The URL can be used to link to this page

CC - Item 4D - Citywide Sidewalk, Curb & Gutter Replacements - Project No. 24009 - Award of Construction ContractCity Council Meeting February 22, 2022 Page 2 of 3 registration, state and federal debarment files, and references. The bid submitted by FS Contractors, Inc. in the amount of $97,127.00 is determined to be the lowest responsive bid. STAFF RECOMMENDATION Staff recommends that the City Council: 1. Authorize the City Manager to execute a construction contract with FS Contractors, Inc. in the amount of $97,127.00. In addition, authorize an amount of $9,712.70 (10%) as a contingency to cover the cost of unforeseen construction expenses, for a total construction budget of $106,839.70 FINANCIAL IMPACT The Citywide Sidewalk, Curb & Gutter Replacements Project's approved budget consists of $200,000 in Measure R Funds. The following is the breakdown of the construction phase budget: Construction Contract $97,127.00 Construction Contingency (10%) $9,712.70 Total Construction Budget $106,839.70 ENVIRONMENTAL REVIEW The proposed work involves rehabilitating existing public infrastructure; 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 City of Rosemead's Strategic Plan Goal C - Infrastructure and Facilities, which is to enhance streets, sidewalks, and public infrastructure; coordinate with relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding the use of wireless network technology and renewable energy. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. City Council Meeting February 22, 2022 Page 3 of 3 Submitted by: Michael Chung, P. Director of Public Works Attachment A: Bid Opening Results Attachment B: FS Contractors, Inc. Bid Proposal Attachment C: Project Bid Package Attachment D: Construction Contract Agreement with FS Contractors, Inc. Attachment A Bid Opening Results MINUTES OF THE BID OPENING NOTICE OF INVITING BIDS — NIB NO. 2022-02 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT NO. 24009 Due Wednesday, February 9, 2022, at 10:30 a.m. A total of 9 bid(s) was received. LIST OF BIDDERS CONTINUED ON NEXT PAGE Contractor Date/Time Received Bid Amount City I. Williamson Development Group February 9, 2022 9:02 $ 0D Lake Elsinore, CA @ a.m. 2. Martinez Concrete, Inc. February 9, 2022 $ (, 00 Azusa, CA @ 9:11 a.m. 3. Grigolla & Sons Construction, Co. Inc. February 9, 2022 $ iy / �Z� 0() San Dimas, CA @ 9:34 a.m. 4. Onyx Paving Company, Inc. February 9, 2022$ o Anaheim, CA @ 9:44 a.m. 5. S&H Civilworks February 9, 2022 $ Colton, CA @ 9:48 a.m. 1 v 6. Gentry General Engineering, Inc. February 9, 2022 j �� 1551 Rancho Cucamonga, CA @ 10:09 a.m. $ 1 LIST OF BIDDERS CONTINUED ON NEXT PAGE 7. CT&T Concrete Paving, Inc. February 9, 2022 Diamond Bar, CA @ 10:11 a.m. 8. GM Sager Construction Co., Inc. February 9, 2022 Pomona, CA @ 10:12 a.m. 9. FS Contractors, Inc. February 9, 2022 10:14 Sylmar, CA @ a.m. * Lowest Bidder: Submitted By: Lkll'l z rA Natalie Haworth, Deputy City Clerk Attachment B FS Contractors, Inc. Bid Proposal Bid Package, City of Rosemead, Cltywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 16 of 138 BIDDER: FS Contractors, Inc. CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB- &- CUTTER REPLACEMENTS PROJECT No. 24009 SECTION 1- BID SCHEDULE t Z n " F �ONTI�ACTBID �d� I , 4 f; iC CBF - 1 Bld Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 17 of 138 BIDDER: FS Contractors, Inc. BID SCHEDULE SCHEDULE OF PRICES FOR CITYWIDE SIDEWALK; CURB &:GUTTER REPLACEMENTS PROJECT No. 24009 N0, ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST 9343 Glendon Way. Remove and replace PCC curb and gutter per SPPWC Std Plan. S 1,70 0 1 120-3 to match existing, Work shall include LF 20 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 9434 Ralph St. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 D s 2a to match existing. Work shall include AC LF 50 $ $ Z slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 9434 Ralph St. Remove and replace PCC residential driveway approach per SPPWC 3 ? EN 2b Std Plan 110-2 to match existing, Curb and SF 198 $ $ gutter, and AC slot patch Is paid under a separate bid item. 7631 Fern Ave. Remove and replace 4" -780 3a PCC sidewalk. Adjust water meters to finish SF 65 $_� $ rade. 7631 Fern Ave, Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 Q 2 r 0 3b to match existing. Work shall include AC LF 26 $ v $ slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 4215 Claudia Ave, Remove and replace PCC curb and gutter per SPPWC Std Plan S' 1, 70 0 4a 120-3 to match existing. Work shall include LF 20 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 4b 4215 Claudia Ave. Remove and replace 4" SF 80 $ $ 290 PCC sidewalk. 9255 Marshall St. Remove and replace PCC curb and gutter per SPPWC Std Plan 7 22 5 120-3 to match existing, Work shall include LF 85 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 4334 Rio Hondo Ave. Remove and replace PCC curb and gutter per SPPWC Std Plan p O� 30 6 120-3 to match existing. Work shall include LF 58 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). CBF - 2 Bid Package, City of Rosemead, Citywide Sidewalk, Curb $ Gutter Replacements, Project No: 24009 Document Control Page 18 of 138 BIDDER: FS Contractors, Inc. NO. ITEM DESCRIPTION UNIT EST. QTY, UNIT PRICE ITEM COST 7a 9126 De Adalena St. Remove and replace SF 64 $ L 2-- $ 76 g 4" PCC sidewalk. 7b 9126 De Adalena St. Remove and replace SF 16 $ 12 $ 9 2- 4" PCC sidewalk. 4532 Pistache Ln. Remove and replace 4" PCC sidewalk. Work shall include tree root s �� 8 pruning uplifting the sidewalk, and SF 108 $ $ regrading the subgrade (up to 12" depth) prior to installation of new sidewalk. 4536-4532 Pistache Ln. Remove and 2 %ZD 9 replace 4" PCC sidewalk. Adjust water SF 60 $ $ meter to finish grade. 4536-4533 Pistache Ln. Remove and replace PCC residential driveway approach 3 / 27 10a per SPPWC Std Plan 110-2 to match SF 98 $ $ existing. Curb and gutter, and AC slot patch Is paid under a separate bid item. 4536-4533 Pistache Ln. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work �� li 7a0 10b LF 20 $ $ shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 4536-4534 Pistache Ln. Remove and replace 4" PCC sidewalk. Adjust water 11 meter to finish grade. Work shall include SF 132 $ 7J $ tree root pruning uplifting the sidewalk, and regrading the subgrade (up to 12" depth) prior to installation of new sidewalk. 4536-4535 Pistache Ln. Remove and replace PCC residential driveway approach 3 t 27 12a per SPPWC Std Plan 110-2 to match SF 98 $ $ existing. Curb and gutter, and AC slot patch Is paid under a separate bid item. 4536-4535 Pistache Ln. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to existing. Work !� Igo 12b match LF 14 $ $ shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 45364536 Pistache Ln. Remove and 3 13 replace 4" PCC sidewalk. Install/reconnect SF 42 $ $ new curb drain. CBF -3 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 19 of 138 BIDDER: FS Contractors, Inc. NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST 4536-4537 Pistache Ln. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work g 3 14 shall include AC slot patch (reconstruction LF 11 $ $ of 1 Foot Strip X 8" Deep of AC Pavement Section). Protect existing PCC driveway approach. 4536-4538 Pistache Ln. Remove and s --L3 14 170 15 replace 4" PCC sidewalk. Adjust water SF 90 $ meter to finish grade. 4536-4539 Pistache Ln. Remove and 16 replace 4" PCC sidewalk. Adjust water SF 120 $ $ meter to finish grade. 45364540 Pistache Ln. Remove and replace 4" PCC sidewalk, Adjust water meter to finish grade. Install/reconnect new 3 17 curb drain. Work shall include tree root SF 72 $j3 $ to pruning uplifting the sidewalk, and regrading the subgrade (up to 12" depth) prior to installation of new sidewalk. 45364541 Pistache Ln. Remove and replace PCC residential driveway approach Z 18a per SPPWC Std Plan 110-2 to match SF 102 $ $ existing. Curb and gutter, and AC slot patch Is paid under a separate bid Item. 4536-4541 Pistache Ln. Remove and replace PCC curb and gutter per SPPWC 18b Std Plan 120-3 to match existing. Work LF 17 $ $ 5 shall Include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section), 4536-4542 Pistache Ln. Remove and Q SY46 19 replace 4" PCC sidewalk. Install/reconnect SF 42 $ $ new curb drain. 4536-4543 Pistache Ln. Remove and replace 4" PCC sidewalk. Work shall 20 include tree root pruning uplifting the SF 72 $ 3 $ 93(a sidewalk, and regrading the subgrade (up to 12" depth) prior to Installation of new sidewalk. 4421 Rockhold Ave, Remove and replace g O 21 4" PCC sidewalk. Adjust water meter to SF 60 $1s3 $ finish grade. 22 9551 Guess St. Remove and replace 4" SF 112 $_ PCC sidewalk. CBF -4 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 20 of 138 BIDDER: FS Contractors, Inc. NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST 9551 Guess St. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 $ 23 to match existing. Work shall include AC LF 31 $ $ slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 24 9559 Guess St. Remove and replace 4" SF 88 $�L_ $ PCC sidewalk. 3444 Lafayette St. Remove and replace 4" 25 PCC sidewalk. Adjust water meter to finish SF 70 s-13 $ grade. 