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CC - Item 5C - Dog Park at Garvey Park - Project No. 41022 - Award of Construction ContractROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER*--" DATE: JULY 12, 2022 SUBJECT: DOG PARK AT GARVEY PARK - PROJECT NO. 41022 — AWARD OF CONSTRUCTION CONTRACT SUMMARY As part of the City's Fiscal Year 2017-18 Capital Improvement Program, the City Council approved the Dog Park at Garvey Park Project. The Project consists of demolition and grading, construction of fencing, decomposed granite walking path, shade structures, landscaping, irrigation, an infiltration drainage swale, ADA parking stalls, and installation of dog park amenities. On June 22, 2022, the City received and publicly opened six (6) sealed bids. After staff conducted a comprehensive bid analysis to determine the apparent lowest bid, the bid submitted by R Dependable Construction, Inc. in the amount of $640,008.01, is determined to be the lowest responsive bid. On January 23, 2018, the City Council authorized staff to submit a grant application to receive Land and Water Conservation Funds (LWCF) from the California State Department of Parks and Recreation to construct a new dog park at Garvey Park. In December of 2019, the City received the LWCF grant from the California State Department of Parks and Recreation in the amount of $290,375. The LWCF grant is a reimbursement grant that has a 50% matching funds requirement. On November 19, 2020, the City Manager approved a professional services agreement with David Volz Design in the amount of $29,950 to perform project research, data review, field investigation, and public outreach to prepare a Conceptual Plan to facilitate the design of the Project. On December 14, 2021, the City Council approved a contract with David Volz Design for design engineering, construction management, and inspection services for the Project in the amount of $107,992. On June 2, 2022, staff published a Notice of Inviting Bids in local newspapers and trade publications. Sealed bids were received in the City Clerk's office until 10:30 a.m. on June 22, AGENDA ITEM 5.0 City Council Meeting July 12, 2022 Page 2 of 3 2022. At 11:00 a.m. on June 22, 2022, the City Clerk publicly opened and read the six (6) sealed bids with the following results: Contractor from low to high amount Location Bid Amount R Dependable Construction, Inc. San Bernardino, CA $640,008.01 Marina Landscape, Inc. Orange, CA $683,560.00 Kasa Construction Chino, CA $698,262.50 Wright Construction Engineering Corp. San Marcos, CA $785,620.00 MLC Constructors, Inc. Corona, CA $1,272,130.00 RT Contractor Corp. Garden Grove, CA $1,696,207.00 Staff conducted a bid analysis for apparent low bid submitted by R Dependable Construction, Inc. and verified CA contractor's license, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references for R Dependable Construction, Inc. The bid submitted by R Dependable Construction, Inc. in the amount of $640,008.01 is determined to be the lowest responsive bid. STAFF RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute a construction contract with R Dependable Construction, Inc. in the amount of $640,008.01. In addition, authorize an amount of $52,500 (8%) as a contingency to cover the cost of unforeseen construction expenses, for a total construction budget of $692,508.01. FINANCIAL IMPACT The Project is included in the Fiscal Year 2022-23 CIP budget and consists of $290,375 in LWCF grant funds, $290,375 in General Funds as a 50% local match requirement, and $250,000 in Park Development Impact Fee funds, for a combined total approved budget of $830,750. The total estimated construction cost for the project is as follows: Construction Contract $640,008.01 Construction Contingency 8% $52,500.00 Total Estimated Construction Cost $692,508.01 ENVIRONMENTAL REVIEW The proposed work involves the rehabilitation of an existing public facility; therefore, the project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA). City Council Meeting July 12, 2022 Page 3 of 3 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. Submitted by: Michael Chung, P.E. Director of Public Works Attachment A: R Dependable Construction, Inc. Bid Proposal Attachment B: Bid Analysis Attachment C: Project Bid Package Attachment D: Construction Contract Agreement with R Dependable Construction, Inc. Attachment A R Dependable Construction, Inc. Bid Proposal Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 16 01197 BIDDER: R DEPENDABLE CONST INC CITY OF ROSEMEAD DOG PARK AT GARVEY PARK PROJECT No. 41022 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 Addendum 1, Dog Park at Garvey Park, Project No: 41022 Document Control Page 5 of 10 BIDDER: R DEPENDABLE CONST INC REVISED BID SCHEDULE PER ADDENDUM 1 SCHEDULE OF PRICES FOR DOG PARK AT GARVEY PARK PROJECT No. 41022 NO. ITEM DESCRIPTION EST. QTY, UNIT UNIT PRICE ITEM COST 1 Mobilization (Not to Exceed 5%) 1 LS $ 30,000.00 $301000 00 2 Traffic Control 1 LS $ 660.00 $_660 00 3 Demolition and Site Clearing 1 LS $ 18,160.00 $ 18,160.00 4 Earthwork, Removal and Grading 1 LS $_19,800.00 $19,800.00 5 Dust Control and BMP 1 LS $ 3,960.00 $3,960.00 6 Remove and Reconstruct Curb and Gutter 20 LF $ 264.00 $_5,280 00 7 Remove and Reconstruct Curb 50 LF $264.00 $13,200.00 8 Construct Curb 160 LF $19800 $ 31,680.00 9 Curb Ramp 1 EA $_2,772 00 $ 2,772.00 10 Concrete Block Slough Wall 60 LF $_L32 00 $ 7.920.00 11 8" Diameter PVC SDR 35 Drain Pipe 345 LF $_39.60 $ 13,662.00 12 in Gravel Bed 8" Diameter PVC SDR 35 Drain P]on 100 LF $ 39.60 $ 3,960.00 13 NDS 1212 Catch Basin with Solid1 Cover EA $_2 ,772.00 $ 2.772.00 14 Drain Inlet 8 EA $ 1.452.00 $_I 1,616.00 15 Overflow Drain Structure per Det Plans 1 EA $1,188.00 $ 1,188.00 16 Remove and Reconstruct Asphal50 Pavement TON $ 64L52 $ 32,076.00 Revised per Addendum 1, CBF - 2 Addendum 1, Dog Park at Garvey Park, Project No: 41022 Document Control Page 6 of 10 BIDDER: R DEPENDABLE CONST INC NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST 17 2" Water Service 1 EA $_1,920,00 $ 7,920.00 18 1" Water Service 2 EA $_L280.00 $ 10,560.00 19 Traffic Striping and Signage 1 LS $_±.204 00 $6,204.00 20 Surveying 1 LS $_L320 00 $ 1,320.00 21 4" Thick Concrete Flatwork 2,100 SF $_16_40 $s5,aa0.0o 22 Concrete Header (6" Wide) 530 LF $ 26.40 $ 13,992.00 23 Concrete Header (9" Wide) 170 LF $ 26.40 g 4,488.00 24 Stabilized Decomposed Granite 8250 SF $1.98 $ 16,335.00 25 Boulder 2'x 3' 5 EA $198.00 $-290.00 26 Boulder Tx 4' 3 EA $ 264.00 $ 792.00 27 Boulder Tx 5' 5 EA $ 330.00 $1,61000 28 Chain Link Fencing - 5' High 60 LF $167.20 $ 10.032.00 29 Chain Link Fencing - 5' High wl Baseboard 145 LF $ 146.5 $_21,252.00 30 Chain Link Fencing - 8' High 105 LF $ 152.10 $15,972.00 31 Chain Link Fencing -12' High 150 LF $_L46.08 $ 21,912.00 32 Chain Link Double Gate - 8' High (12' Opening) 1 EA $ a.976.00 $ 8,976.00 33 Chain Link Double Gate - 5' High (12' Opening) 1 EA $_L656 00 $ 7,656.00 34 Chain Link Single Gate - 8' High (4' Opening) 1 EA $ 7,656.00$ 7,656.00 Revised per Addendum 1, CBF - 3 Addendum 1, Dog Park at Garvey Park, Project No: 41022 Document Control Page 7 of 10 BIDDER: R DEPENDABLE CONST INC NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST 35 Chain Link Single Gate - 5' High (4' Opening) 2 EA $1,656.00 $15,312.00 36 Baseboard - 2' High 320 LF $ 33.00 $ 10,560.00 37 Table (ADA) 3 EA $_W4 00 $ 2.771.00 38 Table 3 EA $ 924.00 $ 2.772.00 39 Bench 6 EA $660 00 $ 3,960.00 40 Drinking Fountain 2 EA $±,996-00 $ 13,992.00 41 Dog Play Equipment (including equipment, freight, tax, and installation 1 LS $_L6,896 00 $ 16,896.00 42 Dog Waste Bag Dispenser 3 EA $1,210.00 $3,610.00 43 Trash Receptacle 4 EA $ 1,452.00 $_1,101 00 44 Shade Structures (including structures, engineering, freight, taxes and installation 3 EA $ 14.316.67 $ 72,950.00 45 Dog Wash Station 1 EA $ 4,752.00 $ 4,752.00 46 Irrigation System 1 LS $ 13,332.00 $ 13,332.00 47 Soil Prep and Grading 9,500 SF $1.65 $15.675.00 48 Weed Abatement 9,500 SF $_0.86 $ 8.151.00 49 Tree - 24" box 5 EA $_j6 4.00 $ 1,320.00 50 Tree - 36" box 6 EA $ 396.00 $2.376.00 51 Shrub -15 gallon 10 EA $_196.00 $ 3,960.00 52 Shrub - 5 gallon 63 EA $132.00 $_L,316 00 53 Turf- Sod 8,900 SF $ 1.65 $14,685.00 Revised per Addendum 1, CBF - 4 Addendum 1, Dog Park at Garvey Park, Project No: 41022 Document Control Page 8 or 10 BIDDER: R DEPENDABLE CONST INC NO. ITEM DESCRIPTION EST. CITY. UNIT UNIT PRICE ITEM COST 54 Mulch (3" Depth) 6 CY $ 30.00 $1,980.00 55 90 Days Maintenance Period 1 LS $_4,941.00 $ 4,948.00 TOTAL BID AMOUNT IN NUMBERS $ h40,000.00 TOTAL BID AMOUNT IN WORDS: SIX HUNDRED FORTY THOUSAND Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 10% Dollars ($ ) 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. Revised per Addendum 1, CBF - 5 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 21 of 197 BIDDER: R DEPENDABLE CONST INC The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed in FORTY-FIVE (45) working days Contractor will be allowed 15 additional working days to coordinate procurement of longer lead time material prior to commencing with field work. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. 01 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. Bid Package, Dog Park at Ganey Park, Project No, 41022 Document Control Page 22 of 197 BIDDER: R DEPENDABLE CONST INC By: 1019 W. 3RD ST., STE. B Signature Business Street Address ROSEMARY PADILLA Type or Print Name PRESIDENT Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: EM 1000002054 CA SAN BERNARDINO, CA 92410 City, State and Zip Code 909-381-2310 Telephone Number 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 -7 Bid Package, Dog Park at Garvey Park, Project No: 41022 SECTION 2 BID DATA FORMS Document Control Page 23 of 197 BIDDER: R DEPENDABLE CONST INC Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 25 of 197 BIDDER: R DEPENDABLE CONST INC 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act,' Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -10 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document control Page 26 of 197 BIDDER: R DEPENDABLE CONST INC 2.181 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 USA SHADE & FABRIC Address: 2580 ESTERS BLVD., DFW AIRPORT, TX, 75261 License No.: 989458 Department of Industrial Relation Registration No. 1000003533 Name and Location of Subcontractor Name: License No.: Department of Industrial Relation Registration No. Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. CBF -11 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 27 of 197 BIDDER: R DEPENDABLE CONST 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. MORENO VALLEY USD, 13911 PERRIS BLVD., MORENO VALLEY, CA, 92553 Name and Address of Owner JACOB ROMERO, 951-490-8968 Name and telephone number of person familiar with $850,000.00 SUGAR HILL ELEMENTARY Contract amount Type of Work 2. CITY OF LA QUINTA, 78-495 CALLE TAMPICO, LA QUINTA, CA Name and Address of Owner UBALDO AYON, 760-777-7096 Name and telephone number of person familiar with project 9/2021 Date Completed $539,000.00 FIRE STATION #70 REHAB 10/2021 Contract amount Type of Work Date Completed 3. HEMET UNIFIED SCHOOL DISTRICT, 1791 W. ACACIA AVE., HEMET, CA Name and Address of Owner MIKE SATTLEY, 951-765-5100 Name and telephone number of person familiar with project $136,500.00 HEMET HS #FAC2021-3 Contract amount Type of Work CBF -12 6/2021 Date Completed Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 28 of 197 BIDDER: R DEPENDABLE CONST INC 4. CITY OF PERRIS, 101 N. D STREET, PERRIS, CA, 92570 Name and Address of Owner DAWN BRAY, 951-943-6369 Name and telephone number of person familiar with project $197,300.00 101 BLDG. TENANT IMPROVEMENT 11/2021 Contract amount Type of Work CBF - 13 Date Completed Bid Package, Dog Park at Garvey Park, Pmject No: 41022 Document Control Page 29 of 197 BIDDER: R DEPENDABLE CONST INC SECTION 3 A'OA'-COLLUSION AFFIDA VIT CBF - 14 6/30/2021 https://cadir.secure.force.com/ContractorSearch/PHntRegDetails Contractor Information Registration History Legal Entity Name Effective Date Expiration Date R DEPENDABLE CONST INC Legal Entity Type 6/8/2018 6/30/2019 Corporation Status 6/12/2017 6/30/2018 Active Registration Number 6/10/2016 6/30/2017 1000002054 Registration effective date 6/19/2015 6/30/2016 7/1/2021 Registration expiration date 10/21/2014 6/30/2015 :. 6/30/2022 Mailing Address 7/1/2019 6/30/2020 1019 W 3RD STREET, STE B SAN BERNARDINO 92410 C... Physical Address 7/1/2020 6/30/2021 1019 W 3RD STREET, STE B SAN BERNARDINO 92410 C... Email Address 7/1/2021 6/30/2022 Trade Name/DBA License Number(s) CSLB:944088 CSLB:944088 Legal Entity Information Corporation Number: C3234199' Federal Employment Identification Number: President Name: ROSEMARY R PADILLA Vice President Name: Treasurer Name: Secretary Name: CEO Name: ROSEMARY PADILLA Agent of Service Name: ROSEMARY R PADILLA Agent of Service Mailing Address: 1019 W 3RD STREET, STE B SAN BERNARDINO 92410 CA United States of America Workers Compensation Do you lease employees No through Professional https:/Icadir.secure.force.com/ContmctorSearchiPrintRegDetails 112 x CONTRACTORS , dCB STATE LICENSE BOARD ACTIVE LICENSE ..,_aW...944088 a CORP .. �.. R DEPENDABLE CONST INC Adkill . a....,,d,.0313112024 www.cslb.ca.gov 0 Any change of bucteeas edtlmaah,eme must he reported to the RegWw Mine 90 days. This gcense Is not bansfernable, and shall be rslulned to the Registrar upon demand when suspended, revoked, or Im211dated for any reason. This pocket card Is valid through gra ekpkatlbn date any. 0 heap, dmp in any mab. Postage guaranteed by. Conbvctom State License Sewd P O. goo 28000. Sscromenb CA 95828 1 1 latae isee'Signature Bid Package, Dog Park al Garvey Park, Project No: 41022 Document Control Page 30 04 197 BIDDER: R DEPENDABLE CONST 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. 011M�11�02wlkl%,WVA I "Im ROSEMARY PADILLA Typed or Printed Name PRESIDENT Title R DEPENDBLE CONST INC Bidder Subscribed and swom before me This _ day of 2022 (Seal) Notary Public in and for the State of California My Commission Expires: A. C�MARE8 OLW C MM.112:62384 +j ; NOTARY PUBLIC • NA IFORNIA SAN BERNARDINO COUNTY Comm Expires JUNE 24, 2025 A egary public or 01WoRKer caapledet nle.mina va m" edi W fndNr of ne ivtlivitlud rYonituN IM1e davnnt io NIcY au eerexleva Ir vlahYetl, vvd aN IYe ombfolvea veep ovYN of as tlecusevb STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO Subscribed and sworn to (or affirmed) before me on thIn 2.j_ day of Jl,i�, zo1'L, by nen mnru Jur I I n proved to me on III* basis of satisfactory evidence to be 1 ared before me. CBF -15 Bid Package, Dog Park al Garvey Park, Project No: 41022 Document Control Page 24 of 197 BIDDER: R Dependable Const 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 R Dependable Const Inc as Principal, and The Ohio Casualty Insurance , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent Amount of Bid (S 10% ), being not less than tett 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 DOG PARK AT GARVEY PARK —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated June 22, 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 21st R Dependable Const Inc day of June , 20 22 . L) The Ohio Casualty Insurance Company Principal Surety By:By: Signature Roser Padilla, President Signature Timothy C. Baker, Attomey-in-Fact CBF -9 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Cstificale No: 8208023-987721 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively celled the'Canpames'), pursuant to and by authority herein set fortis, does hereby name, constitute and appoint Ashley N. Baker, Karen A. Eby, Kyle T. Baker, Timothy C. Baker all of the city of Murrieta stale of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seat, acknowledge and deliver, for