1810 et seq. According to those sections, eight (8) hours of labor shall constitute a legal day's work. Contractor shall pay to the City a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor, or by any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day or forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker." "7-2.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Contractors shall meet the California Contractor's license requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 ofthe Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract." "7-2.2.5 Non -Discrimination. Contractor shall not discriminate in the employment of persons upon the Contract because of the race, creed, color, national origin, ancestry, non - disqualifying disability, age, medical condition, marital status, sex or other classifications of such persons protected by federal, state and local laws, rules and regulations. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall cause an identical clause to be included in every subcontract for the contract work." "7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the GENERAL PROVISIONS - 23 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 79 of 120 California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with law. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids." 7-3 PERMITS. Section 7-5 of the Standard Specifications shall be amended in its entirety to read as follows: "Unless indicated to the contrary in the Contract Documents, including the Special Provisions, Contractor shall procure all permits and licenses (including a City business license), pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work." 7-8 PROJECT SITE MAINTENANCE. 7-8.2 Air Pollution Control. The provisions of Section 7-8.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements." 7-8.6 Water Pollution Control. The provisions of Section 7-8.6 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with the provisions of the Federal Clean Water Act as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts 122-124, the Porter -Cologne Act (California Water Code) and the Waste Discharge Requirements for Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best Management Practices (BMPs) are listed in the California Storm Water Best Management Practices Handbook for Construction Activities." WATER POLLUTION CONTROL A. Water Quality Protection Requirements For Construction Projects With Less than 1 - Acre Of Disturbed Soil All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) GENERAL PROVISIONS - 24 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 80 of 120 to meet the minimum water quality protection requirements as defined in Table 2-1. Table 2-1 Minimum Water Quality Protection Requirements for Construction Projects Category Minimum Requirements BMPs 1. Sediment Sediments generated on the project site shall be retained Sediment Control using adequate Treatment Control or Structural BMPs. Control 2.Construction Construction -related materials, wastes, spills or residues Site Materials shall be retained at the project site to avoid discharge to Management; Control streets, drainage facilities, receiving waters, or adjacent Material and properties by wind or runoff. Waste Non -storm water runoff from equipment and vehicle Management washing and any other activity shall be contained at the project sites. 3. Erosion Erosion from slopes and channels shall be controlled by Erosion Control implementing an effective combination of BMPs, such as Control the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Please refer to the California Stormwater Quality Association's Construction Handbook available for free on their website (www.cabmphandbooks.com — Construction Handbook) for further information regarding the BMPs listed in Table 2-1. B. Water Quality Protection Requirements For Construction Projects With 1 -Acre (or greater) Of Disturbed Soil In addition to the minimum BMPs required in Section A, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted to the City for all construction projects where at least 1 -Acre of soil will be disturbed. The SWPPP will include strategies for reducing runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP may also be required for projects smaller than 1 -Acre if the City designates the project a threat to water quality objectives. In addition, the contractor must contact the Los Angeles Regional Water Quality Control Board (LARWQCB) if the project will disturb 1 -Acre or more of soil. Construction activities can not begin until a Waste discharger Identification ("ID) Number is issued by the State Water Board. The 1 -Acre threshold includes the total amount of land disturbance. For example, if four streets, each 1/4 -acre in size in different parts of the City are to be reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI) GENERAL PROVISIONS - 25 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 81 of 120 you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 4t'. Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576-6600; Fax: (213) 576-6640 Internet Address: http://www.swreb.ca.gov/—rwgcb4 The SWPPP shall include: • The name, location, period of construction, and a brief description of the project; • Contact information for the owner and contractor; • The building permit number for the project; • The grading permit number for the project (where applicable) • A list of major construction materials, wastes, and activities at the project site; • A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; • A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; • Non -storm water discharges, their locations, and the BMPs necessary to prevent the discharge; • A maintenance and self -inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and • A certification statement that all required and selected BMPs will be effectively implemented. Within 7 days after the City has certified the contract, the Contractor shall submit two 2 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re -submit the document within 7 days of their receipt of the City's comments. The City shall then have 7 days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. C. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The GENERAL PROVISIONS - 26 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 82 of 120 Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and construction operations: 1. Construction Practices (NS2, NS3, NS4, and NS6) 2. Material and Waste Management (WMO1, WM02, and WM04) 3. Vehicle and Equipment Management (NS8, NS9, and NS 10) 4. Physical Stabilization (EC7, EC12, NS4, TCI, and TC2) 5. Sediment Control Practices (SE1, SE9, SE8, SE10, SE3, and SE2) Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association P.O. Box 2313 Livermore, CA 94551 www.cabmphandbooks.com D. Implementation Los Angeles County DPW Cashier's Office 900 South Fremont Avenue Alhambra, CA 91803 Tel. No. (626) 458-6959 The Contractor will be responsible throughout the duration of the project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor's activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil -disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil -disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this section, "Water Pollution Control". Unless otherwise directed by the City, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work. E. Sewage Spill Prevention GENERAL PROVISIONS - 27 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 83 of 120 The Contractor's attention is directed to the sewer bypass operation required during any sewer construction (Standard Specification for Public Works Construction Section 500.1.2.4). The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor's expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. F. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to the following two (2) City Departments: Public Works/ Engineering (626) 569-2150 Public Safety Department (626) 569-2292 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors, to be reached during emergency and off -hours. The City will notify the following: Los Angeles County Department of Health Services (213) 974-1234 Los Angeles County Department of Public Works (800) 303-0003 Regional Water Quality Control Board (213) 576-6665 or 6600 State Office of Emergency Services (800) 852-7550 (For any significant volume of material that entered the storm drain or receiving water) G. Sewage Spill Written Notification The Contractor shall prepare and submit a written report within three (3) working days from the occurrence of a spill to the City, (Attention: Project Manager). This report shall describe the following information related to the spill: 1. The exact location on the Thomas Guide map 2. The nature and volume The date, time and duration 4. The cause GENERAL PROVISIONS - 28 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 84 of 120 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring H. Enforcement The City, as a permittee, is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall be responsible for all costs and liabilities imposed by law as result of the Contractor's failure to comply and/or fulfill the requirements set forth in Section 7.09 - "Water Pollution Control". The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. I. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. J. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefore. 7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added to the Standard Specifications to read as follows: "The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor." GENERAL PROVISIONS - 29 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 85 of 120 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.4 Safety. 7-10.4.1 Safety Orders. Section 7-10.4.1 shall be amended to add the following to the beginning of the first full paragraph: "In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property in performance of the Work. This requirement shall apply continuously and shall not be limited to normal working hours. The Contractor's duty to preserve safety shall include, but shall not be limited to, the erection and maintenance of temporary fences, bridges, railings and barriers; the placement of guards; maintenance and operation of sufficient lights and signals; and all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the City's Representative or other City employee or agent to give general engineering supervision of the Contractor's performance is not intended to include the review of the adequacy of the Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and complete responsibility for safety conditions on the Site." Section 7-10.4.1 shall be amended also to add the following to the beginning of the second full paragraph: "Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705, regarding sheeting, shoring and bracing." 7-10.4.3 Special Hazardous Substances and Processes. Section 7-10.4.3 shall be amended to add the following to the end of that Section: "As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute." 7-11 PATENT FEES OR ROYALTIES. Section 7-11 of the Standard Specifications shall be amended in its entirety to read as follows: GENERAL PROVISIONS - 30 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 86 of 120 "The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use." 7-13 LAWS TO BE OBSERVED. Section 7-13 of the Standard Specifications shall be revised in its entirety to read as follows: "The Contractor shall keep itself fully informed of all existing and future State, Federal and local laws, rules and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with all such existing and future laws, rules, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall defend, indemnify and hold harmless, at least to the extent of the indemnification provisions of this Agreement, the Owner and its officials, officers, employees, volunteers and agents, including, but not limited to, the Director of Public Works and the Owner Engineer, against any claim or liability arising from, or based on, the violation or alleged violation of any such law, rule, ordinance, regulation, order, or decree, whether by itself or its employees. The Contractor shall particularly observe all laws, rules and regulations relating to the obstruction of streets or the conduct of the Work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic. The Contractor shall at all times comply with such laws, rules and regulations. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, rule, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing." 7-15 INDEMNIFICATION. Section 7-15 shall be added to the Standard Specifications as follows: "Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with Counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, volunteers or agents. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, volunteers or agents, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its GENERAL PROVISIONS - 31 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 87 of 120 officials, officers, employees, volunteers or agents for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782." 7-16 CONCRETE FORMS, FALSEWORK AND SHORING. Section 7-16 shall be added to the Standard Specifications as follows: "Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents." - END OF SECTION - GENERAL PROVISIONS - 32 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 88 of 120 SECTION 9 MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK. Section 9-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and which shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre -construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor." 9-3 PAYMENT. 9-3.1 Payment. The last paragraph of Section 9-3.1 of the Standard Specifications shall be deleted and replaced with the following two paragraphs: "Contractor shall submit, with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. Following the City's acceptance of the Work as fully complete, the Contractor shall submit to the City for approval a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City's Representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which, in the City Representative's opinion, shall be just and fair, covering the amount and value of the total amount of Work done by the Contractor, less previous payments, applicable withholdings and retentions." "All retention proceeds shall be released and paid in strict accordance with Public Contract Sections 7107 and 7201." Section 9-3.1 of the Standard Specifications shall be amended to also add the following at the end of that Section: "Payment for the various items on the Contract Bid Forms, as further specified in the Contract, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of Work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these General Conditions, and as shown on the Drawings, including all appurtenances thereto. Compensation shall include all costs of compliance with the regulations of public agencies having jurisdiction over the Work, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA)." "No separate payment will be made for any item that is not specifically set forth in the Contract Bid Forms, and all costs therefor shall be included in the prices named in the Contract Bid GENERAL PROVISIONS - 33 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 89 of 120 Forms for the various appurtenant items of work." 9-3.2 Partial and Final Payments. Section 9-3.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "For purposes of this Section, the monthly payment date shall be the last calendar day of each month. In order for the City to consider and prepare for each monthly payment, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (I Oth) day of the following month. The City shall review and make payment on all approved charges within the time required by Public Contract Code Sections 20104.5 et seq." "Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the Owner to the Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of liquidated damages." "Subject to the provisions of Section 22300 of the California Public Contract Code, a 5 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the Owner for payment. All billings shall be directed to the Engineer." "Pursuant to Section 22300 of the California Public Contract Code, In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City." "The Contractor shall submit with each invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen." - END OF SECTION GENERAL PROVISIONS - 34 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package CITY OF ROSEMEAD Document Control Page 90 of 120 WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 PART "B" SUPPLEMENTAL GENERAL CONDITIONS City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 91 of 120 STORM WATER CATCH BASIN CPS UNIT UPGRADE PROJECT PROJECT No. 49011 SUPPLEMENTARY GENERAL CONDITIONS 10-1 GENERAL 10-1.1 Description of Work The project consists of removing and replacing existing AC Pavement, PCC sidewalk, curb and gutter and miscellaneous as indicated on the construction plans., including other incidental and appurtenant work necessary for the proper completion of the project. 10-1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis for the compilation of bids, and the City of Rosemead does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. In such case the contract unit price shall prevail subject to the requirements of Subsection 3- 2.2.1 of the Standard Specifications. All work incidental to this project, as described on the drawings and/or this specification shall be considered as included within the scope of the work. The bid prices submitted by the contractor shall include the cost of said incidentals, even though such incidentals are not specifically mentioned in the preceding description of work to be done or in the proposal form. 10-1.3 Equals - Whenever the names of specific products are designated in the details appearing on the drawings or in the specifications, the intent is to state the general type and quality of the products desired, without the intention of ruling out the use of other products of equal type and quality. If the successful contractor wishes to make substitutions of the products specified, he must make an application in writing to the Engineer prior to the acceptance and installation into the project with a complete description of the alternate products and a statement with regard to the saving to the owner, if any, in case the substitution would be permitted. The Engineer will have the right to make the final decision in these cases and to insist on use of particular brands of products shown on the drawings or in the specifications, if, in his opinion, such brands will be preferable to the Engineer, in lieu of the requested substitutions. 10-1.4 Installation of Equipment - All materials and workmanship shall be in accordance with the manufacturer's specifications and instructions. SUPPLEMENTARY GCs -1 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 92 of 120 10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard Specifications with the following special conditions: a. Beginning and Completion of Work: The contract time allowed for completion of the project is THIRTY (30) working days. Work on this project shall commence no later than ten (10) days from the date of Notice to Proceed. b. The contractor shall submit to the Engineer a time schedule of work for the various sequences of the major operations. Said schedule shall be submitted at least 5 working days prior to the beginning of work and shall be subject to the approval of the Engineer. C. Working hours on this project shall be limited to 7:00 a.m. to 5:00 p.m. with no work on Saturdays, Sundays, Holidays, and alternate Fridays in which City Hall is closed. Except when authorized by the Director of Public Works or City Engineer. d. Inspection: The City shall provide inspection for an 8 -hour day for normal working days. The City will deduct from the contractor's invoice an amount equal to $120 per hour for inspection in excess of the foregoing, including legal holidays, City Hall closed Fridays, and weekends. Weight master certificates are source documents and it is the contractor's responsibility to collect the material tickets from the drivers at the delivery point, sign and date them and submit to the City Inspector. f. Contractor shall notify all property owners within the project limits of all activities; written notification shall be delivered to properties at least forty-eight (48) hours in advance of any activity. g. The contractor and all subcontractors shall attend a pre -construction meeting at the time, date, and place determined by the City. h. The contractor and all subcontractors shall obtain a Rosemead Business License prior to the start of work. 10-3 STANDARD SPECIFICATIONS The work embraced herein shall be done in accordance with the "Standard Specifications for Public Works Construction (Greenbook)," latest edition, including all supplements, and applicable provisions of Caltrans Standard Specifications, latest edition. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SUPPLEMENTARY GCs -2 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 93 of 120 10-4 CONSTRUCTION YARD It shall be the contractor's responsibility to locate any storage sites for materials and equipment needed, and such sites must be approved in advance by the City Engineer. When storage sites are located on private properties, the contractor shall be required to submit to the City Engineer written approval from the record owner authorizing the use of his property by the contractor, and contractor shall bear all the cost involved, and provide necessary insurance requirements. If contractor chose one of the City owned. The contractor accepts sole liability for the yard during the time, which it is occupied. The contractor agrees to indemnify and hold harmless the City and ARA during the period which the contractor occupies the site. The yard shall be fenced with City - approved temporary chain link fence and gate(s). The yard shall be secured at all times. The Contractor shall be responsible for required utilities, if available. The Contractor shall store all materials in a manner, which complies with manufacturer's recommendations and/or legal requirements. The yard shall be maintained in a manner consistent with surrounding properties. After the project is constructed, the Contractor shall move off of the yard and return the yard to a condition similar to before he moved on the yard. In order to assure these requirements are met, the Contractor shall have an independently prepared environmental report prepared prior to Contractor mobilization and after final cleanup. Contractor and all subcontractors shall not be permitted to place any signage or advertising signs on the site unless city's written approval is obtained. 10-5 UTILITIES The contractor will obtain the locations of underground facilities from the utility companies at least twenty-four (24) hours prior to commencing construction in such areas. At all time the contractor shall be responsible for the protection of such facilities and shall be held liable for damage to utilities during construction. The contractor is responsible to call Underground Service Alert at (800) 422-4133 at least 72 hours prior to commencing any work. 10-6 CONSTRUCTION WATER It shall be the responsibility of the contractor to furnish an adequate supply of water for construction use. 10-7 AIR AND WATER POLLUTION SUPPLEMENTARY GCs -3 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 94 of 120 The Contractor shall be required to conform to all current regulations of the South Coast Air Quality Management District. The Contractor shall also conform to Section 402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of municipal, industrial and construction stormwater discharges under the National Pollutant Discharge Elimination System (NPDES) program. 10-8 HAZARDOUS MATERIAL NOTIFICATION A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all hazardous materials which are brought on site by the Contractor. A MSDS is required for any product which may contain hazardous materials. The contractor must alert the City Engineer of the quantity and type of hazardous material which will be brought on site. The MSDS sheets must be submitted to the City Engineer at least two (2) business days prior to starting work. The City Engineer may require the City Safety Officer or his designee to review the MSDS for approval of use. The contractor shall be responsible for notifying Underground Service Alert (800) 422- 4133 and all utility companies having substructures within the limits of the job. This shall be done at least 72 hours prior to commencing construction. 10-9 PUBLIC CONVENIENCE AND SAFETY The contractor shall conduct his operations to comply with the provisions of section 7-10 of the Standard Specifications. Traffic Control shall comply with the Work Area Traffic Control Handbook of the American Public Works Association (WATCH Manual), latest edition. After award of the contract, the contractor shall submit to the Engineer his proposed schedules for lane closing and his methods of traffic control to comply with the requirements specified herein below. This submittal shall be made sufficiently in advance of any rerouting or diversion of traffic by the contractor to allow fora review of the contractor's proposed traffic control. Any shifting of traffic from one lane to another which is necessary in order to maintain the required number of lanes, shall be directed in such a manner that traffic may move smoothly across the work without any sudden changes from one lane to another. Toward this end the minimum taper allowed for detouring the traffic from one lane to another shall be 20:1. The contractor shall provide, throughout the period of construction, all signs which may be deemed necessary for the safe and orderly conduct of vehicular traffic as directed by the Engineer. All barricades used as warning and guiding devices shall bear the name of the contractor in legible letters. Flashing arrow board(s) shall be required throughout the construction period. Traffic lanes shall have a minimum width of twelve (12) feet and minimum clearance of two (2) feet from curbs, poles and similar obstructions, and two (2) feet from any SUPPLEMENTARY GCs -4 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 95 of 120 excavation, unless otherwise specified. One lane each direction shall be maintained at all times. Transitions of differential road surfaces shall be maintained according to SSPWC sect. Spillage resulting from hauling operations along any public traveled way shall be removed immediately by the contractor. Traffic shall not be allowed on the street until the initial sweeping is complete. Contractor shall provide access to the existing driveways at all times. Contractor will close only one driveway at any time to properties having more than one driveway. 10-10 PAYMENT Payment shall be made in accordance with Section 9 of the Standard Specifications. Payment will be made at the lump sum prices or unit prices as stipulated in the Bid Proposal and will include full compensation for furnishing all labor materials, tools and equipment and doing all the work involved in completion of the bid items. S % retention will be paid 35 days after Notice of Completion was recorded. 10-11 SURVEY MONUMENTS See Section 2-9 Surveying of the General Provisions Page — 7. 10-12 CLEAN-UP Upon completion of the work and before the final estimate is submitted, the Contractor shall, at his own expense, remove from the vicinity of the work all plant, buildings, rubbish, unused materials, concrete forms and other materials or equipment belonging to or used by him or any subcontractor on the work. In the event of failure to so remove, the same may be removed and disposed of by the City at the Contractor's expense. 10-13 GUARANTEE The contractor hereby guarantees for a period of one year that the entire work constructed by him under this contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished by him. The contractor hereby agrees to make at his own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by him that becomes evident within the time specified after filing of the Notice of Completion of the work by the Engineer, and to restore to full compliance with the requirements of these specifications, including the test requirements set forth herein for any part of the work constructed hereunder, which during said period is found to be deficient with respect to any provision of the specifications. The contractor also agrees to defend, indemnify and hold the Owner, its officers and employees, harmless from claims of any kind arising from damage due to said defects. The contractor shall make all repairs and replacements promptly upon receipt of written SUPPLEMENTARY GCs -5 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 96 of 120 orders for same from the Engineer. If the contractor fails to make the repairs and replacements promptly, the owner may doe the work and the contractor and his surety shall be liable to the owner for the cost thereof. Upon termination of the Contractor's guarantee any manufacturers' guarantees held by him shall be delivered to the owner. The guarantees and agreements set forth in Subsection (a) hereof shall be secured by a surety bond which shall be delivered by the Contractor to the Owner before the notice of completion shall be filed by the Development Services Director. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the owner, in the amount often percent (10%) of the contract price. Said bond shall remain in force for a period of one year from the date of filing of the Notice of Completion. Instead of providing a surety bond, the contractor may, at his option, provide for the Faithful Performance Bond furnished under the contract to remain in force for said amount until the expiration of the required period. 10-14 SANITATION All portions of the work shall be maintained at all times in sanitary condition. The contractor shall provide adequate toilet facilities for all workmen and representatives of the owner employed on the work. Such facilities shall be subject to the acceptance of the owner as to location and type. The contractor shall maintain the same in sanitary condition from the beginning of the work until completion and then shall remove the facilities and disinfect the premises if necessary. The contractor shall be responsible for alleviating all dust and nuisance conditions occasioned by his work. Each day, at the completion of the day's work, the entire trench area and adjacent streets shall be swept and cleaned to the satisfaction of the City Engineer or his appointed representative. The contractor shall cover all storm drain catch basins during excavation and sweeping operations to prevent excavated materials from entering the catch basins. 10-15 SITE MAINTENANCE 1.01 General. The Contractor shall maintain the construction site in a neat and orderly condition, free from trash and waste construction materials at all times. Unattended construction materials, equipment, and trash shall be left in a manner to not constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The Contractor shall provide proper barricades with flashing lights properly working and temporary fencing to insure a safe construction site. The Contractor shall maintain the SUPPLEMENTARY GCs -6 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 97 of 120 work site in a manner that assures adequate access to workers and other authorized personnel. The Contractor shall provide proper traffic control in all construction areas. 1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to abate undue dust. Application of water for dust control shall be under the control of the Engineer and shall be applied in the amounts and at locations designated by the Engineer or other City Representatives. 1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm or other water from flowing uninterrupted along the existing street drainage courses. Diversion of water for short reaches to protect construction may be permitted if public or private properties are not threatened with damage. Should such diversions be necessary, the Contractor shall obtain written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside rights-of-way or normal drainage courses. 1.04 Protection of Existing Improvements. Construction operations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor shall work around all existing utility facilities. During construction the Contractor shall cooperate with the owners of any utility that has manholes, vaults, valve covers or any other facilities within the construction area. These facilities shall be completely protected by the Contractor. The Contractor shall exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless otherwise specified, all costs for protection of existing improvements shall be absorbed in the various items of work and no separate payment shall be made for them. 1.05 Restoration of Existing Improvements. All existing improvements removed or damaged during construction shall be reconstructed in accordance with the applicable provisions of the Standard Specifications for Public Works Construction, 2012 Edition, (hereinafter referred to as the Standard Specifications). The Contractor shall replace or restore existing improvements to their original condition to the satisfaction of the Engineer at no expense to the City. 1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste material shall become the property of the Contractor and shall be disposed of by the Contractor outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. 1.07 Final Clean Up. After completion of all other work required under the contract, the Contractor shall, at no expense to the City, clean up the work site including any and all properties used by the Contractor during construction to the satisfaction of the Engineer. The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or SUPPLEMENTARY GCs -7 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 98 of 120 nature which has been moved, damaged or altered in any way by the Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing asphalt pavement or concrete pavement during paving operations. The Contractor shall slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive) all asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on the concrete pavement, Contractor shall sand blast the affected area to its original condition and to the satisfaction of the Engineer or City Representatives at no additional cost. Any and all of these requirements shall be at the Contractor's expense. 1.08 Payment. No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. 10-16 CLEARING AND GRUBBING 2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and Grubbing" of the Standard Specifications. In addition, the following items of work are included under Clearing and Grubbing, unless otherwise covered by specific bid items: A. Maintaining dust control at all times by watering and sweeping. B. Providing traffic control and maintaining access, security and safety including all signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in these specifications. C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures. D. Removing, storing, and replacing removable and portable items and their safe handling and keeping. E. Providing temporary pumps, conduits, and any other necessary means to convey waste waters in order to bypass the construction as needed and as approved by the Engineer. F. Saw cutting Portland cement concrete and asphalt concrete pavement for construction of smooth and straight joins. G. Providing shoring, sheeting, bracing, etc. for excavations. H. Removing, relocating and replacing all sprinkler lines, heads, valves, and other landscaping items interfering with the construction of improvements. SUPPLEMENTARY GCs -8 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 99 of 120 I. Removing and disposing of all existing improvements interfering with the construction of new improvements and/or as required elsewhere in these specifications and not included in other bid items. J. Restoring landscaping or any other miscellaneous improvements damaged during construction. K. Removing, replacing, backfilling, and compacting miscellaneous earthwork resulting from removing existing improvements that are not replaced and where excavations were made for concrete forming. L. Backfilling areas with clean topsoil; grading to join elevation of newly constructed curb, sidewalk, and driveway approach; and seeding, watering, and caring for rye grass or approved equal by the Engineer until the grass is established. M. Providing all necessary means to prevent tracking of asphalt oil on existing or new asphalt pavement including a water truck during the paving operation and for restoring areas where asphalt oil was spilled. N. Coordinating the construction with all utility companies. O. Obtaining permit from the appropriate water company for connection to fresh water source and delivering water to the point of use and assuming payment of all fees and payment for water used. 2.02 Payment. Payment for Clearing and Grubbing shall be included in the lump sum price under Bid Item No. 1. Payment of the lump sum price bid shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in Clearing and Grubbing as specified above and as directed by the Engineer. 10-17 CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT OF THE PROJECT 3.01 General. Due to the nature of this project involving some inconveniences, the Contractor shall respond to all complaints associated with the project that include any alleged damage to private property and/or vehicles, within 24 hours of notification. Failure to comply with this provision will result in an additional penalty of $50.00 per occurrence. The City reserves the right, after 24 hours of notification, to respond to the complaint and repair the alleged damage. The Contractor shall reimburse the City for all costs involved in addressing the complaint, including any administrative costs incurred by the City. 3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute notices informing those affected that construction will be performed in proximity to their property. The notice shall be distributed not less than 48 hours before commencement of work. The Contractor shall provide a sample notification to the Engineer for approval. SUPPLEMENTARY GCs -9 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 100 of 120 3.03 "NO PARKING" Signs. The Contractor shall post temporary "NO PARKING" signs at no cost to the City. The "NO PARKING" signs will be in place not less than 48 hours prior to performing the work. 3.04 Payment. No separate payment will be made for Contractor's Responsibilities Before Commencement of the Project. All costs for furnishing all labor, materials, tools, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. SUPPLEMENTARY GCs -10 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package CITY OF ROSEMEAD WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE PROJECT No. 21028 PART "C" TECHNICAL PROVISIONS Document Control Page 101 of 120 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO GRAND AVE. PROJECT No. 21028 TECHNICAL PROVISIONS SECTION 1 - SITE MAINTENANCE Document Control Page 102 of 120 1.01 General. The Contractor shall maintain the construction site in a neat and orderly condition, free from trash and waste construction materials at all times. Unattended construction materials, equipment, and trash shall be left in a manner to not constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The Contractor shall provide proper barricades with flashing lights properly working and temporary fencing to insure a safe construction site. The Contractor shall maintain the work site in a manner that assures adequate access to workers and other authorized personnel. The Contractor shall provide proper traffic control in all construction areas. 1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to abate undue dust. Application of water for dust control shall be under the control of the Engineer and shall be applied in the amounts and at locations designated by the Engineer or other City Representatives. 1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm or other water from flowing uninterrupted along the existing street drainage courses. Diversion of water for short reaches to protect construction may be permitted if public or private properties are not threatened with damage. Should such diversions be necessary, the Contractor shall obtain written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside rights-of-way or normal drainage courses. 1.04 Protection of Existing Improvements. Construction operations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor shall work around all existing utility facilities. During construction the Contractor shall cooperate with the owners of any utility that has manholes, vaults, valve covers or any other facilities within the construction area. These facilities shall be completely protected by the Contractor. The Contractor shall exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless otherwise specified, all costs for protection of existing improvements shall be absorbed in the various items of work and no separate payment shall be made for them. TECHNICAL PROVISIONS TP -1 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 103 of 120 1.05 Restoration of Existing Improvements. All existing improvements removed or damaged during construction shall be reconstructed in accordance with the applicable provisions of the Standard Specifications for Public Works Construction, 2012 Edition, (hereinafter referred to as the Standard Specifications). The Contractor shall replace or restore existing improvements to their original condition to the satisfaction of the Engineer at no expense to the City. 1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste material shall become the property of the Contractor and shall be disposed of by the Contractor outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. 1.07 Final Clean Up. After completion of all other work required under the contract, the Contractor shall, at no expense to the City, clean up the work site including any and all properties used by the Contractor during construction to the satisfaction of the Engineer. The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or nature which has been moved, damaged or altered in any way by the Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing asphalt pavement or concrete pavement during paving operations. The Contractor shall slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive) all asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on the concrete pavement Contractor shall sand blast the affected area to its original condition and to the satisfaction of the Engineer or City Representatives at no additional cost. Any and all of these requirements shall be at the Contractor's expense. 1.08 Payment. No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. SECTION 2 - CLEARING AND GRUBBING 2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and Grubbing" of the Standard Specifications. In addition, the following items of work are included under Clearing and Grubbing, unless otherwise covered by specific bid items: A. Maintaining dust control at all times by watering and sweeping. B. Providing traffic control and maintaining access, security and safety including all signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in these specifications. C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures. TECHNICAL PROVISIONS TP -2 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 104 of 120 D. Removing, storing, and replacing removable and portable items and their safe handling and keeping. E. Providing temporary pumps, conduits, and any other necessary means to convey waste waters in order to bypass the construction as needed and as approved by the Engineer. F. Saw cutting Portland cement concrete and asphalt concrete pavement for construction of smooth and straight joins. G. Providing shoring, sheeting, bracing, etc. for excavations. H. Removing, relocating and replacing all sprinkler lines, heads, valves, and other landscaping items interfering with the construction of improvements. I. Removing and disposing of all existing improvements interfering with the construction of new improvements and/or as required elsewhere in these specifications and not included in other bid items. J. Restoring landscaping or any other miscellaneous improvements damaged during construction. K. Removing, replacing, backfilling, and compacting miscellaneous earthwork resulting from removing existing improvements that are not replaced and where excavations were made for concrete forming. L. Backfilling areas with clean topsoil; grading to join elevation of newly constructed curb, sidewalk, and driveway approach; and seeding, watering, and caring for rye grass or approved equal by the Engineer until the grass is established. M. Providing all necessary means to prevent tracking of asphalt oil on existing or new asphalt pavement including a water truck during the paving operation and for restoring areas where asphalt oil was spilled. N. Coordinating the construction with all utility companies. O. Obtaining permit from the appropriate water company for connection to fresh water source and delivering water to the point of use and assuming payment of all fees and payment for water used. P. Replace and adjust to grade water/gas meter boxes as necessary. 2.02 Payment. Payment for Clearing and Grubbing shall be included in the lump sum price under Bid Item No. 1. Payment of the lump sum price bid shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in Clearing and Grubbing as specified above and as directed by the Engineer. TECHNICAL PROVISIONS TP -3 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 105 of 120 SECTION 3 - CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT THE PROJECT 3.01 General. Due to the nature of this project involving some inconveniences, the Contractor shall respond to all complaints associated with the project that include any alleged damage to private property and/or vehicles, within 24 hours of notification. Failure to comply with this provision will result in an additional penalty of $50.00 per occurrence. The City reserves the right, after 24 hours of notification, to respond to the complaint and repair the alleged damage. The Contractor shall reimburse the City for all costs involved in addressing the complaint, including any administrative costs incurred by the City. 3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute notices informing those affected that construction will be performed in proximity to their property. The notice shall be distributed not less than 48 hours before commencement of work. The Contractor shall provide a sample notification to the Engineer for approval. 3.03 "NO PARKING" Signs. The Contractor shall post temporary "NO PARKING" signs at no cost to the City. The "NO PARKING" signs will be in place not less than 48 hours prior to performing the work. 3.04 Payment. No separate payment will be made for Contractor's Responsibilities Before Commencement of the Project. All costs for furnishing all labor, materials, tools, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. SECTION 4 - COLD PLANING ASPHALT CONCRETE PAVEMENT 4.01 General. The Contractor shall cold plane the asphalt concrete pavement roadway area within the limits of the project as dimensioned on the plan and as directed by the Engineer, all in accordance with Section 302-1 "Cold Milling Asphalt Concrete Pavement" of the Standard Specifications. Cold planing shall be as indicated on the plans. Contractor shall install temporary striping immediately after cold planning. Contractor shall apply ARHM overlay not more than 48 hours after cold milling. 4.02 Payment. Payment for cold planing asphalt concrete pavement shall be made on a square foot basis and at the unit price bid under Bid Item No. 3. The unit prices paid shall include full compensation for furnishing all labor, material, tools, and equipment and doing all work as specified herein including removal and disposal of all loosened material, sweeping, dump fees, and incidentals and doing all the work involved as specified herein and as directed by the Engineer. SECTION 5 — ASPHALT CONCRETE PAVEMENT AND OTHER ASPHALT ITEMS 5.01 General. Asphalt concrete pavement shall be constructed in accordance with Section 203, "Bituminous Materials" and Section 302-5, "Asphalt Concrete Pavement" of the Standard Specifications and the Plans. TECHNICAL PROVISIONS TP -4 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 106 of 120 5.02 Asphalt Rubber Hot Mix (ARHM). Asphalt concrete overlay shall be constructed in accordance with Section 302-9, "Asphalt Concrete Pavement" of the Standard Specifications. Asphalt concrete to be used by the Contractor as part of this work shall be ARHM-GG-C (PG 64- 16). Asphalt concrete overlay shall be as shown on the Plans. 