3444 Lafayette St. Remove and replace PCC residential driveway approach per '3 26a SPPWC Std Plan 110-2 to match existing, SF 70 $ $ $---T —0 Curb and gutter, and AC slot patch is paid under a separate bid item. 3444 _ Lafayette St. Remove and replace PCC curb and gutter per SPPWC Std Plan cp O s �� 0 26b 120-3 to match existing. Work shall include LF 14 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 27 2518 Evelyn Ave. Remove and replace 4" SF 60 $�_ $ PCC sidewalk. 2432 Jackson Ave. Remove and replace 4" 5 2 O 28 PCC sidewalk. Adjust water meter to finish SF 40 s --L3 $ grade, 29a 8250 Garvey Ave. Remove and replace 4" SF 98 PCC sidewalk. 29b 8250 Garvey Ave. Remove and replace 4" SF 56 $ i S 40 $—A-4-0 PCC sidewalk. 30 2409 Muscatel Ave. Remove and replace 4" SF 52 $__J L__. $ 57Z PCC sidewalk. 31 2409 Muscatel Ave. Remove and replace 4" SF 40 s $ Y00 PCC sidewalk. --L1 2409 Muscatel Ave. Remove and replace PCC curb and gutter per SPPWC Std Plan A> 5/0 32 120-3 to match existing. Work shall include LF 6 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). CBF -5 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 21 of 138 BIDDER: FS Contractors, Inc. NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST 2409 Muscatel Ave. Remove and replace PCC curb and gutter per SPPWC Std Plan 33 120-3 to match existing. Work shall include LF 20 $ 4 a $ -700 AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). Protect existing PCC driveway approach, 3639 Vane Ave. Remove existing PCC curb and replace with PCC curb and gutter per 5 34 SPPWC Std Plan 120-3 to match adjoining. LF 60 $ $ S-100 curb and gutter. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 3130 Gladys Ave. Remove and replace PCC curb and gutter per SPPWC Std Plan 5 li 0 2 35 120-3 to match existing. Work shall include LF 12 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 3130 Gladys Ave. Remove and replace portion of PCC residential driveway 3� 2 36 approach per SPPWC Std Plan 110-2 to SF 24 $ $ match existing. Protect existing curb and utter. 37 3130 Gladys Ave. Remove and replace 4" SF 40 $_1 z $ 0 PCC sidewalk, 8914 Valley Blvd. Remove and replace PCC commercial driveway approach per 38a SPPWC Std Plan 110-2 to match existing. SF 180 $ $ Curb and gutter, and AC slot patch is paid under a separate bid Item. 8914 Valley Blvd. Remove and replace PCC curb and gutter per SPPWC Std Plan Q 8� Z�7 �� 38b 120-3 to match existing. Work shall include LF 32 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section), 38c 8914 Valley Blvd. Remove and replace 4" SF 220 $ �2 I L $ 2i q0 PCC sidewalk. 3340 N. Isabel Ave. Remove and replace PCC residential driveway approach per �3 39a SPPWC Std Plan 110-2 to match existing. SF 220 $ $ Curb and gutter, and AC slot patch is paid under a separate bid item. 3340 N. Isabel Ave. Remove and replace PCC curb and gutter per SPPWC Std Plan 39b 120-3 to match existing. Work shall Include LF 25 AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). CBF -6 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Ginter Replacements, Project No: 24009 Document Control Page 22 of 138 BIDDER: FS Contractors, Inc. NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST 40 3340 N. Isabel Ave. Remove and replace 4" SF 70 $ Z $ 240 PCC sidewalk. 41 9445 Marshall St. Remove and replace catch basin deck including curb, and repaint LS 1 $ 10,000 $ f 01000 the curb. 42 8629 Marshall St. Remove and replace 4" SF 40 $_ $ q40 PCC sidewalk. 43 8629 Marshall St. Remove and replace 4" SF 24 $1_ $ 26 q PCC sidewalk. 9348 De Adalena St. Remove and replace PCC curb and gutter per SPPWC Std Plan (j 2/380 44a 120-3 to match existing. Work shall include LF 28 $ y $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 9348 De Adalena St. Remove and replace portion of PCC residential driveway 13 7 ?0 44b approach per SPPWC Std Plan 110-2 to SF 60 $ $ match existing. Curb and gutter, and AC slot patch is paid under a separate bid item. 44c 9348 De Adalena St. Remove and replace SF 36 $ $ 1132 4" PCC sidewalk. 45 4223 Muscatel Ave. Remove and replace 4" SF 52 $ $ 6 2 V PCC sidewalk. TOTAL BID AMOUNT IN NUMBERS $ 7 127. o0 TOTAL BID AMOUNT IN WORDS: k I't /14 Serle K Thov,S" v o%o Note: The City ofRosemead 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 CBF -7 Bid Package, City of Rosemead, Citywide Sidewalk, Curb $ Gutter Replacements, Project No: 24009 Document Control Page 23 of 138 BIDDER: FS Contractors, Inc. 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 B id 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 in the amount of 10 Tb b i A 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 wil I 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. CBF -8 Bid Package, City of Rosemead, Citywide Sidewalk, Curb 8 Gutter Replacements, Project No: 24009 Document Control Page 24 of 138 BIDDER: FS Contractors, Inc. The undersigned acknowledges receipt, understanding and full corisideration 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 -9 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 By: 4. Sign re Jose Angel Fierros Type or Print Name President Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): 1005940 Department Industrial Relations Registered No. 1000033438 Document Control Page 25 of 138 BIDDER: FS Contractors, Inc. 14838 Bledsoe St. Business Street Address Sylmar, CA 91342 City, State and Zip Code (818)838-6040 Telephone Number California 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 th :orporation, partnership or joint venture has the authority to do so CBF.- 10 rRAtoRs int 14838 BLEDSOE STREET SYLFIAR, CA 91342 RH0N.E: (818.) '838-6040 * FAX: (818) •838.-6.171 CONTRACTOR'S LICENSE #10.05940 CLASS .A -C8 -C27 • DIR #10000334.38 0 BOARD RESOLUTION OF FS CONTRACTORS INC.. ADOPTED ON January 4, 2016 RESOLVED THAT: 1. The following'are the appointed Directors of FS Contractors, Inc. Jose Angel Fierros, President Salomon Fierros, Vice President Jose Ernesto Fierros, Secretary 2. The board of directors approves all the directors to execute contracts and agreements on behalf of FS Contractors, Inc. Secretary's Certification: I certify that this resolution was duly adopted by the board of directors of FS Contractors, Inc. at: a properly noticed open meeting held on January 4, 207.6. Jose rnes o Fierros, Secretary 1/4/16 Bld Package, Clty of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 26 of 138 BIDDER: FS Contractors, Inc. SECTION 2 BID DATA FORMS CBF -11 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 27 of 138 BIDDER: FS Contractors, Inc. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT FS Contractors, Inc. , as Principal, and RLI Insurance Company , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of the Total Amount of the Bid DOLLARS ($ 10% ), 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 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS—as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated February 9, 2022 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 9th day of February 2022 FS Contractors, Inc. (SEAL) RLI Insurance Company (SEAL) Principal Surety By: rk0111By: SignaYure V Signature Pietro Micciche, Attorney -in -Fact CBF -12 CALIFORNIA ALL-PURPOW ACKNOWLBDQMNKT CIVIL CODE § 1189 IA notary public or other of ow completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles } On FER 0 9 2022 before me, Elisabe_te Salazar, Notary Public , Date Hens Insert Name and Trtle of the Officer personally appeared Pietro Micciche Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person04 whose name(, IOWe subscribed to the within Instrument and acknowledged to me that WAD~ executed the same in his/XKXM 1(authorized capacity¢¢, and that by his/1 If signature% on the instrument the personoo, or the entity .upon behalf of which the persono acted, executed the Instrument. for ELISABETE SALAZAR ' Notary Public • Callfornle n Los Angeles County Commission N 2742511 9My Camm. Expires Jan 19, 2025 3 01 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS: my hand send offlolal seal. Place Notary Zoal Above Qic`7 ONAL Though this section Is optional, completing thls Information can deteralteration of they document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capaclty(ies) Cialrneid by Slgner(s) Signer's Name: 0 Corporate Officer — Title(s): [.] Partner — Ll Limited 0 General 0 Individual 0 Attorney In Fact U Trustee C7 Guardian or Conservator * Other: Signer Is Representing: Signer's Name.• El Corporate Officer — Tltle(s). 0 Partner — 0 limited 0 General 0 lndlvidual EI Attomey In Fact n Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 02014 National Notary Association - www.Nation.alNotary.org - 1 -800 -US NOTARY (1-800-876-61327) Item ti8907 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergli Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby snake, constitute and appoint: Patricia Zenizo, Pietro Micciche, Elisabete Salazar, jointly or severally in the City of Glendale , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 1st day of November , 2021 . avPpNCE00•,,� Qy : p poR4 •'ms's • �y. •;�A-v''. SEAL iff I SEAL = '' State of Illinois ) ",k NOIS,,,, ',,�'''%o C„N.O�g•``,,,` } County of Peoria j SS On this 1st day of November 2021 , before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attomey as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: •C-'�oue�'- Catherine D. Glover Notary Public CATHERINE M GLOVE�JR. OFFICIAL SEALNotary Pub110 - Sunof 11N ` MyCOmmhtlMEXOM March 2I 20214 RLI Insurance Company Contractors Bonding and Insurance Company By. �% W .ai� Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com n and/or Contractors Bondingand Insurance Company this day of V:,-,Px 1 RLI Insurance Company Contractors Bonding and Insurance Company By: Q6& i 0 T1, Jeffrey DUickil f/ v Corporate Secretary 0449533020212 A0058D 19 Bid Package, Clly of Rosemead, Citywide Sidewalk, Curb $ Gutter Replacements, Project No: 24009 Document Control Page 28 of 138 BIDDER: FS Contractors, Inc. 