and on its behalfas surety and -wits ad and deed, any and all undertakings, bonds, recognizances and other surety obfigalicns, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official ofthe Companies and the corporate seals of the Companies have been affixed thereio his I l th day of May 2022 . ?iOJPt xto1NY�9�I1Ne9s3"U�NWDye n a°Y�P a °o�1N\wNo9hSoN9+xU'" q�, �Do;� liberty Mutual rty Mutual In�suranlcFeiCompany m pany The Ohio Casualty Insurance Comp a ny WeslAmmcan Insurance Company vi � �Nl ♦ F� 3M w F� By: m David M. Carey, Assistant Secretary CC Stale of PENNSYLVANIA Canty of MONTGOMERY as On this lith day of May 2022 before me personally appeared David M. Garay, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance m Company, The Ohio Casualty Company, and West American Insurance Company, and [hal he, as such, being auttrorized so to do, execute he foregoing instrument fa the purposes [herein contained by signing on behalf of the corporations by himself as a duty authorized officer. m � IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. dyA F''�Sr ��,, ,�MCM WF�AFi Ctl111WIMYN Nr4MdIiVdMd-Notary SBN I- 4 i Y Teefd P,deld, NOWyPWic ./� N on Mmlpmrtre Myammbdlon eWires Wrt528. 2025 By: /Ildsx� l0 �x,C Cotmie„ian numeer 112fx111 n��.uvp�'`c M�,,e�M+.+d ndwddvcnwxwvkd nese Pestetla, Notary Public ?: This Power of Attorney is made and executed pursuant to and by authority of the following Bylaws and Autioraations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS: Section 12. Power of Attorney. Any office or other official of the Corporation authorized for that purpose in writing by the Chairman a he President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fad, as may be necessary to ad in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogn zances and other surely obligations. Such atomeysdn-fad, subject to the limitations set forth in their respective pavers of attorney, shall have full power to bind the Ccrpaafion by their signature and execution of any such instruments and to aftadh thereto the seal of the Corpaafion. When so execrded, such instruments shall be as binding as if signed by the President and attested to by he Secretary. Any power or authority granted to any representative a atamey-in-fad under the provisions of this amide may be revoked at any time by the Board, the Chairman, the President or by the officer a officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of he Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the presided may prescribe, shall appoint such attorneys -in -fact, as may be necessary to ad in behalf of the Company to make, execute, seat acknowledge and deliver as surely any and all undertakings, bonds, recegnaances and other surety obligations. Such attomeys4ri-fad subject to the limitations set forth in their respective powers of atiomey, shall have full paver to bind he Cornpany by their signature and execution of any such instruments and to attach thereto the seal of the Company, When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, mthonzes David M. Carey, Assistant Secretary to appoint such attomeys4ri- tad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bads, moognaances and dna surety obligations. Authorization - By unanimous consent of the Gompanys Board of Directors, the Company consents that facsimile a mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surly bonds, shall be valid and binding upon the Company with the same face and aged as though manually affixed. I, Ranee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full face and effect and hes net been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21st day of June 2022 . By 54 (8(00 Renee C. Uewell yn, Assistant Secretary LMS -128M LMIC OCIC WAIC MWII Co 02/21 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside ) On d V before me, K. A. Eby, Notary Public Ware,ne n eanalalr7.— cer— M,—,1r7.— personally appeared Timothy C. Baker who pro ed to me on the basis of satisfactory evidence to be the persono whose n e subscribed to the with' instrument and acknowledged tome that e/ e/t executed the same i i r/ttt6ir authorized capacity, and that by is/her/their signatureo on the instrument the personos ,, or the entity upon behalf of which the personsrarsacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K. A.EBY r _CIMM. #2333693 —+ ' WITNES my hand d offf�seal. Z ` e wnw .nm ccuwann — — nrvrmsmecourrry � re••••. a.nhr.•arr,rlae,.a uuv (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATI DESCRIPTION OF THE ATTACHED DOCUMENT (fire or description of attached document) (Title ordescription of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM DN Thhform conrphes with cnu-mit California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acbrowledgmentt firom other stores may be conrpletedfor docuunents being sent to that state so long ar the wording does not require the Cdifonda notayto violme California notary lay. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be die same dale the acknowicdgment is completed. • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signcr(s) who personally appear al the time of notarization. • Indicate the correct singular or plural fortes by crossing off incorrect forms (i.e. bs/sheAgey- is /ars) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. O Additional information is not required but could help to ensue this acknowledgment is not misused or attached to a different document. v+ Indicate title or type of attached document, number of pages and date. 7 Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secrdaryl. • Securely attach this document to the signed document with a staple. Attachment B Bid Analysis § gig (\ \/ i!) � ! ` )tj)\j!{!{\!!/{} ){} \/ (( ! | „ - )§ \ (() \\[([( }( m }(\§(! \\} }\} ] � \)/{{}}\\i// 4;4\44- _ | - }�Iz \)}{}\)\}{)z\}\j} \ f 7 E I \ { \ \ \ \ \ \ }( \\ \ \ \ \ \ \ \ \ \\{;;; : \ \ \ \ \ - �(; - - - - \}§))§2\ \ \ \ \ \ \ \ o §» \ \ \ u § § (§§} - 66 §§(}/(�� §� - [ \&§®)2§r \ \\\\\\\\} \\��\\\ \\§\ 31b4 N O O S OD03 H0 o O a z w m 4 3 1 > 0 w Y z a z NIVOVa01OVd1N0O a 3H13aIH no), 7iim a `o O Y U n0A1SNIVOVSNIVIO 3113 8010Va1N003H1010 !A U W Wr W W } $ Z � ; sa3oao3oNVHo O0 LL AaVSS303NNn a03 30 a ASV a01OV81NOO 3H10I0 z o_ a 2 91n03HOS NO AVIS i ^ a01OVd1NOO 3H1010 o U O Y _ W 9 Aaonn unvn 00 a010Va1N0O 3H1010 U p W W N z M 03131dAOO 31VC � o 1NnOA 0 o 0 0 0 8 c 0 D m O m � 0 a a Y a a rc LL W F <z Q W � � o y m U m W � a w � w � o U Z m W � — LL � (n 0 0 w m 0 0 b O U N E 0 0 0 p C m = W U z ` Z I N IL C N C U Kd F. a vi o w � o 3 m o O Q v � � r m p w 9 m U) O p m w 0 Z z O d Z_ co Q N W W ~ O J Z Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 CONTRACTORS STATE LICENSE BOAR 473 GContractor's License Detail for License # 944088 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. csL.