5.03 Asphalt Concrete Pavement Overlay and Asphalt Patch Reconstruction. Asphalt concrete pavement reconstruction shall be constructed in accordance with Section 302-5, "Asphalt Concrete Pavement" of the Standard Specifications. The replacement asphalt concrete pavement adjacent to new concrete construction shall be equal to the thickness of the edge of gutter, of the cross gutter or of the local depression plus 3/8 inches lip. 5.04 Subgrade. Asphalt concrete pavement shall be constructed on compacted native subgrade. 5.05 Clean Concrete Improvements After Asphalt Concrete Pavement Overlay. The Contractor shall remove all asphalt concrete pavement overlay that spills onto the concrete curb gutter, cross gutter, local depression and all other concrete improvements. Removal shall be done as soon as the asphalt concrete pavement has been laid. Any oil or other spillage onto concrete improvements shall also be removed in a manner to leave them completely clean of any paving material. 5.06 Payment. Payment for Asphalt Concrete Pavement and Patch will be made at the unit price bid under Bid Item No. 4, 5 & 6. The unit prices paid shall include full compensation for furnishing all labor, material, tools, and equipment to complete the work specified herein and as directed by the Engineer, including the costs for removal, disposal, and disposal fees. Subgrade preparation and cleaning of concrete improvements will be included in the cost bid for Asphalt Concrete Pavement. SECTION 6 - PORTLAND CEMENT CONCRETE CONSTRUCTION 6.01 General. Portland cement concrete construction shall be in accordance with Section 201, "Concrete, Mortar and Related Materials" and Section 303, "Concrete and Masonry Construction" of the Standard Specification and as specified in the Standard Plans for Public Works Construction (hereinafter referred to as Standard Plans) and details shown on the Plans. The work required includes the removal and replacement of curb and gutter, sidewalk, curb ramps, driveway replacement, cross gutter and local depression and the construction as shown on the Plans. 6.02 Concrete Mix. Concrete for curb and gutter, and local depression, shall be Class 520-C-2500 concrete specified by class in accordance with Section 201-1.1.2, "Concrete Specified by Class and Alternate Class" of the Standard Specifications. 6.03 Curb and Gutter, Driveways & Cross Gutters. Concrete curb and gutter shall be constructed in conformance with Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and Driveways" of the Standard Specifications, Standard Plans and details as indicated on the Plans. Curb and gutter shall be constructed to grade specified on the Plans. Curb and gutter shall not be poured monolithically with adjacent concrete improvements such as sidewalk, driveway approach, curb ramp, etc. and shall be constructed on 95% compacted native. TECHNICAL PROVISIONS TP -5 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 107 of 120 The Contractor shall remove and replace a minimum of a two -foot wide strip of asphalt pavement beyond the edge of the gutter to accommodate the construction of the curb and gutter. Curb and Rutter constructed at drivewayqpproach shall be poured separately from the apron. Payment for curb and Rutter shall include the crushed miscellaneous base under the curb and gutter and the two - foot space beyond the edge of the gutter for the asphalt pavement. This shall also include the backfilled area of the curb and gutter removal on the existing medians. 6.04 Sidewalk. Concrete sidewalk shall be constructed in accordance with Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and Driveways" of the Standard Specifications and shall be per Standard Plans 112-1 and 113-1. All sidewalks shall be 4 inches thick. Weakened plane joints shall be constructed at regular intervals following the pattern of existing sidewalk adjacent to the sidewalk being replaced or in the immediate area. Exposed roots within the subgrade area must be completely removed, voids backfilled and compacted prior to placement of new sidewalk. 6.05 Curb Ramp. Concrete curb ramp shall be constructed in accordance with Section 303-5 of the Standard Specifications and shall be per Standard Plan 111-3. In addition, the depressed curb and gutter shall be constructed separately from the ramp. The Contractor shall protect in place and adjust valve covers and other structures that may be within the curb ramps area to new grade at locations indicated on the Plans. The Contractor shall include as part of the unit price bid for the construction of curb ramps, curb and gutter along ramps, detectable warning (truncated domes), the cost of removal of curb, sidewalk and asphalt and/or concrete pavement and construction of the curb ramp and asphalt and/or concrete pavement for the entire area affected by the construction of the curb ramp. After removing forms for curb ramp construction, the space left by the form and the area beyond the form that was disturbed due to construction shall be filled with selected backfill material to the elevation of the back of the curb ramp and restored to the conditions prior to construction. Cost for curb ramps shall include the removal and replacement of additional sidewalk between BCR and ECR (both locations). No additional payment will be made for additional sidewalk to be replaced (if necessary) between BCR and ECR and shall be included as part of the Curb Ramp Bid Item. Truncated Domes Detectable Warning Surfaces. Truncated domes shall be installed on all Proposed curb ramps. Truncated domes shall be yellow cast in place ARMORCAST or approved equal. Any traffic striping and/or signage painted on pavement removed to accommodate construction of curb ramps shall be replaced in kind after replacing the removed pavement. Contractor shall relocate and adjust to grade any street sign, water valve, pull boxes or traffic sign affected by this improvement. Cross Gutters. Portland cement concrete local depression shall be constructed in accordance with Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps TECHNICAL PROVISIONS TP -6 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 108 of 120 and Driveways" of the Standard Specification and shall be per Standard Plan 122-1. All exposed edges shall be rounded to %2 -inch radius. The thickness of the local depression shall be 8 inches constructed on compacted crushed miscellaneous base. 6.06 Payment. Payment for Concrete Construction will be made at the unit price bids under Bid Items No. 7, 8, and 9. The unit prices paid shall include full compensation for furnishing all labor, materials, tools, and equipment to complete the work specified herein and as directed by the Engineer, including the costs for removal, disposal, and disposal fees. SECTION 7 - ADJUST MANHOLE FRAME AND COVER TO GRADE 7.01 General. All manhole frames and covers shall be marked as to their location by the Contractor prior to placement of the asphalt concrete pavement. Upon completion of the asphalt concrete pavement and after reasonable time is allowed for setting, the Contractor shall raise the manhole frames and covers to grade in accordance with Section 301-1.6, "Adjustment of Manhole Frame and Cover Sets to Grade" of the Standard Specifications. 7.02 Manhole Frame and Cover or Vault. The manhole frame and cover or concrete vaults that are at the finish grade of the street shall be protected along with the vault during the cold milling and paving operations. Contractor shall clean any concrete left inside existing main line. 7.03 Payment. Payment for adjusting manhole frames and covers to grade will be made at the unit price bid under Bid Item 10. The unit price paid shall include full compensation for furnishing all labor, material, tools, and equipment and doing all work as specified herein and as directed by the Engineer. SECTION 8 - ADJUST WATER AND GAS VALVE COVER TO GRADE 8.01 General. The Contractor shall remove all dirt and debris from existing valve covers to be adjusted. The Contractor shall furnish adjustable slip-on metal cans to be placed within existing metal cans. Existing covers shall be adjusted to new pavement grade on slip-on cans during paving operation. Contractor shall clean inside of gas valve or water valve after pavement. 8.02 Payment. Payment for adjusting value covers will be made at the unit price bid under Bid Item No. 11. The unit price paid shall include full compensation for furnishing all labor, tools, material including slip-on cans, and equipment involved in raising covers to grade as specified herein and as directed by the Engineer. SECTION 9- SIGNING, STRIPING AND PAVEMENT MARKERS 1.01 GENERAL All equipment, materials, machines, and components used for signing, striping, stenciling, and the installation thereof, shall conform to the State of California, Department of Transportation (CALTRANS) Standard Specifications, 2010 Edition, and the California Manual on Uniform Traffic Control Devices (CAMUTCD) for Streets and Highways, 2012 Edition. TECHNICAL PROVISIONS TP -7 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 109 of 120 Section 15: EXISTING HIGHWAY FACILITIES Section 56: SIGNS Section 84: TRAFFIC STRIPES AND PAVEMENT MARKINGS The Caltrans plans and Specifications are hereinafter referred to as State Standard Plans (SSP) and State Standard Specifications (SSS). The following technical provisions are supplementary and in addition to the provisions of the State of California Department of Transportation Standard Specifications, and are only called out to elaborate, to amend, to specify an option, to add thereto, delete all or part thereof, or emphasize an important task. The Contractor shall furnish and install all materials required for the completion of work as shown on the plans. TRAFFIC STRIPES AND PAVEMENT MARKINGS 84-1 GENERAL Description. All striping details including crosswalks, limit lines, and pavement markings shall be installed with thermoplastic. All curb markings shall be installed with two coats of water borne base paint. Contractor shall be responsible to get a written approval of the first coat before the second coat of paint can be applied. Contractor shall re -apply second coat of paint if he/she does not have written notification at his/her cost. Control of Alignment and layout. The Contractor shall furnish the necessary control points for all striping and markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary not more than half-inch (%") in (50') from the specified alignment. When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent thermoplastic application. Using a rope as a guide for making spots every five-foot (5') may spot traffic lines, by using a marking wheel mounted on a vehicle, or by other means satisfactory to the Engineer. The layout of all work to be painted shall be inspected and approved prior to painting. Any work painted without prior approval of the layout is subject to removal and replacement at Contractor's expense. The Contractor shall employ a worker with minimum of ten (10) years of experience to supervise the location, alignment, layout, dimensions, and application of the pavement markings. 84-2 THERMOPLASTIC TECHNICAL PROVISIONS TP -8 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 110 of 120 Thermoplastic shall be used on all striping details, crosswalks, pavement markings, and arrows. 84-3 PAINTED TRAFFIC STRIPING AND MARKINGS Materials. Contractor shall furnish and install raised pavement markers (RPMs) for all striping details. Application. The Contractor shall furnish and install traffic delineation using painted "Cat Tracking," temporary marking tape, or other approved media on the same working day as existing striping is lost, in locations consistent with the striping plan(s). If temporary -marking tape is used, all tape shall be removed prior to installation of permanent striping. 1.02 PAYMENT. No separate payment will be made for Signing and Striping. All costs for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, as specified herein and as directed by the Engineer, shall be included in Bid Items Signing and Striping made at the unit price bid under Bid Item No. 14. No additional compensation shall be made. 1.03 REMOVAL OF CONFLICTING STRIPING. Spotting shall be completed prior to removal of any existing striping. Existing striping and markings shall be removed prior to painting new striping and markings. No streets shall be left without the proper striping for more than 24 hours, or over weekends or holidays. All traffic lanes open to the public shall have line delineation. Existing striping, pavement legends and markings that do not conform to the plan shall be removed by wet sandblasting per Section 15-2.02B, "Traffic Stripes and Pavement Markings," and Section 15-2.02C, "Pavement Markers," of the State of California Department of Transportation Specifications. All striping that is to be removed must be removed by wet sand blasting method. Sand blasting debris shall be removed before the end of each working day. No "Blanking Out" or temporary covering will be allowed. All stripping removals shall include removal of associated raised pavement markers. 1.04 PAYMENT. No separate payment will be made for Removal of Conflicting Striping. All costs for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, as specified herein and as directed by the Engineer, shall be included in Bid Items for Signing and Striping. No additional compensation shall be made. 1.05 SIGNS (SSS SECTION 56) 56-2 ROADSIDE SIGNS Construction. New signs shall be installed using new metal posts set at a minimum 30 -inches depth in a minimum 12 -inch diameter P.C.C. footing. The length of the metal post shall be sufficient to extend from the top of the sign to 30 -inches below the top of the concrete footing and provide seven feet (T) clearance between the finished grade and the bottom of the sign unless otherwise indicated TECHNICAL PROVISIONS TP -9 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 111 of 120 on the plans. The depth of the concrete footing shall be sufficient to extend at least six -inches (6") below the bottom of the post. All sign facing shall be manufactured of Diamond Grade Fluorescent VIP Sheeting. All signs shall have a graffiti film coating. The date of installation of a sign is to be embossed on the back of the sign and shall be considered as the start of the warranty period. "Property of the City of Rosemead" should also be embossed on the back of the sign. All signs placed within the public right-of-way shall be installed using the following guidelines: No signs shall be placed on wood poles at any time. Larger (wide) signs shall be mounted on the top of a sign combination. No sign shall have an outside edge closer than one -foot (1') to the back of the curb. Sign panel facing shall be perpendicular to approaching traffic unless otherwise specified by the Engineer. Sign post shall be 12 feet channel type. Signs shall be mounted on posts in a good workmanship manner using metal hardware suitable for the type of installation made. Installation materials shall be of stainless steel and is theft proof. Signs shall be kept a minimum distance of fifteen feet (15') in front of trees, power poles, etc. Signs shall be kept far away from trees so that tree growth will not obstruct the visibility of the traffic sign. Sign posts shall be installed three -feet (3') behind curb face. Sign posts installed within the sidewalk must maintain a minimum of four -foot (4') horizontal clearance for pedestrians. All signs shall be standard size and reflectorized color as specified in the California Manual on Uniform Traffic Control Devices (CAMUTCD) latest edition, unless otherwise shown on plans. No signs shall be overlapped and must be installed with separate bolts. `Begin/End" or "Tow -Away" plates are exempt. All core drill holes must be large enough for post anchors to fit. All core drill holes must be patched around the signpost with concrete after installation. 1.06 PAYMENT. No separate payment will be made for Roadside Signs. All costs for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, as specified herein and as directed by the Engineer, shall be included in Bid Items for Signing and Striping. No additional compensation shall be made. TECHNICAL PROVISIONS TP -10 City of Rosemead, California, Walnut Grove Resurfacing Phase I Bid Package Document Control Page 112 of 120 CITY OF ROSEMEAD WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. 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U z$ 'CO -11 000000000 O w w W U) Q a I— o L6U+ z iLULLJo DQ QO¢ L li EL 0Mo LU ZOZN 0-1 LL ~U� O z u-I- Q�� U U)O �Luw LUx F— w 1 I I F I I I ui >__0;i 2z „�:p:�iBl --- Q zE2ZE I 1 ' `rt I LLI E I; os+ 3AOSV 1H'JM ou��ll I I I I I rr pp Y II I o �E 8 aE 8s 9 e Is H w s a l a I I w 1 1 a I BI I:ZII eI� BI I I I gee 1 ' `rt I E 1 1 os+ 3AOSV 1H'JM rols 335 E 5 rr pp Y II I �E 8 aE 8s 9 to Is H w s a rr rr r 4 CL ' x00000 000000000 it+ :1 8 o a a \\ /l sg s a Y.m gee E IIM E 5 rr pp Y Y �E 8 aE 8s 9 r F5 0 w N w Q n. 1 u IL) > >L� L LLJ aOa w J >wu) O L1 0 N 0. U` o O (Dz+ 0 L HU o 0 L ZLLO QZ)a U LLJ LU w I— U) 4RR 22� ada Uc i° 5 LL W w®o de d a €e e 4 c 8 —_9 Y O Of 0 Attachment D Construction Contract Agreement with All American Asphalt CONSTRUCTION CONTRACT WALNUT GROVE AVE RESURFACING PROJECT PHASE I FROM MARSHALL ST. TO THE NORTHERLY CITY LIMIT (ALL AMERICAN ASPHALT) PARTIES AND DATE This Contract is made and entered into this day of , 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 All American Asphalt with its principal place of business at 400 East Sixth Street, Corona, CA 92879 (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 Walnut Grove Ave Resurfacing Project Phase I / From Marshall St. To The Northerly City Limit. 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 Walnut Grove Ave Resurfacing Project Phase I / From Marshall St. To The Northerly City Limit. 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" All American Asphalt Page 2 of 10 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 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, 2022 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Gloria Molleda, or her 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 Edward J. Carlson, 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 All American Asphalt Page 3 of 10 and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and All American Asphalt Page 4 of 10 regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total All American Asphalt Page 5 of 10 compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed One Million Six Hundred Thirty Thousand Nine Hundred Twenty One ($1,630,921.00) 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 All American Asphalt Page 6 of 10 accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: All American Asphalt 400 East Sixth Street Corona, CA 92879 Attn: Edward J. Carlson Tel: (951) 736-7600 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 All American Asphalt Page 7 of 10 party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or All American Asphalt Page 8 of 10 transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant All American Asphalt Page 9 of 10 provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] All American Asphalt Page 10 of 10 CITY OF ROSEMEAD Gloria Molleda, City Manager Attest: Ericka Hernandez, City Clerk Approved as to Form: ALL AMERICAN ASPHALT By: Date Signature Date Date Name: Print Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Rachel Richman, City Clerk Date Name: Title: All American Asphalt EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL All American Asphalt 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: All American Asphalt • 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 forthe 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 Vll. 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 All American Asphalt 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. All American Asphalt 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 All American Asphalt shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Attachment E Construction Management/Construction Inspection Proposals Our'ptoposed to the.'commi are local 111;0OLi. REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION, GEOTECHNICAL & MATERIALS TESTING SERVICES FOR WALNUT GROVE AVE RESURFACING PROJECT PHASE 1, FROM MARSHALL ST. TO GRAND AVE. (RFP NO. 2021-08) ;ICONSULTANTS BUILDING SOLUTIONS :J,h' 28, 2021 Z&K Consultants Inc. (Z&K) proudly presents our proposal for the City of Rosemead's Request for Proposals for Construction Management, Construction Inspection, Geotechnical & Materials Testing Services for Walnut Grove Ave Resurfacing Project Phase I, from Marshall St. to Grand Ave. (RFP No. 2021-08). Z&K is a certified Disadvantaged Business Enterprise (DBE), Women's Business Enterprise (WBE), and Small Business Enterprise (SBE) in Southern California. Z&K specializes in the provision of Construction Inspection, Construction Management, Project Management, Staff Augmentation, and other Professional Engineering Consulting Services. The Z&K Team has held numerous street rehabilitation contracts for local agencies. We are currently providing construction management and inspection services for the neighboring cities of Alhambra and San Marino for their Street Rehabilitation/Resurfacing Projects. Z&K is proposing the same team that successfully delivered numerous street rehabilitation projects. We are proud to team with Converse Consultants to provide geotechnical and material testing services. This Team works efficiently and with great comradery with City staff to achieve the community's goals. Z&K works proactively and diligently with City staff to successfully deliver projects under budget while mitigating numerous unforeseen delays. We understand the vital importance of community outreach in keeping councilmembers and the community informed with accurate project schedules and detailed outreach efforts. Z&K will provide weekly project newsletters of critical construction activities completed each week and the scheduled activities to be completed the week after. Z&K is also proud to provide site walks with City staff and elected officials at any time throughout the project to discuss project progress and schedule. Our team prepared lessons learned from past projects and a risk management log, identifying various critical elements of past project that will be of top priority for Z&K's proposed personnel. We understand that this project involves removing and replacing existing AC Pavement (coldmill and overlay) and asphalt pothole repairs, replacement of PCC sidewalk, curb and gutter and miscellaneous work as indicated on the construction plans, including other incidental and appurtenant work necessary forthe proper completion of the project. The project limits are on Walnut Grove Avenue from Marshall St to Grand Ave (North City Limits). Our proposed Construction Manager/Senior Construction Inspector, Thomas Dawson, CBO, ICC Certified, is thoroughly familiar with the project and has performed a site visit and preliminary constructability review of the project plans. Our team has prepared a comprehensive risk matrix for this Project. Mr. Dawson has a strong team of high-quality senior individuals to perform the tasks outlined in this RFP. We have created unique staffing plan to meet the City's needs and expectations for this Project. Z&K has carefully selected this "A - Team". Z&K has committed our most qualified staff for the duration of the contract. Our proposed team members are recognized as experts in Civil Engineering Services and will provide "turn -key" Construction Management and Inspection Services for the City of Rosemead. The Z&K team knows the importance of providing qualified and experienced personnel, capable of working independently, that arrive on-site properly equipped and have the necessary safety and technical training to start work with no learning curve. Z&K has successfully delivered over 40 street improvement projects serving in a similar capacity over the past 10 years. Our team members' unmatched experience in Construction Management and Inspection of street resurfacing projects makes the Z&K team uniquely qualified to provide the requested services. Z&K is proud of our reputation for havingseasoned personnel and of the industry's recognition of our ability to deliverstreet rehabilitation projects ahead -of -schedule, under budget, without claims, and with outstanding customer service. I will serve as the contact person for the full duration of the contract, and I am authorized to bind the firm to the terms of the proposal. Z&K Consultants, Inc. does not have any exceptions and commits to accept the terms and conditions to the language in the RFP documents. Our proposal will not be withdrawn for a period of sixty (60) days. We are excited about this opportunity to serve the City of Rosemead and are committed to the successful and early completion of the Walnut Grove Resurfacing Project, Phase I. Sincerely, G a�� Crystal Faqih, PE I President Z&K Consultants Inc. 473 E. Carnegie Drive I Suite 200 1 San Bernardino, CA 92400 951.310.7470 1 cfagih@zandkconsultants.com FM CONSULTANTS 5 f AI f `o ` ' 0 July 28, 2021 Ahmad Ansari, Acting Public Works Director City of Rosemead 8838 E. Valley Boulevard, Rosemead, CA 91770 Subject: Request for Proposals for Construction Management, Construction Inspection, Geotechnical & Materials Testing Services for Walnut Grove Ave Resurfacing Project Phase I, from Marshall St. to Grand Ave. (RFP No. 2021-08) Dear Mr. Ansari, Z&K Consultants Inc. (Z&K) proudly presents our proposal for the City of Rosemead's Request for Proposals for Construction Management, Construction Inspection, Geotechnical & Materials Testing Services for Walnut Grove Ave Resurfacing Project Phase I, from Marshall St. to Grand Ave. (RFP No. 2021-08). Z&K is a certified Disadvantaged Business Enterprise (DBE), Women's Business Enterprise (WBE), and Small Business Enterprise (SBE) in Southern California. Z&K specializes in the provision of Construction Inspection, Construction Management, Project Management, Staff Augmentation, and other Professional Engineering Consulting Services. The Z&K Team has held numerous street rehabilitation contracts for local agencies. We are currently providing construction management and inspection services for the neighboring cities of Alhambra and San Marino for their Street Rehabilitation/Resurfacing Projects. Z&K is proposing the same team that successfully delivered numerous street rehabilitation projects. We are proud to team with Converse Consultants to provide geotechnical and material testing services. This Team works efficiently and with great comradery with City staff to achieve the community's goals. Z&K works proactively and diligently with City staff to successfully deliver projects under budget while mitigating numerous unforeseen delays. We understand the vital importance of community outreach in keeping councilmembers and the community informed with accurate project schedules and detailed outreach efforts. Z&K will provide weekly project newsletters of critical construction activities completed each week and the scheduled activities to be completed the week after. Z&K is also proud to provide site walks with City staff and elected officials at any time throughout the project to discuss project progress and schedule. Our team prepared lessons learned from past projects and a risk management log, identifying various critical elements of past project that will be of top priority for Z&K's proposed personnel. We understand that this project involves removing and replacing existing AC Pavement (coldmill and overlay) and asphalt pothole repairs, replacement of PCC sidewalk, curb and gutter and miscellaneous work as indicated on the construction plans, including other incidental and appurtenant work necessary forthe proper completion of the project. The project limits are on Walnut Grove Avenue from Marshall St to Grand Ave (North City Limits). Our proposed Construction Manager/Senior Construction Inspector, Thomas Dawson, CBO, ICC Certified, is thoroughly familiar with the project and has performed a site visit and preliminary constructability review of the project plans. Our team has prepared a comprehensive risk matrix for this Project. Mr. Dawson has a strong team of high-quality senior individuals to perform the tasks outlined in this RFP. We have created unique staffing plan to meet the City's needs and expectations for this Project. Z&K has carefully selected this "A - Team". Z&K has committed our most qualified staff for the duration of the contract. Our proposed team members are recognized as experts in Civil Engineering Services and will provide "turn -key" Construction Management and Inspection Services for the City of Rosemead. The Z&K team knows the importance of providing qualified and experienced personnel, capable of working independently, that arrive on-site properly equipped and have the necessary safety and technical training to start work with no learning curve. Z&K has successfully delivered over 40 street improvement projects serving in a similar capacity over the past 10 years. Our team members' unmatched experience in Construction Management and Inspection of street resurfacing projects makes the Z&K team uniquely qualified to provide the requested services. Z&K is proud of our reputation for havingseasoned personnel and of the industry's recognition of our ability to deliverstreet rehabilitation projects ahead -of -schedule, under budget, without claims, and with outstanding customer service. I will serve as the contact person for the full duration of the contract, and I am authorized to bind the firm to the terms of the proposal. Z&K Consultants, Inc. does not have any exceptions and commits to accept the terms and conditions to the language in the RFP documents. Our proposal will not be withdrawn for a period of sixty (60) days. We are excited about this opportunity to serve the City of Rosemead and are committed to the successful and early completion of the Walnut Grove Resurfacing Project, Phase I. Sincerely, G a�� Crystal Faqih, PE I President Z&K Consultants Inc. 473 E. Carnegie Drive I Suite 200 1 San Bernardino, CA 92400 951.310.7470 1 cfagih@zandkconsultants.com FM CONSULTANTS Table of Contents Section 1. Approach and Scope of Work......................................................................................................1 Section 2. Project Team, Key Personnel, and Resumes............................................................................... 9 Section3. Company Qualifications.............................................................................................................14 Section4. References.................................................................................................................................16 Section 5. Standard City Contract and Insurance Requirements...............................................................17 Section 6. Addenda Acknowledgement....................................................................................................17 Fee Proposal......................................................................................................... Separate Sealed Envelope CONSULTANTS BUILDING SOLUTIONS SECTION 1. APPROACH AND SCOPE OF WORK ZU Consultants Inc. (Z&K) is a leading provider of Construction Management and Construction Inspection services. We are a full- service civil engineering firm specializing in professional engineering services ranging from construction management, construction inspection, project management, labor compliance, structural engineering, plan review, and other professional engineering consulting services. Our team members' unmatched experience in Construction Management and Inspection of street resurfacing projects makes the ZU team uniquely qualified to provide the requested services. ZU Firm Firm's Complete Name Information ZU Consultants, Inc. Firm Certifications DBE, SBE, WBE Type of Firm California C Corporation Telephone Number 951.310.7470 Contact Person/Contact Crystal Faqih, PE, QSD/QSP Email Address cfagih@zandkconsultants.com ZU has successfully delivered over 40 street improvement projects serving in a similar capacity for local municipalities. ZU has exceptional experience providing Construction Management and Inspection services of projects for Southern California municipal agencies in the following project types/features: removing and replacing existing AC pavement, coldmill and overlay, asphalt pothole repairs, replacement of PCC sidewalk, curb and gutter, pavement improvements, slurry seal treatment, concrete improvements, ADA ramps, driveway approached, and cross gutters. Our proposed key personnel are familiar with the City of Rosemead's project and know the community well. The ZU Team has carefully examined the project's requirements to identify key personnel best suited to deliver excellent inspection services forthis project. Our Team is composed of experts in street resurfacing, transportation, water, sewer, storm drains, sanitation, parks, and public facilities. ZU is proud of our reputation for having seasoned personnel and of the industry's recognition of our ability to deliver projects ahead -of -schedule, under budget, without claims, and with outstanding customer service. Thomas Dawson will act as the Construction Manager/Senior Construction Inspector and has worked on over 17 street rehabilitation projects. ZU commits to providing our best construction management and inspection services for timely project completion. We will dedicate the necessary resources to complete each assignment on time and within budget. Our key personnel will be assigned to the project for the entire duration and will not be removed or replaced without concurrence from the City of Rosemead. We maintain close attention to our clients by tracking our contract budgets and schedules. We maintain an extensive history of working with various local agencies. Throughout the completion of many projects, our team has demonstrated an unparalleled ability to work well with local agency staff, project stakeholders, engineers, and contractors. We have successfully delivered projects in a timely and cost-effective manner and have acquired an understanding of local agency requirements. ZU has extensive experience providing Construction Management and Inspection Services on similar projects to the City of Rosemead's Project. These projects include funding from various sources including local funds. Many of these projects followed the requirements of the Caltrans Local Assistance Procedures Manual. Over the last 10 years, the ZU team have worked on the following projects which have been completed on time and within budget. FY 19-20 S131 Street Rehabilitation Project (City of Alhambra - Ongoing) Annual Residential Street Rehabilitation Project— Phase 1(City of Compton) Residential & Arterial Pavement Improvement, 1- 159/1-139 (City of Torrance) Street Rehabilitation Program (City of San Marino) Pavement and Sidewalk Rehabilitation Of 10 City Streets (City of San Bernardino) Infill Housing Sidewalk and Street Improvements Of 5 Major Streets (City of San Bernardino) Sidewalk and Street Improvements Of 11 Major Streets (City of San Bernardino) Sidewalk Gap Closure Safe Routes to School, Project No. 13288 (City of San Bernardino) 801-0081 Citywide Pavement Rehabilitation Project 18/19 (City of Moreno Valley) 801-0084 Citywide Pavement Rehabilitation Project 19/20 (City of Moreno Valley) Pavement Rehabilitation Program for Winchester Road (City of Temecula) On -Call Construction Management, Inspection and Testing Services for Pavement Rehabilitation Program (City of Temecula) o On -Call Construction Management and Inspection Services (City of San Bernardino) On -Call Construction Management and Inspection Services (City of Pomona) On -Call Engineering Services (City of Chino) As -Needed Construction Inspection Services (Los Angeles County) On -Call Construction Engineering Services (San Bernardino County) 1-15/Limonite Avenue Interchange Project (City of Eastvale) 1-215 /Van Buren Interchange Improvement (Riverside County) ZU is proud of our reputation for having seasoned construction management, project management, and inspection personnel and of the industry's recognition of our ability to deliver improvement projects ahead -of -schedule, under budget, without claims, and with outstanding customer service for the local community. Many of these projects have received the Construction Management Association of America and the American Public Works Association (APWA) awards for Excellence, Quality, Cost & Schedule Control. Paae 1 of 17 MANAGEMENT APPROACH The team proposed on this project have extensive experience in construction management and construction inspection. We have successfully utilized CM Agency delivery on a host of projects. Through this experience we have developed project management procedures that promote collaboration and teamwork, improve quality and maximize the value of the above project. Z&K's past performance with Cities, Counties, and other agencies show our remarkable ability to control costs, guarantee great quality of work, and meet all project deadlines. We understand the importance of Schedule Control and are known in the industry for assisting the contractor to cut the project schedule and to yield significant savings for our clients through reduction of overhead construction management and construction costs. The most significant saving is less inconvenience to the traveling public and less City exposure due to shortened construction duration. This will help extend excess project funds into other important projects. Z&K Consultants, Inc. provides proven professional construction management techniques to ensure the safe construction of a quality project completed on time and within budget. Z&K accomplished this by establishing the systems, policies, and procedures necessary to ensure adequate project controls are in place. The Construction Manager must ensure all parties understand the basic responsibilities and interrelationships of all team member such as the Owner (both project management and operations), the Design Engineer, the Contractor, the construction management team, and the subconsultants. Additionally, a good Construction Manager must have the knowledge and experience to effectively understand the interrelationships between the key management components of time, information, cost, and quality. Decision making, including obtaining sufficient information to make reasoned decisions, is the key element leading to a successful project. the project. The Z&K approach is founded on a thorough understanding of each of the management components critical to the project. TIME MANAGEMENT Time management uses scheduling to accurately manage and track the restrictive elements of time and resources throughout the project. The key to a successfully implemented and managed schedule is the development of an accurate, detailed, and realistic baseline schedule. Z&K will review the Contractor's baseline schedule to ensure it is accurate and reasonable. Activity durations and logic ties may be examined for accuracy and constructability. The schedule logic and activity durations may also be analyzed to ensure the Contractor does not use float suppression techniques. Schedule float is a valuable resource for the Owner and the Contractor. Schedule implementation and administration is the next step in proper time management. The Contractor's actual progress will be documented daily. The Z&K Team may review the progress with the Contractor at the weekly meetings. The Contractor's three -week -look -ahead schedule will be compared with the work plan on the record schedule to ensure the Contractor continues to use the record schedule as a management tool. We will check the record schedule for activities with start dates that did not begin during the review period. This proactive approach flags potential delay issues for further discussion. V,L .0911%TUlep►lIT, T_T�T_ 4 4 IT, WL Proper information flow is crucial to the success of a project. A construction project generates a large amount of information, which must be distributed to all parties on a timely basis. The source of this information will cover the full spectrum including contracts, meeting minutes, drawings and specifications, submittals, requests for information (RFIs), pay requests, invoices, inspection reports, and so forth. Z&K will act as the hub for the management of all information flow. Z&K has extensive experience providing document management solutions for its clients. Z&K's approach to information management also includes building a communication framework to continually foster partnering and teamwork relationships for all the project stakeholders. Z&K builds this framework from the start of the project with an all-inclusive kick-off meeting where the lines of communication and project responsibilities will be clearly explained to all the project stakeholders. The emphasis on project communication continues throughout the project with the weekly construction meetings. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the meetings. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, RFIs, submittals, testing and inspection reports, non-conformance notices, environmental monitoring, change orders, three -week -look -ahead schedule, pay requests, and so forth. Unresolved issues will be carried over to the next week's meeting until a final resolution is obtained. FUNDING MANAGEMENT Z&K will ensure that the City has all necessary information to comply with funding requirements. Our team is experienced in complying with funding reporting and filing requirements. We pay close attention to these requirements and deadlines so that project funding remains unaffected and so that file audits are conducted quickly and efficiently. Our team is also experienced in ensuring that project documents show compliance with DBE reporting requirements, DBE goals, and/or good faith effort documented. Proper Project documentation is key in any audits. Page 2 of 17 COST MANAGEMENT Z&K will take the lead to ensure a cost management system is properly implemented and maintained. Z&K's cost management role will be in two parts. The first is to track the value of the completed work to ensure accurate and detailed monthly progress billing by the contractor. Secondly, Z&K will proactively manage the change order process. The monthly progress billing may be tied to the construction schedule. A cost loaded critical path method (CPM) schedule is a valuable management tool. =' Each month, the Construction Inspector will review and approve the updated cost loaded CPM. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor. This will be reviewed by the Construction Inspector and discrepancies will be addressed. If necessary, the Contractor will revise and resubmit the schedule of values. This process ensures the Owner is accurately billed for the completed work monthly. Changes in work and unforeseen conditions will be closely monitored. Any costs for changes will be managed by the Z&K construction management team. An ongoing log of potential change issues will be maintained. These issues will be discussed and updated at each weekly meeting. QUALITY MANAGEMENT Quality management is an inherent CM responsibility. Z&K is knowledgeable and capable in all aspects of quality management. Quality assurance is the application of systematic methods to verify the effective implementation of quality control procedures. Z&K will manage the quality of the project by taking the quality assurance lead role and implementing the Z&K quality assurance program, which allocates quality control responsibilities to the various project participants to ensure the constructed product conforms to the contract plans and specifications. This includes a detailed inspection plan, inspection procedures, and documentation procedures for all inspection and test reports. Z&K will review the Contractors quality control procedures to ensure adequacy. Quality control issues will be discussed at each weekly meeting. An ongoing deficiencies/corrective items list will be maintained, reviewed, and updated weekly. Quality assurance includes quality of the constructed work as well as the quality of the Contractor's document processes (such as the Contractors submittals and RAs). In Z&K's experience, lack of quality in the paperwork with items such as poor submittals and unanswered RFIs may lead to lack of quality in the constructed product. Deficiencies in submittal quality control by the Contractor often leads to incorrect or inferior equipment and materials being installed. Z&K will be proactive with the Contractor to ensure the quality of their submittals. Likewise, lax procedures for the processing of RFIs may lead to misunderstandings and delays. Z&K will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. Finally, Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K's quality assurance program. CODES & PROCEDURES MANAGEMENT Z&K has a strong knowledge of the City, County, State, and Federal codes and procedures that are required to deliver a successful project. Z&K will ensure that all codes and procedures are properly followed for the City's Project. Some of the requirements are as follows: o Project Construction Documents o City Standards and Design Manuals o California Building Code o California Plumbing Code o California Mechanical Code o California Electrical Code o California Building Energy Efficiency Standards o Title 24, Part 2, 2.5, 3, 4, 5, 6, 11 o California Fire Code o California Residential Code o California Green Building Code o California Disabled Regulations y o City Codes & Ordinances o City Grading Code & Manual o APWA "Greenbook" Standard Specifications for Public Works Construction i o Caltrans Standards, Specifications, and Procedures o Caltrans Construction Manual o Caltrans Safety Manual Ir o OSH AConstruction Safety Orders 0 10/30 -hr OSH ATraining Certification o Local Assistance Procedures Manual (LAPM) o State and Federal Building Codes (Site Accessibility) o County Procedures and Guidelines o Work Area Traffic Control H andbook(WATCH )Manual o Manual of Uniform Traffic Control Devices (MUTCD) o Project Safety Plan (PSP) o Site H ealth and Safety Plan o Activity H azard Analysis (AH A) Page 3 of 17 SCOPE OF SERVICES Our Team's relevant experience allows them to provide overall administration of the construction process based on their unique ability to fully understand the construction process, work proactively to identify problems early, and to mitigate each risk before it affects the project performance goals. Z&K has thoroughly reviewed the Request for Proposals (RFP); we confirmed our team will provide all scope of work tasks as outlined in the RFP scope of services to ensure the success of the City of Rosemead's Walnut Grove Avenue Resurfacing Project, Phase I. Z&K acknowledges our ability to meet potential project requirements for the variety of work listed under the scope of services. The Z&K Team, at a minimum, will perform the following: Deliver services in accordance with the Project plans, specifications, and estimates (PS&E) & Manage and coordinate all aspects of the Project inclusive of services identified in the RFP I Z&K has carefully selected this "A -Team" and committed our most qualified construction managers and Inspectors for the duration of the contract to deliver a successful project, including full-time public works inspectors. The Z&K Inspectors have the knowledge, skill, and experience to inspect all the anticipated construction operations for this contract and will be on site daily to monitor and document daily progress of the contractor and verify that all work in place is compliant with the project plans and specifications, as well as any Traffic Control, Cal -OSHA, Outside Agency Permits, Standard Plans, and other public right-of-way requirements needed for the project. Throughout the project, the inspectors will review contract documents, plans, and permits. Inspectors will monitor and enforce construction noticing requirements. The Z&K Inspectors will use their expertise to provide field conflict resolutions. The Inspectors' primary duties will be to inspect and verify all work in place meets the requirements of the contract plans and specifications, traffic control plans, shop drawings, change orders, and O&M manuals as well as maintenance of project documentation. Conduct a pre -construction meeting and bi-weekly construction meetings with the contractor, City, and other involved parties. Prepare and distribute meeting agendas and minutes. I Z&K will schedule, coordinate, and conduct a pre -construction meeting, as well as bi- weekly construction meetings with the contractor, City, and other involved parties. An agenda will be prepared in advance to notify attendees of key items for discussion. At the pre -construction meeting, we will discuss special contract and/or concerns, and establish the protocol to be used throughout the project. The meeting will highlight the contractor's responsibility for items such as order of work, permit and environmental agreements, safety and access, progress pay requests, labor compliance, submittals, RFIs, CCOs, quality control, materials certification, schedule updates, and weekly meetings. Z&K will review the baseline schedule and verify that it meets all the required information prior to issuing the Notice to Proceed to the Contractor. Z&K will prepare and promptly distribute meeting minutes to all attendees. Coordinate with City staff, contractor when applicable, agencies, and project stakeholders. I At the pre -construction meeting, Z&K will establish coordination and a line of communication to be used among participants throughout the project. Our Construction Manager, Tom Dawson will serve as the City's representative in charge of project communication and coordination with Z&K, City staff, the design engineer, and the contractor throughout the construction phase. Z&K will document all necessary communications throughout the project and will ensure that all questions and inquiries are fulfilled in a timely manner. The emphasis on project communication continues throughout the project with the weekly construction meetings. At each weekly meeting, all ongoing issues will be reviewed and discussed. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, request for information (RFIs), submittals, testing and inspection reports, non-conformance notices, contract issues, procedures, environmental monitoring, change orders, look -ahead schedule for upcoming work, pay requests, etc. Prepare weekly statement of working days I The Construction Manager will prepare and present the "Weekly Statement of Working Days" report to the City and Contractor. This statement will conform to Caltrans Form CEM -2701 or form approved by the City. Participate in field meetings and document issues, findings, direction, changes, etc., and develop solutions. I Z&K will schedule, coordinate, and participate in field meetings with City representatives, contractors, and other agencies related to the project. At each field meeting, all ongoing issues, findings, directions, and changes will be reviewed and documented until solutions are developed. Provide supervision, scheduling, and problem resolution for the contractor. I The Z&K Inspectors have the knowledge, skill, and experience to supervise, schedule, and provide problem resolution for the contractor. Our team will inspect all the anticipated construction operations for this contract and will be on site daily to monitor and document daily progress of the contractor and verify that all work in place is compliant with the project plans and specifications, as well as any Traffic Control, Cal-OSH A, Outside Agency Permits, Standard Plans, and other public right-of-way requirements needed for the project. Maintain Engineer's and Inspector's Daily Reports, and recording work in progress, which may include the hours worked by men and equipment. I The Z&K proposed staff will complete Daily Reports including equipment, crews/personnel, and photographic and video documentation of construction process (before, during and after construction). The Construction Manager will review the inspectors' daily reports and provide copies to the City upon Project completion. The Z&K Team will provide digital photos and/or video documentation priorto work, with work in progress, and upon acceptance of work. This will include scope of work and critical elements. The complete set of photographs/video will be submitted to the City at the completion of the Project. Page 4 of 17 Contract Time Monitoring shall include review working days, contract time requirements, and documentation of time extensions. Maintain a written record of project progress, which shall indicate factors which may affect the work, such as, weather conditions, utility delays, strikes or labor disputes, and material shortages. Based on these factors a record of working days will be maintained. I Time management uses scheduling to accurately manage and track the restrictive elements of time and resources throughout the project. The key to a successfully implemented and managed schedule is the development of an accurate, detailed, and realistic baseline schedule. Z&K will review the Contractor's baseline schedule to ensure it is accurate and reasonable. Activity durations and logic ties may be examined for accuracy and constructability. The schedule logic and activity durations may also be analyzed to ensure the Contractor does not use float suppression techniques. Schedule float is a valuable resource for the Owner and the Contractor. Schedule implementation and administration is the next step in proper time management. The Contractor's actual progress will be documented daily. The Z&K Team may review the progress with the Contractor at the weekly meetings. The Contractor's three -week -look -ahead schedule will be compared with the work plan on the record schedule to ensure the Contractor continues to use the record schedule as a management tool. We will check the record schedule for activities with start dates that did not begin during the review period. This proactive approach flags potential delay issues for further discussion. When the report is used to determine compliance with labor provisions of the contract the following additional information may be included the names or identification numbers of the contractor's personnel; the respective classifications of the work being performed; the number of hours worked on the date covered by the report; and reporting for labor compliance will be done on a random spot- check basis only. One report per week on the project will be used as an initial guide. The frequency may be reduced after a high degree of compliance has been verified. I Z&K will conduct weekly field interviews at the job site with each labor trade to verify that prevailing wages and fringe benefits follow applicable laws and certified payroll reports submitted by the contractor and/or subcontractors. Z&K will file and submit verification of any findings from the labor compliance interviews to the City along with monthly progress payment reports and certified payroll reports. The City will be immediately informed of any discrepancies or labor compliance violations discovered during field interviews. Maintain project files, which shall contain all data pertinent to the work and to the requirements of the specifications. In general, project files will support adequacy of file control, conformance to contract specifications, and contract payments to the contractor. I Our proposed staff has extensive documentation and filing experience. Our Inspectors know that a complete record of the project must include a full set of all contract drawings, addenda, specifications, change orders, logs, submittals, and RFI's. Filing will include correspondence with all stake holders and permit agencies, reports (daily, weekly, monthly) showing all day-to-day operations, the contractor's workforce, and equipment. In addition to the materials on hand, materials testing reports and sampling, copies of all permits, SWPPP plan, all reports, updates, and all other contract documents related to the construction of the project will be documented. Routinely, our Construction Manager or Inspectors will conduct independent reviews of the project records for their adherence to the required policies and procedures. Z&K will coordinate preparation of the as -built plans with the Design Engineer. Monitor the contractor to ensure as -built drawings and specifications are properly maintained. The CM shall coordinate with the Contractor so that the as -built documents are properly prepared and maintained throughout the Project and submitted at the end of the Project to the City Engineer. I Mr. Thomas Dawson, CBO, ICC Certified, will serve as the Construction Manager/Senior Construction Inspector for this contract.. His responsibilities will include monitoring the maintenance of the Project Record Drawings and the final preparation of the as -built drawings upon project completion. Z&K will monitor any changes and create redlines on as -built drawings and coordinate the as -built plans with the City and Design Engineer. We will manage the Design Engineer's performance on the as -built drawings and check the project record drawings prior to transferring to the City. Conduct labor field interviews. I Z&K will conduct weekly field interviews at the job site with each labor trade to verify that prevailing wages and fringe benefits follow applicable laws and certified payroll reports submitted by the contractor and/or subcontractors. Z&K will file and submit verification of any findings from the labor compliance interviews to the City along with monthly progress payment reports and certified payroll reports. The City will be immediately informed of any discrepancies or labor compliance violations. Provide geotechnical & materials testing and inspection services for asphalt placement, compaction testing, etc. I Materials testing services will be provided by our subconsultant, Converse Consultants, with whom we have worked on multiple projects in the past. Z&K will be responsible for supervising and coordinating the materials and geotechnical testing program to ensure all required testing is performed with the required frequencies and documented according to the City's plans, specifications, and industry standards. Sampling and testing activities will be conducted in accordance with the contract documents and approved procedures. The Inspectorwill workwith the Contractorto correct anyfailed tests and achieve compliance. Our team can effectively make decisions and coordinate with other professionals on field issues related to material testing and inspection. Z&K will develop and provide a comprehensive testing program for the Project in accordance with the contract documents. Establish project filing system, and maintain projects files and records. I Our proposed staff has extensive documentation and filing experience. Our Inspectors know that a complete record of the project must include a full set of all contract drawings, addenda, specifications, change orders, logs, submittals, and RFI's. Filing will include correspondence with all stake holders and permit agencies, reports (daily, weekly, monthly) showing all day-to-day operations, the contractor's workforce, and equipment. In addition to the materials on hand, materials testing reports and sampling, copies of all permits, SWPPP plan, all reports, updates, and all other contract documents related to the construction of the project will be documented. Page 5 of 17 Manage and process change orders and pay requests. Maintain an accounting of construction costs to complete the Project, including approved change orders. Review payment requests, make payment recommendations, and prepare progress payments in City's standard format. I Z&K works proactively to eliminate or reduce project impacts from change orders. Z&K will provide first -line management of CCO administration including review and evaluation of CCO requests; independent estimates; project mitigation such as possible alternatives and negotiation as the City's advocate; written approval from the City's Construction Manager prior to approval of any extra work; investigation and inspection of site conditions that differ from those described in the contract documents; schedule impact and analysis and verification; recommendations to the project Owner on acceptance; impact mitigation; review of submittals in support, and recommendation for resolution, of claims and disputes; and verification of costs. The Z&K staff bring a detailed understanding of the City processes for administering Contractor progress payments per the City's standards & procedures. We will work closely under the direction of the City and with the contractor to verify that the contractors payments are processed, provide recommendations, and ensure they are executed promptly by the contract documents and City's procedures. Z&K will reconcile the work done with the pay requests. Z&K will work with the Contractor on required corrections to the pay requests and ensure that they are in the format and forms required by the City. The pay requests will be submitted to the City with a statement that they have been reviewed. Z&K will keep accounts of all pay requests including amounts retained, dates submitted, dates paid, actual payments, changes in contract amounts, and any other pertinent information. Manage, respond, approve/disapprove and process RFIs and submittals. I As part of its Quality Assurance program, Z&K will coordinate and ensure prompt processing and an efficient turnaround time for contractor requests for interpretation (RFIs) of the plans and/or specifications to ensure that the project is kept on schedule. Quality assurance includes quality of the constructed work as well as the quality of the Contractor's document processes (such as RFIs, RFCs, shop drawing submittals, contract schedule adjustments, change orders, payment requests, etc.). The Z&K CM will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K's quality assurance program. Z&K will log, track, manage the distribution, and ensure timely review of all submittals and RFIs. The log will identify each submittal and resubmittal, the date received, when the submittal, is returned to the contractor, the action required, and other pertinent information. We will coordinate with the Design Engineer for their review of technical submittals and RFIs and any required design revisions. Z&K will coordinate the review of shop and working drawings submitted by the Contractor for compliance. Submittal and RFI reviews will be prompt and normally will not exceed two weeks. Conduct construction meetings. I All project stakeholders will be invited to the weekly meeting. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, request for information (RFIs), submittals, testing and inspection reports, non-conformance notices, contract issues, procedures, environmental monitoring, change orders (COs), look-ahead schedule for upcoming work, pay requests, and so forth. Unresolved issues will be carried over to the next week's meeting until a final resolution is obtained. Z&K will prepare and promptly distribute meeting minutes to all attendees. Conduct project progress meetings with City and present project progress, budget, issues, resolutions. Provide inspection and enforcement of NPDES, and SWPPP. I Z&K Inspectors will enforce water quality best management practices and SWPPP throughout all phases of the project. Z&K understand the importance of managing the Storm Water Pollution Prevention Plan. Our team includes QSD/Ps and inspectors fully knowledgeable regarding storm water BMP implementation and maintenance requirements. Our team is very knowledgeable in the development, implementation, and reporting requirements of a SWPPP. The Contractor will be required to file a Notice of Intent (NOI) with the SWRCB and to develop a SWPPP. We will monitor the contractor for compliance and confirm that required sampling takes place during rain events and required reports are filed into SMARTS. We will reviewthe contractor's compliance with regulatory permits, mitigation measures, storm water regulations, and the SWPPP. Z&K will notify the Contractor immediately if control measures are not installed correctly and will oversee a prompt correction. We will be available to assist with the document review, uploading the document to the SMARTS system, obtaining a WDID number, and implementation of the plan. Respond to inquiries and provide responses to public, City and other parties. Maintain a log of any communications with Public and provide the information to City. I Public Relations I Z&K will assist the City in forming and maintaining good relations with the local business community regarding temporary construction impacts by providing community outreach and a contact person to manage public relations for the duration of the project. At a minimum, the Z&K team distribute verbal and written notices to local businesses before any temporary construction impacts take place. Z&K will manage and track public inquiries for the Contractor and for the City and will advise of any concerns and findings. Additionally, Z&K will develop a neighborhood affairs strategy for any property owners, businesses, and the public that will be affected. This will include the preparation and distribution of information materials for the affected public, including fact sheets and project updates. It is imperative that our community outreach does not only include property owners, business owners and residents of Compton, but also elected officials and management from the City of Rosemead. Conduct project walk-through(s) and prepare punch list(s). I Z&K will conduct a final inspection and walk-through including City staff, Contractor, maintenance/service personnel, and project design consultant, and applicable agencies. Z&K will calculate the amount of final payment due to the prime Contractor and prepare the proposed final estimate. Z&K will also review and process the release of retention. Z&K will obtain evidence of certification of the release of all liens and stop notices. Z&K will obtain certification of delivery of record drawings to the City and design engineer. Z&K will advise the City when the Notice of Completion (NOC) should be filed. Z&K will prepare the final punch list when the contractor has certified and demonstrated the work is substantially complete. Our construction manager will take a proactive approach at processing close-out documentation including completion of final punch list items, guarantees/warranties, subcontractor liens, retention, and final acceptance/certificates of completion, orderly transfer of key records and documents, resolution of outstanding issues, final payment preparation and processing along with final acceptance or record drawings. Z&K will verify the completion of the final punch list when the contractor has certified and demonstrated the work is substantially complete. 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Our Team has unique knowledge working with Cities and their community. Through this experience, we have identified items that were successful in previous projects or could be improved for the success of the City of Rosemead's Project. Construction Site Walk/Change Orders I To assist in controlling cost, Z&K will conduct a pre -construction site walk with City staff members to identify areas that could potentially result in unanticipated costs. This includes extra quantities of asphalt or concrete such as damaged curbs, gutters or sidewalks not listed on the approved plans. During construction, Z&K will conduct site visits with City staff, as needed, to minimize change orders and cost increases. Community Outreach I Z&K will have continuous efforts to keep the community informed of scheduled construction activities. It is imperative that our community outreach does not only include property owners, business owners and residents, but also elected officials, management from the City, and all affected agencies. Z&K will provide updates to affected areas concerning traffic controls, anticipated completion dates, lane closures and access to private property during construction. We understand that an effective public relations effort and program to keep the public informed at all times and responding to public inquiries, comments, and complaints effectively is an important task for the City. Weekend Work/Overtime Requested by Contractor I All overtime shall be approved by the City prior to the commencement of work and all associated costs for inspection/construction management shall be at the expense of the contractor. This item shall be included as a discussion item in the pre -construction conference. Due to unforeseen issues when scheduling manpower and materials, it may be necessary for the contractor to work evenings or weekends. This provision is important to minimize any additional costs to the City for the benefit of the contractor. Previously Completed Work I D uringprevious projects, Z&K identified work that was previously completed. Prior to construction, Z&K will complete a pre -construction review of all streets to inventory any work listed in the current scope of work that has been recently completed under a different contract. Quantities and measurements will be provided to the City and agreed upon by the contractor. This will provide the City with a timely credit that could be used for any unforeseen change orders to control potential cost increases to the overall contract. Agency Coordination I During previous projects, several situations developed that required Z&K to reach out to both local and Federal agencies to coordinate activities and address agency concerns. Prior to the start of construction, Z&K will have City/County areas of responsibility clearly marked and will coordinate construction activities with the contractor. We will notify the Postmaster of scheduled activities that may impact the delivery service of the USPS. Delays Due to Other Projects I Z&K will work closely with the City to ensure that other scheduled projects do not interfere with our project. We will also work closely with local agencies to ensure project schedule overlap and conflicts do not occur. Z&K will also work with staff to coordinate street construction activities so that they do not conflict with any needed emergency utility or roadwork. If the need arises, Z&K will work closely with the contractor to adjust the schedule and accommodate any unanticipated work which might impact the overall schedule. Street Striping I During a previous project, a vehicle drove over the freshly painted street striping and pursued a claim against the Contractor. It is recommended for the specifications to require cones to be utilized during all street striping. Flagmen should also be required for streets with a higher vehicle count. The Z&K inspector should be able to require the street striping company to provide additional flagmen when the inspector deems it necessary. It is recommended that this be at no additional cost to the City. Damage to Private Property I D amageto private property and vehicles occasionally occurs during construction activities. The contractor and subcontractors all have adequate insurance and an established procedure to handle these claims. Community outreach shall include a procedure to notify Z&K immediately if any damage occurs. This is so we can properly memorialize the damage and conduct an interview to ascertain the facts. Z&K will have a procedure for the community to file claims prior to the start of construction. This will include the contact information, phone numbers, and emails for the contractor's risk management person. Page 8 of 17 SECTION 2. PROJECT TEAM, KEY PERSONNEL AND RESUMES Our proposed staffing plan has been developed to have a cost well under industry standard. Z&K Consultants, Inc. has first-hand experience on the expectations and requirements to make this Project a success. This is an important Project for the City, community, and Councilmembers. We understand the staff effort needed to complete this project on time and within budget. Based on previous projects, we have developed a unique staffing plan specific to the City's Project. Z&K does not have any subconsultants for this project. ✓I✓I✓I✓I✓I✓I✓I✓I ✓ I✓I✓I✓I✓I✓I✓I✓I✓I✓I ✓I✓I✓1✓I✓I✓I✓I✓I ✓ I✓I✓I✓I✓I✓I✓I✓I✓I✓I Thomas Dawson, CBO, ICC Certified I Construction Manager/Senior Construction Inspector Mr. Dawson is multi -disciplined and has extensive Construction Management experience. We understand that the City's Project requires a more experienced inspector who can immediately resolve issues in the field. He creates great working relationships with City staff and the local community. Mr. Dawson will be available for site walks and meetings with the City. These will provide opportunities to discuss project specifics, issues, and propose solutions. Mr. Dawson will work closely with the residents and local community to respond to complaints and keep the City updated on Project progress. He will coordinate with local agencies which will be critical to the Project's success. By having a Senior Construction Inspector who also provides Construction Management services, we are able to deliver cost savings to the City. Mr. Dawson will have 100% involvement in this Project. Since Mr. Dawson will be in a full-time position in the field, he will be able to offer construction management services to the City at no additional cost. We also have a deep bench of well-qualified inspectors if the Project requires additional efforts such as night work or weekend work. Mr. Dawson's expertise and experience are invaluable in saving the City money and keeping the Project on schedule. Brittany Duhn, PE, Q$D/P I Office Engineer rA Ms. Duhn will support the Z&K Team and the City to ensure this Project is a success. Ms. Duhn has extensive experience in labor compliance, project management, office engineering, program management, construction management, and field inspections of street improvement projects. She is experienced in developing and maintaining project files, processing progress payments, and maintaining various logs, including submittals, RFIs, and correspondences. She is proficient with various construction computer software. She has thorough knowledge of Caltrans filing system and audits. Ms. Duhn will manage the documentation throughout the Project. SUBCONSULTANTS CONVERSE CONSULTANTS In 1946, Professor Frederick J. Converse established Converse Consultants (Converse) in Pasadena, California to provide the construction industry with geotechnical engineering and geological services. Converse is an employee - owned corporation, with 9 offices and more than 150 employees throughout the United States. Their professional 46, 'Mim and technical staff includes in-house geotechnical engineers, engineering geologists, environmental scientists, deputy inspectors, laboratory and field technicians, drafting/CAD specialists, and other specialized support personnel. Their laboratories are certified by the Division of the State Architect (DSA), California Department of Transportation (Caltrans), US Army Corps of Engineers, American Association of State Highway and Transportation Officials (AASHTO), and the Cement and Concrete Reference Laboratory (CCRL). A registered civil engineer supervises each lab to ensure all of our equipment is calibrated regularly, and quality control is available 24/7. Page 9 of 17 ORGANIZATIONAL CHART Z&K has carefully selected this "A -Team" and has committed our most qualified staff for the duration of the contract. Our proposed team members have extensive experience in Construction Management and Inspection of street resurfacing projects. Our staff will deploy efforts as the project schedule and construction activities dictate. We will reallocate manhours, when possible, for cost savings to the City. By using highly qualified multi -disciplined inspectors, we can provide a cost of service well under industry standard. Legend civic PRIDE I, Key Personnel A., Principal in Charge: i Crystal Faqih, PE, QSD/P A, ? Geotechnical &Materials r.JAW Testing Services Converse Consultants Construction Manager/Senior Construction Inspector Thomas Dawson, CBO, ICC Cert. k - ,3 k. Alternate Senior Alternate Construction Inspectors Construction Inspectors Office Engineer/Document Control Gregory Hunkle, CBO, ICC Cert. Brittany Duhn, PE, QSD/P `' , Noah Hernandez Patrick Fraire Malcom Weatherbie 11 Nola As -Needed Resources Community Outreach I Dennis Green Senior Land Surveyor I William Henry, PLS Senior Landscape Architect I Charles Lamb RA, BS Structural Engineer I Ahmed Ibrahim, PhD, SE, PE, PP SWPPP/Environmental Specialist I Dion Castro, QSP/D, TOR AutoCAD/Microstation Designer I Alfred Ramirez, BSCE PROFESSIONAL AND QUALIFIED TEAM The key to a successful project is a highly qualified and well-managed team. We offer the City a cohesive, talented team of licensed and certified professionals. Our Professionals are recognized as leaders in the industry and will act as a seamless extension of City Staff. Our Construction Management and Inspection professionals keep these key objectives in mind: • Quality services and project deliverables • Time and budget efficiency • Adherence to quality and assurance standards • Constant communication • Application of technical and practical expertise Z&K Consultants commits that all assigned personnel will not be removed or replaced without prior written City approval. Key personnel will be available to the extent proposed for the duration of the contract. Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership and supervisory management positions in many local agencies including the private and public sectors. All can multi -task, are multi -disciplined, and have a full understanding of all aspects of the proposed project requirements. They deliver their knowledge and expertise with tact and seamless integration with staff and outside agencies. Page 10 of 17 Thomas Dawson, CBO, ICC Certified CONSULTANTS BUILDING SOLUTIONS Construction Manager/Senior Construction Inspector LICENSES & REGISTRATION » International Code Counsel certifications » Fire Inspector 1 » Building Plan Examiner » California Commercial Electrical » California Combination Inspector » Combination Inspect/Legacy » California Commercial Plumbing Inspector » California Commercial Mechanical Inspector » California Residential Mechanical Inspector » California Residential Electrical Inspector » California Residential Plumbing Inspector » Certified Building Official » CLB License Number 674861 » OSHA 30 Hour Training Relevant Key Highlights: Construction Management Construction Inspection Project Management Constructability Reviews Value Engineering Submittal Reviews Progress Billing Review Change Order Review Request for Information Review Capital Improvement Projects Construction Survey Materials Testing Coordination Street Resurfacing Street Improvements Street Rehabilitation Projects Cold Mill & Overlay ARHM Pavement AC Base Course AC Slot Pavement Curb & Gutters Sidewalk Improvement Cross Gutters Alley Intersections Driveway Approaches Signing, Striping, & Markings Speed Humps Traffic Signal Loops Sewer Manholes, Water Valves, Water Meters Traffic Control Cal/OSHA Compliance Public Relations Utility Coordination Cost/Scheduling/Budgets Safety & SWPPP Compliance Quality Control/Quality Assurance Claims Support Mr. Dawson has over 25 years of experience in public works inspection, construction management, contracting, quality control, and management of large-scale public works capital improvement projects, including street resurfacing and rehabilitation projects. Mr. Dawson is ICC Certified in electrical, mechanical, and plumbing inspection. Mr. Dawson's expertise extends to his familiarity with Caltrans, Federal Department of Labor and State of California Division of Labor Standards Enforcement (DSLE) Compliance Monitoring Unit (CMU) requirements and equal employment opportunity compliance monitoring. Mr. Dawson has served as a senior inspector for interchanges, numerous street improvement projects, facility projects, and utility projects. Mr. Dawson also provides project management both during planning stages and with continuous inspection and onsite project supervision of all trades. Mr. Dawson is experienced in reviewing RFI's, submittals, and contract change orders. He provides quality control and code compliance inspection services with observation reports for owners, engineers, and local jurisdictions. Relevant Project Experience City of Compton: Annual Residential Street Rehabilitation Project, Compton, CA I Construction Manager/Senior Construction Inspector: This project included street rehabilitation of seven major City streets. Scope of work included construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, asphalt overlay, PCC sidewalks and driveways, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, traffic signal loop, loop detectors, and adjust to grade existing sewer manhole. Scope included full-service construction management, reviewing traffic control plans, meetings, scheduling, cost control, staging coordination, labor compliance, reviewing RFls and Submittals, change orders, quality control/inspection, public relations, permits/environmental compliance, progress payments, monthly staff reports, site safety, as-builts drawings, final walkthrough, and project completion reports. City of San Marino: Street Rehabilitation Program, San Marino, CA I Construction Manager/Senior Construction Inspector: The program's improvements include construction of cold -milling asphalt concrete pavement and re -paving with hot mix asphalt (HMA) and asphalt rubber hot mix (ARHM), clearing and grubbing, removal and disposal of Macadam base materials, localized pavement repairs, replacing impacted traffic striping, markings, pavement legends, loop detectors, curb painting, replacing damaged curb and gutter, curb ramps, cross gutters, sidewalks, driveways and driveway approaches, installing speed humps, adjusting utility frames and grates, inspection and replacement of sewer manholes, water valves, water meters, and storm drain manholes, coordinating with local utilities, preparation and implementation of SWPPP and temporary construction BMPs, and providing temporary traffic control in conformance with the contract documents and applicable permits and regulations. City of Moreno Valley: 801-0081 Citywide Pavement Rehabilitation Project, Moreno Valley, CA I Construction Manager/Senior Construction Inspector: The project is a citywide rehab of Moreno Valley City Streets. The Project includes cold milling to 1.5" and place 1.5" ARHM asphalt, curb ramps, curb and gutter, cross gutter and spandrels, full depth asphalt removal and replacement, installation of traffic striping and placement of traffic markers and signage, adjustment of existing utility manholes, and asphalt concrete overlay. Mr. Dawson provided full-time inspection to ensure compliance with the plans, specifications, and other requirements, coordinated with agencies, contractors, and utilities, and prepared monthly cost progress reports and contract change orders. Page 11 of 17 Brittany Duhn, PE, QSD/QSP CONSULTANTS BUILDING SOLUTIONS Office Engineer/Document Control EDUCATION » BSCE— Civil Engineering California State Polytechnic University, Pomona LICENSES & REGISTRATION » Professional Engineer, P.E. State of California, #91078 » SWPPP (QSD) & (QSP) Certificate # 22055 Relevant Key Highlights: Construction Management Construction Inspection Project Management Constructability Reviews Value Engineering Submittal Reviews Progress Billing Review Change Order Review Request for Information Review Capital Improvement Projects Construction Survey Materials Testing Coordination Street Resurfacing Street Improvements Street Rehabilitation Projects Cold Mill & Overlay ARHM Pavement AC Base Course AC Slot Pavement Curb & Gutters Sidewalk Improvement Cross Gutters Alley Intersections Driveway Approaches Signing, Striping, & Markings Speed Humps Traffic Signal Loops Sewer Manholes, Water Valves, Water Meters Traffic Control Cal/OSHA Compliance Public Relations Utility Coordination Cost/Scheduling/Budgets Safety & SWPPP Compliance Quality Control/Quality Assurance Claims Support » OSHA 30 Hour Ms. Duhn has extensive experience in document control, labor compliance, project management, office engineering, construction management, and field inspections of street improvement projects. She has thorough knowledge of labor compliance and office engineering from her work on numerous street improvement projects, bridge, rail, grade separations, water and wastewater projects, and interchange projects. These are great testaments of Ms. Duhn' managerial and oversight project experience. She gained tremendous experience in the design, operations, and maintenance by working closely with various stakeholders. Ms. Duhn has thorough knowledge of submittals, RFIs, and CCO review, project filing, daily reporting, quantity tracking, and project coordination. Ms. Duhn is a highly motivated engineer with great enthusiasm and eagerness to learn new methods and construction techniques. She is a critical thinker with great attention to detail for finished products. She is experienced in developing and maintaining project files, processing progress payments, and maintaining various logs, including submittals, RFIs, and correspondences. She is proficient with various construction computer software. Ms. Duhn has worked on various projects with Caltrans right-of-way and is familiar with Caltrans procedures. She has thorough knowledge of Caltrans filing system and audits. Ms. Duhn is a dedicated professional with an abundance of energy and enthusiasm. Relevant Project Experience City of Compton: Annual Residential Street Rehabilitation Project (Phase 1), Compton, CA I Office Engineer/Document Control: This project included street rehabilitation of seven major City streets. Scope of work included construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, asphalt overlay, PCC sidewalks and driveways, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, traffic signal loop, loop detectors, and adjust to grade existing sewer manhole. Scope included full-service construction management, reviewing traffic control plans, meetings, scheduling, cost control, staging coordination, labor compliance, reviewing RFIs and Submittals, change orders, quality control/inspection, public relations, permits/environmental compliance, progress payments, monthly staff reports, site safety, as-builts drawings, final walkthrough, and project completion reports. Ms. Duhn met with city staff prior to beginning of work and periodically at various stages of construciton, verified all requirements in accordance with contract documents, and collected and reviewed reports generated from the contractor's payroll office. City of San Bernardino: Street Rehabilitation Program (30+ Major Streets), San Bernardino, CA I Office Engineer/Document Control: This long-term, on-call contract involves concrete improvements and pavement improvements of over 30 major streets in the City of San Bernardino. The contract also includes the rehabilitation and resurfacing of various streets and intersections. Scope of work includes full depth removal and replacement of asphalt concrete, cold milling and overlay of existing asphalt concrete, mobilization, traffic control, staging for major streets and intersections, removal of traffic striping, installation of traffic striping and pavement markers, installation of loop detectors and bicycle loop detectors, construction of cross walks, removal and replacement of sidewalk, driveways, PCC curb and gutter, cross gutters, spandrels, curb ramps along both residential and commercial streets, manhole and utility vault adjustments, and preparation of SWPPP and erosion control plans. City of Torrance: Residential and Arterial Pavement Improvement, 1-159/1-139, Torrance, CA I Office Engineer/Document Control: This project involves pavement improvements to a residential neighborhood and four arterial streets. Improvements include clearing and grubbing, application of slurry seal, cold mill and AC overlay, removal and disposal of existing pavement, localized pavement repairs, as well as tree removals and replacements, asphalt berm replacement, AC base course, concrete repairs to PCC curb, gutter, PCC sidewalk, PCC driveways and driveways approaches, access ramps, replacement of pavement markings and striping on concrete and asphalt, and installation of raised pavement markers and city project signs. Ms. Duhn coordinated meetings with City staff, performed document control procedures, and reviewed contractor's payroll reports. Page 12 of 17 Malcolm Weatherble Alternate Senior Construction Inspector EDUCATION » Associated Builders & Contractors, Inc., Southern California » Santiago Canyon College - Public Works Courses LICENSES & REGISTRATION » OSHA 30 Hour Training Relevant Key Highlights: Construction Management Construction Inspection Project Management Constructability Reviews Value Engineering - Submittal Reviews Progress Billing Review Change Order Review Request for Information Review Capital Improvement Projects Construction Survey Materials Testing Coordination Street Resurfacing Street Improvements Street Rehabilitation Projects Cold Mill & Overlay AC Pavement Asphalt Pothole Repairs RMCONSULTANTS BUILDING SOLUTIONS PCC Sidewalk Curb & Gutters Sidewalk Improvement = Cross Gutters Alley Intersections Driveway Approaches Signing, Striping, & Markings Speed Humps Traffic Signal Loops Sewer Manholes, Water Valves, Water Meters Traffic Control Cal/OSHA Compliance Public Relations Utility Coordination Cost/Scheduling/Budgets Safety & SWPPP Compliance Quality Control/Quality Assurance Claims Support Mr. Weatherbie has over 15 years of experience in construction management and inspection, and has served as a construction inspector, building inspector, civil inspector, commercial/industrial inspector, and electrical inspector for numerous public works and capital improvement projects, including street resurfacing and rehabilitation projects, as well as Safe Routes to School, Highway Safety Improvement programs, storm water improvements, and traffic signal installation and synchronization projects. Mr. Weatherbie's expertise extends to his familiarity with Caltrans, Federal Department of Labor and State of California Division of Labor Standards Enforcement (DSLE) Compliance Monitoring Unit (CMU) requirements and equal employment opportunity compliance monitoring. Mr. Weatherbie has served as a senior inspector for interchanges, numerous street improvement projects, facility projects, and utility projects. Mr. Weatherbie also provides project management both during planning stages and with continuous inspection and onsite project supervision of all trades. Mr. Weatherbie is experienced in reviewing RFI's, submittals, and contract change orders. He provides quality control and code compliance inspection services with observation reports for owners, engineers, and local jurisdictions. Relevant Project Experience City of San Bernardino: Street Rehabilitation Program (30+ Major Streets), San Bernardino, CA I Senior Construction Inspector: This long-term, on-call contract involves street resurfacing and concrete improvements of over 30 major streets in the City of San Bernardino. The contract also includes the rehabilitation and resurfacing of various streets and intersections. Scope of work includes full depth removal and replacement of asphalt concrete, cold milling and overlay of existing asphalt concrete, asphalt pothole repair, mobilization, traffic control, staging for major streets and intersections, removal of traffic striping, installation of traffic striping and pavement markers, installation of loop detectors and bicycle loop detectors, construction of cross walks, removal and replacement of sidewalk, driveways, PCC curb and gutter, cross gutters, spandrels, curb ramps along both residential and commercial streets, manhole and utility vault adjustments, and preparation of SWPPP and erosion control plans. City of Lynwood: Long Beach Boulevard Street Improvements, Phases 1 and 2, Lynwood, CA I Senior Construction Inspector: This project involved street resurfacing and improvements including cold mill and overlay, removal and replacement of AC pavement, replacement of PCC sidewalk, curb, gutters, cross gutters, alley intersections, sidewalk improvements, curb ramps, driveway approaches, speed humps, signing, striping and street markings, traffic signal improvements, utility coordination, and other improvements. Mr. Weatherbie provided full-time inspection to ensure compliance with the plans and specifications, coordinated with agencies, contractors, and utilities, assisted in provided public relations services, oversaw traffic control, coordinated materials testing and sampling, prepared contract change orders and progress payment requests, assisted in preparing and implementing SWPPP, ensured safety compliance, and maintained daily logs and inspection reports. City of San Bernardino: Mill Street and Meridian Avenue Storm and Street Improvement Project, San Bernardino, CA I Senior Construction Inspector: This project involved street resurfacing and rehabilitation of Mill Street and Meridian Avenue, as well as improvements to storm water drains to upgrade storm water volume to the San Bernardino Flood Control Basin. Street improvements included resurfacing, removal and replacement of AC pavement, replacement of PCC sidewalk, curb, gutters, cross gutters, curb ramps, driveway approaches, sewer manholes, water valves, water meters, and traffic signal improvements. Mr. Weatherbie coordinated with local utilities, assisted in the preparation and implementation of SWPPP measures, provided temporary traffic control measures, and ensured conformance with the project plans and specifications. Page 13 of 17 SECTION 3. COMPANY QUALIFICATIONS Our Projects include the following similarities to the City of Rosemead's Walnut Grove Ave Resurfacing Project, Phase I: ✓ Pavement Rehabilitation ✓ Cold Mill & Overlay ✓ Slurry Seal Treatment ✓ Full Depth Removal & Reconstruction ✓ Concrete Improvements ✓ Curb & Gutters ✓ Cross Gutters ✓ Sidewalks ✓ Driveway Aprons ✓ ADA Ramps ✓ Signing, Striping, Markings, & Pavement Legends ✓ Speed Humps ✓ Traffic Signal Loops ✓ Sewer & Storm Drain Manholes ✓ Water Valves & Meters ✓ SWPPP Review & Implementation ✓ Construction Management ✓ Construction Inspection ✓ Traffic Control ✓ Geotechnical and Material Testing Coordination ✓ Public Relations Management ✓ Labor Compliance Oversight ✓ Quality Assurance/Quality Control The Z&K Team has successfully performed Construction Management, Construction Inspection, Project Management, and Labor Compliance Oversight for numerous projects. The following projects have been completed on time and within budget. CITY OF ALHAMBRA I FY 19-20 SBI STREET REHABILITATION PROJECT Z&K Consultants, Inc. is providing Construction Management & Inspection Services for this Project. This street rehabilitation project includes 24 local City streets. Pavement improvements include slurry seal treatment, varying depths of cold milling and overlay, and full depth removal and reconstruction. The project also includes concrete improvements such as removal and replacement of broken and off -grade sidewalk, ADA ramps that need updating, broken and off -grade curb and gutter, driveway aprons in need of repairs, and concrete cross gutter reconstruction. CITY OF COMPTON I ANNUAL RESIDENTIAL REHABILITATION PROJECT (PHASE 1) Z&K -Consultants, Inc. provided Construction Management and Inspection Services for this Project. This street rehabilitation project included seven major City streets. The scope of work consisted of asphalt overlay, clearing and grubbing, construction of cold mill and AC overlay, slurry seal application, HMA pavement, ARHM overlay, AC base course, aggregate base, full depth AC slot pavement, PCC sidewalk and pavement, PCC curb and gutters, PCC cross gutter, alley intersection, sidewalk, driveway approach, curb ramps including detectable warning surfaces, signing, striping, markings, pavement legends, speed hump, landscaping, irrigation, adjusting manhole and utility covers to grade, water valve, water meter, street lighting, installation of loop detectors and bicycle loop detectors, traffic signal modification, adjustment of streetlight and traffic signal pull boxes to grade. Z&K inspectors performed mobilization, construction staging coordination in heavily traveled intersections, traffic control, SWPPP and erosion control plan preparation. Services also included full-service construction management, pre -construction, establishing a management information system, reviewing traffic control plans, meetings, issues management, scheduling, cost control, labor compliance, reviewing RFIs and Submittals, change orders, dispute resolution, quality control/inspection, material testing services, public relations, permits/environmental compliance, progress payments, monthly staff reports, site safety, as-builts drawings, final walkthrough, and project completion reports. CITY OF TORRANCE I RESIDENTIAL & ARTERIAL PAVEMENT IMPROVEMENT PROJECT, 1-159/1-139 Z&K Consultants, Inc. is providing Construction Management and Construction Inspection services for this project, which consists of pavement improvements to a residential neighborhood and four arterial streets. Improvements include clearing and