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent ofthe Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion ofthe 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%) ofthe 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 - 13 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 29 of 138 BIDDER: FS Contractors, Inc. 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location of Subcontractor Description of Work to be Subcontracted Name: N O.t4 Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work 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. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF - 14 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 30 of 138 BIDDER: FS Contractors, Inc. 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. City of Bell 6330 Pine Avenue Bell, CA 90201 Name and Address of Owner Ray Alfonso (323) 588-6211 Name and telephone number of person familiar with project $214,515.48 Contract amount Citywide Sidewalk Repair FY19-20 3/2/21 Type of Work Date Completed 2. City of Pasadena Public Works Department 100 N GarfieldAve, City of Pasadena, CA 91101 Name and Address of Owner Tony Ann (626) 744-7403 Name and telephone number of person familiar with project $1,851,360.95 Citywide Sidewalk Improvement 2020 4/13/21 Contract amount Type of Work Date Completed 3. City of Thousand Oaks 2100 Thousand Oaks Blvd. Thousand Oaks, CA 91362 Name and Address of Owner Ronner Del Castillo (805) 449-2499 Ext 50 Name and telephone number of person familiar with project $405,862 2021 Sidewalk & Concrete Replacement 10/19/21 Contract amount Type of Work Date Completed CBF - 15 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 31 of 138 4. BIDDER: FS Contractors, Inc. City of Santa Clarity 23920 Valencia Blvd. Suite 300 Santa Clarita, CA 91355-2196 Name and Address of Owner Scott Hamilton (661) 294-2563 Name and telephone number of person familiar with project $301,894.70 2020 - 21 Annual Concrete Rehab Program 9/16/21 Contract amount Type of Work Date Completed CBF - 16 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 32 of 138 BIDDER: FS Contractors, Inc. SECTION 3 NDN - COLLUSION AFFIDA VIT CBF - 17 Bid Package, City of Rosemead, Citywide sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 33 of 138 BIDDER: FS Contractors, Inc. NON -COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn This day of Notary Public inAd for the State of California My J. r,u4-1 Signkfure Jose Angel Fierros Typed or Printed Name President Title FS Contractors, Inc. Bidder me .20 ;omm�Wsion Expires: ee a If -� a-c� W� -P-,A �- CBF - 18 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CMI. 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 Califomia ) County of _ Los Angeles ) On February 9, 2022 before me, Martha T� h .l Lopez Riihi, hlQt= Public , Date Here Insert Name and Title of the Officer personally appeared Jose Angel Fierros I f Signer(sr who proved to me on the basis of satisfactory evidence to be the personwhose name( Is/amsubscribed to the within instrument and acknowledged to me that he/sW/tiae `execut(id the same in his//tuthoriied capacity4i&), and that byhis/fjerltl�vlfsignature(aj�on the Instrument the person( or the entity upon behalf of which the personK acted, executed the instrument. 4PMARTHA ISABEL LOPEZ RILIBI Notary Public, California Los Angeles CountyS Commission if 2356361 My Comm. Expires May 21, 2025 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature . mnzt�— / Signature of Notary P "c 2�) Place Notary Seal Above -- - OPTiONAL Though this section Is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Gene ❑ individual ❑ Attor Fact ❑ Trustee rdian or Conservator ❑ Other: Signer epresenting: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing:. T 02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Attachment C Project Bid Package Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 CITY OF ROSEMEAD CALIFORNIA Document Control Page 1 of 138 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 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, FEBRUARY 9, 2022 AT 10:30 AM Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 TABLE OF CONTENTS BIDDING DOCUMENTS Document Control Page 2 of 138 1. Notice Inviting Bids............................................................NIB-1 - NIB -2 2. Instructions to Bidders..............................................................ITB-1 - ITB -9 3. Contract Bid Forms............................................................ CBF- 1 - CBF -18 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 -1 Part "D" Appendix Appendix A - Improvements Diagram Appendix B - Standard Plans (from SPPWC 2021 Edition) Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 CITY OF ROSEMEAD Document Control Page 3 of 138 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 NOTICE INVITING BIDS Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 4 of 138 CITY OF ROSEMEAD NOTICE INVITING BIDS NIB No. 2022-02 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 9th day of February, 2022, and bids will be publicly opened via Zoom 30 minutes after bid deadline for CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 Public Bid Opening Zoom Meeting Link: https://us02web.zoom. us/j/81157451279?pwd=UmFhL3Ewcn[iREN Id HNm UOcObjRuQT09 Meeting ID: 8115745 1279, Passcode: 304483, Dial: 669 900 9128 The project consists of removal and replacement of concrete sidewalk, curb, curb and gutter, driveway approach at various locations Citywide 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 $110,000. The successful bidder shall have THIRTY (30) working days to complete the work. Liquidated damages shall be $500.00 per calendar 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. NIB- 1 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 5 of 138 No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date. The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "A" or Class "C-8" 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 in ormaliu, technical defect, or minor irre u�ty ih 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 February 22nd, 2022. Dated this January 18, 2022. Ericka Hernandez City Clerk Publish: January 20th & 27th, 2022 NIB- 2 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 CITY OF ROSEMEAD Document Control Page 6 of 138 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 INSTRUCTION TO BIDDERS Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 7 of 138 INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. 1. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the Notice Inviting Bids. The Owner may also make the Bid Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Bid Documents at a plan room must contact the Owner to purchase the required Bid Documents if they decide to submit a bid for the Project. 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 Proj ect 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 8 of 138 Part "D" - Appendix f. Any Addenda Issued by the Owner 4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Development Services Department to verify that he has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. 7. ALTERNATE BIDS If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on the basis of the base bid only, but the Owner may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. Since the time for the alternate bid items has already been factored into the Contract Time, no additional Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one or more particular bid items. MIM Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 9 of 138 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 ofthe 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 10 of 138 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 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS 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 documents and certifications in a timely manner, the Contract Time will begin to run ten (10) Working Days ITB - 4 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 11 of 138 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 Bidder must execute and submit with its bid the statutorily mandated non -collusion affidavit included in the ITB -5 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 12 of 138 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 Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine VINW. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 13 of 138 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% ofthe Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non -Collusion Affidavit; and D. Completed and properly executed Bidder Information Forms. ITB -7 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 14 of 138 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. (4) Contractor License Number. For listed Subcontractors, list the contractor license INN Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 15 of 138 number issued to the Subcontractor by the California Contractors State License Board. (5) Registration with Department of Industrial Relations. For listed Subcontractors, include evidence of registration with the Department of Industrial Relations as required by Section 1725.5 of the Labor Code. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of the Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDERS rim• Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 16 of 138 BIDDER: CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 SECTION I - BID SCHEDULE CONTRACT BID FORMS CNQ= Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 17 of 138 BIDDER: BID SCHEDULE SCHEDULE OF PRICES FOR CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST 9343 Glendon Way. Remove and replace PCC curb and gutter per SPPWC Std Plan 1 120-3 to match existing, Work shall include LF 20 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 9434 Ralph St, Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 2a to match existing. Work shall include AC LF 50 $ $ slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 9434 Ralph St. Remove and replace PCC residential driveway approach per SPPWC 2b Std Plan 110-2 to match existing. Curb and SF 198 $ $ gutter, and AC slot patch is paid under a separate bid item. 7631 Fern Ave. Remove and replace 4" 3a PCC sidewalk. Adjust water meters to finish SF 65 $ $ grade. 7631 Fern Ave. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 3b to match existing. Work shall include AC LF 26 $ $ slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 4215 Claudia Ave. Remove and replace PCC curb and gutter per SPPWC Std Plan 4a 120-3 to match existing. Work shall include LF 20 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 4b 4215 Claudia Ave. Remove and replace 4" SF 80 $ $ PCC sidewalk. 9255 Marshall St. Remove and replace PCC curb and gutter per SPPWC Std Plan 5 120-3 to match existing, Work shall include LF 85 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 4334 Rio Hondo Ave. Remove and replace PCC curb and gutter per SPPWC Std Plan 6 120-3 to match existing. Work shall include LF 58 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). CBF -2 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 18 of 138 BIDDER: NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST 7a 9126 De Adalena St. Remove and replace SF 64 $ $ 4" PCC sidewalk, 7b 9126 De Adalena St. Remove and replace SF 16 $ $ 4" PCC sidewalk. 4532 Pistache Ln. Remove and replace 4" PCC sidewalk. Work shall include tree root 8 pruning uplifting the sidewalk, and SF 108 $ $ regrading the subgrade (up to 12" depth) prior to installation of new sidewalk. 4536-4532 Pistache Ln. Remove and 9 replace 4" PCC sidewalk. Adjust water SF 60 $ $ meter to finish grade. 4536-4533 Pistache Ln. Remove and replace PCC residential driveway approach 10a per SPPWC Std Plan 110-2 to match SF 98 $ $ existing. Curb and gutter, and AC slot patch is paid under a separate bid item. 4536-4533 Pistache Ln. Remove and replace PCC curb and gutter per SPPWC 10b Std Plan 120-3 to match existing. Work LF 20 $ $ shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 4536-4534 Pistache Ln. Remove and replace 4" PCC sidewalk. Adjust water 11 meter to finish grade. Work shall include SF 132 $ $ tree root pruning uplifting the sidewalk, and regrading the subgrade (up to 12" depth) prior to installation of new sidewalk, 4536-4535 Pistache Ln. Remove and replace PCC residential driveway approach 12a per SPPWC Std Plan 110-2 to match SF 98 $ $ existing. Curb and gutter, and AC slot patch is paid under a separate bid item. 4536-4535 Pistache Ln. Remove and replace PCC curb and gutter per SPPWC 12b Std Plan 120-3 to match existing. Work LF 14 $ $ shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 4536-4536 Pistache Ln. Remove and 13 replace 4" PCC sidewalk. Install/reconnect SF 42 $ $ new curb drain. CBF -3 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 19 of 138 BIDDER: NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST 4536-4537 Pistache Ln. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work 14 shall include AC slot patch (reconstruction LF 11 $ $ of 1 Foot Strip X 8" Deep of AC Pavement Section). Protect existing PCC driveway approach. 4536-4538 Pistache Ln. Remove and 15 replace 4" PCC sidewalk. Adjust water SF 90 $ $ meter to finish grade. 4536-4539 Pistache Ln. Remove and 16 replace 4" PCC sidewalk. Adjust water SF 120 $ $ meter to finish grade. 4536-4540 Pistache Ln. Remove and replace 4" PCC sidewalk. Adjust water meter to finish grade. Install/reconnect new 17 curb drain. Work shall include tree root SF 72 $ $ pruning uplifting the sidewalk, and regrading the subgrade (up to 12" depth) prior to installation of new sidewalk. 4536-4541 Pistache Ln. Remove and replace PCC residential driveway approach 18a per SPPWC Std Plan 110-2 to match SF 102 $ $ existing. Curb and gutter, and AC slot patch is paid under a separate bid item. 4536-4541 Pistache Ln. Remove and replace PCC curb and gutter per SPPWC 18b Std Plan 120-3 to match existing. Work LF 17 $ $ shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 4536-4542 Pistache Ln. Remove and 19 replace 4" PCC sidewalk. Install/reconnect SF 42 $ $ new curb drain. 4536-4543 Pistache Ln. Remove and replace 4" PCC sidewalk. Work shall 20 include tree root pruning uplifting the SF 72 $ $ sidewalk, and regrading the subgrade (up to 12" depth) prior to installation of new sidewalk. 4421 Rockhold Ave, Remove and replace 21 4" PCC sidewalk. Adjust water meter to SF 60 $ $ finish grade. 22 9551 Guess St. Remove and replace 4" SF 112 $ $ PCC sidewalk. CBF -4 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 20 of 138 BIDDER: NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST 9551 Guess St. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 23 to match existing. Work shall include AC LF 31 $ $ slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 24 9559 Guess St. Remove and replace 4" SF 88 $ $ PCC sidewalk. 3444 Lafayette St. Remove and replace 4" 25 PCC sidewalk. Adjust water meter to finish SF 70 $ $ grade. 3444 Lafayette St. Remove and replace PCC residential driveway approach per 26a SPPWC Std Plan 110-2 to match existing. SF 70 $ $ Curb and gutter, and AC slot patch is paid under a separate bid item. 3444 Lafayette St. Remove and replace PCC curb and gutter per SPPWC Std Plan 26b 120-3 to match existing. Work shall include LF 14 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 27 2518 Evelyn Ave. Remove and replace 4" SF 60 $ $ PCC sidewalk. 2432 Jackson Ave. Remove and replace 4" 28 PCC sidewalk. Adjust water meter to finish SF 40 $ $ grade. 29a 8250 Garvey Ave. Remove and replace 4" SF 98 $ $ PCC sidewalk. 29b 8250 Garvey Ave. Remove and replace 4" SF 56 $ $ PCC sidewalk. 30 2409 Muscatel Ave. Remove and replace 4" SF 52 $ $ PCC sidewalk. 31 2409 Muscatel Ave. Remove and replace 4" SF 40 $ $ PCC sidewalk. 2409 Muscatel Ave. Remove and replace PCC curb and gutter per SPPWC Std Plan 32 120-3 to match existing. Work shall include LF 6 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). CBF -5 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 21 of 138 BIDDER: NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST 2409 Muscatel Ave. Remove and replace PCC curb and gutter per SPPWC Std Plan 33 120-3 to match existing. Work shall include LF 20 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). Protect existing PCC driveway approach. 3639 Vane Ave. Remove existing PCC curb and replace with PCC curb and gutter per 34 SPPWC Std Plan 120-3 to match adjoining LF 60 $ $ curb and gutter. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section), 3130 Gladys Ave. Remove and replace PCC curb and gutter per SPPWC Std Plan 35 120-3 to match existing. Work shall include LF 12 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 3130 Gladys Ave. Remove and replace portion of PCC residential driveway 36 approach per SPPWC Std Plan 110-2 to SF 24 $ $ match existing. Protect existing curb and utter. 37 3130 Gladys Ave. Remove and replace 4" SF 40 $ $ PCC sidewalk. 8914 Valley Blvd. Remove and replace PCC commercial driveway approach per 38a SPPWC Std Plan 110-2 to match existing. SF 180 $ $ Curb and gutter, and AC slot patch is paid under a separate bid item. 8914 Valley Blvd, Remove and replace PCC curb and gutter per SPPWC Std Plan 38b 120-3 to match existing. Work shall include LF 32 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 38c 8914 Valley Blvd. Remove and replace 4" SF 220 $ $ PCC sidewalk. 