—, airlduch— a is rennaed byIaw ease 11x6) mNisenrtyissubjectN public complaint dl on l ink Nat Mll appear below tin merc lnformetion.Olek hem ror a deti ur disamaNe amnns. onyennwuetion relator uNNudgments moored bo lUiamdisslraed(MPt0t11t). s Rrbicaut.nsarenot lNMunlbo Newommorvits toommpN aRh Ne,arms. r Dueto mrldwq Nemmay be relewnt inlermabon NM has nMyxtbeenenteredirMih board's rcencedalabase. Data current as of 6/23/2022 9:38:45 AM Business Information R DEPENDABLE CONST INC 1019 WEST 3RD STREET SUITE B SAN BERNARDINO, CA 92410 Business Phone Numbe[(909) 381-2310 Entity Corporation Issue Data 03/04/2010 Expire Date 03/31/2034 License Status This license is current and active. All information belowshould be reviewed. B- GENERALBUILDING Classifications Bonding Information ContrRtt's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number, 100114809 Bond Amount: $15,000 Effective bah: 01/01/2016 Contractor's Bond History Borth of(tuaafYing Individual The qualifying individual ROSEMARY RUIZ PADILIA certified that he/she owns 10 percent or more of the voting stock/membership interest of this company, therefore, the Bond of Qualifying Individual is not required. Effective bate: 03/04/2010 WorkesCompensatlon This license has workers compensation insurancewah the STATE COMPENSATION INSURANCE FUND Policy Numben9054846 Effective Daft: 07/03/2014 Expire Date: OT/03/2023 Workers' Compensation History ail k Personnel listed on this license (current ordisassociated) are listed on other licenses. Document Control Page 7 of 30 Back to To Conditions of Use Bid Analysis, Ny of Rosemead, Dog Park at Garvey Park, Project No: 41022 Document Control Page 8 of 30 Privacy Policy Accessibility Accessibility Certification Copyright © 2022 State of California Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 Document Control Page 9 of 30 CONTRACTORS STATE LICENSE BOAR! OContractor's License Detail for License # 989458 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. , ¢Lammplamtdrei ismnncted Wave l%P 7124 el fres enuwb wi ectm public compliant disciowm click on link that will appear below f« more inNm,.cNn. Cock hem Nr a deep kion m diwimahle anions. k only conmueton retina ciwiiudamente mooned m(SUs are disclosed take 7071,17), , Artiraboare are nm lived unless me contarar Nib to comi>tr with the teems. , Due to workload, mem may bereleeant imom,auon met has not pat been entered Into the board's license drisi Data current as of 6/23/2022 9:42:39 AM Business Information SHADE STRUCTURES INC dbe USA SHADE & FABRIC STRUCTURES P o sox 3A6T COPELL,T%75019 Business Phone Number:(214) 905-95M Entity Corporation Issue Drte 12/31/2013 Expire Date 12/31/2013 License Status This license is current and active. All Information below should be reviewed. 8 GENERALBUILDING Classifimfions Bonding Information Contractor's Bond This license filed! a Contractor's Bond with ATLANTIC SPECIALTY INSURANCE COMPANY. BOM Numben S00009785 BOM Amount: 515,000 Effective Date: 01/01/2016 Contractor Bond History Bond of Qualifying Individual This license filed Bond of Qualifying Individual number eo0027Q7 for JOSE LUIS CEBALLOS in the amount of $12,SW with ATLANTIC SPECIALTY INSURANCE COMPANY. Effective Dats:01/06/2017 Workers' Compensation This license has workers compensation insurance with the PENNSYLVANIA MANUFACTURERS ASSOCIATION I NSURANCE COMPANY Policy Number.2021750652321 Effective Date: 10/01/2021 Expire Dace: 10/01/2022 Workers' Compensation History Other t Personnel listed on this license(current oraisassociatad) are listed on other licenses. Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification Copyright © 2022 State of California Document Control Page 10 of 30 Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project Na 41022 Contractor Information Legal Entity Name R DEPENDABLE CONST INC Legal Entity Type Corporation Status Active Registration Number 1000002054 Registration effective date 7/1/2022 Registration expiration date 6/30/2023 Mailing Address 1019 W 3RD STREET, STE B SAN BERNARDINO 92410 C... Physical Address 1019 W 3RD STREET, STE B SAN BERNARDINO 92410 C... Email Address Trade Name/DBA License Number(s) CSLB:944088 CSLB:944088 Legal Entity Information Corporation Number: Federal Employment Identification Number: President Name: Rosemary Padilla Vice President Name: Treasurer Name: Secretary Name: CEO Name: Agent of Service Name: Rosemary Padilla Agent of Service Mailing Address: 3.019 W. 3rd Street, Suite B San Bernardino 92410 CA United States of America Workers Compensation Do you lease employees No through Professional Employer Organization (PEO)?: D=rnent Control Page 11 of 30 Registration History Effective Date Expiration Date 6/8/2018 6/30/2019 6/12/2017 6/30/2018 6/10/2016 6/30/2017 6/19/2015 6/30/2016 10/21/2014 6/30/2015 7/1/2019 6/30/2020 7/1/2020 6/30/2021 7/1/2021 6/30/2022 7/1/2022 6/30/2023 Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Projed No: 41022 Please provide your current workers compensation insurance information below: PEO PEO PEO PEO Information Name Phone Email Insured by Carrier Policy Holder Name:R DEPENDABLE CONST INCInsurance Carrier: STATE COMPENSATION INSURANCE FUNDPolicy Number:9064846-21Inception date: 7/3/2021Expiration Date:7/3/2022 Comment Control Page 12 of 30 Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 Contractor Information Legal Entity Name SHADE STRUCTURES, INC. Legal Entity Type Corporation Status Active Registration Number 1000003533 Registration effective date 7/1/2021 Registration expiration date 6/30/2023 Mailing Address PO BOX 3467 Coppell 75019 TX United States of A... Physical Address 1085 N MAIN STREET SUITE C ORANGE 92867 CA ... Email Address Trade Name/DBA USA SHADE & FABRIC STRUCTURES License Number(s) CSLB:989458 Legal Entity Information Corporation Number: C3613628 Federal Employment Identification Number: President Name: Bryan Yeazel Vice President Name: DAVID SCHNEIDER Treasurer Name: Cary Glay Secretary Name: David Starr CEO Name: Agent of Service Name: David Schneider Agent of Service Mailing Address: 1085 N MAIN ST SUITE C ORANGE 92867 CA United States of America Workers Compensation Document Control Page 13 of 30 Registration History Effective Date Expiration Date 6/13/2018 6/30/2019 6/13/2017 6/30/2018 6/8/2016 6/30/2017 6/5/2015 6/30/2016 12/8/2014 6/30/2015 7/1/2019 6/30/2021 7/1/2021 6/30/2023 Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name:SHADE STRUCTURES, INC.Insurance Carrier: PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANYPolicy Number: 2020750652321Inception date:10/1/2020 Expiration Date:10/1/2021 Document Control Page 14 of 30 ?ublic Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 AD'i State of California R Department of Industrial Relations PRIME AND SUB ARE NOT LISTED ON THE DLSE DEBARMENT LIST DLSE Debarments https:Hwww.dir.ca.gov/dlse/debar,html Document Control Page 15 of 30 The following is a list of contractors barred from bidding on, accepting, or performing any public works contracts, either as a contractor or subcontractor. Please refer to the "Period of Debarment' for status of debarment period as noted below: As part of your due diligence, we suggest that you also check: • Contractor status at the Contractors State License Board (CSLB) • The Federal debarment list at the Excluded Parties List System Name of contractor MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION; AND REFAAT HILMAY MINA, CSLB License Number: 612429 GRFCO, INC. DBA ONSITE KRUSHING; GARCIA JUAREZ CONSTRUCTION, INC.; GEORGE ROBERT FROST; AND JAMES CRAIG JACKSON CSLB License Number: 291013 and 84801 Period of debarment September 27, 2021 through September 26, 2022 Decision LB 6333 5/21/2021 through 5/20/2024 Decision LB 6629 I of 13 6/23/2022, 9:45 AM Public Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 Avi Shechter, Individually DBAAvi Shechter CSLB Number: 908891 and 1018353 Patrick Kim, Individually DBA Ritecon Plumbing CSLB Number: 991018 Bighorn Construction, Inc. CSLB Number: 597866 Doug Parks, Individually dba Doug Parks and Son Plumbing CSLB Number: 411825 Worthington Construction, Inc.; Dale Worthington, an individual and CEO/RMO of Worthington Construction, Inc.; and, Holi Jeanne Worthington, an individual and Officer of Worthington Construction CSLB Number: 714836 RMV Construction, Inc., A California Corporation; and Robert Michael Vasil II a.k.a. Robert Michael Vasil a.k.a. Mike Vasil, an Individual and CEO/RMO 2of13 https://www.dir.ca.gov/dlse/debar.html Document Control Page 16 of 30 5/6/2019 through 5/5/2022 Decision LB 6328 8/21/2018 through 8/20/2019 Decision LB 6762 5/5/2018 through 5/4/2021 Decision LB 6658 10/11/2017 through 10/10/2019 Decision SC 5807 6/15/2018 through 9/16/2019 Decision LB 5267 4/1/2017 through 8/18/2018 Decision LB 5266 6/23/2022,9:45 AM Public Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 President of RMV Construction, Inc. CSLB Number: 892389 Gewargis Youkhanis Narso, an individual dba GEHVAC and Technologies, a sole