grubbing, application of slurry seal, cold mill and AC overlay, removal and disposal of existing pavement, localized pavement repairs, as well as tree removals and replacements, asphalt berm replacement, AC base course, concrete repairs to PCC curb, gutter, PCC sidewalk, PCC driveways and driveway approaches, access and ramps, replacing pavement markings and striping on concrete and asphalt, and installation of raised pavement markers and City project signs. Other relevant features include mobilization, preparation of SWPPP and erosion control plans, coordination with local utilities, adjustment of manhole and utility covers to grade, installation of specialty loop detectors and bicycle loop detectors, reconfiguration of new sewer piping, water valves, water meters, and storm drain manholes, traffic control, local utility coordination, geotechnical and materials testing coordination, hardscape, landscape, and irrigation. Throughout the project, Z&K team members have coordinated an attended meetings, reviewed traffic control plans, performed issues management to ensure project delivery within budget and time specified, monitored contractor's schedule, monitored project funding through budget reports and cost estimate reviews, provided labor compliance, reviewed requests for information and submittals from the contractor, reviewed potential change orders, observed and monitored all aspects of the project, prepared daily inspection reports, reviewed all contractor payment requests, prepared monthly reports, reviewed as -built drawings, and monitored contractor's safety program for compliance with Cal/OSHA. Page 14 of 17 CITY OF SAN BERNARDINO I STREET REHABILITATION PROGRAM (30+ MAJOR CITY STREETS) Z&K Consultants, Inc. is providing Construction Management and Inspection Services for this long-term, on-call contract with the City of San Bernardino, which included street resurfacing and pavement rehabilitation for over 30 major streets and multiple major street intersections in the City. Z&K personnel performed constructability reviews of the project plans and specifications prior to the bid release, and full-service construction management and construction inspection for pre -construction, construction, and project closeout of all major City streets. The project includes street rehabilitation and resurfacing, storm drain and pipeline relocation, traffic signal improvements, traffic control, full depth removal and replacement of asphalt concrete, cold milling and AC overlay of existing asphalt concrete, slurry seal application construction of new curb, curb and gutter, PCC sidewalk, replacement of existing PCC driveways, driveway approaches, curb ramps, retaining curbs, 3' high retaining wall, parkway culverts, cross gutters, asphalt -concrete pavement, removal and replacement of trees, clearing and grubbing, installation and configuration of multiple traffic loop detectors and bicycle traffic loop detectors, installation of city project signs, preservation of existing city survey monuments, adjusting manhole and utility covers to grade, reconfiguration and installation of street lighting, and installation of pavement markings and striping on concrete and asphalt. Related work includes mobilization, traffic control, assisting in preparation of SWPPP and erosion control plans, construction surveying, local utility coordination, geotechnical and materials testing coordination, and appurtenant work. Z&K personnel coordinates the distribution of public notifications to several schools, churches, and residential homes affected by this City-wide street rehabilitation project Throughout the project, Z&K inspectors provide construction inspection services, specialty inspection of concrete work, coordinated geotechnical and materials testing, and performed contract administration and document management. CITY OF SAN MARINO I STREET REHABILITATION PROGRAM Z&K Consultants, Inc. is providing Construction Management & [Inspection Services for the City of San Marino's Annual Street Rehabilitation Program, which consists of citywide roadway pavement rehabilitation. The program's improvements include construction of cold -milling asphalt concrete pavement and re -paving with hot mix asphalt (HMA) and asphalt rubber hot mix (ARHM), clearing and grubbing, removal and disposal of Macadam base materials, localized pavement repairs, replacing impacted traffic striping, markings, pavement legends, loop detectors, curb painting, replacing damaged curb and gutter, curb ramps, cross gutters, sidewalks, driveways and driveway approaches, installing speed humps, adjusting utility frames and grates, inspection and replacement of sewer manholes, water valves, water meters, and storm drain manholes, coordinating with local utilities, preparation and implementation of SWPPP and temporary construction BMPs, and providing temporary traffic control in conformance with the contract documents and applicable permits and regulations. Throughout the project, Z&K staff is also attending and coordinating meetings with the City and contractor, performing issues management, monitoring the contractor's schedule, monitoring project funding, performing labor compliance, reviewing contractor's requests for information (RFIs) and submittals, reviewing potential change orders, performing dispute resolution, managing public relations, coordinating materials testing services, and observing and monitoring all aspects of the project to ensure compliance with project plans and specifications. LOS ANGELES COUNTY I AS -NEEDED CONSTRUCTION INSPECTION SERVICES The Z&K Team performed Construction Management and Inspection Services for this Project. Projects included the Slauson Avenue Revitalization Project and Firestone Blvd Street Rehabilitation Project. The work included resurfacing of roadway pavement tire rubber modified asphalt concrete; cold mill and ARHM overlay, slurry seal installation, aggregate base, reconstruction of curb and gutter, PCC sidewalk, PCC driveways, PCC cross gutters, ADA curb ramp construction; construction of concrete pavement and crosswalks, installation of colored and pattern stamped concrete pavement and sidewalk, and the performance of other appurtenant work. The Z&K team effectively managed key issues including Schedule Control, Environmental Compliance, Communication, Cost Control, Contract Change Orders and Quality to ensure that the project is successfully completed within time and budget. Other Technical Features: included: AC paving, concrete paving, curb ramps (ADA Ramps), landscaping and hardscaping, irrigation, electrical street lighting, replacement of street signing and striping, traffic signal modification, adjustment of streetlight and traffic signal pull boxes to grade, storm drains and sanitary sewer repairs. Page 15 of 17 SECTION 4. REFERENCES COMPTON City of Compton John Strickland, Project Manager 205 S Willowbrook Ave, Compton, CA 90220 jstrickland@comptoncity.org 1310.761-1422 Annual Street Rehabilitation Project City of San Bernardino Saba Engineer, Principal Civil Engineer 290 N D St, San Bernardino, CA 92401 Engineer Sa@sbcity.org 1909.384.5284 Street Rehabilitation Program (30+ Major Streets) C mk '<. Oo G City of Torrance Cesar Aguilar, Assistant Engineer 3031 Torrance Blvd., Torrance, CA 90503 caguilar@torranceca.gov 1310.618.3061 Residential & Arterial Pavement Improvement City of San Marino Michael Throne, Public Works Director 2200 Huntington Dr., San Marino, CA 91108 mthrone@cityofsanmarino.org 1626.300.0765 Street Rehabilitation Program City of Chino Amer Jakher, Director of Public Works 13220 Central Ave, Chino, CA 91710 ajakher@cityofchino.org 1909.334.3250 Street Improvements for Euclid Ave. SR 83 and Kimball Ave. Page 16 of 17 SECTION 5. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS Z&K Consultants accepts all conditions in the Request for Proposals document, as well as the attached Standard City Contract and Insurance Requirements. Z&K does not have any exceptions to the Standard City Contract or Insurance Requirements. Z&K will comply with all aspects of the Agreement and do not have any comments we would like the City to consider. Upon award of Contract by the City Council, Z&K will provide the City with required Certificates of Insurance and will obtain a City of Rosemead Business License. SECTION 6. ADDENDA ACKNOWLEDGEMENT Z&K Consultants, Inc. acknowledges that the City has not issued any Addenda to the Request for Proposals. Page 17 of 17 J p Q o IS o p cn m o m m o C t V CL n W) o w p R w v w coO LL o 0 0 0 OlCD 0 LL oo N co e Ld Q p- ma n m S CL r9 o H ti N ei 40" r flow 69 69 V6q W De 0 O = O O O O � � O O O O cm LQ a w a o Q N o o o O 0 LO 0 N O O 0 on O y� Q ti eJ o O � O O M 0 C m V3 cn Id uyi Z C C d a 3 3 E S m O v p b c O O o 0 o C', y 'i O LL. E C rn M O e o e o e e e COO, C W w m 69 Ci c c C c tnj cm O O cW w o 0 Z �o W O a .a 8 8 0 0P Z o o 0 YQ W c CL rn w � oe o e c o m NW O e c C rn F3 Lo �� c o o v c N N c o v o e v c° 8 8 fO 8 8 c M W �g N U m C Il F W fn c > U B �a 49 o� CU ad w w a a a z OO = r t V W C C H {� C .0 � c c H � Y N to c a c 8 Z � � N O F- H e e (� 0 n n W CL C C 0j O ° O 0 0 u Z b 0 a_ 8 8 a03 HX Z z a w q N d a49 V os v nj a V w ri p A C u b a v O C I I :l L j I . 1 Submitted By z P' :cINE INFRASTRUCTURE ENGINEERS Proposal to Provide CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION, GEOTECHNICAL & MATERIALS TESTING SERVICES FOR WALNUT GROVE AVE. RESURFACING PROJECT PHASE I, FROM MARSHALL ST. TO GRAND AVE. RFP No. 2021-08 Infrastructure Engineers 3060 Saturn Street, Suite 250 Brea, CA 92821 Tel.: (714) 940-0100 July 28, 2021 City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 Attention: Ahmad Ansari, PE, Acting Public Works Director Subject: Proposal to Provide Construction Management, Inspection, Geotechnical & Materials Testing Services, RFP No. 2021-08 Dear Mr. Ansari: We are pleased to submit our proposal to provide construction management, inspection, geotechnical and materials testing services for the Walnut Grove Avenue Resurfacing Project Phase I. Infrastructure Engineers has been providing construction management and inspections services to cities in Southern California for over two decades. Providing construction management and inspection services are the reasons Infrastructure Engineers was founded. Now, 27 years later, Infrastructure Engineers has become a valuable asset for cities throughout Southern California in terms of supporting and implementing the goals and objectives of public works projects. As construction manager and inspection team for subject project in the City of Rosemead, we will be your advocate and watchdog. We have managed the construction of countless public works projects for client cities, and we know how to keep your best interests at the forefront. Contractors and construction managers will come and go, but your project will have a lasting effect on the community. It's a job well done that will be remembered. Our Construction Manager, Miguel Alvarez, PE, has many years of experience in public works projects, most of that in capital improvement program projects. He has worked with and managed a broad range of consultants and contractors throughout his career in the municipal arena and brings an unsurpassed level of experience to this project. Our lead Construction Inspector, Mossad Rizkalla, is also a veteran in overseeing publics works projects and the contractors that build them. His primary concern is to be an advocate for our clients. Our approach to the project will illustrate the care and detailed oversight we employ to ensure successful project delivery for the City of Rosemead, from the kick-off meeting through careful monitoring of cost, schedule, quantities, and performance during construction, to final warranty and sign -off by the City Council. The Infrastructure Engineers office nearest to the City of Rosemead is located in the San Gabriel Valley at 13200 Crossroads Parkway, Suite 400, City of Industry, CA 91746. Most of our construction inspectors operate out of this office; however, the contract will be managed from our headquarters office, located at 3060 Saturn, Suite 250, Brea, CA 92821. Proposal to Provide CM, Cl, and Geotechnical & Materials Testing Services City of Rosemead July 28, 2021 Page 2 Should you have any questions or require further information regarding our proposal or any of our other services, Miguel can be reached by phone at (626) 544-0400, or by email at malvarez@infengr.com. We look forward to providing the staff and the services to perform the scope of work requested for this project by the City of Rosemead. Sincerely, Infrastructure Engineers Farzad Dorrani, MS Chief Operations Officer Z� Miguel Alvarez, PE Senior Manager, Construction Management Services 3060 Saturn Street, Suite 250 1 Brea, CA 92821 1 Tel.: (714) 940-0100 1 www.infrastructure-engineers.com Proposal for Construction Management, Construction Inspection, Geotechnical >t Materials 5 F M f Testing Services for Walnut Grove Ave. Resurfacing Project o- Phase I, from Marshall St. to Grand Ave. �N'ONleO� Contents Section 1 - Approach and Scope of Work.......................................................................................................... 1 Section 2 - Project Team, Key Personnel and Resumes.................................................................................10 Section3 - Company Qualifications...................................................................................................................19 Section4 - Reference List................................................................................................................................... 23 Section 5 - Statement of Acceptance of Terms and Conditions.................................................................... 23 Section 6 - Addenda Acknowledgement........................................................................................................... 23 -_- _ page I i Proposal for Construction Management, Construction Inspection, Geotechnical ft Materials 4 E ^f Testing Services for Walnut Grove Ave. Resurfacing Project e ' , Phase I, from Marshall St. to Grand Ave. ��PORTtd � Section 1 - Approach and Scope of Work We liken the role of construction manager to that of a juggler. It takes the talent of a juggler to manage project schedules, work performance quality, safety oversight, inquiries from stakeholders, documentation review, and labor compliance to see a project through to successful completion. The construction managers and inspectors at Infrastructure Engineers are all veteran jugglers; each staff has decades of experience in construction management and inspection - they have fine-tuned the art of juggling competing issues and interests while, above all, being your advocate. Our onsite construction inspectors are responsible for ensuring that the contractor effectively and efficiently executes the project in a manner that meets your expectations. accomplish this, our team evaluates project schedules, work performance quality, safety oversight, coordination effectiveness, and performs documentation reviews for all rehabilitation and new construction work in progress. .r. • To We view the project from your perspective. This includes knowing local and regional codes, regulations and permitting. We hold value -engineering and constructability as our goal and keep an eye on subcontractor and supplier resources. We manage your project to a successful completion and help you be the hero to your community. Project Understanding It is our understanding that the City of Rosemead is requesting proposals from qualified firms to provide construction management, construction inspection, and geotechnical & materials testing services for Walnut Grove Avenue Resurfacing Project Phase I, from Marshall Street to Grand Avenue (project). As your construction management and construction inspection (CM/IS) consultant, Infrastructure Engineers will manage and inspect the improvements of the project in the areas specified in the project location as shown on the plans posted on PlanetBids. The scope of work consists of cold milling existing AC pavement; constructing ARHM GG -C (PG 64-16) over 1 -Inch leveling course; removing existing 6 -inch AC pavement and replacing with 4 -inch thick B PG 64-10 over 90% compacted native; replacement of PCC curb/gutter, driveways, sidewalk, longitudinal gutters, and curb ramps; adjusting to grade sewer manholes, water/gas valves, and water meter boxes; installation of thermoplastic striping per Caltrans Standard Plans; installation of traffic inductive loop; and other incidental and appurtenant work necessary for the proper completion of the project. It is also our understanding that the project does NOT involve the use of federal or special funds, and that the project is funded by local funding sources, but regardless of funding, we understand that the City of Rosemead expects the selected consultant to strictly manage and administer the project in compliance with the Caltrans Local Assistance Procedures Manual (LAPM). The project limits are on Walnut Grove Avenue from Marshall Street to Grand Avenue (north city limits). Construction duration is 30 working days. page 11 Proposal for Construction Management, Construction Inspection, Geotechnical It Materials ,EMF Testing Services for Walnut Grove Ave. Resurfacing Project Phase I, from Marshall St. to Grand Ave. Construction Management Approach hQpnnowco ` ' Infrastructure Engineers is confident that our team assigned to this project possesses the ability and technical expertise to provide all the necessary services to assist the City of Rosemead to successfully and efficiently manage and complete this important project on time and within the allocated budget. Our proposed Construction Manager, Miguel Alvarez, PE, brings 18 years of project delivery experience. He not only has the expertise needed to oversee construction projects from inception to completion, Miguel is also an exceptional Resident Engineer, an accomplished civil design engineer, and is skilled in a variety of support services such as SWPPP. Our team's extensive experience and proactive approach enables Infrastructure Engineers to stay ahead of the contractor and maintain the project schedule and budget for successful completion. Prior to commencing any work, Miguel will ensure collaboration between our team and City staff assigned to the project. Our team and City staff will meet to converse and agree on key points to produce an overall project work plan. Key points to be discussed and agreed upon include,.but are not limited to, include the following actions: ♦ -Review of all pertinent existing -plans, special provisions, construction and materials submittals, and specifications that apply to the assigned project - ♦ Agree on a plan to minimize the impact within the project area and to adjacent traffic, parking, and businesses and residents ♦ Review day-to-day project tasks and responsibilities ♦ Review the content and format of the daily inspection reports for the project ♦ Review the required testing procedures and forms ♦ Discuss roles and responsibilities regarding City procedures for notifications, changes, corrections, delays, rejections and tolerances We present our typical Construction Management Plan (CMP) below; however we will customize our plan to meet the City's expectations and project requirements. Kick -Off Meeting Infrastructure Engineers will prepare an agenda and coordinate the project kick-off meeting. The purpose of this meeting is to review the project scope of work with City staff, iron out any questions and concerns City staff might have, and obtain a clear directive from the City Project Manager regarding our role in assisting the City with this project. We believe this first step is of utmost importance and very critical before commencement of any work on the project by the contractor. The primary focus will be placed on project team roles and responsibilities, flow of information, public relations activities, communications, review of project documents, scope, schedule, quality assurance, cost control and funding compliance. Last but not less important, to reach an agreement on a plan for an effective public relations effort and a program to keep the affected public constantly informed and responding to their inquiries, concerns, and complaints in an effective manner throughout the duration of the project. Getting Familiar with the Project First things first - Our team will walk the project site and the construction areas within the project limits in an attempt to catch areas that may have been potentially missed during design. We will carefully review the project scope and become familiar with the following: ♦ Construction documents page 12 Proposal for Construction Management, Construction Inspection, Geotechnical tt Materials E M E Testing Services for Walnut Grove Ave. Resurfacing Project Phase I, from Marshall St. to Grand Ave. ;* ♦ Phasing, scheduling, and sequencing of operations to be performed during Moonronrtn°� construction ♦ Pedestrian and vehicular traffic control plans within project limits and in the project vicinity ♦ City -required project signage and notifications to the public ♦ Methods of resolving conflicts in the plans and specifications ♦ Methods of resolving construction delays ♦ Methods of resolving contract change orders ♦ Process for coordinating construction with underground utility agencies ♦ Review of available soil reports, material testing, and construction material submittals ♦ Document pre -work video and photographs of the project areas Pre -Construction and Bi -Weekly Meetings Infrastructure Engineers will coordinate with the City's Project Manager and attend the pre -construction - - conferences including -notification to the contractor, utility agencies and other stakeholders, -and prepare the meeting agenda and minutes. Ideally, the items listed below will be discussed: ♦ Issuance of Notice to Proceed to contractor ♦ Move-in/mobilization period for the contractor ♦ Contractor's schedule ♦ Point of contact — chain of command ♦ Submittals and requests for information (RFIs) ♦ Review of contractor's traffic control plans for project ♦ Working hours ♦ Site safety ♦ National Pollutant Discharge Elimination System (NPDES) and Storm Water Pollution Prevention Plans (SWPPP) submittal and review ♦ Bi -weekly meetings with contractor, City staff and other parties ♦ Weekly status reports, or per City's direction ♦ Schedule updates ♦ Design clarifications and change orders requests protocol ♦ Progress payments — process and timeframes ♦ Public relations — project notification to residents and businesses ♦ Labor compliance ♦ Contact numbers of critical services (Sheriff, Fire Department, trash collection, street sweeping, school district, etc.) The meeting minutes will be distributed to all parties within 72 hours after the meeting, or as desired by the City. Bi -Weekly Construction Meetings and Field Meetings Meetings with the contractor, City, and other involved parties will be held on a bi-weekly I* basis during construction. The meetings may involve discussions regarding the project page 13 Proposal for Construction Management, Construction Inspection, Geotechnical &t Materials E Testing Services for Walnut Grove Ave. Resurfacing Project °, 4; ' e Phase I, from Marshall St. to Grand Ave, schedule status, change orders, progress payments, disputes, site safety, traffic control, �UUflPUNIEU� environmental compliance, and other project -related concerns. The Construction Manager will prepare and distribute meeting agendas and minutes. The agenda will be prepared and emailed, at least 48 hours in advance, to the contractor, City staff, and all other pertinent parties. Meeting minutes will be distributed to all parties within 72 hours after the meeting, or as desired by the City. Miguel Alvarez, our Construction Manager, and the inspector will schedule field meetings, as many times as necessary, to assess and confirm quality control and bid item quantities installed, or items of concern observed by our team during the course of construction. Miguel will document issues (current or potential), findings, requests for changes in scope of work, solutions and resolutions, etc. The goal of these meetings is to resolve issues that may potentially affect the goal - completion of the project on time and within budget. Meeting minutes will be distributed to all parties in the same manner, as note previously. Supervision, Scheduling, and Problem Resolution Our team will supervise the contractor and subcontractors' construction operations -during the City - approved working days for the project. We also will constantly review the project schedule to determine if the project is on schedule and to resolve all problems with the contractor. Our inspector(s) will be assigned the task of constantly and promptly advising Miguel Alvarez of any construction or other potential issue. The goal is to resolve any issue in an effective and prompt manner before it escalates with the potential to affect the successful completion of the project. Coordination with City Staff, Contractor and Other Stakeholders To minimize any complaints from concerned citizens, it will be necessary to coordinate with the City, the contractor, and other stakeholders to ensure that proper public notification is provided. Effective coordination will also help mitigate any short-term construction -related impacts that may be associated with the project. We will ensure proactive relations during construction, using advisories and periodic updates to keep all parties, including residents affected by construction works, well informed, and to minimize delays or interruptions to the project. Our construction inspector(s) will closely monitor the work of the contractor. The contractor will be required to submit construction schedules at the pre - construction meetings, and to submit revised schedules as the Construction Manager deems necessary. Labor Compliance The task of labor compliance, although no federal funding is appropriated to this project, will only be performed in a random spot-check fashion. Information collected by our team will include personnel names, labor classification of work performed, number of hours worked on a particular date covered by a report period. Miguel will ensure there is compliance with the Department of Industrial Relations requirements and he will coordinate reporting with the City's Labor Compliance Officer, if required. Document Control Plan Complete and current project files will be kept at a central location at our San Gabriel Valley Office, or at a location agreeable to the City; all project documents will always be available to the City. All document files will consist of the contract, correspondence relating to or modifying the contract, ,4ggh, clarifications, permits, logs, reports, RFls, field orders, change orders requests (CORs), page 14 Proposal for Construction Management, Construction Inspection, Geotechnical Et Materials S E M f Testing Services for Walnut Grove Ave. Resurfacing Project " d Phase I, from Marshall St. to Grand Ave. .,� approved construction change orders (CCOs), claims information, daily inspection reports, quantity calculations, progress payment requests, stop payment notices, test reports, etc. Our team will prepare a detailed log to track any and all issues, change management, RFIs, submittals, digital data and scanned documents. This detailed tracking system will enable us to provide an accurate assessment of the progress to the City with recommendations to maintain or improve adherence to the approved project schedule. Contract Time Monitoring Using the Statement of Working days and inspectors' daily reports, Miguel and the inspector will closely monitor the number of cumulative workings days remaining at the end of each working day and at the week's end. This tool, the Statement of Working Days, which includes information such as non -working days due to weather, City -observed holidays, utility delays, unforeseen conditions that merit a delay, strikes, union labor disputes, and/or material shortages, will serve as a valuable tool to keep a written record of the project progress at any point. The Construction Manager will keep a written record that will include anticipated changes to the character of the work, disputed work, and/or potential claim(s). These records will be maintained in a dedicated server folder. Plans, Specs and As-Builts Infrastructure Engineers will periodically review the contractor's as -built updates on the approved job plan set, identify missing items,and require the contractor to keep as -built records up to date throughout the project. At the City's option, Infrastructure Engineers will keep its own set of as -built plans, which will note the location of subsurface utilities encountered and/or installed, identify where any design or field changes were required (utilizing the corresponding RFI and/or change order numbers), and note the location of critical construction areas that are covered by finish work. Miguel will assist the contractor in maintaining a field set of as -built plans as necessary and deliver them to the City upon project completion Change Orders Infrastructure Engineers will establish, implement, and coordinate a system for processing all Contract Change Orders (CCOs). The Construction Manager will determine whether a change order request should be considered. The plans and specifications will be reviewed against the change order request. If the issue does not appear to be included in the plans or specifications, a Request for Change Order (COR) will be sent to the contractor. The contractor's response to the COR will be evaluated for reasonableness and completeness. The Construction Manager will maintain a Log, listing potential changes as identified, either formally or informally. This Log will be used such that potential change items are not overlooked or deferred until the end of the job. Upon approval by the City, the Construction Manager will prepare, log and process change orders for full execution, and will administer their implementation. Once fully executed, the Construction Manager will review the timely completion of the work and coordinate inclusion of the change order in the appropriate payment application. Progress Payment Processing A cost control system based on the contractor's schedule of values, approved change orders and the contract amount will be developed and implemented to monitor progress costs. The Construction Manager and inspector will review the payment applications submitted by the contractor, check and verify construction quantities using measurement of bid items and verification of the quantities installed as noted by the construction inspector in his signed page 15 Proposal for Construction Management, Construction Inspection, Geotechnical Et Materials 5 i M F Testing Services for Walnut Grove Ave. Resurfacing Project ° ' a Phase I, from Marshall St. to Grand Ave. -P1 4 daily reports. The construction inspector daily reports and measurements will determine UF �R�w„Qo•swhether the amount requested reflects the progress of the contractor's work. Appropriate adjustments to each payment application will be required by the contractor. Requests for Information (RFIs) The Construction Manager will log, distribute and respond to each Request for Information (RFI) as required. It is anticipated that most RFIs will be responded to within 48 hours. Infrastructure Engineers will identify potential impacts to cost or time that may result due to issues identified in RFIs, with recommended alternatives or solutions to mitigate the potential impacts. NPDES and SWPPP Our team will be responsible for developing and approving SWPPP plans so all pollutants and their sources, including sources of sediment associated with construction site erosion and all other activities associated with construction activity are controlled. Best management practices implemented by the contractor will be closely reviewed for approval, monitored, and enforced by our construction inspector -and/or the Construction Manager. - - -- - Public Inquiries/Complaints Infrastructure Engineers' Construction Manager will set up a protocol for public communication with the City's Project Manager and establish a complaint response protocol prior to the start of any project. Of course, the proposed protocol will not be implemented until it is reviewed/approved by the City of Rosemead. The Construction Manager will maintain a log of any and all communications with the public and provide information to the City as it becomes available. Submittal Processing The Construction Manager will process all correspondence and submittals on this project with assistance from our project administrator. Miguel will maintain the current submittals for verification that work in the field is following the approved submittals. All shop drawings, samples and other submittals received from the contractor will be logged in and reviewed for approval. Prior to starting the Work, we will go through the submittal list and work out any issues with the content prior to commencing any work. Responses will be logged in and transmitted to the contractor using our standard transmittal forms or City -approved forms. Submittals will be tracked throughout the project to ensure timely response to avoid contractor claims of delay. All submittals will be expedited utilizing electronic delivery. Job Safety Safety is paramount. Our inspectors will attend the contractor weekly tailgate meetings. The Construction Manager will review contractor's safety plan and implement a tracking system to monitor that the contractor follows it to the letter. Periodic Progress Reports Infrastructure Engineers can prepare comprehensive reports for the project stakeholders covering the construction projects that we are inspecting. These reports are typically compiled monthly and would include the following information: ♦ Summarized report of construction activities including significant events and accomplished goals ♦ Construction observation reports ♦ Description of progress with photos to enhance the descriptions page 16 Proposal for Construction Management, Construction Inspection, Geotechnical it Materials E Testing Services for Walnut Grove Ave. Resurfacing Project °. 14 ' d Phase I, from Marshall St. to Grand Ave. ♦ Description of equipment used °"^°^ "° ♦ Comparison of planned vs. actual budget expenditures ♦ Report of progress payments made to date and invoices in process ♦ Analysis of change order impacts or potential problems on schedule and budget progress, and completion date. Construction Photographs Infrastructure will prepare and maintain an electronic photo journal documenting the construction progress. Photos will be taken before construction begins, during construction and upon completion of the project. QA/QC Quality assurance and quality control (QA/QC) are top priorities for Infrastructure Engineers. To ensure the highest quality of services, our team will implement a comprehensive QA/QC program. Our -Construction Manager has extensive experience in providing and overseeing the implementation of Infrastructure Engineers QA/QC program. Miguel will review the design drawings, estimates, specifications, reports, and any other documents being delivered to the City for accuracy and completeness. He will assure constructability and compliance with the City of Rosemead. In addition, Miguel will provide daily supervision and guidance to the entire team. Regular progress review meetings will be held internally by Infrastructure Engineers to update the project team on project development and critical tasks. Prior to releasing any documents to the City or other agencies, an extensive review will be performed by our team. Materials Testing and Observations As a key component of our team, we are partnering with PA & Associates, Inc., as our geotechnical engineering, environmental, and material inspection subconsultant. Infrastructure Engineers has been utilizing the services of PA & Associates on many of our projects for several years and we have full confidence that they will provide the necessary preventive measures and cost-effective solutions to engineering and environmental problems that may arise related soil, geologic, material testing and inspection on this project. Final Walk-through, Project Completion Report and Project Closeout Miguel and the inspector will perform the final job walk and prepare the punch list. Should the contractor delay on a portion of the completion of project work, Infrastructure Engineers will estimate the value of the incomplete items and recommend specific retention amount in accordance with the contract to preserve the City's financial interest. The Construction Manager will prepare a final report identifying all project costs and final cost status, complete an as -built schedule, final project photos, punch list of deficiencies and status summary of all change orders, etc. We will ensure that documents are organized, indexed, and complete prior to transferring to the appropriate agencies. More specifically, at a minimum, the Construction Manager will provide the following tasks: ♦ Recommend when work is ready for a final inspection ♦ Walk the job with the contractor, City staff, and all stakeholders after the project is complete to ,020, produce a punch list of items requiring correction by the contractor Page 17 Proposal for Construction Management, Construction Inspection, Geotechnical I* Materials S E M f Testing Services for Walnut Grove Ave. Resurfacing Project Phase I, from Marshall St. to Grand Ave. } ♦ Follow through with certification that all items have been completed and it would be recommended to the City to accept the project ♦ Ensure that copies of record drawings, along with an electronic version, are submitted to the City ♦ Organize and finalize the project's record drawings, contract bid items, change orders and claims, if any, and provide the City with all documents in case of an audit or other needs ♦ Assist the City with receiving all construction records and files and archive accordingly, if requested ♦ Assure the City receives an electronic version of all project drawings ♦ Resolve any outstanding issues with the project including change orders, claims, and all other items ♦ Complete job documentation as required by funding agencies ♦ Resolve and final out all prime contractor and subconsultant claims, invoices, and purchase orders ♦ Obtain affidavit of payment from all trade contractors ♦ Obtain Unconditional Waiver and Release Upon Progress Payment from the contractor ♦ Conditional Waiver and Release Upon Final Payment ♦ Obtain lien wavers from subconsultants ♦ Process lien bonds if required ♦ Produce and transmit to the City all final reports including completion of the project and City acceptance thereof Warranties and Guarantees We will track all material warranties and guarantees identified in the specifications and make sure that we receive the required scope of these as well as the correct number of these documents with contact information, product names and manufacturer's representative and contact information. It is recommended that the City include a follow up schedule to have warranty items checked prior to their anniversary date so that any issues can be resolved under the contract warranty. These will be included in a binder as well as electronically stored for the City. Progress Payment Processing A cost control system based on the contractor's schedule of values, approved change orders and the contract amount will be developed and implemented to monitor progress costs. Miguel and the inspectors will review the payment applications submitted by the contractor, check and verify construction quantities using measurement of bid items and verification of the quantities installed as noted by the construction inspector in his signed daily reports. The construction inspector daily reports and measurements will determine whether the amount requested reflects the progress of the contractor's work. Appropriate adjustments to each payment application will be required by the contractor. When the payment application has been thoroughly reviewed by the Construction Manager and inspector(s), and corrected, if needed, by the contractor, Infrastructure Engineers will present it to the City for payment processing. 1W page 18 Proposal for Construction Management, Construction Inspection, Geotechnical Et Materials s E M F Testing Services for Walnut Grove Ave. Resurfacing Project Phase I, from Marshall St. to Grand Ave. P Construction Inspection Approach Construction inspection is all about the, inspector properly capturing daily construction activities performed by the contractor and subcontractors, and then concisely, effectively and clearly documenting them in the daily inspection reports. The inspector is onsite to observe and confirm the quality and quantity of installed bid items of the field work. Key activities include: Daily Construction Observation Reports The inspector will compile daily observation reports documenting the contractor's workforce, details prior to construction starting, all materials and equipment used or idle, a summary of the construction operations, any field problems, any disputes or claims, resolutions of issues, and information provided or written directives to the contractor. Completed daily reports will be transmitted to the City on a weekly basis with originals filed and stored appropriately. Our Construction Manager Will review and approve all daily reports. We typically include job photos with each daily report and categorize them by date and location for electronic storage and `searchability' by title date, location, or key words on the computer. Weekly Statement of Working Days Infrastructure Engineers' inspectors will prepare a weekly statement of working days documenting the construction progress, time of completion, delays and time extensions, and submit to contractor and the City on a weekly basis. The weekly statement of working days is typically discussed and agreed upon at each progress meeting and transmitted as an attachment to the minutes. NPDES and SWPPP Infrastructure Engineers staff will make sure that the approved Storm Water Pollution Protection Plan (SWPPP) is distributed to the contractor and City staff, check that the project is loaded on the State's database, and that the project complies with the approved Water Quality Management Plan. Infrastructure Engineers will enforce all provisions of the plan and other requirements set forth in the specifications. Infrastructure Engineers staff are well versed in National Pollutant Discharge Elimination System (NPDES) monitoring through provision of dedicated services for oversight of developers and . contractors on behalf of several public agencies. In addition, Infrastructure Engineers' personnel have Qualified SWPPP Practitioners (QSP) certification, and will prepare and execute the,necessary weekly reports as well as mandated pre- and post -storm reporting as needed. Testing and Observations Our inspectors will monitor testing services, track documentation and record testing results in weekly construction progress meetings. When necessary, corrective measures will be implemented then re- inspected to verify acceptable completion.We will review test reports submitted by our subconsultant or others to substantiate compliance and ensure that Certificates of Compliance or source release tags are furnished by the contractor along with the applicable delivered materials at the project. Page 19 Proposal for Construction Management, Construction Inspection, Geotechnical Et Materials 5 E M F Testing Services for Walnut Grove Ave. Resurfacing Project o-►; ' ° Phase I, from Marshall St. to Grand Ave. AV �'OKronnn "" Section 2 - Project Team, Key Personnel and Resumes The staff we have proposed for this contract are all veterans in construction management and inspection, having worked on a wide variety of public works projects. In addition, they have all worked together on similar projects in the past. The organization chart, below, illustrates how our team will communicate with the City and within the team. Resumes for these staff follow on page 11 and present the qualifications and experience of our team. Organization Chart S [ M F i' '�O+ronuco"♦' page 110 Proposal for Construction Management, Construction Inspection, Geotechnical £x Materials M . Testing Services for Walnut Grove Ave. Resurfacing Project Phase I, from Marshall St. to Grand Ave. M��Mpl1l0 �Miguel Alvarez, PE Construction Manager Education Miguel Alvarez has years of Construction Management and Resident BS, Civil Engineering, Engineer experience. During these years, he gained valuable experience California State University, in a variety of construction projects, including construction of roadways, Long Beach street improvements, new parks, storm drain and sewer systems, Registrations/Certifications waterworks, traffic signals improvements, and HVAC systems using Registered Civil Engineer, various asphalt concrete treatment applications and PCC paving, CA, No. 79638 concrete structures, and buildings. Miguel has spent most of his career in Years of Experience: 18 service to municipalities in Los Angeles County. He has held management positions in which he has been responsible for budgets, staff management, equipment, public works projects, design and construction and quality control. Relevant Experience Water Main Replacement Project, City of Huntington Park As Construction Manager/Resident Engineer, Miguel manages day-to-day field operations, ensures the correctness of the project records, contractor's monthly payments, issues and administrates Contract Change Orders, negotiates and resolved potential claims, monitors the project schedule, and ensures that the design intent of the projects are met, conducts safety inspection of the project and holds safety tailgate meetings. Firmona Avenue Street Improvement and Storm Drain Project, City of Lawndale Miguel served as Resident Engineer/Construction Manager for this street improvement project to improve safety for those who walk, bike, and drive in the neighborhood. Scope of work included removal and replacement of sidewalk, curb and gutter, street trees, regulatory signs, curb ramps, striping, and new pavement, which included manhole and valve adjusting. Miguel also served as Resident Engineer/Construction Manager during the installation of approximately 1,700 linear feet of new reinforced concrete pipe (RCP), nine catch basins, and manholes on Firmona Avenue between Manhattan Beach Boulevard and 162nd Street. Other related items included AC pavement, striping, and connector pipe screens; and a new portion of storm drain pipe connected into the larger main line storm drain system on Manhattan Beach Boulevard under the jurisdiction of Los Angeles County Department of Public Works Flood Maintenance Division. Challenges overcome included unreported underground wet and dry utilities via surgical coordination with various utility companies. Project successfully completed with minimum budget overruns. Associate Engineer, City of Lynwood Among his many duties as a Civil Engineer for the City of Lynwood, Miguel assisted in the design of engineering plans, specifications and estimates for public works projects; designed, managed, administered, and inspected the citywide striping CIP project; planned, designed, managed and inspected citywide in -pavement lighted crosswalk project; managed, administered and inspected various water and street CIP projects; coordinated contractor bidding and selection process for CIP projects; prepared design drawings for grading, water, street, sewer, curb/gutter, and sidewalk projects; reviewed and processed tentative and final subdivision maps for compliance; and processed payment, .ems. change orders and RFIs submitted by contractors. page 111 Proposal for Construction Management, Construction Inspection, Geotechnical Et Materials 5 E M F Testing Services for Walnut Grove Ave. Resurfacing Project ' d Phase I, from Marshall St. to Grand Ave. �►� Raymond R. Abassi, PE, TE, QSP/QSD Principal -In -Charge Education MS, Transportation BS, Civil Engineering Registrations/Certifications Registered Civil Engineer, CA, No. 48091 Registered Traffic Engineer, CA, No. 1759 QSP/QSD No. 41797 Years of Experience: 35 Relevant Experience Raymond Abassi has more than 35 years of professional experience in both civil and traffic engineering design, as well as project management. His professional certifications include professional civil engineer, traffic engineer, and storm water management. Ray has worked on hundreds of street improvement designs involving investigations, studies, design plans and specifications, construction documents, and quality assurance as well as taking projects through the bid process and construction management. He has also provided construction oversight associated with infrastructure improvements, such as pavement, drainage, utilities, and onsite water and wastewater systems. Project Manager, Various Projects, City of Montebello Manager supporting City engineering efforts on a variety of work including final design PS&E for street improvements and pavement rehabilitation. Projects included: Prop C Street Rehabilitation. Several arterial streets were rehabilitated by various methods based on geotechnical recommendations and available budget. These included areas of slurry seal, milling and overlay, and selective areas of reconstruction. Wilcox Street Widening. Widened both sides of the existing street from Beverly Boulevard to Lincoln Avenue (approximately 1,700 feet) to accommodate an additional lane in each direction. This project required the existing parkway to be removed, right-of-way acquisition, numerous utility relocations (on public and private properties), and existing pavement rehabilitation. Traffic Signal Modifications along Wilcox Street (Beverly Boulevard Lincoln Avenue, and Westmoreland Street). Three separate signal modifications included relocating existing equipment and upgrading standards and functionality (adding protected left -turns; improving lane storage and designation; and improving phasing). Contract City Traffic Engineer, City of Montebello Ray provided traffic engineering expertise to help the City implement many safety improvements, including intersection traffic signal modifications and traffic signal timing. He conducted studies involving neighborhood traffic calming, stop sign warrant analysis, speeding, and cut -through traffic. He would attend the Traffic Safety Commission and the City Council meetings providing needed expertise to help the Council members and Commissioners decide on traffic -related issues. page 112 Proposal for Construction Management, Construction Inspection, Geotechnical Et Materials 5 E M F Testing Services for Walnut Grove Ave. Resurfacing Project T-, A ' a Phase I, from Marshall St. to Grand Ave. TIPPTip Mossad Rizkalla qoa•,.o•.