3340 N. Isabel Ave. Remove and replace PCC residential driveway approach per 39a SPPWC Std Plan 110-2 to match existing. SF 220 $ $ Curb and gutter, and AC slot patch is paid under a separate bid item, 3340 N. Isabel Ave. Remove and replace PCC curb and gutter per SPPWC Std Plan 39b 120-3 to match existing. Work shall include LF 25 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 22 of 138 BIDDER: NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST 40 3340 N. Isabel Ave. Remove and replace 4" SF 70 $ $ PCC sidewalk. 9445 Marshall St. Remove and replace 41 catch basin deck including curb, and repaint LS 1 $ $ the curb. 42 8629 Marshall St. Remove and replace 4" SF 40 $ $ PCC sidewalk. 43 8629 Marshall St. Remove and replace 4" SF 24 $ $ PCC sidewalk. 9348 De Adalena St. Remove and replace PCC curb and gutter per SPPWC Std Plan 44a 120-3 to match existing. Work shall include LF 28 $ $ AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). 9348 De Adalena St. Remove and replace portion of PCC residential driveway 44b approach per SPPWC Std Plan 110-2 to SF 60 $ $ match existing. Curb and gutter, and AC slot patch is paid under a separate bid item. 44c 9348 De Adalena St. Remove and replace SF 36 $ $ 4" PCC sidewalk. 45 4223 Muscatel Ave. Remove and replace 4" SF 52 $ $ PCC sidewalk. 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 CBF -7 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 23 of 138 BIDDER: are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar damproject 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. CBF -8 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 24 of 138 BIDDER: 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 -9 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 LI -A 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 25 of 138 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 -10 Bid Package, City of Rosemead, Citywide Sidewalk, Curb R Gutter Replacements, Project No: 24009 Document Control Page 26 of 138 BIDDER: SECTION 2 BID DATA FORMS CBF -11 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 27 of 138 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 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS—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 Signature _(SEAL) Surety By: Signature CBF - 12 (SEAL) Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 28 of 138 BIDDER: 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -13 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 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 - 14 Document Control Page 29 of 138 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 30 of 138 BIDDER: 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -15 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 31 of 138 BIDDER: 4. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF - 16 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 32 of 138 BIDDER: SECTION 3 NON -COLLUSION AFFIDA VIT CBF - 17 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 33 of 138 BIDDER: NON -COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Typed or Printed Name Title Bidder Subscribed and sworn before me This day of , 20 Notary Public in and for the State of California My Commission Expires: CBF - 18 (Seal) Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacf CONSTRUCTION CONTRACT CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS (COMPANY NAME) 1. PARTIES AND DATE Document Control Page 34 of 138 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 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project") as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 35 of 138 Company Name Page 2 of 11 herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to Month, Date and Year unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the 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 procedures and for the satisfactory coordination of all portions of the Services under this Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 36 of 138 Company Name Page 3 of 11 Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 37 of 138 Company Name Page 4 of 11 performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 38 of 138 Company Name Page 5 of 11 promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VII 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 during normal business hours to examine, audit, and make transcripts or copies of such Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 39 of 138 Company Name Page 6 of 11 records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Company Name Address City, State, Zip Code Attn: Project Manager's Name Tel: (000) 000-0000 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: 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. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 40 of 138 Company Name Page 7 of 11 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 41 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 42 of 138 Company Name Page 9 of 11 it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Company Name Page 10 of 11 CITY OF ROSEMEAD COMPANY NAME Gloria Molleda, City Manager Attest: Ericka Hernandez, City Clerk Approved as to Form: Rachel Richman, City Clerk Document Control Page 43 of 138 By: Date Signature Date Name: Print Title: Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: Date Name: Title: Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 44 of 138 Company Name EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 45 of 138 Company Name EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 46 of 138 Company Name • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A. M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 47 of 138 Company Name using standard ISO endorsement No. CG 2010.. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 48 of 138 Company Name 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Company Name Document Control Page 49 of 138 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. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 50 of 138 CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 PERFORMANCE BOND Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 51 of 138 PERFORMANCE BOND WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - 1 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 52 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 53 of 138 STATE OF CALIFORNIA SS. COUNTY OF On this day of , in the year , before me, a Notary Public in and for said state, personally appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. (SEAL) My Commission expires Notary Public in and for said State PERFORMANCE BOND - 3 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 54 of 138 CERTIFICATE AS TO CORPORATE PRINCIPAL I, certify that I am the Secretary of the corporation named as principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PERFORMANCE BOND - 4 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 55 of 138 CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 PAYMENT BOND Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 56 of 138 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 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 57 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 58 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 59 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 60 of 138 CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 PART "A" GENERAL PROVISIONS Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 61 of 138 Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2021 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"), 2021 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS - 1 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 62 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 63 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 64 of 138 SECTION 2 SCOPE AND CONTROL OF WORK The project consists of removal and replacement of concrete sidewalk, curb, curb and gutter, driveway approach at various locations Citywide 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 for a reimbursement payment to the Contractor for the cost of the Contractor's own Faithful Performance and Payment bonds, shall be made to the Contractor until the Contractor provides the aforementioned Subcontractor bonds to the Contractor." 2-5 PLANS AND SPECIFICATIONS GENERAL PROVISIONS - 4 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 65 of 138 2-5.1 General. The second full paragraph of Section 2-5.1 of the Standard Specifications shall be amended to include the following at the end of that paragraph: "All Contract Documents are essential parts of the Contract for a given project. Any requirement included in one Contract Document shall be as binding as though included in all, as they are intended to be cooperative and to provide a description of the Work to be done." 2-5.2 Precedence of Contract Documents. The provisions of Section 2-5.2 of the Standard Specifications shall be revised to read as follows: "In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6. General Conditions 7. Standard Specifications 8. Notice Inviting Bids 9. Instructions to Bidders 10. Specifications 11. Plans (Contract Drawings) 12. Standard Plans 13. Reference Documents" "With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings" 2-5.4 Interpretation of the Plans and Specifications. Section 2-5.4 shall be added to the Standard Specifications to read as follows: "Should it appear that the Work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the Plans or in the Specifications, the Contractor shall request the City's Representative for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the Contract, so far as may be consistent with the intent of the original Specifications. In the event of doubt or questions relative to the true meaning of the Specifications, reference shall be made to the Engineer, whose decision thereon shall be final." 