proprietorship, And GEHVAC Co., a sole proprietorship CSLB Number: 899312 and 1013848 Joseph Brothers Enterprise, Inc.; Ken Joseph Individually and as CEO CSLB Number: 849169 https://www.dir.ca.gov/dlse/debar.html Document Control Page 17 of 30 2/1/2017 through 1/31/2020 Decision 40-48480-516 4/3/2018 through 10/3/2019 Decision SC 6390 Dave Cook Concrete Construction, Inc., 3/1/2017 through and David William Cook 2/29/2020 34231 Camino Capistrano #102 Decision LB 6207 Capistrano Beach, CA 92624-1189 CSLB Number: 461897 Bannaoun Engineers Constructors 05/12/17 through Corporation; Omar Maloof, An 05/11/20 Individual Decision SC 5517 P.O. Box 16599 Beverly Hills, CA 90209-2599 CSLB Number: 827829 Evans Roofing Co., Inc. 10/31/16 through 2020 South Yale Street 10/30/19 3 of 13 6/23/2022,9:45 AM Public Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 Santa Ana, CA 92706 CSLB Number: 610549 Guillermo Ibaibarriaga dba Sierra Nevada Stucco and 2K Roofing Sierra Nevada Stucco P.O. Box 8472 Reno, NV 89502 CSLB Number: 915812 2K Roofing 820 Kuenzli Street Reno, NV 89502 CSLB Number: 954551 bttps://www.dir.ca.gov/dlse/debar.html Document Control Page 18 of 30 Decision LB 6270 05/14/17 through 05/13/20 Decision SC 6037 Del Norte Construction, And Trinidad 6/01/16 through 5/31/17 Manuel Canales, an Individual Decision LB 5533 PO Box 5101 Oxnard, CA 93030 5020 Wooley Rd. Oxnard, CA 93030 CSLB Number: #945723 Diversified Building & Electric Company, Inc. 409 Tennant Station Morgan Hill, CA 95037 Denis Andrew Maris, Individually and Doing Business as Diversified Electric Company 2/15/16 through 8/15/17 Decision SC 5714 4 of 13 6/23/2022,9:45 AM Public Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 CSLB Number: #765312 Fast Demolition, Inc. 601-C East Palomar Street #123 Chula Vista, CA 91911 CSLB Number: #792729 Rogelio Medina Vazquez., an individual and in his capacity as Responsible Managing Officer of FAST DEMOLITION, INC. Amerivet Plumbing, Inc.; Walter Edward Jacob Kuhlmann III, Individually And dba Amerivet Plumbing Services CSLB Number: #969048 and #919761 > of I https://wwwdir.ca.gov/dlse/debar.html Document Control Page 19 of 30 4/1/44 through 3/31/47 Decision LB5742 4/1/41 through 3/31/44 Decision LB5665 4/1/36 through 3/31/39 Decision LB5740 4/1/33 through 3/31/37 Decision LB5651 4/1/33 through 3/31/37 Decision LB5739 4/1/24 through 3/31/27 Decision LB5741 4/1/30 through 3/31/33 Decision LB5743 4/1/27 through 3/31/30 Decision LB5666 4/1/21 through 3/31/24 Decision LB5667 4/1/18 through 3/31/21 Decision LB5668 4/01/15 through 3/31/18 Decision LB5345 8/6/15 through 8/5/18 Decision SC 5756 6/23/2022,9:45 AM Public Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 Ultimate Inc., And, Enrique Vera, an Individual PO Box 571117 Tarzana, CA 91356-1117 CSLB Number: #949229 Travioli Construction, Inc. PO Box 231 Visalia, CA 93274 CSLB Number: #936832 Integrity Sheet Metal, Inc. 319 McArthur Way Upland, CA 91786 CSLB #726770 William Ben Hicks, an individual; Margaret Mary Hicks, an individual LA Builders, Inc., a California Corporation 15635 Saticoy Street, #H Van Nuys, CA 91406 CSLB #748591 Alon Gamliel, an individual USA Wall Systems, Inc. 8309 Sunshine Lane Riverside, CA 92508 CSLB #929610 Edward Eugene Brammer, an individual and in his capacity as Sof13 https://www.dir.ca.gov/dlse/debar.htm] Document Control Page 20 of 30 12/1/15 through 11/30/18 Decision LB 5655 & LBS659 9/11/15 through 3/10/17 Decision SC 5800 2/01/15 through 1/31/18 Decision LB 5596 2/01/15 through 1/31/18 Decision LB5171 4/01/15 through 3/31/18 Decision LB 5323 6/23/2022, 9:45 AM Public Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park. Project No: 41022 President/CEO/RMO Daughter Construction formerly dba Hy Carpentry Construction 15407 Thorn lake Avenue Norwalk, CA 90650 CSLB #979297 Sharon Jin Yoo, an individual; Dae Hyun Yoo, an individual and in his capacity as manager/supervisor for Sharon Jin Yoo and in his capacity as General Partner for HY Construction, a General Partnership. RDA Construction, Inc. 1692 W. Bullard Ave., Fresno, CA 93711 CSLB# 383306 Titan Electrical Construction, Inc. Lucas Oliver Stickney, an individual Jamie Noel Furr, an individual 630 Natoma Street San Francisco, CA 94103 CSLB# 919516 Ramos Painting Carlos Ray Ramos, an individual P.O. Box 3871 Paso Robles, CA 93447 CSLB# 753575 7of13 https://www.dir.ca.gov/dlse/debar.html D=ment Control Page 21 of 30 4/01/15 through 3/31/18 Decision LB 5466, LB5467,LB5468 & LB5520 12/15/14 through 12/14/16 Decision 40-40508-522 & 44-40509-522 11/3/14 through 11/2/17 Decision SC 5539 11/3/14 through 11/2/15 Decision SC 5518 6/23/2022,9:45 AM ?ublic Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 Dick Emard Electric. dba Emard Electric Luke Richard Emard, an individual and RMO 5930 Key Court, Suite A Loomis, CA 95650 CSLB# 794007 Nixon Electric Gordon Fulton Nixon, an individual 5624 Faust Ave. Woodland Hills, CA 91367 CSLB# 796802 Neris General Contractors, a California Corporation Efren Neri, an individual Servando Neri, an individual Rebeca Neri, an individual Luis Abelardo Castro, an individual 6087 California Ave. Long Beach, CA 90805 CSLB# 797967 https://www.dir.ca.gov/dlse/debar.html Document Control Page 22 of 30 11/3/14 thorough 11/2/17 Decision SC 5521 8/1/14 through 7/31/17 Decision LB 4495 2/28/14 through 2/27/17 Decision LB 4511, LB4512 & LB4521 Southland Construction 10/14/14 through Reza Mohammedi, an individual 10/13/17 3943 Irvine Blvd., #405, Irvine, CA 92602 Decision SAC 5492 CSLB# 663784 (expired) National Drywall Corporation, A Dissolved California Corporation 603 S. Milliken Avenue, Suite F Ontario, CA 91761 CSLB #834335 Miguel Contreras, an Individual and 8/4/14 through 8/3/17 Decision SAC 5506 3 of 13 6/23/2022, 9:45 AM Public Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 Responsible Managing Officer/CEO /President Dora Maria Contreras, an Individual and Agent/Officer of the Corporation https://www.dir.ca.gov/dlse/debar.html D=ment Control Page 23 of 30 Tadros &Youssef Construction, Inc. 5/10/14 through 5/9/17 Kamel Shaker Tadros & Makram Decision SAC 5308 Youssef Youssef, Individually 1221 E 8th Street, Unit A, Upland, CA 91786 CSLB# 698182 (expired) Serenity Fire Protection 417 S. Associated Road, Brea, CA 92821 CSLB# 902927 Don Kelly Construction , Inc. Don Kelly, Individual and Lisa Kelly, Individual 171 Northview Ridge Lane, P.O. Box 10760, Bozeman, MT 59719 Aldan, Inc. P.O. Box 9428, Brea, CA 92822 CSLB #949229 5/1/14 through 4/30/17 Decision LB 4202 3/25/14 through 3/24/17 Decision LB 4484 2/28/14 through 2/27/17 Decision LB5175 3 of 13 6/23/2022,9:45 AM Public Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 Russell/Thompson, Inc. James Jean Russell & ValeryAlena Thompson, Individually 4684 Oak Glen Dr., Redding, CA 96001 CSLB# 915036 (revoked) https://www.dir.ca.gov/dlse/debar.htmi Document Control Page 24 of 30 10/31/13 through 10/31/16 Decision SC 5309 Ayodejia A. Ogundare, Individual 5/15/2013 through Dba Pacific Engineering Company 5/15/2014 6310 Stewart Way, Bakersfield, CA 93308 Decision SAC 1039 CLSB#710322 Wallcrete Industries, Inc.; Garit David 7/29/12 through 7/28/15 Wallace and Amber Anderson, Decision SAC 5175 Individuals 400 Kansas, Redlands, CA 92373 CSLB#834220 FEI Enterprises, Inc Gabriel Fedida, Individual 5749 Venice Blvd., Los Angeles, CA 90019 CSLB#659252 Jeffrey Alan Mott and Michelle Mott, individuals Dda Integrity Landscape 3756 Independence Avenue Sanger, CA 93637 CSLB#774222 6/14/12 through 6/13/15 Decision SC 5198 3/29/12 through 3/28/15 Decision SC 5160 10 of 13 6/23/2022,9:45 AM Public Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 Jensen Drywall & Stucco Jeffrey E. Jensen 3714 Lynda Place National City, CA 91950-8121 CSB # 664168 Exp. 2/18/11 (expired) All West Construction, Inc. Donald Kent Russell 495 N. Marks Ave. Fresno, CA 93706 CSB # 592321 Exp. 4/3/12 (suspended) Country