� Senior Inspector Education BS, Telecommunication Engineering Certified - Construction Project Management Registrations/Certifications ICC - Master of Special Inspection ICC - Reinforced Concrete ICC - PT Concrete ICC - Structural Masonry ICC — Structural Bolting ICC - Structural welding ICC — Spray -applied Fire Proofing Special Inspector ACI - Field Test Technician Years of Experience: 14 Mossad is a bilingual senior special inspector with 14 years of experience in construction management and inspection. Projects he has worked on have consisted of both residential and commercial structures and have included reinforced concrete, post -tensioned concrete, structural masonry and shotcrete inspection. Mossad has managed and supervised all activities of job sites, set-up project plans, purchase orders, required staffing and conducted job -site meetings. Relevant Experience Water Main Replacement Project, City of Huntington Park As Senior Inspector, Mossad performed inspection services on this project to install an 8 -inch water main. Additional activities included inspection of --installation-of fire -hydrants; _replacement -of _ 350_ water_ lateral services with_ new meters and meter boxes; removal and construction of new curbs, gutters, sidewalks, and curb ramps; grinding AC pavement; pavement overlays; and striping. HSIP Cycle 8 — Various Intersection Improvements, City of Bell Gardens Mossad served as Senior Inspector on this effort to improve safety for those who walk, bike, and drive in the community as part of Caltrans' Highway Safety Improvement Program (HSIP). Responsibilities included preparation of daily reports, review of change orders and progress payment requests, and coordinating soils testing service. The scope of this project included design, geotechnical investigation, survey, project management, bidding, award of contract, construction management and inspection, and labor compliance. Garfield Avenue Improvement Project, City of Bell Gardens Mossad served as Senior Inspector for this major arterial roadway improvement and pavement rehabilitation in Bell Gardens. The project consisted of pavement rehabilitation, new landscaped median islands, bus pads, ADA improvements, sidewalk and curb and gutter improvements, roadway safety improvements, and signing and striping. Frankel Avenue (Bluff Rd. -5th St.) and 16th Street (Madison Ave. -Harding Ave.) Street Improvements (FY 2015-2016), City of Montebello Mossad's responsibilities included preparation of daily reports, review of change orders and progress payment requests, and coordinating soils testing service. The scope of this project included design, geotechnical investigation, survey, project management, bidding, award of contract, construction management and inspection, and labor compliance. Home 2 Suites - Building and Public Works Inspection, City of Montebello As Senior Inspector, Mossad provided Building and Public Works inspections for: excavation, grading, soil compaction, rebar reinforcement, post -tension cables, reinforcing concrete, PT cables stressing, performed ACI duties if needed, arranged with the laboratory to send technician to do samples and get the results from the lab, structural masonry and structural steel welding. Attended construction meetings, followed up on RFIs, provided detailed daily reports. page 113 Proposal for Construction Management, Construction Inspection, Geotechnical Et Materials s M f Testing Services for Walnut Grove Ave. Resurfacing Project Phase I, from Marshall St. to Grand Ave. P Jorge Roque �A ....... Senior Construction Inspector Jorge Roque has 45 years' experience in design and engineering of Education streets, highways, and land improvement projects. He has managed Civil Engineering capital improvement projects, overseen inspection and quality assurance, Years of Experience: 45 and provided plan review and calculation checks for grading, infrastructure, and roadway improvements. Relevant Experience Montebello Boulevard Bike Lane and Sidewalk Improvement Project, City of Montebello As Senior Construction Inspector for this project to widen Montebello Boulevard and add a bike lane, Jorge composed daily inspection reports, maintained close coordination with contractor, responded to RFIs in a timely manner, drew construction details, performed construction staking, maintained close measurements of quantities performed in the field, and reviewed progress payments for payment recommendation. Activities included excavation of 8,000 cy of dirt and construction of 600 LF of 5 -ft high retaining wall, raised median installation with decorative percolation system and landscaping, construction of reclaim water line, grind and overlay of approximate 500,000 sf ground and 10,000 tons of AC, and relocation of water lines, gas lines and streetlights. Washington Boulevard Street Improvements, Phase 2 from West City Limit to East City Limit, City of Montebello Jorge was one of three inspectors for this project; he was responsible for onsite construction management and contract administration, including Notice -to -Proceed issuance, review of change orders and progress payments as well overseeing compliance with project's plans and specifications, compliance with City's requirements and ordinances (hours of work, noise ordinance, etc.) and general performance of the contractor. Provided daily inspection reports, which clearly identified daily activities, work accomplished, number of employees and equipment on the job and issues and concerns during the project. Walnut Creek Nature Park, City of Baldwin Park Jorge provided construction inspection for the newly restored Walnut Creek Nature Park. He was responsible for onsite construction management and contract administration, including review of change orders and progress payments as well overseeing compliance with project's plans and specifications, compliance with City's requirements and ordinances (hours of work, noise ordinance, etc.) and general performance of the contractor. Provided daily inspection reports, which clearly identified daily activities, work accomplished, number of employees and equipment on the job, and issues and concerns during the project. Corak Street Storm Drain Project, City of Baldwin Park The project involved the installation of 2,000 linear feet of 24 -inch concrete storm drain line, installation of 4 catch basins, various junction structures, rehabilitation of roadway, construction of open channel drainage easements, removal and replacement of private property structures and various ADA improvements. As Senior Construction Inspector, Jorge was responsible for onsite construction management and contract administration, including review of change orders and progress payments as well overseeing compliance with project's plans and specifications, compliance with City's requirements and ordinances (hours of work, noise ordinance, etc.) and general performance of the contractor. Provided daily inspection reports, which clearly identified daily activities, work Alak accomplished, number of employees and equipment on the job and issues and concerns. page 114 Proposal for Construction Management, Construction Inspection, Geotechnical Et Materials 5 M E Testing Services for Walnut Grove Ave. Resurfacing Project Phase I, from Marshall St. to Grand Ave. 'ykr 4� Imad Zureiqat Senior Inspector Education MS, Engineering Registrations/Certifications: Engineer -in -Training, CA Special Inspector Certificates: Structural Masonry, Reinforced Concrete, Prestressed Concrete ACI Field Technician Grade 1 Certificate General Building Contractor License (B) Division of the State Architect (DSA) Regulations & Procedures (Part I, II, III) Years of Experience: 24 Imad Zureiqat has 24 years of experience in construction inspection and resident engineer tasks. He has been responsible for preparation of plans, cross-sections, details and specifications for various civil and landscape projects. Imad has coordinated with other engineering disciplines, responded to plan check comments and prepared material, take -off and, cost estimates. Relevant Experience Water Main Replacement Project, City of Huntington Park Imad performed inspection services on this project to install 10,000 LF of 8 -inch PVC water main. Additional activities included construction of fire hydrants, replacement of 350 water lateral services with new meters and meter boxes, removal and construction of curbs and gutters, sidewalks, curb ramps, grinding AC pavement, overlays, striping, etc. Imad reviewed progress payments, verified all quantities and approved them. He also prepared daily and weekly reports. ATP Cycle 3 Project at Pacific Ave and Maine Ave, City of Baldwin Park As construction inspector, Imad's duties included the removal and construction of sidewalks, curbs and gutters; relocation of catch basins; rain gardens and planters construction; construction of traffic loops; grinding in AC pavement and construction overlays, striping and signs; replacement of pedestrian push buttons. Imad endured compliance with plans, specifications and the contract; oversaw traffic control, and provided.daily log and inspection report entries, including pictures of the project. As well, he reviewed and reported contractor claims, prepared weekly update reports, and reviewed contractor's invoices, verified completed work, and approved all quantities. Maine Avenue Improvement Project, Phase I, City of Baldwin Park Imad provided construction inspection of this project to create neighborhood -friendly pedestrian and bicycle linkages. The sidewalks were widened by 2 feet, continuously on each side of the roadway and curb extensions were incorporated into the parking lanes at intersections. Utilities were placed underground and the driveway ramps were reconstructed to provide flat sidewalk paths. Pedestrian - scale lighting every 75 feet and intersections were installed along with new crosswalk markings, signal improvements, ADA Ramps, and a roundabout with safety islands for pedestrians and bicyclists. Long Beach Boulevard Improvement Project, City of Lynwood Imad served as construction inspector for the resurfacing of 192,779 SF with a section of 2 -inch AC top course and 1 -inch AC leveling course. Other improvements included 4 -inch sidewalk, driveway approaches, cross gutters, curb and gutter, curb ramps, and construction of six new bus pads. He provided compliance with plans, specifications and the contract; oversaw traffic control, and provided daily log and inspection report entries. Mines Avenue Street Improvements (Montebello Blvd. -Greenwood Ave.), City of Montebello Imad provided construction inspection, preparation of daily reports, review of change orders and progress payment requests, and coordinating of soils testing services. The project involved roadway improvements, and pavement rehabilitation with concrete improvements of Frankel Avenue from Bluff Road to 5th Street and 16th Street from Madison Avenue to Harding Avenue. I V page 115 Proposal for Construction Management, Construction Inspection, Geotechnical It Materials S E ^ F Testing Services for Walnut Grove Ave. Resurfacing Project ° Phase I, from Marshall St. to Grand Ave. Arsenio Frontela 0aon,fea+"' Lead Inspector Education With over 30 years of experience, Arsenio Frontela is an expert in Caltrans Architectural Design & Standard Specifications and well-informed of the Greenbook. Arsenio takes Technology Associate Degree pride in his ability to manage both the creative and financial aspects of Architectural Degree construction projects. Areas of expertise include: International Conference of Building Officials (ICBG), 1993 ♦ Performing utility coordination, field engineering, and inspections Simpson for Building ♦ Coordinating with multiple contractors on construction issues Official/Inspector, 1993 ♦ Implementing contract requirements and permits from different United States Army Corps of agencies Engineers (USACE) Construction Quality ♦ Budgeting and monitoring resource allocations Management for Constructors, 1999 ♦ Communicating with funding agencies, city officials, public and other Building Inspector UBC, 2003 stakeholders Years of Experience: 32 ♦ Monitoring project -funds and contingency balances ♦ Identifying, processing and negotiating Change Orders ♦ Preparing and maintaining detailed field inspection and safety reports ♦ Reviewing CPM schedules ♦ Auditing and approving shop drawings ♦ Implementing SWPPP requirements and NPDES provisions ♦ Conducting final inspections of project and preparing punch lists to verify project completion Relevant Experience Public Works Associate, City of Lynwood Arsenio performed the following duties for dozens of projects in the City of Lynwood: Plan checked work submitted by outside consultants, contractors and engineers for conformance to established standards, code requirements and specifications; assisted with the preparation and development of department operating and capital improvement budgets; controlled budget expenditures; prepared plans for street reconstruction/rehabilitation projects; prepared plans for street water main rehabilitation; managed various CIP projects, parks and City -owned facilities; supervised subordinate professional, technical and clerical staff, consulted with contractors regarding change orders, progress payments, and negotiated settlement of differences; used computer spreadsheets, databases, word processing and computer assisted drafting software to generate engineering reports and plans; prepared and obtained quotes and bids for the purchase of materials and tools as needed for the Building Maintenance Division; and developed quantity and financial estimates to ensure project costs met budget goals or came in under -budget. Miscellaneous Roadway Improvement Projects, City of Downey As a contractor, Arsenio provided consultant work for the City of Downey and served as project manager on numerous projects including Lakewood Boulevard Improvement Project, Firestone Boulevard Pavement Repair Project, and the Rio Hondo River Pedestrian Access Ramp Project. page 116 Proposal for Construction Management, Construction Inspection, Geotechnical Et Materials E M f Testing Services for Walnut Grove Ave. Resurfacing Project j ' o Phase I, from Marshall St. to Grand Ave. Aidan Mousavi, PE, QSP/QSD NPDES Education BS, Civil Engineering MBA, General Registrations/Certifications Registered Civil Engineer, CA, No. 91136 QSP/QSD No. 91136 Years of Experience: 8 Relevant Experience Aidan Mousavi has spent the greater part of his career providing civil engineering assistance to Public Works and Engineering Departments. He is experienced in inspecting construction projects and industrial facilities for compliance with storm water regulations, particularly the California Construction General Permit. He ensures site compliance with all applicable NPDES General Permits, the project's SWPPP, Water Pollution Control Diagrams and other applicable requirements. Aidan is familiar with municipal protocols and works within these structures to conduct field inspections and develop annual compliance reports. Engineering Supervisor, San Gabriel River Bikeway Environmental Services and Permits, City of Baldwin Park Aidan is responsible for developing and approving SWPPPs so all pollutants and their sources, including sources of sediment associated with construction site erosion and all other activities associated with construction activity, are controlled. Best management practices (BMPs) provide effective reduction or elimination of pollutants in stormwater discharges. Post -construction BMPs are identified and installed during construction and are intended to reduce or eliminate pollutants after construction is completed. Developes methods to implement BMP inspection, visual monitoring, Rain Event Action Plan (REAP) and Construction Site Monitoring Program (CSMP). SWPPP Inspector, NPDES Storm Water Program Inspection, City of Baldwin Park Our team conducted a routine visual inspection for point -source pollution control. The goal of this inspection was to prevent the discharge of pollutants associated with business activities from entering the City's storm drain system. Aidan conducted all necessary inspections for the City of Baldwin Park and provided the appropriate reports. Project Manager, NPDES Annual Report, City of Montebello With the collaboration of engineering, code enforcement, building, street maintenance, planning, and relevant contracted services, Aidan developed the Annual Report for the City, identifying methods used to meet compliance as well as providing calculations for scientific justification. Project Manager, NPDES Watershed Management Plan and Integrated Monitoring Program Coordination, City of Bell Gardens Aidan worked with a variety of agencies to customize the City of Montebello's storm water programs by using BMPs to achieve compliance. He assisted with training and presentation of the requirements of the MS4 Permit to all maintenance staff and inspectors. Aidan coordinated with the Los Angeles County Flood Control District and seven other cities in Los Angeles County and worked on developing the strategy, design, and implementation of a Watershed Management Program and a Coordinated Integrated Monitoring Program. Aidan attended all regular watershed meetings, representing the City of Bell Gardens, as requested by the City. He also provided commercial and industrial permit inspections for all eligible businesses in the City of Bell Gardens; he provided the businesses with educational material and advised them on how to comply with the MS4 permit. Aidan also conducted audits and provided the reports, as required by the permit. page 117 Proposal for Construction Management, Construction Inspection, Geotechnical ft Materials 5 Q M F Testing Services for Walnut Grove Ave. Resurfacing Project Phase I, from Marshall St. to Grand Ave. Nathan Kirby Administrative Support Education Most of Nathan Kirby's career has been spent in service to municipalities in Business Administration Los Angeles County. He has held positions in which he has been responsible Years of Experience: 3 for administrative duties related to public works projects, construction, and quality control. Relevant Experience Complete Street Improvements on Maine Avenue Project, City of Baldwin Park Nathan served as project assistant on this project, for which the scope of work included removal and replacement of sidewalks, curbs and gutters, driveway approaches, catch basins, and manholes, rain garden, landscape and new pavement, including manhole adjusting and streetlight system. Responsible for preparations and/or organization of all construction documents including Contract Change Orders, Meeting Agendas, Progress Payments, Project Budgets, RFI's, right-of-way maps, Daily Reports and Weekly. Statements. Garfield Avenue Improvements Project, City of Bell Gardens Nathan served as project assistant for the removal and replacement of sidewalk, curb and gutter, traffic loops, regulatory signs, curb ramps, and new pavement, which included manhole and valve adjusting. Responsible for preparations and/or organization of all construction documents including Contract Change Orders, meeting agendas, progress payments, project budgets, RFIs, right-of-way maps, daily reports and weekly statements. ATP Cycle 2 Uncontrolled Crosswalk Pedestrian Safety Enhancements Improvements Project, City of Huntington Park Nathan served as project assistant. Scope of work included removal and replacement of traffic signal systems, vehicle and pedestrian heads, cabinets, controllers, pedestrian push buttons, curb and gutter, curb ramps, flashing beacon, HAWK signal, street name signs, traffic striping and tree removal. Responsible for preparations and/or organization of all construction documents including Contract Change Orders, meeting agendas, progress payments, project budgets, RFIs, right-of-way maps, daily reports and weekly statements. Water Main Replacement Project, City of Huntington Park Nathan served as project assistant on this project that included removal and replacement of concrete sidewalk, curb and gutter, driveway approaches, curb ramps, 8 -inch and 10 -inch water main line, water meters, water service lines, tree pruning, and new pavement as well as manhole and valve adjusting. Responsible for preparations and organization of all construction documents including Contract Change Orders, meeting agendas, progress payments, project budgets, RFIs, right-of-way maps, daily reports and weekly statements. page 118 Proposal for Construction Management, Construction Inspection, Geotechnical Et Materials 5 E M f Testing Services for Walnut Grove Ave. Resurfacing Project Phase I, from Marshall St. to Grand Ave. MNPoRF¢V.Y'n Section 3 - Company Qualifications The engineering design, construction management, and inspection of street improvements and replacements are core disciplines for Infrastructure Engineers. Cities rely on us to assist them with this important infrastructure; as such we have completed dozens of projects similar to the City's street resurfacing project. In addition, because our staff are veteran construction managers, and because we also procure funding for our clients, we are adept at ensuring funding mechanism and labor compliance on projects. Infrastructure Engineers Advantages Construction Engineering and In-house Engineering Judgment to Overcome Complex Projects Being a firm owned and -led _by engineers, our in-house engineering _expertise _is__invaluable on __ _____ construction projects for resolving complex issues under pressure. We know from experience the best way to save money for our clients is to get ahead and stay ahead of the key project issues. We are able to provide a seasoned staff to conduct a constructability reviews for every project we oversee and roll all identified issues into a Risk Management Plan. The plan can be used to ensure that we are cognizant of all risks ahead of time and have a preemptive plan to manage them with the least impact to the project. Ability to Handle Project Changes Two characteristics of our team and key staff that contribute to our success are flexibility and responsiveness. We are well accustomed to responding to the changing needs of ongoing construction projects. In additions, we are well accustomed to rapid mobilization of construction field staff, often . within one day. Our planning and management ensure that we are always ready to respond quickly to requests from the field, and we are ready to serve on new projects. We offer the flexibility and responsiveness needed to support the City on this important project. Cost Savings Using Multi -Skilled Staff Infrastructure Engineers offers several proven features and techniques for saving money. To minimize management costs, Infrastructure Engineers provides staff with multiple skills to complete projects with the smallest possible field team. All of our on-site field members are selected based upon their ability to provide expertise in multiple disciplines. For example, our proposed Construction Manager, Miguel Alvarez, PE, not only has the expertise overseeing construction projects from inception to completion, he is an exceptional Resident Engineer and an accomplished civil engineer. .page 119 Proposal for Construction Management, Construction Inspection, Geotechnical It Materials F Testing Services for Walnut Grove Ave. Resurfacing Project Phase I, from Marshall St. to Grand Ave. T?Ipl 4-1w Garfield Avenue Improvement Project, City of Bell Gardens �RPORAIE�A Members of our team provided construction_ management and inspection services in addition to federal - contract compliance for this major arterial roadway improvement and pavement rehabilitation in Bell Gardens. The project consisted of pavement rehabilitation, new landscaped median islands, bus pads, ADA improvements, sidewalk and curb and gutter improvements, roadway safety improvements, and signing and striping. Our team ensured the project was in compliance with plans, specifications, and all construction documents, including approved change orders; monitored and enforced traffic i.. control; maintained and provided change orders, materials submittals, RFI's and change orders logs; daily inspection reports and statement of workings days were also prepared; Infrastructure Engineers prepared and submitted to City Engineer weekly update reports; -reviewed contractor's payment applications, and recommended City to processthemonce completed work was verified and approve. Various Street Improvements, City of Huntington Park Team members provided project management, construction management, inspection and administration services for a number of street rehabilitation projects throughout the City of Huntington Park. The streets involved included the following: ♦ Middleton Avenue ♦ Maywood Avenue ♦ Saturn Avenue ♦ Loma Vista Avenue ♦ State Street ♦ Carmelita Avenue ♦ Pacific Avenue ♦ Fishburn Avenue ♦ Arbutus Avenue ♦ Stafford Avenue HSIP Cycle 8 - Various Intersection Improvements, City of Bell Gardens As part of Caltrans' Highway Safety Improvement Program (HSIP) to reduce injuries and fatalities on roads and highways throughout California, the Infrastructure Engineers' team provided construction management and inspection services for the modification of existing signal systems throughout Bell Gardens - including installation of conduits, pull boxes, new signal heads, sensor units, reprograming of signal controller, traffic striping, markings, and traffic control; hauling and disposal; and all appurtenant equipment and work. Contract administration included preparation of staff reports, ,amah, Notice to Proceed issuance, and page 120 Proposal for Construction Management, Construction Inspection, Geotechnical >:t Materials s E M F Testing Services for Walnut Grove Ave. Resurfacing Project ' Phase I, from Marshall St. to Grand Ave. recommendations for change orders and progress payments. As well, the team prepared "o��op.,tia daily reports, reviews change orders and progress payment requests, and coordinates soils testing. Montebello Boulevard Widening, Bike Lane and Sidewalk Improvement Project, City of Montebello Members of the Infrastructure Engineers' team provided construction management and inspection services on this project to widen Montebello Boulevard to accommodate a new bike lane on the easterly side of the Boulevard. Activities included the excavation of approximate 8,000 CY of dirt to make room for the widening required; construction of 5 FT high retaining wall; installation of a raised PCC median with decorative percolation system and landscaping; traffic signals upgrades; construction of a reclaimed water line from Lincoln Avenue to Jefferson Avenue; relocation of water lines, gas lines and streetlights, grind and overlay of approximately 500,000 SF ground and 10,000 tons of AC; new thermoplastic striping; coordination with Fish and Wild Life to protect nesting of birds due to the potential impact of the roadway widening adjacent to a natural reserve along Montebello Blvd; coordination was also necessary with SCE for the removal and reinstallation of streetlights. Our team prepared daily reports, reviewed change orders and progressed payment requests, and coordinated the required soils testing services. Paving the Way, City of Montebello (Current Project) The project is a series of street improvements throughout the City, primarily local (neighborhood) street segments. Improvements include removal and replacement of curb ramps, sidewalks, curbs and gutters, driveway approaches, cold milling, crack sealing, and street resurfacing. Our team responds to all RFls, attends meetings, and reviews and approves materials submittals and shop drawings. We also thoroughly evaluate change orders to determine the necessity, cost, and negotiate with the contractor to ensure the City receives a fair price. Our inspectors closely monitor the contractor's operations to ensure a quality end product; prepare a daily inspection report that clearly identifies the daily activities, work accomplished, number of employees and equipment on the job, and issues and concerns; verify material delivery tickets and attach to the inspection reports; prepare weekly project progress reports; and review all completed work with the contractor. page 121 Proposal for Construction Management, Construction Inspection, Geotechnical Et Materials . E E Testing Services for Walnut Grove Ave. Resurfacing Project r " Phase I, from Marshall St. to Grand Ave. P Long Beach Boulevard Improvement Project, City of Lynwood MCpAPona°'N The Infrastructure Engineers' team provided construction management, inspection, and labor compliance for the resurfacing of 192,779 square feet of roadway in Lynwood, CA. Additional activities included renovating sidewalks, driveway approaches, curbs and gutters, and constructing six new bus pads. Beautification enhancements included the removal and replacement of 23 trees, construction of landscaping in median islands with irrigation systems, and the installation of a City monument sign. Additionally, existing streetlights were relocated and traffic signals were improved at two intersections. The project was awarded "Project of the Year" in 2020 by the American Public Works Association. Frazier Street Pedestrian £t Bicycle Safety Improvements Project, City of Baldwin Park Infrastructure team members provided construction management and inspection for this project - bringing the project to a successful conclusion. The project included various traffic calming strategies, as identified in the application that was submitted to Los Angeles METRO for award to the City. The project entailed removal and replacement of sidewalks, curb ramps, curbs and gutters, alley approaches, driveways, localized full -depth AC pavement (dig outs), crack sealing, cold -milling of existing AC, and installation of new ARHM paving, installation of new thermoplastic striping, changing Frazier Street to a single lane in both directions to accommodate the pedestrian, and bicycle safety improvements. page 122 Proposal for Construction Management, Construction Inspection, Geotechnical Ft Materials 5 E M F Testing Services for Walnut Grove Ave. Resurfacing Project Phase I, from Marshall St. to Grand Ave. Yro POee/eu`~ Section 4 - Reference List City of Huntington Park Cesar Roldan, Director of Public Works 6550 Miles Avenue Huntington Park, CA 90255 Phone: (323) 584-6320 Email: croldan@hpca.gov City of Lynwood Thomas W. Thornton, PE City Engineer/Director of Public Works 11330 Bullis Road Lynwood, CA 90262 Phone: (310) 603-0220, ext. 834 Email: tthornton@lynwood.ca.us City of Montebello James Enriquez, PE, Director of Public Works 1600 W. Beverly Blvd. Montebello, CA 90640 Phone: (323) 887-1460 Email: JEnriquez@cityofmontebello.com City of Bell Gardens Grissel Chavez, Director of Public Works 8327 Garfield Avenue Bell Gardens, CA 90201 Phone: (562) 806-7770 Email: GChavez@bellgardens.org City of Baldwin Park Sam Gutierrez, Director of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 Phone: (626) 960-4011 Email: SGutierrez@baldwinpark.com Section 5 - Statement of Acceptance of Terms and Conditions Infrastructure Engineers has reviewed the City's standard consultant services agreement. We accept the terms and conditions, and Infrastructure Engineers will comply with all aspects of the Agreement. Section 6 - Addenda Acknowledgement Infrastructure Engineers is not aware of any addenda to the RFP issued by the City. page 123 C) o 0 0 N yoc ca N 0 0 07 ti = L V co j 007 N N M o- a. :., 69- U W O S O 0 LL N N 1� OC. r A N f00 O o Z O F r � a d' W 4-P {+M� M ti "1 � M In GSA Q LL W 0LU O m O O C N O l�0 t+I co C.) O O 0 00 Cl) Q F F- Z Co y = O 00 � O Oco C O 0 C C'i(y f0 l0 to E m O a L U) U o p m O W j - 0 0 0 Z CO)W Q ami N t O o o N co 'OD C7ZG '6 o .0 m �' N P: Z W CO W H 0 0 N I-- J O N N 0 41c QO A ? A M -o c c in o LI.1 W o o o N Q J Z ICL = A .c m A_ "'� en co m v ti W LL. C) h v LULL.Z ad N m — Q Q E c U Z m rn = O E A N U w c W LL F U O O o U' E E CDLu Z O U o 0 mm N � LU @ S C/) m ZS' 2 E Y m O m Z N Q c a O E LY � O y CD a U o a CX .0 E O Z O a' A _ 0 O _ Cn Q -m� U O) y li N Z a U m U m 'U m U 'i5 O W *f 0O O h h vN� u� LU y 2N of Q $ O) C 0 C lco Q a is v in 0 to n a a a d g O cc t A � a, H n c a c 19 U O) N 'p L c O fV U d L N O L � N H a s ea O 0 Gto VJ Q U a` UC) O H PROPOSAL FOR Construction Management, Construction Inspection, Geotechnical & Materials Testing Services for Walnut Grove Ave Resurfacing Project Phase 1, from Marshall St. to Grand Ave. CITY OF ROS MEAD .July 28, 2021 RFP No. 2021-08 OPo(A COVER LETTER KOA Corporation is pleased to submit this proposal to the City of Rosemead for Construction Management, Construction Inspection, Geotechnical & Materials Testing Services for Walnut Grove Ave TO j Resurfacing Project Phase I, from Marshall St. to Grand Ave. City Clerk RFP No. 2021-08. KOA has over 30 years of specialization in CM and City of Rosemead 8838 E. Valley Blvd I inspection work for public agencies. KOA's proposed team has extensive Rosemead CA 91770 experience in CM and Inspection projects for Southern California municipal agencies in several disciplines including but not limited to j those shown on this proposal. i FROM KOA was founded in 1987 and has a staff of 120 working out of six offices Mr. Charles Stephan in the counties of Orange, Los Angeles, Riverside, San Diego, and San Vice President Bernardino. KOA can meet and exceed your goals of completing projects cstephan@koacorp.com on time and within reasonable budgets, while minimizing impact to T: 323.260.4703 residents and businesses. KOA has developed effective methods to F: 323.260.4705' successfully manage contractors to keep the project on schedule; C: 310.525.0678 maintain a high level of quality; avoid change orders wherever possible; and negotiate the most favorable rates for change orders when they become unavoidable. KOA will keep City staff informed at all times and RFP produce relevant information, so Staff always has answers to any Construction Management, questions about the project. Construction Inspection, Geotechnical & Materials KOA has teamed with Twining, Inc. for material testing and special Testing Services for Walnut inspection services, and RTEA & Associates for public outreach. Grove Ave Resurfacing Project Phase I, from Marshall St. to 11 I, Chuck Stephan, PE, will be the Management Contact for this contract. Grand Ave. ; This proposal is valid for 90 days from date of submittal. Thank you for RFP No. 2021-08 1 1 your consideration of KOA's qualifications. If you have any questions, I please contact me directly. DATE July 28, 2021 Sincerely, EIN 95-4515908 C. Stephan KOA Corporation Director of Construction Management Division FIRM BACKGROUND Founded in 1987, KOA is a leading provider in construction rnanagernent, traffic: engineering, and transportation planning services for public: agencies and private sector clients. We offer our clients technical knowledge, innovative solutions and responsive services. The hallmark of our success is our dedication to each and every project and our desire to leave a legacy of extraordinary contributions to our communities. Our staff includes Project/ Construction Managers, Construction Inspectors, Certified 'T'ransportation Planners and Registered Civil and Traffic Engineers. With six offices located in Southern California, KOA has provided engineering services for Borne of the largest public: works and transportation planning projects throughout California, OUR COMMITMENT AND DEDICATION KOA is committed to providing our, best construction n'ianagernent and inspection services for tirriely project completion. We dedicate the necessary resources to C:orrlplete each assignment on--'tirne and within budget, Be assured . that our key personnel will be assigned to each project for its duration and will not be reproved or, replaced by us without concurrence from the City. We maintain close attention to our clients by tracking our contract budgets and schedules on a weekly basis. We also maintain a 6 -month look -ahead by project and personnel in order to proactively identify resource needs and availability. CONSTRUCTION MANAGEMENT KOA has been providing Construction and Project Management Services for rnany types of public works projects for 30 years. Our Construction Managers/ Project Managers/ Inspectors Piave experience in managing new and refurbishment building projects, municipal water systems, sewers, utilities, electrical construction, bridges, highways, heavy civil projects, roadways, transportation projects, and rail. KOA's construction managers apply many years of experience on Caltrans, federal -aid, municipal, utility and private construction projects. Our tearn allows you access to sorne of the Prost, practical Construction Managers and Technicians available. KOA provides all parties with up--to-the.- minute inforrrrat.ion, and is sensitive to the special needs of your community. KOA also provides construction observation services for many types of projects. Our construction inspectors also bring many years of accrued skills in dealing with contractors and keeping the projects on track for timely eciiripletion. CONSTRUCTION INSPECTION AND OBSERVATION KOA provides construction inspection and observation services for a myriad of projects. KOA construction observers have experience with pipelines, bridges, highways, heavy civil projects, roadways, utilities, transportation projects, rail, wharf and port facilities, federally funded projects, and virtually any other type of municipal or public; projects. Our construction inspectors bring decades of accrued skills in dealing with contractors and keeping the projects on track for timely completion. TYPES OF SERVICES Civil Engineering Traffic: Engineering Transportation Planning Active Transportation Highway & "T"ransportation Design Program Management Construction Management YEAR FOUNDED 1987 FORM OF THE ORGANIZATION S Corporation LOCATION OF OFFICES Monterey Park Orange Ontario Sari Diego Culver City La Quinta PROJECT OFFICE LOCATION KOA CM Division 1100 Corl:)orate Center Dr #201 Monterrey Park CA 91754 T: 123.260,4703 F: 323.260.4705 C: 310,525,0678 MAIN CONTACT Chuck Stephan, PE, LEER AP Cori struc:tion/Project Manager Principal Engineer Cell: 310.525.0678 Ofc: 714.573.0317 cstepha n @koacorp.corn TABLE OF CONTENTS COVERLETTER................................................................................................................................. TABLEOF CONTENTS................................................................................................................. 1 SECTION 1. APPROACH AND SCOPE OF WORK.............................................................2 SECTION 2. PROJECT TEAM, KEY PERSONNEL AND RESUMES..............................16 SECTION 3. COMPANY QUALIFICATIONS.......................................................................36 SECTION4. REFERENCES........................................................................................................40 SECTION 5. STANDARD CITY CONTRACT AND INSURANCE REQTS..................41 SECTION 6. ADDENDA ACKNOWLEDGEMENT.............................................................42 FEE PROPOSAL........................................................................................ Attached separately t 1 1 P a g e SECTION 1. APPROACH AND SCOPE OF WORK The City of Rosemead plans to construct pavement resurfacing improvements to Walnut Grove Boulevard from Marshall Street to Grand Avenue (North City Limit). The project generally consists of asphalt pavement milling, AC level course and ARHM overlay, with associated R&R repairs, PCC crosswalks, striping and markings,loop detectors, survey monument covers and utility adjustments. The project is limited to 30 working days utilizing local funds. KOA has managed, designed, and provided construction management and inspection services for a number of similar arterial rehabilitation projects. We know what to look for, and we have engineers on staff who can help out in difficult situations. For example, the work will include cast in place colored PCC crosswalks to be constructed after the ACL overlay is in place. KOAjust managed construction of similar crosswalks last month on our EI Monte Ramona & Valley Blvd Improvement Project. We know that the PCC will need to have time to cure to adequate strength prior to allowing vehicular traffic loads (including transit buses), so the work will need to be constructed in phases, including traffic control to route traffic around the curing PCC. Pedestrian access will need to be provided to transit the area, and project safety must be in place to protect pedestrians and cyclists. We will highly stress the requirement to protect construction work, especially concrete, from vandalism and damage. KOA's proposed services will include: construction observation/inspection document control claims mitigation utility coordination material testing (by Twining, Inc.) project close-out public relations labor compliance 2 1 P a g e TASK 1 CONSTRUCTION OVERSIGHT AND INSPECTION SUPPORT KOA will provide the requested Construction Management and Inspection services for this project. Our Construction staff have decades of experience in public works construction. We will set up the project in conformance with the Caltrans Local Assistance Procedures Manual. SUBMITTALS & SHOP DRAWINGS KOA will review submittals and shop drawings for completeness and general conformance with the contract documents. We will coordinate with the City and the Design firm as necessary for technical review. REQUEST FOR INFORMATION (RFIs) In the event that the design engineer or City staff is required to answer questions, the construction manager may coordinate a timely resolution. SCHEDULE REVIEW KOA will review the baseline construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead times. DOCUMENTATION INTERPRETATION & TECHNICAL ASSISTANCE KOA may perform the coordination and expediting between the contractor, design team and City Staff to clarify interpretations of the construction documents. PHOTOGRAPHIC JOURNAL KOA will prepare and maintain an electronic photo journal documenting the construction progress. WEEKLY STATEMENT OF WORKING DAYS KOA will prepare a weekly statement of working days documenting the construction progress, time of completion, delays and time extensions, and submit to contractor and the City on a weekly basis. PROGRESS MEETINGS Progress meetings may be coordinate by our CM staff if desired. MONTHLY REPORTS KOA will prepare a monthly project status report to the City. COORDINATION WITH RESIDENTS & PROPERTY OWNERS KOA will work with adjacent property owners and residents to resolve their concerns, review potential accessibility issues, and ensure installation per approved plans. RTEA & Associates will provide for Public Outreach services. REVIEW CONSTRUCTION TRAFFIC CONTROL KOA will review construction traffic control and recommend improvements or adjustments as needed. MONUMENTATION KOA will verify removal and replacement of survey monumentation, and installation of survey well covers. PLANS, SPECS & AS-BUILTS KOA will periodically review the contractor's as -built updates on the approved job plan, identify missing items and require the Contractor to keep as -built records up to date. KOA's inspectors will keep their own set of as -built plans which will note the location of subsurface utilities encountered and/or installed, identify where any design or field changes are required (utilizing the corresponding RFI/change order numbers) and note the location of critical building components that are covered by finish work. At the end of the project the final as -built plans are submitted. 