2-7 SUBSURFACE DATA GENERAL PROVISIONS - 5 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 66 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 67 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 68 of 138 "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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 69 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 70 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 71 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 72 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 73 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 74 of 138 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 ofthe 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 75 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 76 of 138 "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 4-1.11 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 77 of 138 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 aminimum 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb R Gutter Replacements, Project No: 24009 Document Control Page 78 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 79 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 80 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 81 of 138 the City shall not be held to obtain the lowest figure for the Work for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a sum which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall exceed the amount payable under the Contract, then the Contractor shall pay the amount of the excess to the City upon completion of the Work without further demand being made therefore. In the determination of the question as to whether or not there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the Contract." 6-8 COMPLETION AND ACCEPTANCE. Section 6-8 of the Standard Specifications shall be amended in its entirety as follows: "The Work will be inspected for acceptance by the City's Representative upon receipt of the Contractor's written assertion that the Work has been completed. If, in the sole discretion of the City's Representative, the Work has been completed and is ready for acceptance, the City's Representative will notify the City Clerk that the Contract has been completed in its entirety. The City's Representative shall request that the City accept the Work and that the City Clerk be authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work." "The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City's Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof." "The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 82 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 83 of 138 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-2 LABOR. 7-2.2 Laws. "The Contractor, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding anything to the contrary contained in the Contract Documents, Contractor shall comply with the following:" "7-2.2.1 Social Security Requirements. Contractor shall furnish to the City satisfactory evidence that he and all of his Subcontractors are complying with all laws, rules and regulations with respect to Social Security. The Contractor, at any time upon request, shall satisfy the City that all necessary Social Security and other taxes are being properly reported and paid." "7-2.2.3 Eight Hour Work Day. Contractor and all Subcontractors shall be required to comply with the provisions of California Labor Code Section 1810 et seq. According to those sections, eight (8) hours of labor shall constitute a legal day's work. Contractor shall pay to the City a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor, or by any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day or forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker." "7-2.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Contractors shall meet the California Contractor's license requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract." "7-2.2.5 Non -Discrimination. Contractor shall not discriminate in the employment of persons upon the Contract because of the race, creed, color, national origin, ancestry, non - disqualifying disability, age, medical condition, marital status, sex or other classifications of such persons protected by federal, state and local laws, rules and regulations. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall cause an identical clause to be included in every subcontract for the contract work." "7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the GENERAL PROVISIONS - 23 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 84 of 138 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 I - 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 85 of 138 to meet the minimum water quality protection requirements as defined in Table 2-1. Table 2-1 Minimum Water Quality Protection Requirements for Construction Projects Category Minimum Requirements BMPs 1. Sediment Sediments generated on the project site shall be retained Sediment Control using adequate Treatment Control or Structural BMPs. Control 2.Construction Construction -related materials, wastes, spills or residues Site Materials shall be retained at the project site to avoid discharge to Management; Control streets, drainage facilities, receiving waters, or adjacent Material and properties by wind or runoff. Waste Non -storm water runoff from equipment and vehicle Management washing and any other activity shall be contained at the project sites. 3. Erosion Erosion from slopes and channels shall be controlled by Erosion Control implementing an effective combination of BMPs, such as Control the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Please refer to the California Stormwater Quality Association's Construction Handbook available for free on their website (www.cabmphandbooks.com — Construction Handbook) for further information regarding the BMPs listed in Table 2-1. B. Water Quality Protection Requirements For Construction Projects With 1 -Acre (or greater) Of Disturbed Soil In addition to the minimum BMPs required in Section A, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted to the City for all construction projects where at least 1 -Acre of soil will be disturbed. The SWPPP will include strategies for reducing runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP may also be required for projects smaller than 1 -Acre if the City designates the project a threat to water quality objectives. In addition, the contractor must contact the Los Angeles Regional Water Quality Control Board (LARWQCB) if the project will disturb 1 -Acre or more of soil. Construction activities can not begin until a Waste discharger Identification (WDID) Number is issued by the State Water Board. The 1 -Acre threshold includes the total amount of land disturbance. For example, if four streets, each 1/4 -acre in size in different parts of the City are to be reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI) GENERAL PROVISIONS - 25 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 86 of 138 you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 0'. Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576-6600; Fax: (213) 576-6640 Internet Address: hqp://www.swrcb.ca.gov/—rwgcb4 The SWPPP shall include: • The name, location, period of construction, and a brief description of the project; • Contact information for the owner and contractor; • The building permit number for the project; • The grading permit number for the project (where applicable) • A list of major construction materials, wastes, and activities at the project site; • A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; • A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; • Non -storm water discharges, their locations, and the BMPs necessary to prevent the discharge; • A maintenance and self -inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and • A certification statement that all required and selected BMPs will be effectively implemented. Within 7 days after the City has certified the contract, the Contractor shall submit two 2 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re -submit the document within 7 days of their receipt of the City's comments. The City shall then have 7 days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. C. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The GENERAL PROVISIONS - 26 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 87 of 138 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 (SEI, 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 88 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 89 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 90 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb R Gutter Replacements, Project No: 24009 Document Control Page 91 of 138 "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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 92 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 93 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 94 of 138 Forms for the various appurtenant items of work." 9-3.2 Partial and Final Payments. Section 9-3.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "For purposes of this Section, the monthly payment date shall be the last calendar day of each month. In order for the City to consider and prepare for each monthly payment, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) day of the following month. The City shall review and make payment on all approved charges within the time required by Public Contract Code Sections 20104.5 et seq." "Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the Owner to the Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of liquidated damages." "Subject to the provisions of Section 22300 of the California Public Contract Code, a 5 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the Owner for payment. All billings shall be directed to the Engineer." "Pursuant to Section 22300 of the California Public Contract Code, In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City." "The Contractor shall submit with each invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen." - END OF SECTION GENERAL PROVISIONS - 34 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 95 of 138 CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 PART "B" SUPPLEMENTAL GENERAL CONDITIONS Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 96 of 138 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 SUPPLEMENTARY GENERAL CONDITIONS 10-1 GENERAL 10-1.1 Description of Work The project consists of removal and replacement of concrete sidewalk, curb, curb and gutter, driveway approach at various locations Citywide 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 97 of 138 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. e. 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 98 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 99 of 138 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 for a 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 100 of 138 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. 5 % retention will be paid 35 days after Notice of Completion was recorded. 10-11 SURVEY MONUMENTS See Section 2-9 Surveying of the General Provisions 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 101 of 138 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 this section 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 Public Works Director. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the owner, in the amount of ten percent (10%) of the contract price. Said bond shall remain in force for a period of one year from the date of filing of the Notice of Completion. Instead of providing a surety bond, the contractor may, at his option, provide for the Faithful Performance Bond furnished under the contract to remain in force for said amount until the expiration of the required period. 10-14 SANITATION All portions of the work shall be maintained at all times in sanitary condition. The contractor shall provide adequate toilet facilities for all workmen and representatives of the owner employed on the work. Such facilities shall be subject to the acceptance of the owner as to location and type. The contractor shall maintain the same in sanitary condition from the beginning of the work until completion and then shall remove the facilities and disinfect the premises if necessary. The contractor shall be responsible for alleviating all dust and nuisance conditions occasioned by his work. Each day, at the completion of the day's work, the 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 102 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 103 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 104 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 105 of 138 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 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 106 of 138 CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 PART "C" TECIINICAL PROVISIONS Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 107 of 138 Not used. CITYWIDE SIDEWALK, CURB &i GUTTER REPLACEMENTS PROJECT No. 24009 TECHNICAL PROVISIONS TECHNICAL PROVISIONS TP -1 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 108 of 138 CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 PART "D" APPENDIX Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 109 of 138 APPENDIX A - IMPROVEMENTS DIAGRAM Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 110 of 138 #1.9343 Glendon Way. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). #2a. 9434 Ralph Street. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). #2b. 9434 Ralph Street. Remove and replace PCC residential driveway approach per SPPWC Std Plan 110-2 to match existing. Curb and gutter, and AC slot patch is paid under a separate bid item. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 111 of 138 #3a. 7631 Fern Avenue. Remove and replace 4" PCC sidewalk. Adjust water meters to finish grade. #3b. 7631 Fern Avenue. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 112 of 138 #4a. 4215 Claudia Avenue. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). #4b. 4215 Claudia Avenue. Remove and replace 4" PCC sidewalk. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 113 of 138 #5.9255 Marshall Street. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). #6.4334 Rio Hondo Avenue. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 114 of 138 #7a/7b. 9126 De Adalena Street. Remove and replace 4" PCC sidewalk. #8. South of 4527 Pistache Ln. Remove and replace 4" PCC sidewalk. Work shall include tree root pruning uplifting the sidewalk, and regrading the subgrade (up to 12" depth) prior to installation of new sidewalk. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 115 of 138 #9. Between 4536 & 4532 Pistache Lane. Remove and replace 4" PCC sidewalk. Adjust water meter to finish grade. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 116 of 138 #10a. Between 4536 & 4532 Pistache Lane. Remove and replace PCC residential driveway approach per SPPWC Std Plan 110-2 to match existing. Curb and gutter, and AC slot patch is paid under a separate bid item. #10b. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). #11. Between 4532 & 4528 Pisctache Lane. Remove and replace 4" PCC sidewalk. Adjust water meter to finish grade. Work shall include tree root pruning uplifting the sidewalk, and regrading the subgrade (up to 12" depth) prior to installation of new sidewalk. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 117 of 138 #12a. 4528 Piscatche Lane. Remove and replace PCC residential driveway approach per SPPWC Std Plan 110-2 to match existing. Curb and gutter, and AC slot patch is paid under a separate bid item. #12b. 4528 Piscatche Lane. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section).. #13. Between 4528 & 4526 Piscatche Lane. Remove and replace 4" PCC sidewalk. Install/reconnect new curb drain. #14. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). Protect existing PCC driveway approach. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 118 of 138 #15.4523 Pisctahe Lane. Remove and replace 4" PCC sidewalk. Adjust water meter to finish grade. #16. South of 4526 Pistache Lane. Remove and replace 4" PCC sidewalk. Adjust water meter to finish grade. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 119 of 138 #17. Between 4519 & 4523 Pistache Lane. Remove and replace 4" PCC sidewalk. Adjust water meter to finish grade. Install/reconnect new curb drain. Work shall include tree root pruning uplifting the sidewalk, and regrading the subgrade (up to 12" depth) prior to installation of new sidewalk. #18a. 4520 Pisctache Lane. Remove and replace PCC residential driveway approach per SPPWC Std Plan 110-2 to match existing. Curb and gutter, and AC slot patch is paid under a separate bid item. #18b. 4520 Pisctache Lane. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). #19.4520 Pisctache Lane. Remove and replace 4" PCC sidewalk. Install/reconnect new curb drain. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 120 of 138 #20. South of 4515 Pistache Lane. Remove and replace 4" PCC sidewalk. Work shall include tree root pruning uplifting the sidewalk, and regrading the subgrade (up to 12" depth) prior to installation of new sidewalk. #21.4421 Rockhold Avenue. Remove and replace 4" PCC sidewalk. Adjust water meter to finish grade. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 121 of 138 #22. 9551 Guess Street. Remove and replace 4" PCC sidewalk. #23.9551 Guess Street. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). #24. 9559 Guess Street. Remove and replace 4" PCC sidewalk. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 122 of 138 #25. 3444 Lafayette St. Remove and replace 4" PCC sidewalk. Adjust water meter to finish grade. #26a. 3444 Lafayette St. Remove and replace PCC residential driveway approach per SPPWC Std Plan 110-2 to match existing. Curb and gutter, and AC slot patch is paid under a separate bid item. #26b. 3444 Lafayette St. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 123 of 138 #27. 2518 Evelyn Avenue. Remove and replace 4" PCC sidewalk. #28. 2432 Jackson Avenue. Remove and replace 4" PCC sidewalk. Adjust water meter to finish grade. #29a. 8250 Garvey Avenue. Remove and replace 4" PCC sidewalk. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 124 of 138 #29b. 8250 Garvey Avenue. Remove and replace 4" PCC sidewalk. #30. 2409 Muscatel Avenue. Remove and replace 4" PCC sidewalk. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 125 of 138 #31. 2409 Muscatel Avenue. Remove and replace 4" PCC sidewalk. #32. 2409 Muscatel Avenue. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 126 of 138 #33. 2412 Muscatel Avenue. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). Protect existing PCC driveway approach. #34. 3639 Vane Avenue. Remove existing PCC curb and replace with PCC curb and gutter per SPPWC Std Plan 120-3 to match adjoining curb and gutter. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 127 of 138 #35. 3130 Gladys Avenue. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). #36.3130 Gladys Avenue. Remove and replace portion of PCC residential driveway approach per SPPWC Std Plan 110- 2 to match existing. Protect existing curb and gutter. #37. 3130 Gladys Avenue. Remove and replace 4" PCC sidewalk. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 128 of 138 #38a. 8914 Valley Blvd (Driveway west of Rite Aid). Remove and replace PCC commercial driveway approach per SPPWC Std Plan 110-2 to match existing. Curb and gutter, and AC slot patch is paid under a separate bid item. #38b. 8914 Valley Blvd (Driveway west of Rite Aid). Remove and replace PCC curb and gutter per SPPWC Std Plan 120- 3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). #38c. 8914 Valley Blvd. Remove and replace 4" PCC sidewalk. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 130 of 138 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 131 of 138 #39a. 3340 N Isabel. Remove and replace PCC residential driveway approach per SPPWC Std Plan 110-2 to match existing. Curb and gutter, and AC slot patch is paid under a separate bid item. #39b. 3340 N Isabel. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). #40. 3340 N Isabel. Remove and replace 4" PCC sidewalk. ,til, ��, „n, - - �"■wse/ t _ I IIIIII'IIIIIl�ll11 I ��F�b��f��'� ��IIIIUIIn � Y III 'I � ■s■ ren I�I� ��TI �ylv �l�I�hlh I G Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 133 of 138 #43. 8629 Marshall St. Remove and replace 4" PCC sidewalk. #44a. 9347 De Adalena St. Remove and replace PCC curb and gutter per SPPWC Std Plan 120-3 to match existing. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). #44b. 9347 De Adalena St. Remove and replace portion of PCC residential driveway approach per SPPWC Std Plan 110-2 to match existing. Curb and gutter, and AC slot patch is paid under a separate bid item. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 134 of 138 #44c. 9347 De Adalena St. Remove and replace 4" PCC sidewalk. #45.4223 Muscatel Ave. Remove and replace 4" PCC sidewalk. Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 135 of 138 APPENDIX B - STANDARD PLANS (FROM SPPWC 2021 EDITION) Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 4' (1200 Mm) MIN Y 4' (1200 mm) MIN Y INTEGF 4' (1200 MIN rA- GRADE BREAKS 5� R TYPE A GRADEIBREAKS X W � x TYP E B A T'AP'E C Document Control Page 136 of 138 4' (1200 mrn) MIN Y 2� " 1 (25 mm) CF SECTION A -A CURB FACE. Inches (MM) )( inchee (rnrn) Y, Inches (MM) 6" (150) or less 3`-0- (900) 4'-0" (1200) 7" (175) T -e" (1Oad) 4'-9" (1425) S" (200) 4'—O- (1200) 5'-8" (1700) 9" (225) 4'-6- (1350) f'-6" (1950) 10" (250) 5'-0- (1500) r-3" (2175) 11" (275) 5'-6" (1650) 8'-0" (240D) 12" ( 4) or more, W-0" (1800) W -V (2625) NOTES: 1. RESIDENTIAL DRIVEWAYS SHALL BE 4" (100 rnm) THICK PCC. 2. COMMERCIAL DRIVEWAYS SHALL BE 6" (150 mm) THICK PCC. 3. WEAKENED PLANE JOINTS SHALL BE INSTALLED AT BOTH SIDES OF A DRIVEWAY AND AT 1O' (3,0 m) INTERVALS. 4. CURB FOR TYPE C DRIVEWAY SHALL BE INTEGRAL AND MATCH ADJACENT CONSTRUCTION. 5. REFER TO LOCAL DEVELOPMENT REGULATIONS FOR AMERICANS WITH DISABILITIES ACCESS REQUIREMENTS AND MAXIMUM PERMITTED DRIVEWAY WIDTHS. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCITON I ° "°"'� 044 DRIVEWAY APPROACHES 110-2 QRSEMI 0K MWNI71E Im NAV, "ft 9004 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 Document Control Page 137 of 138 CURBRAMP '`�"-DRIVEWAY-, EXP JTf 11 EXP JT I BCR W ABBREVIATIONS: WPJ WEAKENED PLANE JOINT BCR BEGINNING OF CURB RETURN W, J WP'J EXP JT EXPANSION JOINT ECR END OF CURB RETURN NOTES: WPd 1. WEAKENED PLANE JOINTS SHALL 13E USED FOR ALL JOINTS, J EXCEPT THAT EXPANSION JOINTS SHALL BE PLACED AT THE BCR AND ECR IN CURB, GUTTER AND SIDEWALK, AND AROUND TREE WELL UTILITY POLES LOCATED IN SIDEWALK AREAS, WPJ WP'J 2. WEAKENED PLANE JOINTS SHALL BE CONSTRUCTED AT REGULAR ,r, Uli1.I POLE INTERVALS NOT EXCEEDING 10' (3000 mrn) IN WALKS ANDRS. `-i, 2Cr (8000 mm) IN GUTTEJOINTS 1N CURB AND WALK EXP JT SHALL BE ALIGNED. WPJ 3. CURB AND GUTTER SHALL BE OONSTRUCTED SEPARATELY FROM SIDEWALK. EXP JT R JT ECR PROPERTY LINE E CL CURB RAMP W m a x su STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION NQUO OR= C% CURB AND SIDEWALK MA IN& am 1JOINTS 112-2 Bid Package, City of Rosemead, Citywide Sidewalk, Curb & Gutter Replacements, Project No: 24009 BATTER 3:12 L7 co � ti. A1-6(150) AND A1-8(200) E E 050 r' c"rx E W a m 2 ISO If 1 ISO mm} ' r U ao �. A2-6(150) AND A2-8(200) TTM 3:12 SLOPE W Document Control Page 138 of 138 ( MIN A3-6(150) AND A3-8(200) -4l"rr25—mm} NOTES: 1. THE LAST NUMBER IN THE DESKWATION IS THE CURS FACE (CF) HEIGHT. INCHIES (mm). IF SHO'W'N AS 'VAR' THE CURB FACE VARIES. 2. GUTTER WIDTH, W, IS 24" (600 mm) UNLESS OTHERWISE SPECIFIED. 3, TYPES Al, A2, A3 AND C1 SHALL BE CONSTRUCTED OF CONCRETE. 4. TYPE D1 CURB SHALL BE CONSTRUCTED OF ASPHALT CONCRETE. 5. TYPE C1 CURB SHALL BE ANCHORED MTH STEEL DOWELS AS SHOWN OR WITH AN EPDXY APPROVED BY THE ENGINEER, B. ALL EXPOSED CORNERS ON CONCRETE CURBS AND GUTTERS SHALL BE ROUNDED WITH A 1/2" (15 mm) RADIUS. L6 U 3" (/755 mm) I 6" (150 mrn) X3/4" (20 mm) R SATTER 3:12 BOTH SIDES D1-6(150) AND D1-8(200) $„ #4xIV' 04'OC (150 mm) 013M x 250 mm a 0 1200 mm OC) - GROUTED IN PLACE BATTER 3:12 -�3/4" 4{20 MM) C1=6(150) AND C1-8(200) STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION POW 0 ewasm am W' �9 3 Attachment D Construction Contract Agreement with FS Contractors, Inc. CONSTRUCTION CONTRACT CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS (FS CONTRACTORS, INC.) 1. PARTIES AND DATE This Contract is made and entered into this day of , 2022 (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 FS Contractors., Inc. with its principal place of business at 14838 Bledsoe St., Sylmar, CA 91342 (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 Citywide Sidewalk, Curb & Gutter Replacements on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project") as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3. 1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services,,and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. FS Contractors, Inc. Page 2 of 11 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 Jose Angel Fierros, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Contract. FS Contractors, Inc. Page 3 of 11 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) FS Contractors, Inc. Page 4 of 11 adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, FS Contractors, Inc. Page 5 of 11 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:VII 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 Ninety Seven Thousand One Hundred Twenty Seven Dollars ($97,127.00) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City 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 FS Contractors, Inc. Page 6 of 11 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: FS Contractors, Inc. 14838 Bledsoe St. Sylmar, CA 91342 Attn: John Angel Fierros Tel: (818) 838-6040 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. FS Contractors, Inc. Page 7 of 11 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such FS Contractors, Inc. Page 8 of 11 attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that FS Contractors, Inc. Page 9 of 11 it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] FS Contractors, Inc. Page 10 of 11 CITY OF ROSEMEAD Gloria Molleda, City Manager Attest: FS CONTRACTORS, INC. By: Date Signature Date Name: Print Title: Ericka Hernandez, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: Rachel Richman, City Clerk Date Name: Title: FS Contractors, Inc. EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL FS Contractors, Inc. 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: FS Contractors, Inc. • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A. M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies FS Contractors, Inc. 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. FS Contractors, Inc. 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 FS Contractors, Inc. 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.