Builders, Inc. Weldon Offill, individually 5915 Graham Ct. Livermore, CA 94550 CSB # 699574 Exp. 11/30/12 (active) Sutter Foam & Coating, Inc. 909 A. George Washington Yuba City, CA 95993 CSB # 732014 Exp. 1/31/09 (inactive) David Alvin Trexler, an individual 909 A. George Washington Yuba City, CA 95993 Kenneth A. Trexler, an individual 2603 Lago Lane Marysville, CA 95901 Soo Dong Kim, an individual, dba Soo Kim Electric Company 16224 Ridgeview Lane La Mirada, CA 90638 11 of 13 https://www.dir.ca.gov/dlse/debar.html Document Control Page 25 of 30 3/31/11 through 3/30/13 3/31/11 through 3/30/13 Decision se 5013 3/1/11 through 2/28/14 Decision SC 5053 Addendum SC 5053 7/1/10 through 6/30/13 Decision SAC 5012 4/19/10 through 4/18/13 Decision SAC 1064 6/23/2022,9:45 AM Public Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 CSB # 568103 Exp. 8/1/09 (inactive) Hyo Nam Jung, an individual, dba Lucid Electric 18621 Well Street Rowland Heights, CA 91748 CSB # 914692 Exp. 4/3/10 Southwest Grading, dba Southwest Grading Services, Inc., 22031 Waite Street Wildomar, CA 92595 David Walter Cholewinski, an individual 22031 Waite Street Wildomar, A 92595 29970 Technology Drive, Ste. 205 Murrieta, CA 92563 CSB #840416 Exp. 6/30/10 S.J. Cimino Electric, Inc., a California corporation, 3267 Dutton Ave. Santa Rosa, CA 95404 Salvatore Joseph Cimino, RMO, CEO and President of S.J. Cimino Electric, Inc. and sole owner of S.J. Cimino Electric, an individual 5825 Heights Rd. Santa Rosa, CA 95401 CSB #343802 Exp. 2/28/10 CSB #294141 Exp. 9/30/13 (inactive) Cedar Development Corporation Serghon Gabriel Afram, individually 12 of 13 https://www.dir.ca.gov/dlse/debar.htmi Document Control Page 26 of 30 3/18/10 through 3/17/13 Decision SAC 1058 10/15/09 through 10/14/12 Decision SAC 1052 8/5/09 through 8/4/12 6/23/2022, 9:45 AM Public Works Bid Analysis, City of Rosemead, Dog Park at Garvey Park, Project No: 41022 12477 Feather Dr Mira Loma, CA 91752 CSB # 839898 Exp. 6/30/10 (suspended) All Floors Commercial and Residential Flooring, Inc. Salvador Elias Perea, individually 750 E. McGlincy Lane, #103 Campbell, CA 95008 CSB #430969 Exp. 7/31/09 1 -AMD Construction, Inc. Alberto Mordoki, individually Mirella Mordoki, individually 5300 Beach Blvd., Suite 110-416 Buena Park, CA 90621 CSB #787533, revoked Updated: May 2021 1accinate All 58 13 of 13 https://www.dir.ca.gov/dise/debar.htrnl Document Control Page 27 of 30 Decision SAC 1042 5/14/09 through 5/13/12 Decision SAC 1040 3/16/09 through 3/15/12 Decision SAC1037 6/23/2022,9:45 AM 3AM.gov i Search https://saTn.gov/search/?index=ex&sort=relevance&page=l&page Size... 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Individuals found performing unauthorized activities are subject to disciplinary action including criminal prosecution. 3 of 3 6/23/2022, 9:49 AM Attachment C Project Bid Package Bid Package, Dog Park at Garvey Park, Project No: 41022 CITY OF ROSEMEAD CALIFORNIA Document Control Page 1 of 197 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR DOG PARK AT GARVEY PARK PROJECT No. 41022 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, JUNE 22, 2022 AT 10:30 AM Bid Package, Dog Park at Garvey Park, Project No: 41022 CITY OF ROSEMEAD DOG PARK AT GARVEY PARK PROJECT No. 41022 TABLE OF CONTENTS BIDDING DOCUMENTS Document Control Page 2 of 197 1. Notice Inviting Bids............................................................NIB-1 - NIB -2 2. Instructions to Bidders..............................................................ITB-1 - ITB -10 3. Contract Bid Forms............................................................CBF-I - CBF -15 CONTRACT AGREEMENT I. Contract Agreement and Insurance Requirements 2. Performance Bond 3. Payment Bond CONTRACT APPENDIX Part "A" General Provisions ......................................... GP- 1 —GP -35 Part "B" Supplemental General Conditions ......................GC -I — GC -10 Part "C" Technical Provisions......................................TP-1 — TP -76 Part "D" Appendix Appendix A - Project Plans Bid Package, Dog Park at Garvey Park, Project No: 41022 CITY OF ROSEMEAD NOTICE INVITING BIDS NIB No. 2022-13 Document Control Page 3 of 197 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 228" day of June, 2022, and bids will be publicly opened via Zoom 30 minutes after bid deadline for DOG PARK AT GARVEY PARK PROJECT No. 41022 Public Bid Opening Zoom Meeting Link: https:Hus02web.zoom.us/i/83287516742?12wd=Zkg I MnJUakl4eWwxTk9QR2dONlBLOT09 Meeting ID: 832 8751 6742 Passcode: 566817, Dial: 669 900 9128 The project consists of construction of a new dog park at Garvey Park including removals, installation of dog amenities, grading, drainage improvements, PCC improvements (curb ramp, curb, PCC pavement), chain link fence and other related work as indicated on the construction plans, including other incidental and appurtenant work necessary for the proper completion of the project. The engineer's estimate for this project is $525,000. The successful bidder shall have FORTY-FIVE (45) working days to complete the field work. Contractor will be allowed 15 additional working days to coordinate procurement of longer lead time material prior to commencing with field 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 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 4 of 197 agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date. The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "A" or Class "B" license in good standing at the time Bids are received. The Council reserves the right to refect any and all bids and to waive any informality, technical defect, or minor irregularity in any bid submitted. An award of service shall not be final until the bids have been reviewed and a Contract Agreement with the City has been signed by the lowest responsible bidder and by the City. Award of Contract Agreement is proposed for July 12d', 2022. Dated this June 2, 2022 zf_� Ericka Hernandez City Clerk Publish: June 2nd & 9d', 2022. NIB -2 Bid Package, Dog Park at Garvey Park, Project No: 41022 CITY OF ROSEMEAD DOG PARK AT GARVEY PARK PROJECT No. 41022 INSTRUCTION TO BIDDERS Document Control Page 5 of 197 Bid Package, Dog Park at Garvey Park, Project No. 41022 INSTRUCTIONS TO BIDDERS Document Control Page 6 of 197 All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically noted, capitalized terns are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. 1. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the Notice Inviting Bids. The Owner may also make the Bid Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Bid Documents at a plan room must contact the Owner to purchase the required Bid Documents if they decide to submit a bid for the Project. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via email or facsimile to the Owner's Project Engineer. Any response that the Owner may choose to make for purposes of interpretation or clarification, will be in writing and made available to all the listed holders of the Bid Documents. The Owner will respond to all written/faxed/email Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of the Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix ITB - 1 Bid Package, Dog Park at Garvey Park, Project No: 41022 Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Technical Provisions Part "D" - Appendix Any Addenda Issued by the Owner 4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Document Control Page 7 of 197 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 ITB - 2 Bid Package, Dog Park at Garvey Park, Project No* 41022 Document Control Page 8 of 197 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. S. 