5 1 P a g e CHANGE ORDERS KOA may establish, implement and coordinate systems for processing all contract change orders. WRITTEN INSTRUCTIONS KOA may issue written instructions to the Contractor regarding routine matters and/or follow-up of verbal instructions as necessary to properly document project issues, when requested by the City staff. PROGRESS PAYMENT PROCESSING KOA will review the payment applications submitted by the contractor and determine whether the amount requested reflects the progress of the contractor's work. Appropriate adjustments to each payment application will be required by the contractor. When the payment application is acceptable and all backup documentation is verified, KOA will prepare and submit a progress payment report. TASK 2 CONSTRUCTION INSPECTION The designated Construction Inspector (CI) will provide the full-time construction inspection services for this assigned project. Our inspectors have decades of general contracting and construction inspection experience. The Cl will oversee and document the daily on-site construction work, verifying that the project conforms to contract requirements, implements appropriate traffic control, staging and phasing, taking photographs, accepting material delivery tickets, preparing daily reports, and verifying quantities. The Cl will coordinate with adjacent properties, stakeholders, utilities, transit, testing lab, and City staff. Inspection services will include: o Attend and participate in construction progress meetings o Review plans, specifications, and verify conformance of materials and work to plan requirements o Coordinate with utilities and stakeholders o Monitor Contract As -Built plans o Coordinate survey services o Coordinate material testing assignments; verify test results; order corrective work; verify final test report o Prepare daily construction reports; maintain inspector diary o Prepare quantity records and reports; verify quantity recommendations for payment o Coordinate with agencies, property owners, and other affected parties o Review and verify conformance with stormwater protection requirements including WPCP and SWPPP o Perform as the community liaison and represent the City to affected businesses and residents o Provide night, overtime, and emergency response coverage The services for construction inspection will implement project controls in accordance with the standards and specifications: Standard Plans; Manual of Uniform Traffic Control Devices; The Greenbook Standard Specifications and Standard Plans for Public Works Construction; The project plans and special provisions; Caltrans Standard Plans and Specifications; and the Caltrans Local Assistance Procedures Manual. SAFETY KOA always considers safety the most important issue on any construction project. KOA will recommend key safety provisions to require the contractor to have competent safety personnel and site specific safety programs employed on the projects at all times. KOA will monitor the contractor's operations for compliance with the project safety requirements. TESTING KOA will coordinate laboratory, jobsite, and offsite testing of construction materials and required observations per construction documents, construction codes, and jurisdictional agencies. KOA shall provide deputy inspection as 6 1 P a g e required. KOA will implement established procedures for testing per the construction documents. We will monitor testing services, track documentation and record testing results in weekly construction progress meetings. When necessary, KOA will require and track that corrective measures are implemented and re -inspected for acceptable completion. Our subconsultant, Twining, Inc. will provide the geotechnical and material testing services for this project. DAILY CONSTRUCTION OBSERVATION REPORTS KOA will compile daily observation reports documenting the contractor's workforce, material and equipment used, a summary of construction activities, field problems, disputes or claims, resolutions of issues and directions given to the contractor. Completed daily reports will be transmitted to the City on a weekly basis. KOA has additional inspection, construction management, and specialty engineering staff including registered civil engineers, who can provide additional assistance during construction of the work. We can provide additional inspectors to cover double shifts, nights, weekend, sick and vacation leaves. TASK 3 UTILITY AND OUTSIDE AGENCY COORDINATION In addition to coordination with City staff, residents, businesses, and property owners, KOA will provide project coordination with other affected stakeholders, including utility companies and other public agencies. KOA will send notifications to affected parties and invite them to the preconstruction meeting. KOA will review the scope of work with each affected stakeholder, review conflicts and requirements, and coordinate to ensure that the project goals and needs are understood and implemented. TASK 4 PROJECT CLOSEOUT KOA will assist the City to close out all -project construction activities, documentation, and payment to ensure that the project is finished, correct, and files are complete. Work will include: Post -Construction Phase o Pre -final punchlist inspection o As -Built Verification; transmit Record Drawings to City o Final walkthrough and project recommendation; certify completion o Verify all change orders complete, and recommend final pay estimate o Finalize record drawings, bid items, payments, claims, adjustments, change orders, and punchlist per City requirements o Provide electronic versions of all documents PRE -FINAL INSPECTION The construction observer will perform the final job walk and prepare the punchlist (deficiency list). KOA will coordinate and observe payments to date, current payment requested, retainage, the completion of required corrections. Should the contractor lag on a portion of the completion of work, KOA will estimate the value of incomplete items and recommend specific retainage in accordance with the contract. If necessary, a change order will be recommended for approval for completion of the remaining work such that the City may file the notice of completion and start the time after which stop notices and/or claims are no longer valid. FINAL INSPECTION All corrections must be made before KOA recommends processing the "Notice of Completion". KOA is noted for our attention to detail. We excel at closing out our own projects and we have been requested to and successfully close out problem client projects where our services are not initially utilized. Upon completion of the punchlist and final 7 1 P a g e sign off by all project stakeholders, KOA will make recommendations to the City regarding Contractors final progress payment request and prepare final progress payment report for submission to City. DELIVER PROJECT CLOSE-OUT DOCUMENTS KOA will review "as -constructed" plans and prepare "as -constructed" reports. KOA will help the contractor maintain a field set of updated "as-constructed".plans. KOA will continually document changed field conditions and not rely on the contractor to document "as- constructed" conditions. KOA will report and photograph field condition changes. Discrepancies will be discussed, resolved, and recorded. Completed "as -constructed" plans will be submitted to the City. KOA will provide a final project report, detailing all relevant aspects of the project, including budget, reasons for bid price variations, schedule information, as -built plans, and technical details, including a compilation of project photographs. To implement a timely project close-out, KOA will enforce implementation of the Construction Contract documents. All construction management and inspection records will be provided to the City for their records. KOA will ensure full compliance with all pre -construction, construction, and post -construction requirements for all pertinent project permits. KOA will perform closeout duties including final organization of project files in binder and electronic format, (CD-ROM or thumb drive) and submit to the City for final approval, and assist with the filing of the notice of completion and release of retention. PRE -CONSTRUCTION COORDINATION Our pre -construction coordination services will include review of the final PS&E, assistance to the City during bidding and advertising, attendance at a pre-bid conference -pre -qualification of bidders, review of bids, and recommendation for award. We will review the project site in detail, note existing conditions on the plans, and take detailed photographs. We will provide for outreach -and coordination with project stakeholders. As a part of our preconstruction activities, we will include a review of the project plans and specifications to identify potential problem areas before they arise, and to note any potential cost and schedule savings measures that may be implemented (SEE PLAN REVIEW COMMENTS BELOW). CONSTRUCTION MANAGEMENT AND INSPECTION KOA will provide a Construction Manager that is dedicated to this project and available on-site during construction. We envision that CM services will be more involved during startup efforts and decrease as the project progresses towards completion. The Construction Manager will provide for the following efforts: • Arrange, conduct, and attend all project related meetings • Represent the City and coordinate all efforts of contractors, subcontractors, architect, engineers, inspectors, laboratory testing and other construction service providers • Provide an evaluation of the project plans, specifications, bid and engineer's estimate • Provide staffing plan for activities • Act as liaison between City, inspector, architect, and contractor during construction • Maintain project files • Supervise construction inspection • Review and file construction inspector's daily reports • Review and track the contractor's construction schedule 8 1 P a g e • Review requests for Change Orders, make recommendations and process • Develop budget reports to compare estimates to actual costs, and track cost during construction • Establish project milestones and review contractor's schedule to reflect project progress • Maintain records of project progress to assist in potential claims analysis • Provide document control system which establishes a clear correlation between plans, specifications, and all project documents • Assure contractor adheres to labor compliance requirements • Review and provide responses to RFI, Submittals, including shop drawings and materials • Issue a Weekly Statement of Working Day report • Coordinate with the City's design engineer, utility companies, stakeholders, and other agencies • Assist in coordinating permits • Review for completeness and compliance, track and recommend approval of submittals • Review contractor traffic control plans • Provide public outreach • Provide weekly progress reports to the City • Review and make recommendations for monthly contractor progress payments • Maintain a set of "as -built" plans • Arrange for a final walk-through inspection and prepare a "punch -list" • Oversee material testing and collect test results • Coordinate Labor Compliance • Review compliance with survey monument restoration (by contractor) KOA will provide full-time inspection coverage of Contractor operations. We will provide a Primary Inspector for regular full-time inspection (40 hours per week); a Secondary Inspector intended for night-time and weekend work if needed (up to 8 -hour shifts); and a Back -Up Inspector intended for back-up, weekends, or graveyard shift hours if needed. Our construction management and office engineering staff are able to provide additional inspection support roles if necessary. The Inspector(s) will prepare daily inspection reports that include the following items. KOA can develop custom reports in collaboration with the City as needed. Daily reports will include: • Labor (Trade and Classification) • Hours worked • Materials delivered and/or incorporated into the work • Equipment used • Chronological description of activities • Photographs • Quantities constructed • Problems, issues, accidents, disputes, claims • Directives and Field Orders • Resolution of issues • Recommendations to the Construction Manager for non-performance or other issues • Stormwater protection • Safety measures and issues • Traffic Control measures • Weather • Material testing results, when available Inspector will observe the work daily, ensuring materials and workmanship are of approved quality. Any deficiencies will be immediately reported to CM and/or City and communicated with contractor for correction. Field testing will be coordinated and observed deficiencies will be reported to the CM, design team and City. All communication will be streamlined for efficiency, with support from the Construction Manager. Inspector will monitor for progress and conformance with the contract documents. Notices of non-compliance will be produced and delivered when 9 1 P a g e construction methods or materials are deficient. The inspector will coordinate with the contractor to schedule any required utility relocations. When special inspection is required, the inspector will coordinate to oversee the activity and any associated test results for conformance to contract items. The inspector will work closely with the CM to track bid quantities and maintain records to prepare for monthly progress payment review. Records will be shared with the CM to prepare the financial status at the end of each month. Documents will be stored in the shared drive and shared with the team to provide for daily updated reports that may be viewed by all team members. CONSTRUCTION REPORTS AND DOCUMENTATION We typically develop routine construction documentation and reporting to suit each project in accordance with the scope of services, type of work, funding; and reporting requirements. We provide reports and file structure in Caltrans LAPM format. Documentation can be electronic (such as VPM), printed format, or both. Electronic versions are typically MS Office (Word, Excel), AutoCAD, and .pdf version for each. Typical documents include: • Daily Construction Report • Weekly Statement of Working Days • Coordinate Submittal response • Request for Information and response • Change Order Request and response • Meeting agenda and minutes/Emergency Contacts • Photo and video documentation pre-, during, and post -construction • Labor Compliance • Collection and review of storm water reports and permits as required by project specifications • Punchlist • Verification of Progress and Final Payment Request Quantities • As -Built Records QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES KOA has developed Construction Management procedures that are used as a baseline for capital improvement construction projects. Since every project is unique, we will tailor our procedures to the City needs for this project. Procedures for these projects will include a full review of the plans and specifications, and funding source requirements, to develop complete checklists of requirements for construction operations, documentation, and reimbursement requests. The primary objective of KOA's quality control program is to ensure that every aspect of the work is constructed in accordance with the contract documents and approved submittals, in compliance with the applicable code and to industry standards. In addition, that it is performed consistent with the owner's expectation. Regular quality control checks include: • Obtaining subcontractor input regarding materials, means and methods • Management of contract documents to assure that only the most current documents are used • Management of submittals and approvals to ensure complete contract compliance • Management of samples and all associated approvals to ensure contract compliance • Verification of site conditions to ensure that all preparatory work required to be performed is complete and that the work areas,are safe • Monitoring of all contract work -in -progress to ensure that quality standards are consistent with contract documents, which includes testing and deputy inspection • Documentation of quality procedures, checklists, test, and inspections • Maintain detailed written and photographic records to protect the City against spurious claims We will coordinate with Twining Inc. for material testing in accordance with the project specifications. KOA will coordinate QA/QC activities on a daily basis and review activities as they happen, to make sure that QA/QC procedures are followed, and deficiencies are resolved in a timely and efficient manner. The CM will maintain a chronological log of all records. Rejected work will be thoroughly documented, photographed, and tracked until repaired or replaced to the satisfaction of the City. 101Page Twining, Inc. can provide: • Soil inspection and testing • Concrete inspection and strength testing • Asphalt concrete construction inspection and testing • Material testing Project Management services and final QA documentation POST -CONSTRUCTION CLOSEOUT KOA will assist the City in completely closing out each project, including: • Development of the construction "punch list" and "punch list" schedule of remaining work • Verification that all work is complete • Final project photographs • Completion of required project documentation including systems and equipment manuals, start-up testing, and other pertinent documents. • Verification of material testing compliance and remedial measures • Verification of survey monumentation compliance • Submittal of As -Built plans • Review final progress payment and provide recommendation for release of retention • Delivery of project files to the City. SCHEDULE REVIEW Our specialty staff is familiar with the entire mainstream scheduling software utilized by the public works contracting industry, including, but not limited to Primavera and Microsoft Project®. KOA can review the baseline construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead times. We will provide critical assessment and recommendations to the schedule and sequence of events. KOA has conducted forensic schedule investigations to document and reduce or eliminate unnecessary and unsubstantiated Contractor claims for additional time. KOA staff will coordinate the schedule to assure that the contractor is on time and on budget. RTEA & Associates LABOR COMPLIANCE Participate in Pre -construction Meeting. Verify labor posters are in place and bulletin boards have been confirmed with required documentation on them and postings. Check certified payroll, labor interview once/week on a random basis until satisfied for compliance. PUBLIC OUTREACH Participate in weekly progress meetings and prepare flyers for distributions and notifications. Share information with business owners and residents of upcoming work on their parcel, timing of work, equipment that will be used, any noise impacts, night/day work, duration of work, phasing of work. Maintain log of any communications with Public and provide the information to the City of Rosemead. PLAN REVIEW COMMENTS Typically we will try to review as much of the construction contract documentation (PS&E and bid) as possible prior to construction. At this time, we were only able to provide a cursory review of the plans (Attachment B of the RFP), but not the specs or bid estimate. We would perform a more thorough review at a later time. Note: Since the Construction Bid has been August 4, the City may have time to address some of these comments below. We would definitely need to address these items as soon as possible as they will affect construction. 111Page Design of PCC Crosswalks Marshall Street The design accommodates the existing cross gutter in place. Also, the design does not account for elevations for gutter flow and drainage, nor the existing spandrel joints, and shows the sawcut along the face of curb. The striping layout does not match the crosswalk layout at the corners. We would recommend accounting for the spandrels, probably replacing the cross gutter with the crosswalk concrete, and matching the striping with the concrete bands. This is typical for all locations below. The plans should note that the street slope at Curb Ramps should be 5% max to meet ADA requirements. The striping plan shows placing thermoplastic on the PCC crosswalks. Thermo does not adhere well to PCC. We recommend 2 coats of paint with reflective beads on PCC pavement. M�; Valley Blvd The plan shows the new loops cutting into the new'concrete crosswalk banding. We recommend placing the loops outside of the concrete. This layout shows matching the existing edge of gutter and leaving the existing in place. The gutter should be 5% max slope per ADA Requirements. 1R .OPE 121Page Wells Street This plan show leaving the existing cross gutter and a narrow section of AC pavement between the new crosswalk. The striping does not provide for a 4' minimum clearance per ADA requirements, and the placement forces wheelchairs to transit outside of the crosswalk boundary. Mission Drive A nice alternative to PCC concrete is StreetPrint, which can produce an attractive crosswalk design without the drawbacks of construction and schedule impact, and at a lower cost. 131Page Grand Avenue There is no striping shown for the crosswalk on the north side. Does the city want to place new crosswalk on the otherlegs? GRAND AVE - it o � lV (4— P PCC Crosswalk Banding We recommend one or two longitudinal rebars in the concrete bands to minimize or control cracking and displacement. 12'44 ,r [I' N&V P)RTL�NI) I&&ENT IC,'Oh;RETE A:VEtxEEdT ii tf{!ANEC C'LE`F Y:)Lf4s, CON � 1 E Wt UT AND SEAL } :`'r:', . , r k :''} - •'" F ._ 4 `i. ; AVOC,.T 9NIC' CONSTR IC71 N 2' TIE W�S EPDXY ,-DINT . R '3elC�tE POR11- CEMENT Cf NCf 6 E;:=;HEC ,91`.a :. C3k`;E PAVEMENT (TO 9.5% REL TI'1E (764'€ ;i13;i4 141Page Phasing of PCC Crosswalks The design of the PCC crosswalks makes construction of the work somewhat complex. The ARHM overlay must be completed prior to the crosswalk work. For the crosswalks, the PCC banding and the colored PCC must be placed separately. In addition, the PCC must cure to adequate strength to support traffic (buses and trucks) utilizing the street, and it must be placed in sections to allow traffic to continue using the street. Phasing might be something like that shown below in red and green, with two separate pours for each phase. This will require 2 setups for pouring at all legs for 5 intersections. Typically PCC is allowed 28 days to cure to required strength, which means that this work may take at a minimum 2 months to complete. If the City requires 3 day or 5 day concrete mix, then that time can be reduced. However, even with that requirement 30 working days may not be adequate to construct the entire project. 151Page PROJECT MANAGER CONTRACT ADMINISTRATION Chuck Stephan, P.E. Vice President Director of CM Division CONSTRUCTION MANAGER Shirjeel Muhammad Lea Reis, PE Davina Buenavista CONSTRUCTION INSPECTOR Dean Self Patrick Kerrigan Dan Chapman Gordon Roberts MATERIAL TESTING Twining, Inc. 161Page Mr. Charles Stephan, P.E. will be the Principal -In-Charge, Project Manager, Contract Administrator, and the point of contact between KOA and the City of EI Segundo. Mr. Stephan will oversee the activities of the consultant team. Chuck has 38 years of engineering and public works construction experience. Chuck has 10 - hour OSHA Safety Training certification. Mr. Shirjeel Muhammad is KOA's primary Construction Manager Ms. Lea Reis, P.E. will be available to fill in and oversee operations in support of Chuck and/or Shirjeel. Lea has extensive experience in public works permitting, design, construction management, and inspection. Lea is able to fill in and provide augmented or replacement services in all aspects of the proposed work. Ms. Davina Buenavista will be available to fill in and oversee operations in support of Chuck and/or Shirjeel. Davina has extensive experience in public works permitting, design, construction management, and inspection. She is able to fill in and provide augmented or replacement services in all aspects of the proposed work. KOA has several construction inspectors on staff. We assign personnel as they are available, and as best suit the project needs. Some of our inspectors include: Dean Self Dan Chapman Patrick Kerrigan Gordon Roberts 171Page CHUCK STEPHAN, PE PRINCIPAL -IN -CHARGE Mr. Stephan has 38 years of experience in engineering design and project management on projects for many municipalities and private firms. He has diverse project experience in planning, design, management, and construction of transportation, educational, * institutional, industrial, aerospace, municipal, residential and commercial projects. Mr. Stephan works in multiple capacities as Principal -In -Charge, project manager, project engineer, lead engineer, design engineer, and construction manager/engineer in both the civil and construction management disciplines. Mr. Stephan: • Directs the Construction Management Division. • Specializes in Project Management, Civil Engineering Design, and Construction Management for municipal Capital Improvement Projects, including pavement design and rehabilitation; ADA improvements; water pipelines; storm drain and sanitary sewers; medians and landscaping; parking lots; site improvements; plan checking; NPDES requirements. • Provides staff assistance to municipal engineering departments on temporary or part-time basis as needed; provide staff training in project management, design, and construction management skills. • Manages various funding sources including local, state, and federal -aid projects; SR2S; SRTS; STPL; various grant applications and reimbursement requests. EDUCATION BS, Agricultural Engineering, California Polytechnic State University, San Luis Obispo, CA (1982) REGISTRATIONS/ CERTIFICATONS Professional Engineer (Civil), CA #C50481(1993) Professional Engineer (Civil), HI #PE-8432(CE) (1996) PROFESSIONAL AFFILIATIONS American Public Works Association American Society of Civil Engineers YEAR ENTERED PROFESSION: 1982 RELEVANT EXPERIENCE City of EI Monte — Ramona Boulevard and Valley Boulevard Intersection Improvement Project, CIP 805, F5125, FTIP #LAF5125, EI Monte, CA (4/2019 -Ongoing): Project Manager/PIC/Construction Manager (Alternate). Mr. Stephan was in charge of preconstruction reviews and coordination, construction management and construction inspection of this major arterial intersection realignment and improvement project. Various improvements included street realignment, new traffic signal installation, street lighting, AC and PCC pavement, transit stops, utility adjustments, stakeholder coordination, public outreach, storm drain facilities, irrigation, landscape, and structure demolition. Construction Cost: $3.3M. City of Downey — Civic Center Drive and Hall Road Water System Improvement Project, CIP Np. 19-18, Downey CA (6/2019-7/2019): Construction Project Manager/PIC. KOA provided construction management and construction inspection of this water system improvement project. Various system improvements included the removal of unneeded tees and valves, abandon redundant undersize main, installation/replacement. of meters and services, hydrants, and minor concrete repairs, and Force Work to pothole and document existing water pipeline configuration. Mr. Stephan oversaw the construction management and inspection staff and assignments for this project, and assisted in the field work as needed. Construction Cost: $400K. City of La Habra — Annual Water Replacement and Residential Street Rehabilitation Project FY18-19, La Habra CA (4/2019 -Ongoing): Project Manager/PIC/Construction Management Assistance. Mr. Stephan provided assistance to the City of La Habra for part time construction management and construction inspection services. The 181Page project included the replacement of significant portions of the residential water system including installation of new main pipelines, hydrants, services, valves, tie-ins, and abandoning old system in place. Work included pressure testing, chlorination, flushing, and bacterial sampling. Street work included AC pavement repairs, mill and overlay, curb, gutter, sidewalks, ADA curb ramps, and cross gutters. Construction Cost: $SAM. Sun Valley EDA Public Improvement Project, Los Angeles, CA Project Manager & Design Engineer. Mr. Stephan provided engineering design services to develop Plans, Specifications, and Estimate (PS&E) for the repair and rehabilitation of 2 major arterial highways and 5 major intersections in the City of Los Angeles. Work included removal and replacement of failed AC and PCC pavement sections; reconstruction of driveways and curb access ramps to meet ADA requirements; milling and overlay of PCC and AC pavement; and complete reconstruction of intersections with cross gutters, grading, and paving. Construction Cost: $3M. Arterial Roads Rehabilitation Project Fiscal Year 2010-2011, Rancho Palos Verdes, CA Project Manager & Design Engineer. Mr. Stephan prepared Plans, Specifications and Estimate for the rehabilitation of Palos Verdes (PV) Drive South in the City of Rancho Palos Verdes. PV Drive South is a challenging arterial highway winding along the bluffs of the Palos Verdes peninsula overlooking the Pacific Ocean. Rehabilitation strategies included selective removal and replacement (R&R) areas, asphalt rubber hot mix (ARHM) and conventional asphalt overlays, and microsurface application. Work included the relocation and improvement of bus pads and shelters, retaining walls, PCC repairs, striping and markings. A comprehensive traffic sign field review and replacement plan was prepared to bring all traffic signs into uniformity and conformance with MUTCD requirements. Construction Cost: $2M. Sepulveda Boulevard Pedestrian Improvements, Culver City, CA Project Manager & Design Engineer. Mr. Stephan prepared the Plans, Specifications, and Estimate (PS&E) for the enhancement of a'/z mile section of Sepulveda Blvd in a busy commercial area of Culver City. The project included the challenging installation of landscaped areas with trees, plants, benches, curb access ramps, and driveway and sidewalk replacements in a fully developed area with outdoor dining and retail shops. Construction Cost $350,000. City of Hermosa Beach Pavement Rehabilitation Projects, Hermosa Beach, CA Project Manager / Engineer. Mr. Stephan provided project management, design, and construction management for various pavement improvement projects including residential streets, and arterial streets with federal -aid funding. Project included sidewalk repairs, ADA curb access ramps, storm drain repairs, curb & gutter replacement, grinding, asphalt pavement, and striping. Myrtle Area Improvements, Hermosa Beach, CA Project Manager. Mr. Stephan supervised preparation of construction plans, specifications and cost estimate for the Myrtle Area Improvements, which will consist of minor sidewalk repairs, concrete patching, pavement overlay and resurfacing. The project consisted of preliminary engineering, record research, site review, and developing base map documents; final engineering in preparing, reviewing, and refining construction documents with the City, performing constructability reviews, notifying utilities, and attending the pre -construction meeting. 191Page SHIRJEEL MUHAMMED, M.S., P.E. CONSTRUCTION MANAGERANSPECTOR Mr. Muhammad is a Licensed Traffic Engineer in California with more than 20 years of Traffic engineering, Traffic Safety, Transportation planning and Infrastructure Project management experience with supervisory responsibilities both in private and public sectors. His portfolio involves traffic impact studies, travel demand modeling, traffic operations, corridor studies, simulations, parking demand, internal/external circulation, site access, accident study, warrant studies, traffic signal synchronization, preparation/review of signing/marking plans, traffic management plans, and traffic signal plans. Most recent work includes managing contracts from preliminary engineering to notice of completion and ITS which includes establishment of citywide GIS system, city traffic management center (TMC) and developing a statewide ITS infrastructure procurement strategy. Recently he worked for Ashghal (Public Works Authority) in the State of Qatar as a Senior Traffic Engineer to oversee design and operations of Traffic Signal Systems and ITS. RELEVANT EXPERIENCE Intelligent Transportation System Improvement Project, Moreno Valley CA Construction Manager. This project installed underground telecommunication fiber optic and conduit to multiple existing traffic signal locations across the City, connecting them to the City's traffic management center. Work included conduit, fiber optic, and pavement restoration. Traffic Signal Improvement Project, City of Orange, CA Construction Inspector. Mr. Muhammad inspected the construction of a new traffic signal installation project for the City of Orange. Work include all new signal system with ITS communication to the City's traffic management center, AC and PCC pavement, and a scramble type pedestrian crossing design. EDUCATION MSCE, Transportation Engineering, California State University, Long Beach, CA (2001) BS, Engineering, NED University of Engineering and Technology, Karachi, Pakistan (1998) REGISTRATIONS Professional Engineer (PE), Traffic CA #2274 (200 4) YEAR ENTERED PROFESSION 1999 YEAR STARTED WITH FIRM 2020 PROFESSIONAL AFFILIATIONS Institute of Transportation Engineers, Member Traffic Signal Synchronization Project, City of Costa Mesa, CA Project Manager. Mr. Muhammad oversaw multiple Traffic Signal Synchronization Program primarily funded by OCTA. The projects included successful submission of Grants, managing the program, reviewing and approving work by on -board consultants for Traffic Signal equipment ITS related upgrades such as communication medium choice, decision on route -option for communication to backhaul, CCTV strategic locations and Smart detection cameras capable of discriminating between Bike and Vehicle actuation. He also was responsible for reviewing and suggesting signal retiming, phasing sequence improvements and synchronization. Traffic Signal and ITS Infrastructure, Qatar Project Lead. Mr. Muhammad had a hands-on role in Traffic Signal designs converting various roundabouts due to heavy traffic volumes resulting in long queues along Arterials. Mr. Muhammad also reviewed ITS related plans which included Passive Fiber network installation, location for DMS along newly built freeways. Arterial Simulation Model for UPRR Underpass, Riverside, CA Project Associate. Mr. Muhammad provided technical support to build and run multiple scenarios of impact of new Underpass to support Quiet Zone in the City. Traffic Diversion caused to daily commuters along busy Magnolia Avenue arterial was calibrated first and then final simulations were run to propose the impact of added traffic to the surrounding parallel and perpendicular arterials. He entirely authored the model from the scratch and was 201Page eventually able to have his recommendations implemented which included temporary geometric changes, retiming and rephrasing at the impacted intersections. Installation of replacement of In -Roadway -Lighting to Rectangular Rapid Flashing Beacons, Costa Mesa, CA Project Lead. Few years ago the City installed In -Roadway -Lighting at few crosswalks on City collector roads. The project was initiated due to the complaints by residents about excessive speeding. Over the time those devices proved to be quiet ineffective due to; not really visible to the motorists who are never paying attention, wearing out of the in -roadway lights due to consistent wear and tear by tyres. Mr. Muhammad was asked to provide alternative solution to effective calm the traffic down. He proposed that the City should try the Rectangular Rapid Flashing Beacons which are known to be effective in grabbing driver's attention. Before study was conducted for Speed profiles. He oversaw both design and construction of the new devices. After the project was completed, the after - study showed improved results meaning increased awareness and reduced speeds. Merrimac Bikeway Facility Improvements, Costa Mesa, CA Project Manager. As a part of on-going effort to establish integrated Bike and Pedestrian facilities throughout the City, the project which was financed by ATP Grant, included a Class 1 Bike Trail on the north side of Merrimac between Harbor and Fairview. On the south side, the project proposed to include Class IV protected Bike Lane. To connect both paths at the mid -block, a Pedestrian Hybrid Beacon (aka HAWK) signal is also proposed. The Class IV lane was first tried in collaboration with SCAG Go -Human project and was a huge success in the community. The project is slated to go to construction in October 2020. Omni BRT, Rialto, CA City Liaison. As a part of their Rapid transit route establishment plan, Omni reached out to all the Cities to gather feedback on which routes are most feasible for the City to accommodate the proposed BRT which would have lesser stops than typical regular commuter bus service. Mr. Muhammad while working with the City management helped out with multiple route options which was eventually narrowed down to one along Foothill Boulevard thru the City. The project also included ITS features such as installation of Traffic Signal Priority System (TSP) at each signal along the project corridor. The option of queue jumping was also considered but scraped eventually due to the scarcity of Right-of-way. Emergency Vehicle Pre-Emption, Costa Mesa, CA Project Manager. In 2016, the City embarked on facilitating emergency vehicles to reach the destinations unhindered. The City installed 40 Emergency Vehicle Pre-emption devices at various locations. Mr. Muhammad furthered the cause and had another 40 installed. These devices were different from the typical infrared devices in a way that they were GPS based and didn't need any strobe or audible frequency to get actuated. As emergency vehicle approached the intersections, the device would automatically locate it and provide a signal for the required phase change/extension to grant the Right-of-way. There were 7 more signals along heavily congested Newport Boulevard which is owned and operated by Caltrans. After the success of these devices, the Fire Department requested Public Works to see if Caltrans corridor could also be covered. Mr. Muhammad immediately kick-started the proceedings as far as the permit preparations and within a record short time, got the approval from Caltrans. Traffic Signal and Signing and Striping, Various Project Lead. Mr. Muhammad designed and oversaw over hundreds of Traffic Signal Plans along with Signing and Striping plans for numerous agencies across Southern California. He made sure each agency was contacted at the outset of the project to gather critical feedback such as Design Standards and requirements. This avoided several back and forth questioning and reduced number of plan checks. He was also responsible for review of all Traffic Signal and Striping plans during his tenure with Public Agencies. 211Page KEVIN HIGGINS CONSTRUCTION MANAGER Mr. Higgins has nearly 20 years of Public Works, Capital Improvement and Private Construction, Purchasing, Project Management, Field Construction Management and Inspection experience. He has participated in numerous street/highway widening projects, development of over 100 communities in land development including right of way, NOI's, encroachment permits, mass grading, grade separations, storm drain, box culverts, sewer collection systems, drainage systems, mainline water systems, ductile iron water lines, public/private street improvements, flood control channels, public landscaping, several park -sites, bond exoneration work and city acceptance on over 100 projects that included curb and gutter removals and replacement, asphalt grinding, trench repairs, cap paving, full section paving, and striping, BMP recommendations, traffic signals, sound walls, street lighting, and dry utilities. Ensures and maintains agency standards and specifications per approved plans while ensuring projects remain on schedule and within budget. Maintained BMPs for SWPPP, WQMP and NPDES compliance, wrote daily, weekly reports and coordinates with all departments. Has Overseen many public/private land development, infrastructure, & street improvement projects with Developers, Cities, County Flood, Caltrans, various Water Departments, Los Angeles, Riverside and San Bernardino Counties, and Parks and Recreation Departments, Redevelopment Agencies, and Various Cities. EDUCATION BS, Business Management California State Polytechnic University (1987) - REGISTRATIONS/ CERTIFICATONS Multiple Management, Project Management, Landscape, and SWPPP Training Courses SWPPP Certified / Construction Certified CPESC and QSP in Training YEAR STARTED WITH FIRM: 2012 RELEVANT EXPERIENCE City of Murrieta — Clinton Keith Road / 1-215 Interchange Landscape Improvement Project, Murrieta, CA (2018-2020): Construction Manager. Improvements included rock blanket, gravel mulch, concrete mow curbs, concrete, drainage, City gem monument, irrigation systems including drip applications, planting including trees, shrubs, ground covers, and hydroseed, wood mulch, lighting and other electrical improvements. Mr. Higgins was responsible for constructability review, bid and selection assistance, RFI's, submittals, schedule review, invoice review and approval, meetings, project and agency coordination, weekly statements of working days, project reports, staff coordination, project files,.final reports, and monitoring of extended maintenance for 3 years. City of Rancho Mirage — Highway 111 Street Rehabilitation from Bob Hope Drive to East City Limit Project, Rancho Mirage, CA (2017): Construction Manager/Resident Engineer. Mr. Higgins provided part time construction management support. The Construction Management Services were part-time at 16-20 hours per week and approximately for 14 weeks during construction activities. KOA was responsible for maintaining all project files per Caltrans LAPM, facilitating project meetings, submittal and RFI review and tracking, quantity verifications, statements of working days reports, RE reports, reviewing daily inspection reports, reviewing and processing change orders, contractor coordination and compliance, public outreach, and all related duties. Mr. Higgins was complimented by Caltrans for the thorough project files and documentation during the project audit. The project included the grinding and cold -in-place recycled paving and HMRA construction of the Highway 111 Street Rehabilitation and 11 Handicap Ramp Modification and Replacements, loops, sidewalk improvements, striping, and landscape restoration. City of Banning — RCTD Sunset Rail Road Grade Separation Project, Banning, CA (2015-2016): Construction Manager/Inspector. Mr. Higgins provided construction management and inspection support as a subconsultant to Harris & Associates on this bridge and grade separation project. He is providing submittal review, plan review, 22IPage construction inspections on concrete curb and gutter, sidewalk, poured in place concrete walls, tie -back walls, grading and earthwork, asphalt paving, traffic signal and street lighting post bases, rock blanket and slope protection rock matts, steel and rebar, irrigation and landscape planting. Mr. Higgins was also responsible for meetings, daily construction reports, SWPPP compliance, quantity verification, invoicing, RFI's, change order review and time and materials overview. City of Yucaipa — On -Call Construction Management and Inspection, City of Yucaipa, CA (2012-2014): Construction Manager. Mr. Higgins provided ongoing on-call construction management support the city Annual Street Rehabilitation Project #10883 and the Annual Micro -Surfacing Slurry program #10882 projects. The projects consisted of cold milling, grind and overlay and other paving rehabilitation improvements of public and residential streets and micro -surfacing (slurry) of additional streets throughout the City. Mr. Higgins was responsible for reviewing plans and specs, pre -construction meetings, providing inspectors, approving quantities and invoicing, direct communication with City staff, project documentation and close-out reports. City of Glendora — On -Call Construction Management and Inspections Contract for the Monrovia Nursery Developments for Tracts 66608 and 66609, Glendora, CA (2014-2017): Construction Manager/Inspector. KOA provided construction management and inspection services for this 18-20 month long project. Mr. Higgins was the full-time inspector for the development of two private single family development projects that included rough grading with the removal and handling of arsenic laiden soils, sewer, water and storm drain mainlines, laterals and manholes, Covina Canal waterline conversion, walls, street improvements including curb and gutter, cross gutters, asphalt improvements, sidewalk; dry utilities, landscaping green belt and parks, and SWPPP. Mr. Higgens also monitored project progress, supplied inspections, attended project meetings, invoicing, billing, maintained project files, reports, reviewed daily inspection reports, coordinated with soils companies and developers. City of West Covina — Orangewood Park Soccer Improvements Project No. SP -16018, West Covina, CA (5/2016-10/2017): Construction Inspector/Manager. Mr. Higgins provided construction management and inspection services for this nearly $4M Soccer park conversion project that consists in general of providing construction management and inspections for the demolition of the existing baseball complex and parking lot, survey, temporary facilities, grading and import fill material, new asphalt parking areas, concrete curb and gutter, various drainage, drain inlets, masonry block walls, poured in place concrete walls, decorative pavers, tubular steel fencing and posts, concrete flatwork, asphalt parking improvements, decomposed granite, playground equipment and amenities, bike racks, trash enclosures and receptacles, BBQ amenities, aluminum bleachers, field turf, landscaping, signage and striping, lighting and electrical, picnic shelters, and a large building that includes concessions, restrooms, lockers, office, and storage areas. City of La Mirada — On -Call Construction Management & Inspection Contract, La Mirada, CA (2012-2016): Construction Manager. Mr. Higgins was the Construction Manager on the City's on-going on-call contract for the City of La Mirada which included the Annual CIP 2012-2013 Street Rehabilitation Project #2012-07 Phase 2 and the Santa Gertrudes sidewalk, grading, curb & gutter, and landscaping rehabilitation projects since March 2013. The projects consisted of cold milling, grind and overlay, other paving rehabilitation improvements of public and residential streets, and replacement of curb & gutter, sidewalk, handicap ramps, drains, and landscape repairs throughout the city. Mr. Higgins was responsible for reviewing plans and specs, pre -construction meetings, providing construction inspectors, approving quantities and invoicing, contractor performance, contractor change order review and RFI's, direct communication with the City staff for project details, project documentation and close-out reports. 231Page LEA REIS, PE CONSTRUCTION MANAGER Ms. Reis manages a variety of public and private projects for various cities. Projects include roadway rehabilitation and traffic signals; water, sewer, and storm drain systems; buildings and facilities; and community parks. Before joining KOA, Ms. Reis worked as an Engineer for the City of Torrance Public Works Department for 16 years, where she was involved in the planning, design and construction of numerous capital improvement projects. Her responsibilities included civil engineering; project management; construction management; project coordination between city departments, outside agencies, and the public; budget and schedule oversight; preparing complete plans and specifications; project bid and award of contracts; contract administration; and supervising lower level staff. Ms. Reis is experienced in HTML Programming, GIS, AutoCAD, .ESRI ArcMap, Microsoft Suite, and Microsoft Project. RELEVANT EXPERIENCE City of Long Beach — Various Facilities Improvement Projects, Long Beach, CA, (6/2019 -Present): Construction Manager. Ms. Reis managed a variety of facility improvement projects in the City of Long Beach including, EDUCATION MS, Business Administration, New York Institute of Technology, New York, NY BS, Aerospace Engineering, University of Southern California, Los Angeles, CA REGISTRATIONS/ CERTIFICATONS Professional Engineer (Civil), CA #85395 Whaley Park Concession Stand, Long Beach West Police Station roof restoration, Canal Street Police Lab flooring restoration, and various other projects. Ms. Reis's responsibilities included acquiring proposals; construction coordination; managing project budgets; supervising construction inspectors; reviewing change orders, RFIs, and submittals; tracking contract pay quantities and reviewing contractor invoices; and project close out. City of Long Beach — Various Facilities Improvement Projects, Long Beach, CA, (6/2019 -Present): Construction Manager. Ms. Reis managed a variety of facility improvement projects in the City of Long Beach including, Whaley Park Concession Stand, Long Beach West Police Station roof restoration, Canal Street Police Lab flooring restoration, and various other projects. Ms. Reis's responsibilities included acquiring proposals; construction coordination; managing project budgets; supervising construction inspectors; reviewing change orders, RFIs, and submittals; tracking contract pay quantities and reviewing contractor invoices; and project close out. City of Redondo Beach — Various Capital Improvement Projects, Redondo Beach, CA (1/2017 -Present): Construction Manager. Ms. Reis managed a variety of CIPS including the Citywide Ramp Improvement Project, 2019 Residential Street Rehabilitation Project, Bikeway Improvement Project, Pier Structure Project, and Street Rehabilitation and Sewer Rehabilitation Project. Ms. Reis's responsibilities included managing the construction and budget; supervising construction inspectors; reviewing change orders, RFIs, and submittals; tracking contract pay quantities and reviewing contractor invoice; preparing Weekly Statement of Working Days and weekly reports; conducting weekly field meetings; and project close out. Construction Cost $12M. City of Inglewood — La Brea Avenue Improvement Project, Inglewood, CA (9/2018-10/2019): Construction Manager. KOA provided construction management and inspection services for the La Brea Avenue Improvement Project. The work included ADA curb ramp installation, sidewalk and driveways repairs, new irrigation and landscaping, construction of stormwater retention bio basins, pavement milling and overlay, and installation of signing, striping and markings. Ms. Reis' responsibilities included design revision coordination between the City and design engineers, processing RFIs and change orders, and supervising construction inspectors. Project Cost: $4.9M. 24IPage City of Anaheim — Brookhurst Street Improvement Project, Anaheim, CA (9/2015-5/2017): Construction Manager. KOA provided construction management and inspection services for the Brookhurst Street Improvement Project. The work included a new bike lane, bioswales, pavement rehabilitation, sewer, water and storm drain relocations, traffic signal upgrades, Caltrans sound wall, landscaping, and new street alignment with new sidewalks, curb gutter, and bus stop pad. Ms. Reis managed construction activities, performed project coordination with the City and Caltrans, responded to RFIs, reviewed submittals, processed change orders, tracked construction quantities, reviewed monthly progress payments, coordinated project changes requested by residents and approved by the City, managed construction schedules, provided public outreach to coordinate work impacting nearby residents and business, responded to claims, and managed change orders from the City of Anaheim Water Department for the construction of waterlines and abandonment of water services. Project Cost: $7.4M. City of Monterey Park — Atlantic Boulevard Corridor Signal Synchronization Project, Monterey Park, CA (1/2018-8/2018): Construction Manager. Ms. Reis provided project coordination with the City of Monterey Park, the contractor, various agencies, and the public; answered RFIs, reviewed submittals, created and tracked change orders and construction quantities in coordination with the Inspector for monthly progress payments; provided regular updates to the City to keep staff informed of lead times and traffic control; and project close out, including final punch list and as -built drawings. City of Malibu — Pacific Coast Highway and Malibu Canyon Road Traffic Signal Improvement Project, Malibu, CA (3/2017-6/2018): Construction Manager. Ms. Reis provide project coordination with the City of Malibu, Caltrans, the private developer Park at Cross Creek, LLC, the contractor, and other stakeholders; answered RFIs, reviewed submittals, created and tracked change orders and construction quantities in coordination with the Inspector for regular progress payments; provided regular updates to the developer to keep the partners informed of construction as it occurred; coordinated field meetings; and project close out, including punch lists and final permit sign off with Caltrans. City of Rancho Palos Verdes — Residential Street Rehabilitation, Areas 2 and 6, City of Rancho Palos Verdes, CA (2/2016-12/2017): Project Manager. Ms. Reis provided project coordination with the City of Rancho Palos Verdes, Construction Manager, Inspector, Cal Water, and other stakeholders; answered resident questions; coordinated notifications to the public; tracked project budget; approved progress payments; drafted staff reports for change orders; and project closeout. City of Torrance — Palos Verdes Boulevard Rehabilitation, Torrance, CA: Project Manager. Ms. Reis was responsible for acquiring a design firm through Request for Proposal process. She oversaw the work provided plan review for 30% through the final plans. Advertised the project for bid, and created the council agenda to award the construction contract. Construction/Project Manager- Managed construction, answered Requests for Information, reviewed submittals, created change orders and tracked quantities in coordination with inspector for monthly Progress Payments. Liaison between City of Redondo Beach, Caltrans, Utility Companies local HOA, and various departments within the City of Torrance. 