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 ajoint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venture or partner appointing and designating one of the joint ventures or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venture or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venture or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venture or partner shall bejointly 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 cashiers 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 ITB - 3 Bid Package, Dog Park at Garvey Park, Project No: 41022 approved in writing by the Owner. Document Control Page 9 of 197 Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. 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 DOG PARK AT GARVEY PARK 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 ITB - 4 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 10 of 197 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 from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and executed documents and certifications from the successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder. 15. DESIGNATION OF SUBCONTRACTORS Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the prime Bidder in an amount that exceeds one-half of one percent (0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, as well as any others requested by the Owner, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty- four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING AND REGISTRATION REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Pursuant to Section 1725.5 of the Labor Code, all bidders must be registered with the Department of Industrial Relations to be qualified to bid on this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted and be registered with the Department of Industrial Relations. Pursuant to Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do business in California, and satisfactory to the Owner. ITB - 5 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 11 of 197 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 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 No Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 12 of 197 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 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. ITB - 7 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 13 of 197 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner/joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% of the Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non -Collusion Affidavit; and D. Completed and properly executed Bidder Information Forms. If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary. 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS A. Contract Bid Forms. The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda - Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed hatter 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 Wit -M., Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 14 of 197 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 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; �e Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 15 of 197 (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDERS ITB - 10 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 16 of 197 CITY OF ROSEMEAD DOG PARK AT GARVEY PARK PROJECT No. 41022 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 Bid Package, Dog Park at Garvey Park, Project No 41022 BID SCHEDULE SCHEDULE OF PRICES FOR DOG PARK AT GARVEY PARK PROJECT No. 41022 Document Control Page 17 of 197 NO. ITEM DESCRIPTION EST. CITY. UNIT UNIT PRICE ITEM COST 1 Mobilization (Not to Exceed 5%) 1 LS $ $ 2 Traffic Control 1 LS $ $ 3 Demolition and Site Clearing 1 LS $ $ 4 Earthwork, Removal and Grading 1 LS $ $ 5 Dust Control and BMP 1 LS $ $ 6 Remove and Reconstruct Curb and Gutter 20 LF $ $ 7 Remove and Reconstruct Curb 50 LF $ $ 8 Construct Curb 160 LF $ $ 9 Curb Ramp 1 EA $ $ 10 Concrete Block Slough Wall 60 LF $ $ 11 8" Diameter PVC SDR 35 Drain Pipe 345 LF $ $ 12 8" Diameter PVC SDR 35 Drain Pipe in Gravel Bed 100 LF $ $ 13 NDS 1212 Catch Basin with Solid Cover 1 EA $ $ 14 Drain Inlet 8 EA $ $ 15 Overflow Drain Structure per Detail on Plans 1 EA $ $ 16 Remove and Reconstruct Asphalt Pavement 50 TON $ $ CBF -2 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 18 of 197 N0. ITEM DESCRIPTION QTY EST. UNIT UNIT PRICE ITEM COST 17 2" Water Service 1 EA $ $ 18 1" Water Service 2 EA $ $ 19 Traffic Striping and Signage 1 LS $ $ 20 Surveying 1 LS $ $ 21 4" Thick Concrete Flatwork 2,100 SF $ $ 22 Concrete Header (6" Wide) 530 LF $ $ 23 Concrete Header (9" Wide) 170 LF $ $ 24 Stabilized Decomposed Granite 8250 SF $ $ 25 Boulder 2'x 3' 5 EA $ $ 26 Boulder 3'x 4' 3 EA $ $ 27 Boulder 3'x 5' 5 EA $ $ 28 Chain Link Fencing - 5' High 60 LF $ $ 29 Chain Link Fencing - 5' High w/ Baseboard 145 LF $ $ 30 Chain Link Fencing - 8' High 105 LF $ $ 31 Chain Link Fencing -12' High 150 LF $ $ 32 Chain Link Double Gate - 8' High (12' Opening) 1 EA $ $ 33 Chain Link Double Gate - 5' High (12' Opening) 1 EA $ $ 34 Chain Link Single Gate - 8' High (4' Opening) 1 EA $ $ CBF -3 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 19 of 197 NO. ITEM DESCRIPTION EST. CITY. UNIT UNIT PRICE ITEM COST 35 Chain Link Single Gate - 5' High (4' Opening) 2 EA $ $ 36 Baseboard - 2' High 320 LF $ $ 37 Table (ADA) 3 EA $ $ 38 Table 3 EA $ $ 39 Bench 6 EA $ $ 40 Drinking Fountain 2 EA $ $ 41 Dog Play Equipment (including equipment, freight, tax, and installation 1 LS $ $ 42 Dog Waste Bag Dispenser 5 EA $ $ 43 Trash Receptacle 4 EA $ $ 44 Shade Structures (including structures, engineering, freight, taxes and installation 3 EA $ $ 45 Dog Wash Station 1 EA $ $ 46 Irrigation System 1 LS $ $ 47 Soil Prep and Grading 9,500 SF $ $ 48 Weed Abatement 9,500 SF $ $ 49 Tree - 24" box 5 EA $ $ 50 Tree - 36" box 6 EA $ $ 51 Shrub -15 gallon 10 EA $ $ 52 Shrub - 5 gallon 63 EA $ $ 53 Turf - Sod 8,900 SF $ $ CBF -4 Bid Package, Dog Park at Garvey Park, Prqect No 41022 Document Control Page 29 of 197 NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST 54 Mulch (3" Depth) 6 CY $ $ 55 90 Days Maintenance Period 1 LS $ $ TOTAL BID AMOUNT IN NUMBERS $ TOTAL BID AMOUNT IN WORDS: Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third parry, 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 fumish 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. CBF -5 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 21 of 197 The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed in FORTY-FIVE (45) working days. Contractor will be allowed 15 additional working days to coordinate procurement of longer lead time material prior to commencing with field work. The Contract Time will begin to run ten 00) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. Bid Package, Dog Park at Garvey Park, Project No, 41022 By: 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: 111111111113: i Business Street Address City, State and Zip Code Telephone Number Document Control Page 22 of 197 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 -7 Bid Package, Dog Park at Garvey Park, Project No: 41022 SECTION 2 BID DATA FORMS r1uv»:a Document Control Page 23 of 197 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 24 of 197 Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of ($ ), 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 DOG PARK AT GARVEY PARK —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 andjudgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this day of , 20 (SEAL) Principal Surety Signature Signature Bid Package, Dog Park at Garvey Park, Project No: 41022 2.13 LIST OF PROPOSED SUBCONTRACTORS Document Control Page 25 of 197 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 l 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 -10 Bid Package, Dog Park at Garvey Park, Project No: 41022 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 of Subcontractor Name: Address: License No.: Department of Industrial Relation Registration No Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration Name and Location of Subcontractor