251Page DAVINA BUENAVISTA CONSTRUCTION MANAGER Ms. Buenavista has over 25 years of experience in public works, and has managed a variety of capital improvement projects and maintenance programs from inception to completion, including planning, development, design, and construction. She has successfully completed numerous projects that involved roadway construction, traffic signal installations and upgrades, median and parkway landscape installations and maintenance, recreational park construction, utility (storm drain, water, and sewer) improvements, and facility upgrades and maintenance. RELEVANT EXPERIENCE City of Redondo Beach — Citywide Slurry Seal Project, Phase I, Redondo Beach, CA (2/2020-4/2020): Construction Manger. KOA provided construction management and inspection services. The project provided general street preservation work including minor dig -outs, crack seal, slurry seal, and pavement striping and marking on residential and collector streets. Construction Cost: $700,000. EDUCATION BS, Civil Engineering Loyola Marymount University Los Angeles, CA REGISTRATIONS Engineer -in -Training (CA) Certificate #XE096552 PROFESSIONAL - AFFILIATIONS American Public Works Association (APWA) Project Management Institute (PMI) YEAR STARTED WITH FIRM: 2017 City of Redondo Beach — Palos Verdes Boulevard Median Renovation, Redondo Beach, CA (1/2020-3/2020): Construction Manger. KOA provided construction management and inspection services. The project upgraded the raised median island on Palos Verdes Blvd, located at the eastern City limit. Improvements included a new irrigation system, construction of decorative mortared cobble stone, and installation of trees and plants. Ms. Buenavista's responsibilities included project coordination with the City, Contractor and Inspector; monitoring the Contractor's schedule; review of submittals, RFIs, and change orders; document control; preparing Weekly Statement of Working Days; providing weekly project status reports; tracking contract pay quantities and reviewing Contractor invoices; and project close out. Construction Cost: $105,000. City of Irvine — Culver Avenue Intersection Improvements at Alton Parkway and Main Street, City of Irvine, CA (4/2016-6/2017): Senior Project Manager — City of Irvine Public Works Department. Ms. Buenavista managed the project construction of this $900,000 traffic improvement at two major intersections in the City of Irvine. Improvements at both intersections included the extension of existing left -turn lanes for increased storage capacity; traffic signal equipment upgrades for video detection and enhance signal synchronization; modifications to raised roadway median, including complete landscape restoration; and the reconstruction of intersection curb ramps for compliance with ADA standards. City of Irvine — Harvard Avenue Roadway and Streetscape Rehabilitation, City of Irvine, CA (4/2016-6/2017): Senior Project Manager — City of Irvine Public Works Department. Ms. Buenavista managed this $1,500,000 project that provided roadway and streetscape improvements along a 1 -mile stretch of Harvard Avenue, near the University of Irvine campus. Her responsibilities included organizing public meetings and conducting community outreach, and project design including the preparation of construction specification in accordance with the City's landscape maintenance standards and practices. Improvements to existing parkways required the removal of over 140 mature trees that impacted adjacent sidewalk and roadway, replanting a variety of replacement trees, extensive parkway landscape restoration, irrigation system modifications, repairs to roadway, curbs, gutters, and sidewalk, and the installation of ADA compliant curb ramps at various intersections. 261Page City of Irvine — Michelson Drive Rehabilitation, Irvine, CA (2016-2017): Senior Project Manager — City of Irvine Public Works Department. Ms. Buenavista managed this $1,800,000 project that rehabilitated roadway pavement on a 1.7 -mile segment of Michelson Drive from Culver Drive to University Drive. Her responsibilities included the design of cost-effective roadway replacement sections to restore pavement structural stability and extend its useful life, reconstruction of numerous landscaped median islands, and development of project phasing to minimize the impacts of construction to surrounding residential and commercial areas. City of Torrance — Residential Street Rehabilitation, Area A, Torrance, CA (2015-2016): Associate Engineer — City of Torrance Public Works Department. This $2M project involved residential street improvement within the Walteria neighborhoods, located off Pacific Coast Highway and Hawthorne Boulevard. Improvements included asphalt concrete pavement reconstruction, surface drainage improvements, and repairs to damaged concrete sidewalks, curbs, and gutters. Ms. Buenavista's responsibilities included project management, overseeing work of design consultants, supervising public works support staff, and project coordination with other City departments and utility agencies. City of Torrance — 190th Street Rehabilitation from Prairie Avenue to Hawthorne Boulevard, Torrance, CA (1/2013-6/2015): Associate Engineer — City of Torrance Public Works Department. Ms. Buenavista successfully managed the design and construction of this $770,000 project that included the reconstruction of deteriorated asphalt concrete roadway pavement; repairs to damaged concrete sidewalk, curbs, and gutters; upgrades to intersection corner curb ramps for compliance with ADA; construction of new bike lanes; modification to the existing traffic signal including equipment upgrades, and updating and replacing all roadway signage. City of Torrance — Crenshaw Boulevard Rehabilitation from Maricopa Street to Sepulveda Boulevard, Torrance, CA (3/2007-2/2012): Associate Engineer — City of Torrance Public Works Department. Ms. Buenavista successfully managed the design and construction of this $3,000,000 project that provided improvements to 1.2S miles of this major arterial roadway, primarily funded by American Recovery and Reinvestment Act of American 2009 (ARRA) funds. Improvements included extensive roadway pavement rehabilitation, including sections of full - depth reconstruction, variable pavement grinding to correct grades and improve drainage, and complete roadway overlay with rubberized asphalt concrete; repairs to damaged concrete driveway, sidewalk, curbs, and gutters; installation of ADA compliant curb ramps; and upgrades to all roadway signage. City of Torrance — Rolling Hills Road Traffic Signal and Median Landscape Installation, Torrance, CA (2007- 2009): Associate Engineer — City of Torrance Public Works Department. This $700,000 improvement project installed traffic signals at two busy intersections of Rolling Hills Road, including roadway pavement striping modifications and signage upgrades, construction of ADA curb ramp, and installation of raised medians and landscape. Ms. Buenavista's responsibilities included managing the work of consultant design engineers, contractors, and inspection staff, contract administration and budget controls; conducting field meetings; public notification and outreach; and processing change orders and invoices. City of Torrance — 190th Street Rehabilitation, West City Limit to Hawthorne Boulevard, Torrance, CA (3/2007-12/2007): Associate Engineer — City of Torrance Public Works Department. Ms. Buenavista successfully managed the design and construction of this $2M project to the south half of 190th Street. Improvements included roadway resurfacing, construction of multiple dedicated turn lanes to optimize vehicular movements at intersections, traffic signal upgrades to streamline synchronization through the 190th Street corridor, and repairs to damaged concrete sidewalk, curbs, and gutters. Her responsibilities included managing the work of design consultants, contractors and inspection staff, project coordination with the City of Redondo Beach, Caltrans, and various utility agencies, and organizing public outreach. 271Page DEAN SELF CONSTRUCTION INSPECTOR Mr. Self has recent experience with KOA Corporation as a Public Works Construction Inspector. Prior to this, he has 28 years of well rounded experience in the construction industry including material testing and inspection services, project management, safety programs, bidding and estimating, asphalt pavement construction, quality assurance, field inspection and laboratory testing of construction materials, daily reporting and cost estimating. PROJECT EXPERIENCE: KOA CORPORATION City of Moreno Valley, Intelligent Transportation Systems (ITS) Project Mar 2027- Present Construction inspection for the Intelligent Transportation Systems (ITS) Project that installed fiberoptic communications cable and conduit to multiple traffic signal locations across the City. The system will connect existing traffic signals to the City's traffic management center. Work included trenching, boring, conduit, fiberoptic cable, traffic signal cabinets, signal system modifications, traffic management center modifications, traffic control, BMPs, and pavement restoration. City of Moreno Valley, Advanced Dilemma Zone Detection System (AZDZS) Project Mar 2027- Present Construction inspection for the Advanced Dilemma'Zone Detection System (AZDZS) Project that installed advanced traffic signal equipment at multiple traffic signal locations across the City. The system will allow signals to detect and allow for Dilemma Zone modifications to enhance vehicle traffic and decision making abilities. PRIOR EXPERIENCE RMA Group — Rancho Cucamonga, California, Project Manager Review project plans and specifications to determine inspection and testing quantities to create and submit proposals to clients. Manage projects regarding proper personnel and inspections, review project reports prior to client submittal, and track cost. Assist clients with concerns during the project regarding construction procedures and applications, make recommendations based on engineering recommendations. Logan Construction — Riverside, California, Project Manager Responsible for daily operations on projects. Supervise work progress and personnel on a daily basis. Ensure work is performed in a manner to produce the designed results as well as maintaining safety protocols. Track material use and place material orders. Conduct weekly safety meetings and review employee timesheets prior to submittal. Responsible for employee conduct and discipline action if necessary. Willborn Co. — Amarillo, Texas, Fuel Systems Estimator Responsible for completing accurate estimates regarding client fuel sites for both new construction sites and upgrading existing fuel sites. Familiarize myself with regulations and components for Underground Storage Tanks (UST) and Above Ground Storage Tanks (AST) regarding fuel storage and dispensing equipment. Work with vendors and sub contractors when outsourcing needed work and material to obtain competitive pricing. Work directly with the sales team to ensure prompt and accurate completion of proposals based on client needs. Order and schedule delivery of materials for awarded projects. Review project information during construction and after to determine areas that can be improved upon for creating future competitive bids. Review P&L statements with the management team and communicate suggestive solutions for improving operations. Holmes Construction — Amarillo, Texas, Paving Superintendent Supervised HMAC (Asphaltic Concrete) operations for private, city, and state projects to ensure project success. 281Page Measured quantities and managed haul trucks regarding timely delivery of materials. Inspected quality of work and communicated with the crew leader to ensure best possible quality. Maintained records and daily journals of daily operations for record keeping and project completion for monthly billing purposes. Maintained communication with clients and state inspectors to ensure work was meeting project expectations and made changes to material quality as needed. Responsible for maintaining knowledge regarding project plans and specifications regarding the items of work to be completed. Lone Star Construction — Amarillo, Texas, Estimator/Project Manager Manage projects for quality assurance and timely completion. Work directly with employees to manage daily operations of projects and trouble shoot potential problems to ensure quality of workmanship and materials. Communicate with clients regarding project details and scheduling of work. Calculate quantities and materials for potential projects and prepare project estimates and proposals. Communicate to drivers with safety concerns to prevent avoidable incidents and ensure logs are filled out and turned in properly. Communicate with shop mechanic regarding truck and equipment repairs to maintain proper DOT compliance as well as annual DOT inspections. Apex Geoscience Inc. - Amarillo, Texas, Construction Services Manager Managed daily operations for the Amarillo office. Viewed and edited laboratory and field inspection reports prior to approval for distribution. Performed and Supervised various laboratory test to assure quality and adherence to procedures and specifications and reported laboratory test results. Performed various field inspections, logged data, and submitted for client review. Prepared and submitted proposals for potential projects. Performed marketing duties with potential and existing clients. Discussed with client's lab and field data and made suggestions to improve on material and workmanship quality. Responsible for interviewing and hiring of potential employees as well as disciplinary action on current employees. Apex Geoscience Inc. - Amarillo, Texas, Laboratory Manager Direct Laboratory work. Review and create lab reports. Train personnel. Order, calibrate, and inventory equipment and supplies. Perform and Supervise laboratory tests to assure quality and adherence to laboratory procedures and specifications. Assist in updating company training manual and train field and laboratory personnel in proper testing and inspection procedures. Obtain quotes from potential vendors. Schedule personnel for certification classes. Marketing with potential clients and performed presentations for potential clients. Preparing proposals for potential projects. Texas Department of Transportation - Amarillo, Texas, Laboratory Technician Perform Lab test and field inspections in accordance with TxDOT specifications. Report results to TxDOT personnel, supervisor, and contractor personnel. Maintain certifications for myself as well as laboratory specific certifications. Texas Department of Transportation - Amarillo, Texas, Engineering Technician Inspect project work performed by the contractor to insure Quality Assurance and compliance with project plans and specifications. Perform lab tests to insure Quality Assurance on materials supplied by the contractor to be placed on projects. Maintain project diaries and cost estimate work sheets for projects. Interact with contractor representatives and personnel to discuss field inspections and lab reports and discuss solutions to correct discrepancies. Knowledge of certain DOT regulations regarding truck delivery to projects. Dyess-Peterson Testing - Amarillo, Texas, Laboratory Manager Perform and supervise lab testing. Dispatch and direct personnel for field testing and inspections. Work directly with supervising engineer and report lab results. Train personnel in field inspections and laboratory testing and operations. Maintain lab equipment calibrations and inventory. 291Page PATRICK "RICK" KERRIGAN CONSTRUCTION INSPECTOR Mr. Kerrigan has over 30 years of experience in public works construction, inspection and oversight on various sewer and water, storm drain, and street improvement projects. Mr. Kerrigan was lead inspector on a number of capital improvement projects for the Cucamonga Valley Water District. He has overseen small to large Capital Improvement projects, inspections of new water lines, sewer lines, pump stations, wells and other public works that pertain to water distribution and sewer systems as well as land development and infrastructure improvement projects. Mr. Strickland worked for the Cucamonga Valley Water District for nearly 30 years. He has inspected on numerous projects and some are listed below in his project experience. RELEVANT EXPERIENCE Western Municipal Water District (WMWD) — La Sierra Pipeline and Sterling Pump Station and Reservoir Project, Riverside, California: Construction Inspector — Rick is currently providing professional Construction Management, Construction Inspection, Specialty Inspection, Soils and Materials Inspections services to assist with the construction of the La Sierra Pipeline Project (W -238A) and the Sterling Pump Station and Reservoir project (W -238B) for the Engineering. Department. The La Sierra Pipeline project will convey potable water from WMWD'5 Arlington Desalter and Chino Desalter to serve the needs of WMWD's Riverside service area. This pipeline project and the pump station project will reduce the region's dependency on imported water from the Metropolitan Water District (MWD) of Southern California's Mills Treatment Plant and increase reliability. Our experienced team is currently providing services on this nearly $30 Million project with WA Rasic as the contractor. The La Sierra Pipeline project is 4 14 miles long and at an approximate cost of $13 — 15 million and the estimated construction duration is 400 calendar days. The pump station and reservoir portion of the project is approximately $13 — 15 million as Well and scheduled for approximately 400 days The project consists of approximately 20,000 plus linear feet of 30" inch CML Class 250 — 500 steel pipeline and approximately 200' linear feet of 24" CML&C Class 250 pipe. The La Sierra 30" pipeline or Reach F connects to the existing system at EI Sobrante Road just below the La Sierra Reservoir at STA. 19+90.75 and extends to just past Liverpool Lane where it will transition to Line "Cl" which is stage 2 - a realignment of Reach G and a portion of Reach F. This line continues under the BNSF right-of-way and the Arlington Channel in a 48" steel casing that is jack and bored under to the SAWPA property. The line then picks up there and runs through the SAWPA parking lot and onto the main street. EDUCATION Some College Courses Public Works Construction Inspection and Procedures Water Distribution Operator Collection System Technology Water Treatment Plant Operator Waste Water Treatment Plant Operator Basic Well and Booster Pumps Introduction Safety Management Specialist Welding Safety, Welding, Cutting and Compressed Gas CERTIFICATIONS Grade 4 Water Distribution Grade 2 Collections System Technology Certified Occupational Safety Specialist COSS Certified Safety Management Specialist CSMC Competent Person OSHA Confined Space Awareness, Operations and Rescue Traffic Control and Flagger Safety First Aid and CPR/AED Underground Service Alert Backhoe Operator Training Fall Protection Ariel Work Platform and IVES Trainer Forklift and IVES Trainer FEMA IS-00100.PW15, IS -00200.b, 1-300, IS -00700.a, IS -00701.a, IS -00703.a, IS -00704, and IS -00800.b Courses YEAR STARTED WITH FIRM 2016 City of Corona, Sierra Bella Development Project, Corona, CA Construction Inspector. Rick is currently working on this development project that includes 1,000' LF of 8" VCP Sewer Main line and 4 manholes, 1,000' LF of 16" Ductile Iron Water Main Line and 5 Fire Hydrants, 1,000' LF of 12" Ductile Iron Re -Claimed Main line, and 30' LF of 18" Storm Drain, Asphalt grind and paving, curb and gutter, sidewalk. He is responsible for daily inspections and completing daily construction reports, coordinating with the Water Department and the City, the engineer and the contractor, maintaining files, reviewing 301Page plans and specs, maintaining an electronic photo log and as -built plans. City of South EI Monte, Sewer Improvement Phase 1 Project on Fawcett Avenue and Lexham Avenue, South EI Monte, CA Construction Inspector. Rick is currently working on this sewer lining project that involves the cleaning, videoing, and re -lining of nine sections of over 3,000' linear feet of existing 8", 10", and 12" VCP sewer pipe. The contractor is making repairs to any damages to the existing lines prior to installing the polyurethane liner. Rick is performing both nighttime and day time inspections and completing daily construction reports, coordinating with the Los Angeles County Sanitation District, Caltrans, the City, the engineer and the contractor, maintaining files, reviewing videos, maintaining an electronic photo log and as -built plans. The Haven Avenue Sewer Project, Rancho Cucamonga, CA Lead Construction Inspector. This project starting just south of Baseline Road going north to just south of 19tn Street, covered approximately 3,400 feet. The 15 -inch vitrified clay pipe (VCP) was an added trunk line to assist peak sewer flows from existing tracts and future tracts to the north. Rick set up meetings with the contractor and city inspector to keep project on task. He oversaw the traffic control for the public safety as well as the workers. This consisted of 1 lane out of 3 being closed for the duration of the project, and closing another lane while crews were working. Time lines were scheduled for work duration start times and end times, so as not to disrupt traffic flow at peak hours. He made sure Dig Alert tickets were current and the markings were legible for contractor. He communicated with the surveyors and made sure their markings were also legible. He set up meetings with the boring contractor to discuss elevations. Boring took place under Baseline Road approximately 85 feet at a depth of approximately 18 feet. He made sure the boring company had all their correct paper work (current mining permit and confined space permit) and that all employees were trained in confined space entry. He made sure these were posted on thejob site. Included in these meetings for the boring was the San Gabriel Water Company for the high pressure water line, So Cal Gas Company for the .main service lines, Edison for a number of existing and future conduits, as well as the city inspector and the contractor. The main objective was to keep from disrupting traffic on Baseline Road. The bore consisted of a 24 -inch casing to house the 15 -inch VCP sewer main. There were a number of manholes to be poured along the way, and these could not be stacked until base was cured over 2 -day period. Leaving this area open, contractor would secure the area with temporary chain link fencing. He would double check fencing and equipment to make sure it was secure at the end of each work day. The District required base rock to be installed in the bottom of the trench in order for the pipe to be supported. Imported sand material was also brought in for pipe zone. Rick completed daily inspections, reports, and maintained files. Widening of Foothill Boulevard, Rancho Cucamonga, CA Redirecting the sewer flow into a new 27 -inch VCP sewer line - Project inspector for this job starting at the intersection of Rochester and Foothill Blvd., running east on Foothill Blvd. to storm drain culvert, heading south and running parallel to the 1-15 to Arrow Route tying into a 30 -inch sewer line. He inspected the installation, air testing, and video of the new sewer trunk line put into service during low flow. 311Page DAN CHAPMAN, JR SENIOR CONSTRUCTION INSPECTOR Mr. Chapman has over 25 years of experience within civil engineering as a construction inspector, pavement engineer and construction materials manager. He has worked on a variety of projects that has included, Federal Highway Administration, Federal Aviation Administration, California Department of Transportation, Various Counties, City, and Special Districts. With an extensive knowledge of State and Federal Highway procedures including Site Management, Pay Estimates, Documentation and Project Specifications. Past inspection/office engineering projects included various roadways, bridges, airport runways and taxiways, asphalt and concrete pavements, asphalt overlay, review of shop drawings, and observation. His experience includes construction management, contract administration, staff augmentation, plan checking, design constructability and bid ability review. RELEVANT EXPERIENCE City of Rancho Mirage On -Call Inspections Contract — Land Development and Public Works Projects, City of Rancho Mirage - Construction Inspector: Mr. Chapman oversaw the rough grading operation, EDUCATION BA, Pacific Coast Baptist Bible College, 1995 REGISTRATIONS/ CERTIFICATONS NICET Level III (Soil, Concrete, Asphalt) Caltrans Certifications for Soil, Concrete, and Asphalt ACI Strength Testing Technician Lab 1& 2 installation of VCP Sewer Main, storm drain with storm drain and sewer manholes, wyes and laterals, 8" — 12" ductile iron water line, curb and gutter, cross gutters, sidewalk, paving grading and base paving on two land development projects. Mr. Chapman maintained Daily reports, attended meetings, kept photo documentation, coordinated with the City, design engineer, and materials testing staff to ensure that the project was built in accordance with the project plans and specifications. La Habra — Water Mainline and Street Pavement Rehabilitation Projects — Construction Inspector — Mr. Chapman is currently wrapping up these two projects that consist of installation of a new water main, services, fire hydrants, meters, meter boxes, other appurtenances, curb and gutter, cross gutter, sidewalk, handicap ramps, asphalt paving and all related improvements. Dan is responsible for Daily Reports and inspections between multiple site locations, project files, contractor compliance, materials testing coordination, city coordination, attending meetings, as -built plans and all related duties. Town of Apple Valley — Construction Inspection Yucca Loma Bridge - Dan was responsible for periodic inspections and construction reports for asphalt, concrete and steel; coordination with materials testing and reports to the Project Manager and the Town. County of San Bernardino — Baseline Rd @ 1-15 Interchange, Rancho Cucamonga, CA- Construction Inspector / Office Engineer- Mr. Chapman set up project files, provided construction inspections and construction contract administration support, photo documentation and reports; prepared quantity sheets; updated project files; reviewed and submittals, weekly status reports, prepared monthly pay estimates, process change orders, jobsite safety reviews, coordinated for field testing, material testing; prepared project files for project closeouts and other related tasks as assigned. Infrastructure improvements, curbs, gutters, sidewalks, ADA ramps, Storm Drain Pipe, water line relocations, roadway excavation, observation of sub grade and making grade, slope paving, roadway signs, traffic stripes and markings. Caltrans District 5, State Route 46, Lost Hills, CA: Quality Assurance/Inspector. This State project consisted of constructing two additional lanes to increase traffic volume. Dan coordinated inspection and testing of roadway improvements which included sub grade preparation and placement, asphalt production and placement, and storm 321Page drains. Dan prepared photo documentation, ensured adherence to Fish & Game permits, coordinated with Caltrans Resident Engineer on field and design discrepancies and made paving recommendations, prepared daily reports from inspection and testing, and reviewed monthly invoices. Caltrans District 6, State Route 99, Bakersfield, Chowchilla, and Madera, CA: Quality Assurance/Inspector. Work included ensuring contractor compliance with the contract special provisions and plans, Caltrans Structures Manual, and Caltrans Standard Plans and Specifications. Improvement included roadway subgrade preparations, construction of asphalt and concrete pavement, concrete barriers, storm drains, water line relocations, and bridge components. Mr. Chapman prepared daily inspection and testing reports, attended pre -construction and construction meetings, and conducted cost estimating and analysis on inspection and quality control for each phase of each project. Caltrans District 7, State Route 5, Sun Valley, Sylmar, Burbank, Norwalk, Santa Fe Springs, La Mirada, and Gorman, CA: Quality Assurance/Inspector. Work included ensuring contractor compliance with the contract special provisions and plans, Caltrans Structures Manual, and Caltrans Standard Plans and Specifications. Mr. Chapman provided construction inspections and construction contract administration support; performed document control and project file updates; prepared photo documentation and inspection reports; prepared quantity sheets; reviewed submittals and weekly status reports; prepared monthly pay estimates; processed change orders; conducted jobsite safety reviews; coordinated for field and material testing; prepared project files for project closeouts; and other related tasks as assigned. Caltrans District 7, State Route 101, Camarillo, Thousand Oaks, and Ventura, CA: Quality Assurance / Inspector. Work included ensuring contractor compliance with the contract special provisions and plans, Caltrans Structures Manual, and Caltrans Standard Plans and Specifications. Mr. Chapman provided construction inspections and construction contract administration support; performed document control and project file updates; prepared photo documentation and inspection reports; prepared quantity sheets; reviewed submittals and weekly status reports; prepared monthly pay estimates; processed change orders; conducted jobsite safety reviews; coordinated for field and material testing; prepared project files for project closeouts; and other related tasks as assigned. Caltrans District 7, State Route 118, Simi Valley and Sylmar, CA: Quality Assurance / Inspector. Work included ensuring contractor compliance with the contract special provisions and plans, Caltrans Structures Manual, and Caltrans Standard Plans and Specifications. Mr. Chapman provided construction inspections and construction contract administration support; performed document control and project file updates; prepared photo documentation and inspection reports; prepared quantity sheets; reviewed submittals and weekly status reports; prepared monthly pay estimates; processed change orders; conducted jobsite safety reviews; coordinated for field and material testing; prepared project files for project closeouts; and other related tasks as assigned. Caltrans District 8, State Route 15 Ontario, Hesperia, and Victorville, CA: Quality Assurance / Inspector. Work included ensuring contractor compliance with the contract special provisions and plans, Caltrans Structures Manual, and Caltrans Standard Plans and Specifications. Mr. Chapman provided construction inspections and construction contract administration support; performed document control and project file updates; prepared photo documentation and inspection reports; prepared quantity sheets; reviewed submittals and weekly status reports; prepared monthly pay estimates; processed change orders; conducted jobsite safety reviews; coordinated for field and material testing; prepared project files for project closeouts; and other related tasks as assigned. 331Page GORDON D. ROBERTS SENIOR CONSTRUCTION INSPECTOR Mr. Roberts has over 40 years of energetic, reliable strong commitment to professional work ethic, and diverse experience in progressively responsible positions from heavy equipment operator to superintendent to general engineering & building contractor including multiple trades contractor to project designer and inspector. Years of experience working with a paving and slurry contractor. Mr. Roberts interacts cooperatively at top management levels with input into planning, safety, goal setting, operations, policy decisions. and building code implementations. Mr. Roberts possesses authoritative knowledge of building codes and regulations, plan reading and interpretation, multiple trades and overall respected construction practices. Mr. Roberts interacts cooperatively with architects, engineers, general contractors, inspectors, other supervisors and the public. Mr. Roberts conveys excellent communication and interpersonal skills; interacts well with widely diverse groups; easily gains confidence and cooperation; additionally, bi-lingual utilization of his construction / conversational Spanish proves a strong field communication asset. Mr. Roberts has managed crews of 30+; stressing quality work and safety. Hired, trained, and developed crews to work independently with continued priority to safety situational awareness. He also speaks Spanish well. EDUCATION California State Contractor Trade School & Licensing — General (A)/Engineering (B)/ plus Specialty Trades & Certifications Operating Engineers, Local 12 Journeyman Training Trade & College Courses — Drafting & Plan Design, Metallurgy Safety, Welding, Cutting & Compressed Gas Practices, Basic Spanish YEAR STARTED WITH FIRM: 2017 RELEVANT EXPERIENCE City of Downey — True Avenue Water System Improvement, Downey, CA: Construction Inspector. Mr. Roberts provided part time city inspection on this water line project that consisted of the rehabilitation and installation of a new 10" and 12" Ductile Iron Water Line mainline and services, fire hydrants, and all appurtenances, concrete improvements and asphalt improvements. He performed Daily Inspections and completed Daily Construction Reports, coordinated with the contractor and engineer, maintained project files and all other related duties. City of Claremont — Foothill Boulevard Master Plan Improvement, Claremont, CA: Construction Inspector. The project consist of 3.1 miles to construct numerous improvements of the Foothill Boulevard Master Plan which includes traffic control, clearing and grubbing, roadway excavation, removal and replacement of curb and gutter, sidewalks, and driveways, Class 1, 2 and Class 4 bicycle lanes, 10 concrete, bus pads and shelters, concrete cross gutters, alley way driveways, local depressions, parkway drains, pavement improvements, walls, storm drain work that includes various RCP, catch basins, manholes, cobble bio -retention basins, drywell underground storage, traffic signals, street lighting, landscaping and irrigation, and the installation of bus shelters and furniture and amenities, trellis structures, monuments signage, and full landscaping. Mr. Roberts oversaw the inspections on the entire project for the City and provided construction inspections, daily reports, labor compliance, contractor compliance, utility coordination, attended weekly project meetings, negotiated, approved, quantities, and extra work, maintained project photos and records, met with City officials and town residents, verified quantities, coordinated any soils testing, provided daily inspections, and coordinated with the contractor while assisting in re -design of numerous survey errors on the plans for this $15 Million project. City of Corona — CDBG Sidewalk Improvement, Corona, CA: Construction Inspector. Mr. Roberts provided daily inspections for this project that included approximately 60,000 square feet of sidewalk removals and replacement, drive approaches, curb and gutter, traffic control, and landscaping repairs. Mr. Roberts worked ahead of the contractor marking the removals and tracking the quantities on a spread sheet that he created to streamline the process and make the project go smoother. The project also involved a GPS application that was used to locate the 341Page areas throughout the City. He completed Daily Reports, verified quantities, coordinated any soils testing, attended meetings, and coordinated with the contractor. City of Corona — Foothill Parkway Sewer and Water Improvement: Construction Inspector. Mr. Roberts provided inspections on this land development project for a hotel, Starbucks and shopping center project that included over 3,000' If of 8" VCP sewer mainline and laterals at up to 18' feet depth, 12 manholes, ductile iron water line and domestic and fire service lines, slurry backfill on a busy public street, asphalt improvements, and other project related work. Mr. Roberts completed daily inspections and reports, coordinated with the contractor and materials testing firm, verified quantities and traffic control, attended meetings and ensured SWPPP BMP compliance with a difficult and unexperienced contractor. City of Rancho Mirage On -Call Land Development Projects, City of Rancho Mirage, CA: Construction Inspector. Mr. Roberts oversaw the rough grading operation, installation of up to 17' deep 12" VCP Sewer Main, 24" and 30" storm drain with (26) sewer manholes, wyes and laterals, 8" — 12" ductile iron water line, curb and gutter, cross gutters, sidewalk, paving grading and base paving on two land development projects. Mr. Roberts maintained Daily reports, attended meetings, kept photo documentation, coordinated with the City, design engineer, Coachella Valley Water, and soils and materials testing staff to ensure that the project was built in accordance with the project plans and specifications. City of Pomona — Pomona Boulevard Sewer Trunk Line, Pomona, CA: Contractor / Inspector. Mr. Roberts oversaw the installation of 12' to 14' deep 12" VCP Sewer Main with (6) sewer manholes, wyes and laterals 3' behind curb with traffic control issues that he solved to keep traffic moving smoothly during construction operations. This eight week project also involved v -ditch work, shoring, safety, backfill and compaction of trenches, tie-in to active sewer line, and asphalt paving improvements. Mr. Roberts maintained Daily reports, attended meetings, kept photo documentation, coordinated with the City, design engineer, and soils and materials testing staff to ensure that the project was built in accordance with the project plans and specifications. City of Rancho Mirage — On -Call Inspections, Rancho Mirage, CA: Construction Inspector — Mr. Roberts provide staff augmentation to the City for permit inspections throughout the City. Inspections included permits for grading, water lines, asphalt repairs and installation, curb and gutter, electrical, and other various improvements. Los Angeles Pier 400 Project — Army Corp of Engineers 600 Acre Man Made Island & Harbor Depth Extension: Earthwork & Grading Project Contractor & Inspector. Project consisted of dredging the depth of existing harbor sea floor to accommodate entry of super container vessels and create earthen pier. Mr. Roberts was integrally involved in all phases of this multifaceted challenging onsite; offsite compaction project. Mr. Roberts was instrumental in the development and inspection of methods paramount to overcoming the challenges of working with heavy earthmoving equipment in conditions of liquified dredged material to create specified material compaction tolerances over the entire infrastructure pier project. Mr. Roberts supervised & inspected Piling Installations and Support Systems to accommodate installation of multiple High -Lift Container Cranes. Additionally, sustained 100% compliance to protect declared Endangered Species with creative development of Sanctuary Areas throughout on- going project. He maintained Daily Reports and all project paperwork, ensured safety and project compliance. Otay Mesa Project — Don Nelson General Contractors - 800 Home Development Project — Multi -Stage Subdivision: Contractor & Inspector: Mr. Roberts supplied under contract Operated Earthmoving Equipment required to perform all aspects of grading plans for roughing in to finish grade specifications for subdivision. Mr. Roberts provided onsite supervision and inspection of each stage of the project's progression through rough grading to finish grading specifications for streets, curb & gutter, utilities, house pads, slopes and infrastructure. Performed in-house inspections to ensure work was properly completed per the project plans and specifications. Worked closely with soils engineers to identify areas requiring special attention to ensure all areas of material would pass within +/- tenth of compaction specifications. Mr. Roberts worked closely with general contractor to develop on overall cost-saving approach to balance the material for each job section. 351Page SECTION 3. COMPANY QUALIFICATIONS RAMONA BLVD AND VALLEY BLVD INTERSECTION IMPROVEMENT PROJECT EL MONTE, CA KOA provided construction management and inspection services for this important project. The project focused on downtown EI Monte, and included new bioswales, reconfiguration of intersection from 5 way to 4 way, new traffic signals, ADA upgrades, new landscaped medians and parkways, street resurfacing, new, sidewalk, curbs and gutters, relocation of storm drain and waterlines, marking and striping. Our CM and Inspection responsibilities included project coordination with the City, Contractor, Southern CLIENT NAME City of EI Monte REFERENCE Lee Torres, PE City Engineer (626)580-2055 California Edison, Verizon, AT&T, EI Monte Water, City Business District; document control; review of submittals, RFIs, and change orders; approving Contractor invoices; and project close out during the 2020 pandemic. RAMONA BLVD REHABILITATION PROJECT, STPL-5210(025) EL MONTE, CA KOA provided construction management and inspection services for this important federally funded project. The project includes new landscaped medians and parkways, street resurfacing, new sidewalk, curbs and gutters, bus pads, marking and striping. Our CM and Inspection responsibilities included project coordination with the City, Contractor, Southern California Edison, Verizon, AT&T, EI Monte Water, City of Irwindale, City of Baldwin Park; document control; review of submittals, RFIs, and change orders; approving Contractor invoices; and project close-out. CLIENT NAME City of EI Monte REFERENCE Lee Torres, PE City Engineer (626)580-2055 YEAR 2020-2021 CONSTRUCTION COST $2.9M STAFF Lea Reis, P.E. David Hernandez 361Page CM AND INSPECTION SERVICES FOR THE GLENOAKS BLVD IMPROVEMENT PROJECT, HSIPL 5202(018) SAN FERNANDO, CA KOA provided construction management and inspection services for this federally funded project which consisted of traffic signal upgrades, asphalt and PCC removals; pavement construction, ADA ramp, curb and gutter, median and cross -gutter reconstruction; utility adjustment; signing and striping for various residential streets. Construction Manager was responsible for weekly reports, tracking contract budget, responding to RFI and CLIENT NAME City of San Fernando REFERENCE Patsy Orozco Porozco@ 310-412-5333 submittals, creating change orders, processing payments, and project closeout including the assistance of federal forms. The Inspector was responsible for daily reports, observing construction work per plans and specifications, field memos, working with CM on progress payments, and creating and tracking final punch list and as -built plans. CM AND INSPECTION SERVICES FOR THE LA BREA AVENUE IMPROVEMENT PROJECT INGLEWOOD, CA KOA provided construction management and inspection services for this project which consisted of asphalt and PCC removals; PCC roadway grind with AC overlay, AC pavement grind and overlay, storm water bioswales, landscaping and irrigation, ADA ramp, curb and gutter, median and cross - gutter reconstruction; utility adjustments; signing and striping for various residential streets. Construction Manager was responsible for weekly reports, tracking contract budget, responding to RFI and submittals, creating change orders, processing payments and project closeout. The CLIENT NAME City of Inglewood REFERENCE Kenrick Sanderlin ksanderlin@cityofinglewo od.or 310-412-5333 Inspector was responsible for daily reports, observing construction work per plans and specifications, field memos, working with CM on progress payments, and creating and tracking final punch list and as -built plans. 371Page BROOKHURST STREET REHABILITATION PROJECT \I UN1071�i%1 KOA provided construction management and inspection services for this important project. The project . included new bioswale, realignment of street, new traffic signals, ADA upgrades, new Caltrans sound wall, street resurfacing, new sidewalk, curbs and gutters, relocation of storm drain and waterlines, marking and striping. Our CM and Inspection responsibilities included project coordination with the City, Contractor, Caltrans, City of Fullerton, Anaheim Water and electric, City Surveyors and Designers; document control; review of submittals, RFIs, and change orders; approving Contractor invoices; and project close out. INSPECTION SERVICES FOR THE RESIDENTIAL STREET REHABILITATION PROJECT, CYCLE 2, PHASE 1 AND 2 REDONDO BEACH, CA KOA provided construction management and inspection services for this project which consisted of asphalt and PCC removals; pavement construction, ADA ramp, curb and gutter, alley intersection, and cross - gutter reconstruction; utility adjustment; signing and striping for various residential streets. Construction Manager was responsible for weekly reports, tracking contract budget, responding to RFI and submittals, creating change orders, processing payments, and project closeout. The Inspector was responsible for daily reports, observing construction work per plans and specifications, field memos, working with CM on progress payments, and creating and tracking final punch list and as -built plans. CLIENT NAME City of Anaheim REFERENCE Raul Garcia Construction Services Manager (714) 765-5255 YEAR 2016-2018 CONSTRUCTION COST $7.5M STAFF Lea Reis, P.E. Greg Solberg CLIENT NAME City of Redondo Beach REFERENCE Lauren Sablan, PE Lau ren.Sablan@Redondo. org 310.318,0661 x2520 PROJECT VALUE $4.8M STAFF Davina Buenavista, CM Dave Hernandez, Inspector 381Page FY 19/20 PAVEMENT REHABILITATION PROJECT (PROJECT NO. PW 20-01) EL SEGUNDO, CA KOA provided inspection services for this project which consisted of asphalt and PCC removals; pavement grind and overlay; utility adjustment; signing and striping for various residential streets. The Inspector was responsible for coordinating the work with the contractor and communication with the City, daily reports, observing construction work per plans and specifications, field memos, working with CM on progress payments, and creating and tracking final punch list and as -built plans. ANNUAL RESIDENTIAL STREET REHABILITATION PROJECT, AREAS 2 and 3 RANCHO PALOS VERDES, CA KOA provided project management for this project which consisted of coordinating design, advertisement and award to contractor, managing aspects of asphalt and PCC removals; pavement construction, slurry and cape seal, ADA ramp, curb and gutter, alley intersection, and cross -gutter reconstruction; utility adjustment; signing and striping for various residential streets. Project Manager was responsible for tracking contract budget, responding to RFI and submittals, creating change orders, processing payments, and coordinating construction progress with the consulting construction management and inspection firm. CLIENT NAME City of EI Segundo REFERENCE Floriza Rivera FRivera@ElSegundo.org (310) 524-2361 PROJECT VALUE $2.0M STAFF Lea Reis, PE, CM Dave Hernandez, CLIENT NAME City of Rancho Palos Verdes, CA REFERENCE Ron Dragoo, PE RonDi@RPV.com (310) 544-5200 PROJECT VALUE $2.8M STAFF Lea Reis, PE 391Page SECTION 4. REFERENCES 1. City of Inglewood — La Brea Avenue Improvement Project One Manchester Blvd. 3rd Floor Inglewood Ca., 90301 Kenrick Sanderlin email: ksanderlin@cityofinglewood.orq Phone: 310-412-5333 Fax: 310-412-5552 2. City of EI Segundo — FY17/18 Pavement Rehabilitation Project 350 Main Street EI Segundo CA 90245 Lifan Xu email: Ixu@elsegundo.org Phone: 310.524.2368 3. City of La Habra — Pavement Rehabilitation and Water Replacement Projects 110 E. La Habra Blvd. La Habra, CA 90631 Christopher L. Johansen, PE City Engineer Johansen@lahabraca.gov Phone: 714.944.2966 4. City of Redondo Beach — Sewer Replacement and Pavement Rehabilitation Project 415 Diamond Street Redondo Beach CA 90277 Javier Urista email: javier.urista@redondo.org Phone: 310.318.0661 x2441 5. City of Anaheim — Brookhurst Widening Project Public Works Department 200 South Anaheim Blvd Anaheim CA 92805 Joann Wu email: JWu@tustinca.org 401Page SECTION 5. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS KOA has reviewed and will comply with all aspects of the Agreement. Comments to consider We note that per our surety "alleged" acts may not be insurable, or enforceable under law, and recommend the removal of that specific term. #'-. s.,. tai'`. � o r� .;(, #'- ib.• i 1 x,, : t;j :.i � iM, IF 411Page SECTION 6. ADDENDA ACKNOWLEDGEMENT There are no addenda for this RFP FEE PROPOSAL The fee proposal is attached separately as per the RFP. 421Page LOS ANGELES I CORPORATE OFFICE 1100 Corporate Center Drive, Suite 201 Monterey Park, CA 91754 (323) 260-4703 ORANGE COUNTY OFFICE 2141 W. Orangewood Avenue Orange, CA 92868 (714) 573-0317 INLAND EMPIRE OFFICE 3190 Shelby Street, Bldg C. Ontario, CA 91764 (909) 890-9693 SAN DIEGO OFFICE 5095 Murphy Canyon Road, Suite 330 San Diego, CA 92123 (619) 683-2933 COACHELLA VALLEY OFFICE 78-405 Via Caliente La Quinta, CA 92253 (760) 694-1716 WESTSIDE OFFICE 300 Corporate Pointe, Suite 470 Culver City, CA 90230 (310) 473-6508 K ODA www.koacorp.com O N e -I tw c y J cu m Ln N @J N C Y C O U to 0. c 0 m C7 !D GJ Ln N i-4 Y Y 9 ice+ �C L v cu2 CL) O e-1 N tn. 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N to 0 E E X Y d I- 0 O L 0 Attachment F RFP Package CITY OF ROSEMEAD REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION, GEOTECHNICAL & MATERIALS PHASE I TESTING FROM MARSHAOLVE RESURFACING PROJECTST TO GRAND AVE RFP NO. 2021-08 SUBMITTALS: Three (3) bound copies and one (1) electronic PDF file on flash drive or CD of the proposal in sealed envelope(s) must be received by the City of Rosemead's City Clerk's Office by: no later than Wednesday, July 28, 2021 at 2:00 p.m. TECHNICAL CONTACT PERSON: Ahmad Ansari, Acting Public Works Director City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 (626) 569-2158 aansari@cityofrosemead.org PROPOSALS RECEIVED AFTER THE TIME AND ABOVE ACSIMILE AND E MAI PRO OSAL WILL NOTBEACCEPTED.. SHALL NOT BE CONSIDERED. Please direct any questions or concerns regarding this RFP to Ahmad Ansari, Acting Public Works Director via email: aansari@cityofrosemead.org no later than 10 days prior to the RFP due date. Answers to submitted questions will be posted on the City's website. This RFP is posted on the City's web -site. Please review the requirements of the RFP and submit your proposal by the date specified. Issued by: Ahmad Ansari, Acting Public Works Director City of Rosemead Page 1 CITY OF ROSEMEAD REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION, GEOTECHNICAL &MATERIALS TESTINGSERVICES FWALNUT GROVE OM MARSHAOLST TO GRAND AVE. VE RESURFACING PROJECT PHRFP NO. 2021-08 A. INTRODUCTION/OBJECTIVE The purpose of this Request of ProposalsManagement, select the Construction olnspection, Consultant to provide Construction 9 Geotechnical &Materials Testing ServiceVeorR Walnut 08 rove AveThe City wishesesurfacing eto ct Phase I, From Marshall St. To Grand Ave., obtain these services under a Professional Services Agreement. B. BACKGROUND ABOUT THE CITY The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles east of downtown Los Angeles. It is bounded ee hAlhambba,the cities of and the un ncorpoeated City and San Gabriel, on the west by Monterey Park Los Angeles County community of South Sant TheabrieCity is 5 5 square mthe south by liles (2,344 plus by EI Monte and South EI Monte on the eas acres) in size. Rosemead is.a working-class suburb with a diverse population base. According to the 2010 Census, the City had a population of 53,764. The estimated makeup of the City was 4.7% White, 0.3% African American, 60.3% Asian, 33% Hispanic/Latino (of any race), and 0.7% Non -Hispanic Other. As ns te lt(2000t-2010)., Rosemead only added 259 residents to its population during last decad Rosemead's appeal as a new kind of small tow in divers ty, andn in the het f an urban evoly ng for the futueet is accomplished by honoring tradition, uniting This is evident in Rosemead's Key Organizational Goals which aim to: improve public areas including infrastructure and community facilities; enhance public safety and the overall community environment and opportunities for residents through programs, services, education, and recreation; and ensure the City's financial stability in order to continually meet these goals and provide basic services to the community. Today, the city boasts that its goals include the improvement of quality of life offered in Rosemead in abusiness-friendly atmosphere pble and affordable community in which onomic growth and prosperity. The city offers aes Page 2 to live and a dynamic and expanding business sector that is an economic growth engine for West Coast commerce. C. DESCRIPTION OF PROJECT AND SERVICES The purpose of this Request of Proposals (RFP) is to select the most -qualified Consultant to provide Construction Management, Construction Inspection, Geotechnical & Materials Testing Services Ave.,f RFP Walnut Grove r a ve Resurfacing Project Phase I, From Marshall St. To Grand The project involves removing and replacing existing AC Pavement (coldmill and overlay), and asphalt pothole repairs, replacement of PCC sidewalk, curb and gutter and miscellaneous work asnected essa n construction completion of the including projectother incidental and appurtenant work necessary for the proper The project limits are on Walnut Grove Avenue from Marshall St to Grand Ave (North City Limits). Construction duration is 30 working days. Project plans is attached to this RFP. The project will not use federal or special funds. Project will be funded using local funding sources. The services to be provided by the selected consultant include the following project phases: 1. Pre -construction Phase. This phase will cover all services until start of field construction, and will include coordinating with the Contractor pre -construction activities, pre -con meeting, review of submittals, review of plans and responding to questions and RFI's (including coordinating with the design engineer for necessary clarifications and responses), review of base line schedule that will be submitted by the contractor, and other activities as necessary. 2. Construction Phase. This phase will cover all services during construction phase. 3. Construction Close-out Phase. This phase will cover all services after field construction is completed until close out of the project. For all projects, regardless of funding source, the City follows the requirements of Caltrans Local Assistance Procedures Manual. Therefore, the construction of the project shall be managed and administered in compliance with Caltrans Local Assistance Procedures Manual. The project streets are along heavily travelled, business and residential areas, and will have extensive impacts on parking, adjacent businesses and residents. Page 3 Therefore, an effective public relations effort and program to keep public informed at all times and responding to public inquiries, comments, complaints effectively is an important task that the selected consultant is required to perform. Selected consultant shall provide all necessary project personnel, necessary to manage all aspects of this project effectively and efficiently with minimal support from City Staff. Following are anticipated project tasks to be performed by the selected consultant. Consultants shall provide any additional information to demonstrate their understanding of the scope and experience in similar types of projects and services. • Deliver services in accordance with the Project plans, specifications, and estimates (PS&E). • Manage and coordinate all aspects of the Project inclusive of services identified in the RFP. • Conduct a pre -construction meeting and bi-weekly construction meetings with the contractor, City, and other involved parties. Prepare and distribute meeting agendas and minutes. Coordinate with City staff, contractor when applicable, agencies, and Project stakeholders. • Prepare weekly statement of working days. • Participate in field meetings and document issues, findings, direction, changes, etc., and develop solutions. • Provide supervision, scheduling and problem resolution for the contractor. • Maintain Engineer's and Inspector's Daily Reports, and recording work in progress, which may include the hours worked by men and equipment. • Contract Time Monitoring shall include review working days, contract time requirements, and documentation of time extensions. Maintain a written record of project progress, which shall indicate factors which may affect the work, such as, weather conditions, utility delays, strikes or labor disputes, and material shortages. Based on these factors a record of working days will be maintained, including: o Weekly Statement of Working Days o Where work is being paid for based on the cost of labor, equipment, and material o When there is an anticipated change in character of work o When there is a potentially significant overrun or underrun, or o When there is disputed work or a potential claim When the report is used to determine compliance with labor provisions of the contract, the following additional information may be included: o The names or identification numbers of the contractor's personnel o The respective classifications of the work being performed o The number of hours worked on the date covered by the report Page 4 o Reporting for labor compliance will be done on a random spot-check basis only. One report per week on the project will ef complianceas an inial ghasebeen The frequency may be reduced after a high degree o verified. • Files, which shall contain all data pertinent to the work and to the Maintain Project requirements of the specifications. In geneecifi cafi ns,flles and clolntracpt ort payments to of file control, conformance to contract sp the contractor tractor to ensure as -built drawings and specifications are properly Monitor the con maintained. The CM shall coordinate with the Contractor so that the as -built documents are properly prepared and maintained throughout the Project and submitted at the end of the Project to the City Engineer. ® Conduct labor field interviews. • Provide geotechnical & materials testing and inspection services for asphalt placement, compaction testing, etc. Establish project filing system, and maintain projects files and records. Manage and process change orders and pay requests. Maintain an accounting of construction costs to complete the Project, including recommendationsc and eprepare Review payment requests, make payment progress payments in City's standard format. • Manage, respond, approve/disapprove and process RFIs and submittals. Conduct construction meetings. • Conduct project progress meetings with City and present project progress, budget, issues, resolutions. • Provide inspection and enforcement of NPDES, and SWPPP. • Respond to inquiries and provide responses to public, City and other parties. Maintain a log of any communications with Public and provide the information to City. Conduct project walk-through(s) and prepare punch list(s). D. PROPOSAL SUBMISSION Proposals shall be submitted in 2 separate sealed envelopes as follows: 1. Technical Proposal, nbound and 1sPDF file on thumb driveand I PDF file on b drive 2. Fee Schedule, 1 bou copy Proposal submitted due date is: Wednesday, July 28, 2021 at 2:00 P.M. Proposals shall be addressed to: City of Rosemead -City Hall Page 5 City Clerk's Office 8838 E. Valley Blvd. Rosemead, CA 91770 Attn : Ericka Hernandez, City Clerk Late Proposals will not be accepted. E. CONSULTANT SELECTION SCHEDULE ■ Selection of Proposer (Tentative Date): August 2021 ■ Consultant Start (Tentative Date): September 2021 F. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS City's Standard Professional Services Agreement is provided as Attachment. Please review and provide any comments you have. City does not guarantee that any revisions to contract will be accepted. G. CONSULTANT SELECTION METHODOLOGY The City will evaluate the Proposals submitted, and select the most qualified consultant. In evaluating the Proposals, the City may consider the following factors: ■ Completeness of the RFP and compliance with the required format. ■ Project understanding and approach to provide the requested services efficiently. ■ Experience and qualifications of the project team members. ■ Experience and qualifications of the firm. ■ Experience in local area and project requirements and process. ■ Experience in working as an extension of City staff and providing services in similar capacities with minimal direction from City staff. During the evaluation process, the City may also contact listed references (or request additional references), and include the feedback received in the evaluation factors listed above as applicable. H. PROPOSAL SUBMITTAL FORMAT Proposal shall be submitted in the format specified below: Cover Letter: Provide an executive summary of your proposal. Page 6 Table of Contents: Provide contents of proposal with page number references foreach proposal section listed below. Section 1. Approach, and Scope of Work: Provide your understanding of the project, scope of work, and describe your approach in providing services. Section 2. Project Team, Key Personnel and Resumes: Provide an organization chart showing the names and responsibilities of key personnel and subconsultants. Provide resumes of all key personnel identified in the organization chart. Section 3. Company Qualifications: Provide qualifications of your, emphasize similar services provided, and local experience. Section 4. References: Provide 5 Public Agency references for similar projects. Section 5. Standard City Contract and Insurance Requirements: Proposers shall review the attached Standard City Contract and Insurance Requirements and provide a statement that they will comply with all aspects of the Agreement or provide any comments that they would like the City to consider. Section 6. Addenda Acknowledgement: If any Addenda is issued by the City, they shall be acknowledged in this section. Fee Proposal In a separate sealed envelope, please submit a not to exceed fee proposal listing a detailed cost for each task and sub -task; including work classification, rate, and estimated hours for each subtask of work. The general Scope of Services outlined herein is only provided as a guide in this Request for Proposals. Consultants shall provide a detailed Scope of Services in their submitted Work Proposal as necessary to reflect the method and procedure in which they intend to provide the required professional services, consistent with the general Scope of Services. your firm's current Hourly Fee Rates for staff classifications who might work on this project. I. PROTEST PROCEDURES This section sets forth the protest remedies available with respect to the RFP. Each prospective consultant, by submitting its Proposal, expressly recognizes the limitation on its rights to protest contained herein, and expressly waives all other rights and remedies. Each prospective consultant agrees that the decision on any protest, as provided herein, will be final and binding on the protestant. All protests and related statements described in this section shall be submitted to: Page 7 City of Rosemead -City Hall 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Ericka Hernandez, City Clerk J. DEBRIEFING Proposers who submit a proposal in response furtherto theconsideraFP shallpnotified in writing on when the proposer was not selected to receive K. PUBLIC RECORDS ACT s Act Proposals may be subject to public disclosuremitt g ing a p tropp osal, the pr poser wa fornia Public ves all and other public records laws, and by sub rights to confidentiality of any information {te btt dawn Proposals become the proposal and ghe property and all such disclosures required or perm Y oser agrees that the of the City when submitted and by ion, documenitalng a tion orroposal, the prop writ ng contained in the proposal for City may use any information, any the City purpose. L. PRE -CONTRACTUAL EXPENSES RESPONDING TO THE RFP PREPARATION The City not be liable for any pre -contractual expenses incurred by any proposer or and hold by any selected consultant. Each proposer claims, or protect,def es indemnify recurred by, harmless the City from any and all liability,is RFP. or on behalf of, the entity participating in the p epar incurred by proposeation of its response to rthe Pre -contractual expenses are defined as exp selected consultant, if any, in: ■ Preparing and submitting information in response to this RFP ■ Negotiations with the City on any matter related to this procurement Costs associated with interviews, meetings, travel or presentations ■ ■ All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed. The City reserves the right to amendwithdraw t Pcontract execut n. The City S the right to reject all responses to thisquest at any time prior or only award a partial M. QUESTIONS REGARDING THIS RFP nsai, Acting Please direct any questions or concerns reg trlng this RFP ofrosemead oro Ahmad no aterthanr10 days Public Works Director via email: aansariC�cy Page 8 prior to the RFP due date. Answers to submitted questions will be posted on the Cities' website. ATTACHMENTS: Attachment A - Standard City Contract and Insurance Requirements Attachment B - Project Plans: Project Plans are available to download from the following link: _ n 0-,40/,)nnoi,gr.%,9nAonendix%20A- Proiect%20Plans. PDF?dl=0 Page 9 Attachment A PROFESSIONAL SERVICES AGREEMENT NAME OF PROJECT (CONTRACTOR NAME) 1. PARTIES AND DATE. This Agreement is made and entered into this INSERT DATE (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and CONTRACTOR NAME with its principal place of business at ADDRESS ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing TYPE OF SERVICE to public clients, is licenced in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render PROJECT SERVICE OR NAME ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant 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 TYPE OF SERVICE services necessary for the City, herein referred to a "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 Agreement, the CONSULTANT Page 2 of 11 exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for a INSERT TERM YEAR year time period from Effective date with the option for up to two (2) one-year extensions at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of the Agreement, and shall meet any other established shcedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant 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. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant 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 Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be CONSULTANT Page 3 of 11 promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant will designate to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant'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 Agreement. , 3.2.7 Coordination of Services: Consultant 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. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement 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. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant 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, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant 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 Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations. Consultant shall ;keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged CONSULTANT Page 4 of 11 failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 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 Consultant 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 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. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed INSERT COST AMOUNT per fiscal year. The City agrees to pay Consultant a fee of INSERT COST AMOUNT WRITTEN ($INSERT NUMBERICAL COST) a month. Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and Services rendered by Consultant. 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 of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant 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 Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which 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 Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of CONSULTANT Page 5 of 11 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" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 Consultant's principal place of business and at the project site. Consultant 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. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant 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 Agreement is CONSULTANT Page 6 of 11 terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement 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: CONSULTANT: NAME ADDRESS Attn : Tel: CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: 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. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, CONSULTANT Page 7 of 11 written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 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 Agreement. 3.5.5 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 Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action. 3.5.6 Indemnification: To the fullest extent permitted by law, Consultant 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 Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant'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. Consultant 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. Consultant 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. Consultant'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. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior CONSULTANT Page 8 of 11 negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement 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 work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. 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 Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 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, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the CONSULTANT Page 9 of 11 remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant 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. Consultant 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. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. CONSULTANT Page 10 of 11 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, 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 Agreement. [Signatures on next page] CONSULTANT Page 11 of 11 CITY OF ROSEMEAD By: City Manager Attest: CONTRACTOR By: Date Name: Title: City Clerk Date Approved as to Form: Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: Name: Date City Attorney Title: EXHIBIT A PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME A-1 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant 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 agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance: Consultant 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. 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: Consultant 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 Consultant 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. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. C-1 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. 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 Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant 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 agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages 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. Consultant 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. C-2 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. 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 agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant 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. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant 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. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant 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 agreement to self -insure its obligations to City. If Consultant'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 Consultant, which may include reduction or elimination of the deductible or selfinsured 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. C-3 13. For purposes of applying insurance coverage only, this Agreement 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 Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant 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.Consultant 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 agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant'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 coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement 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 Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Consultant 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 Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not C-4 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. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. 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. C-5 Attachment G Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT FOR, CONSTRUCTION MANAGEMENT, CONSTRUCTk" INSPECTION, GEOTECHINCAL & MATERIALS TESTING SERVICESFE}R WALNUT GROVE AVE RESURFACING PROJECT PHASE I, FROM MARSHALL TO THE NORTHERLY CITY LIMIT (Z&K CONSULTANTS INC.) `4 1. PARTIES AND DATE. This Agreement is made and enteredinto this Daykof , 20 (Effective Date) by and between the City of Rosemead, °a municipal organization organized under the laws of the State of Califgria wi nth its pfincipal place of business at 8838 E. Valley Blvd., Rosemead, California -911770 ("Cit ''and Z&K Consultants Inc. with its principal place of bsiness;at473 E. Carnegie Driv, Suite 200, San Bernardino, CA 92400 (" Consultant") City and onsultant are; sometimes individually referred to herein as "Party" and colNectively;;,as " Parties. 2. RECITALS. 21 Consult Consultant desires-gperforrn and assume responsibility for the provision of certain professional services required by" the City on the terms and conditions set forth in this Agreement Consultant represents that it is experienced in providing Construction Management, Censtructipry Inspection, Geotechnical & Materials Testing Services to public clients, is licenced rn the State of California and is familiar with the plans of City. 2.2 Project: City desires to engage Consultant to render Construction Management, Construction Inspections, Geotechnical & Materials Tesing Services For Walnut Grove Avenue Resurfacing Projet Phase I ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. Z&K Consultants Inc. Page 2 of 11 3.1.1 General Scope of Services. Consultant 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 Construction Management, Construction Inspections, Geotechnical & Materials Tesing Services for the Project, herein referred to as "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 Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall., be from Effective Date shown above to December 31, 2022, at the sole and absol4te discretion of the City, unless earlier terminated as provided herein. Consultant shall `6mplete the Services within the term of the Agreement, and shall meet any other es-at�4,shxbd shcedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subord hategs; Independent Contractor. The Services shall be performed by Consultant or under, its supervision. Consultant will determine the means, methods and, details of performing, the Services subject to the requirements of this Agreement. City retains Consultant on an yidependent contractor basis and not as an employee. Consultant retains the right to;erform similar or different services for others during the term of this P�gr&ment.,_`Any additional personnel performing the Services under this Agreemenj, on behalf. of Consultant shall also not be employees of City and shall at all times be.under Coratultant's exclusive direction and control. Consultant, sFrall pay all wages, salaries, and other amounts due such personnel in connection with, e -their performance of Services sunder this Agreement and as required by law. Consultant shal(be responsible for all•reports and obligations respecting such additional personnel, including, but not linged to: social security taxes, income tax withholdirg; unemployment insurance, disability insurance, and workers' compensation insurande. 3.2.2 Schedule of *,Services. Consultant shall perform the Services expeditiously, -within the term of this Agreement. Consultant represents that it has the professional an! technical personnel required to perform the Services in conformance with such conditions. In ofder to facilitate Consultant's conformance with the Schedule, City shall respond to Cprsultant's submittals in a timely manner. Upon request of City, Consultant shall pro, �.de a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute Z&K Consultants Inc. Page 3of11 other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City s alll be entitled to terminate this Agreement for cause. As discussed below, any p who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat ltant Conshe safety of ersons or at thepeque t of the City. , shall be promptly removed from the Project by th 3.2.5 City's Representative. The City hereby __designates the City Manager, or his or her designee, to act as its representative fn thperformance of this Agreement ("City's Representative"). City's Representative's, hall have the power to act on behalf of the City for all purposes under this Agreement Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: "Consultant will designate th Principal in Charge; Crystal Faqih, to act as its representative for the perl`orMance of this Agreement ("Consultant's Representative"). Consultants; Representative•=shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, ii using his/her best skill and attention,' and shall be responsible fir all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement �;. 3.2.7 C9prFdination of Services: Consu.>tant 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 %gimes. 3.2.8 Standard 'of Care, Performance of Employees: Consultant shall perform all _6ervlces under this Agreemen-Ob a skillful and competent manner, consistent with the"s{andards generally recognized as being employed by professionals in the same discjpline ,in the State of California, Consultant represents and maintains that it is skilled in the professional calling. necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them..Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally require&i perform the Services, including a City Business License, and that such licenses+nd approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant 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 . Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and of the Projecteral laws, or the Servicees s, mcdludinglations in any all Cal/OSHA manner affecting the performance Z&K Consultants Inc. Page 4 of 11 requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall mainta r-prior•to the beginning of and for the duration of this Agreement insurance coverage.as specified in Exhibit B attached to and part of this agreement. 9' 3.2.11 Safety: Contractor shall ,execute and maintain its work so as to avoid injury or damage to any person or prope ty. rn carrying out \its Services, the Consultant shall at all times be in compliance with all applicable local, state,d federal laws, rules_ and regulations, and shall exercise all necessalryrecautions for the safety of 9- employees appropriate to the nature of the work and theonrtions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontracta(s, spch as safe walkways, scaffolds, fall protection ladders, bridges, gang, planks, co f-hed space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary. or, lawfully required to preven5accidents or injuries; and (C) adequate facilities for't proper inspection :and mainteiance of all safety measures. 3.3 Feet and Payments. 3.3.1, Compensation. ConsItant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed .sixty Four Thousand Six Hundred Five Dollars ($64,605). Extra Work may be autl�or[zed in writing, as described ;below, and will be compensated at the rates and manner set -forth in this Agreements 3,3-.,2, Paymegt of Compensation. Consultant shall submit to City a monthly itemized statement-, whif indicates work completed and Services rendered by Consultant. The staterr�ent shall describe the amount of Services and supplies provided since the initial comrrllencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant 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 Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any Z&K Consultants Inc. Page 5 of 11 work which 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 Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant 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" project, as defined by the Prevailirtg-0 Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant witlwcopy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wag s for each craft; -classification or type of worker needed to execute the Services avail to interested parties upon request, and shall post copies at the Consultant's principal place. of business and at tp, a project site. Consultant shall defend, indemnify and hold the City, its elected offic�a1s, officers, employees and agents free and harmless from any cla ori liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection:- Consultant shall maintain complete and accurate records with respect to all costs and ;ftenses incurred under this Agreement. All such records ,shall be clearly identi#ioble. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copieslof such recti rds and any.ot�er documents created pursuant to this Agreement. Consultant shall allow inspection cif °all work, data, documents, proceedings, and activities related to the Agreement for a;.period of three (3) years from the date of final payment pOder this Agreement.- 35 General Provisions.. 3 5.1 Termination of Agreement. 3.5.1.1_ ` Grounds for Termination: City may, by written notice to Consultant, terminate toe- whole or any part of this Agreement at any time and without cause by giving written- notice to Consultant of such termination, and specifying the effective date thereof,; -:at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to Z&K Consultants Inc. Page 6 of 11 provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted .o0required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writfing for this purpose: CONSULTANT: 4' Z&K Consultants Inc. 473 E. Carnegie Drive, Suite:200 San Bernardino,_ California 92400 Attn: Crystal Faqih Tel: (951) 310-7470 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 At : City Manager Tel: (6 26) ;569-2105 Such notice .shall be deemed 'made why personally delivered or when mailed, forty-eight .(48) hours after deposit in the= J.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 0" df, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3;1' Documents & Data; Licensing of Intellectual Property: This Agreement creates .a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sbticense any and all copyrights, designs, and other intellectual property embodied"In plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Z&K Consultants Inc. Page 7 of 11 Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this P�greerra:ent shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than th�p"performance of the Services. Nor shall such materials be disclosed to any person or Ientity not connected with the performance of the Services or the Project. Nothing f' rished to Consultant which is otherwise known to Consultant or is generally ®rTown, or has become .known, to the related industry shall be deemed confidential. Consultant shall not use-City'S11name or insignia,. photographs of the Project, or any publicity pertaiing to the Seances or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City:',- 3.5.4 ity: ,-3.5.4 Cooperation; Further Acts: The Partiesshall sully cooperate with one another, and shall take any additional acts or sign any additibal- I documents as may be necessary, appropriate or convenient to attain the',:purposes cif this Agreement. 3.5.5 At .rhey'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 Agreement, the `prevailing patty in such litigatign shall be entitled to have and recover from the losing party reasonable attorney's fees end all costs of such action. 3.5.6._Indemnification: To th'e fullest extent permitted by law, Consultant 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, ; iabiIity, loss, .damage or injury, in law or equity, to property or persons, including wrongful death, ih:,any manner arising out of or incident to any alleged acts, omissions or'willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project ©r-.-fhis Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant'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. Consultant 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. Consultant 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 Z&K Consultants Inc. Page 8 of 11 indemnity herein provided. Consultant'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. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. z. 3.5.8 Governing Law: This Agreement shelf g be _overned by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is, of the essence for each and every provision of this Agreement. Y 3.5.10 City's Right to Employ Other Cons,�ltaMs: City reserves right to employ other consultants in connection with this Project': 3.5.11 Successors and Assigns: This Agreement ..§.hall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer:, consultant shall not assign, hypothecate, or transfer, either direvv or by. operation of law, this Agreement 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;': hypothecat0s or transfereep shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3 5:13 Construction; References; Captions: Since the Parties or their agents have participatedfully in, the preparation of this Agreement, the language of this Agre9ement 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 work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in thisAgreeme-60. All references to City include its elected officials, officers, employees, agentsand-volunteers except as otherwise specified in this Agreement. The captions of the vario o- `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 Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 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, Z&K Consultants Inc. Page 9 of 11 benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains_ and warrants that it has not employed nor retained any company or person, other than. a bona fide employee working solely for Consultant, to solicit or secure this Abreement. Further, Consultant warrants that it has not paid nor has it agreed to p: ,..any company or person, other than a bona fide employee working solely for Consul, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from thaward or making of this Agreement. Consultant further agrees to file, ,or shall cause its employees or subconsultants to file, a Statement of Economic Interest vu'ith the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Citi, during the term of his or her service with City, shall have any direct interest in this",sftreement, or obtain any present or anticipated material benefit arming therefrom., 3.5.19 Eqp, al Opportunity Employment C nsultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for emplofyment 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'imtial employment,, upgrading, demotion, transfer, recruitment or recruittq.eflt~advertising, layoff or termination. Consultant shall also comply with all relevant provisions 'of City's Minority business Enterprise program, Affirmative Action Planor other related programs or gu_�delines currently in effect or hereinafter enacted. 3.5.20 Labor,Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the .California Labor Code which require every employer t.=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 prVisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. Z&K Consultants Inc. Page 10 of 11 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall . not subcontract any portion of the work required by this Agreement, except as exprepsly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] Z&K Consultants Inc. Page 11 of 11 CITY OF ROSEMEAD Gloria Molleda, City Manager Attest: Ericka Hernandez, City Clerk Approved as to Form: Z&K CONSULTANTS INC. la Date [If C.prporatGnn, TWO SIGNATURES, President OR Vice_" President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] , Y7, r Name: Date Rachel Richman Citv Attorney Title:_ EXHIBIT A PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME A-1 y� a= ` A-1 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to, .,; mend,supplement or endorse the existing coverage to do so. Consultant acknowledo-&,that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Coity in excess of the limits and coverage required in this agreement and which is applicable toe given loss, will be available to City. Consultant shall provide the following types and amounts -of insurance: } Commercial General Liability Insurance: Consultant sh.11 malrntain comrrfe'rcial 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-darpage. The policy must include contractual liability that has not been amended. A" endorsement restricting standard ISO "insured contract" language will rid be accepte . 11 Automobile liability insWpnce Consultant she'll maintaip,iautomobile insurance at least as broad as Insurance Services" Office form CA; 00 01 covering bodily injury and property damage for all activities of the Consultant arisingput of or in connection with Work to be performed under this Agreement, in'11-cluding cov.'rage for any owned, hired, non -owned or rented vehicles., in an amount not Iess,tharrp 1,000,000 combined single limit for each accident. Excess or Umbrella Liability Insurance"(Over Primary) if used to meet limit requirements, shall provide coverage at least as'Koad as specified for the underlying coverages. Any such cover -69-P, provided under an umbrella liability policy shall include a drop down provision providing primarycoverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be balf' basis, with defense costs payable in addition to policy limits. provided on a "pay on Policy shall contaih' a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. C-1 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. 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 Vll. General conditions pertaining to provision of insurance 'coverage by Consultant. Consultant and City agree to the following with res Jo insurance ptovided by Consultant: 3 1. Consultant agrees to have its insurer endorse the. third party general liability coverage required herein to include as additiopal insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provide to compl ."with this Agreement shall prohibit Consultant, or Consultant's en ployees,-ors gents, from waiving the right of subrogation, -prior -,to, a loss. Coris"%Itant agro'es 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 apo icable-to this agreement are infended to apply to the full extent of the policies. No hing contaihed,in this Agreement or any other agreement relating to the City or its:operations limits the application of such insurance coverage. 4. None=of the coverages 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 C and approved of in writing. 5. No liability poJlicy 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. Consultant 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. C-2 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. 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 agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30.,days notice to City of any cancellation of coverage. Consultant agrees to req.aire its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposeso;Qb1tgation, or that any party will "endeavor" (as opposed to being required)-to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreerp nt that all insurance coverage required to be provided by Consultant 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. Consultant agrees to ensure that subcontrctors,. and.any other party involved with the project who is brought onto or involved m the project by Consultant, provide the same minimi }b insurance coverage requiredyConsultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is pro ded in conformity with the,requirements of this section. Consultant agrees _that upon request, If agreements with subcontractors and others.engaged in the project.vtnll be dbmitted to City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any'portion of je insurance required herein and further agrees that itwill.-not allow any-c6ntractof, subcontractor, Architect, Engineer or other entity or person;n any way involved in the performance of work on the project contemplated by thisagreement to` self-insure its obligations to City. If Consultant's existing coverage meludes ,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 Consultant, 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. C-3 13. For purposes of applying insurance coverage only, this Agreement 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 Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant 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. Consultant will renew the required coverage annually, as, long as City, or its employees or agents face an exposure from operations``of dry type pursuant to this agreement. This obligation applies whether or not`tthe agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies, of insurance requirOtl; herein expiring during the term of this Agreement have. been renewed or replaced, with other policies providing at least the same coverage. Proof t at such coverqdee has been ordered shall be submitted prior to expiration:, A coverage binderwor letter from Consultant'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'proyided to City within five days of the expiration of the coverage's..,s 17. The provisions of any workers' compensation o similar act will not limit the obligations of Co,P,sultant ,under this`agreement..Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. s. 18. Requirements of specific coverage fet'ures or limits contained in this section are not intended` as, limitations on coveFage, 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 intanded by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision 1.n this agreement and are intended by the parties here to be interpreted as such. el 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant 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 Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not C-4 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. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. 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. C-5 e� g`Y C-5