Description of Work to be Subcontracted Address: License No.: Department of Industrial Relation Registration No. CBF - 11 Document Control Page 26 of 197 Bid Package, Dog Park at Garvey Park, Project No: 41022 2.0 Document Control Page 27 of 197 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: 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 -12 Bid Package, Dog Park at Garvey Park, Project No: 41022 4. Name and Address of Owner Name and telephone number of person familiar with project Document Control Page 28 of 197 Contract amount Type of Work Date Completed CBF -13 Bid Package, Dog Park at Garvey Park, Project No: 41022 SECTION 3 NON -COLLUSION AFFIDA VIT CBF -14 Document Control Page 29 of 197 Bid Package, Dog Park at Garvey Park, Project No: 41022 I-HO7" NON -COLLUSION AFFIDAVIT Document Control Page 30 of 197 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 -15 (Seal) Bid Package, Dog Park at Garvey Park, Project No: 41022 CONSTRUCTION CONTRACT DOG PARK AT GARVEY PARK (COMPANY NAME) PARTIES AND DATE Document Control Page 31 of 197 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 DOG PARK AT GARVEY PARK 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 herein by reference, and all applicable local, state and federal Bid Package, Dog Park at Garvey Park, Project No: 41022 Company Name Page 2 of 11 laws, rules and regulations. Document Control Page 32 of 197 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, Ben Kim, 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, Dog Park at Garvey Park, Project No: 41022 D==ent Control Page 33 of 197 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, Dog Park at Garvey Park, Project No: 41022 Company Name Page 4 of 11 Document Control Page 34 of 197 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 Contractorwith 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 Bid Package, Dog Park at Garvey Park, Project No: 41022 Company Name Page 5 of 11 Document Control Page 35 of 197 request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Dollar Amount in Word Format Dollars (Numerical) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 36 of 197 Company Name Page 6 of 11 during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required 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: City, State, Zip Code Attn: Project Manager's Name Tel: (000) 000-0000 City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, 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 Bid Package, Dog Park at Garvey Park, Project No: 41022 Company Name Page 7 of 11 Document Control Page 37 of 197 party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County, 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 38 of 197 Company Name Page 8 of 11 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 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, Bid Package, Dog Park at Garvey Park, Project No: 41022 Company Name Page 9 of 11 Document Control Page 39 of 197 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 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, Dog Park at Garvey Park, Project No: 41022 Company Name Page 10 of 11 CITY OF ROSEMEAD Ben Kim, City Manager Date Attest: Ericka Hernandez, City Clerk Date Approved as to Form: Document Control Page 40 of 197 COMPANY NAME By: Signature Date Name: Print Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Rachel Richman, City Clerk Date Name: Bid Package, Dog Park at Garvey Park, Project No: 41022 Company Name EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL Document Control Page 41 of 197 Bid Package, Dog Park at Garvey Park, Pgect No: 41022 Company Name EXHIBIT B INSURANCE REQUIREMENTS Document Control Page 42 of 197 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 Bid Package, Dog Park at Garvey Park, Project No: 41022 Company Name Document Control Page 43 of 197 the following terms and conditions: • 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 Vll. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 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, Bid Package, Dog Park at Garvey Park, Project No: 41022 Company Name Document Control Page 44 of 197 officials, employees, agents, and volunteers shall be additional insurer under such policies 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 parry 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, Dog Park at Garvey Park, Project No: 41022 Company Name Document Control Page 45 of 197 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 parry 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, Dog Park at Garvey Park, Project No: 41022 Company Name Document Control Page 46 of 197 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, Dog Park at Garvey Park, Project No: 41022 Document Control Page 47 of 197 CITY OF ROSEMEAD DOG PARK AT GARVEY PARK PROJECT No. 41022 PERFORMANCE BOND Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 48 of 197 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 DOG PARK AT GARVEY PARK 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 PERFORMANCE BOND - 1 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 49 of 197 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 Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on .20 Principal/Contractor By: President Surety By: Attomey-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, Dog Park at Garvey Park, Project No: 41022 STATE OF CALIFORNIA ) ss. COUNTY OF ) Document Control Page 50 of 197 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, Dog Park at Garvey Park, Project No: 41022 Document Control Page 51 of 197 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 1 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, Dog Park at Garvey Park, Project No. 41022 Document Control Page 52 of 197 CITY OF ROSEMEAD DOG PARK AT GARVEY PARK PROJECT No. 41022 PAYMENT BOND Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 53 of 197 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 DOG PARK AT GARVEY PARK 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 PAYMENTBOND-1 Bid Package, Dog Park at Garvey Park, Project No. 41022 Document Control Page 54 of 197 Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of 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, Dog Park at Garvey Park, Project No: 41022 Document Control Page 55 of 197 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 PAYMENTBOND-3 Bid Package, Dog Park at Garvey Park, Project No: 41022 CERTIFICATE AS TO CORPORATE PRINCIPAL Secretary of the corporation named Document Control Page 56 of 197 certify that I am the 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. PAYMENTBOND-4 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 57 of 197 CITY OF ROSEMEAD DOG PARK AT GARVEY PARK PROJECT No. 41022 PART "Ar' GENERAL PROVISIONS Bid Package, Dog Park at Garvey Park, Project No 41022 Document Control Page 58 of 197 Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2018 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications"), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made a part hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2018 edition, only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans", it shall mean the Standard Specifications for Public Works Construction ("Green Book"), 2018 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS - 1 Bid Package, Dog Park at Garvey Park, Project No 41022 Document Control Page 59 of 197 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 GENERAL PROVISIONS - 2 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 60 of 197 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. 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'. ). 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 - [117710171:7\s9VNIVA M161hMm Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 61 of 197 SECTION 2 SCOPE AND CONTROL OF WORK The project consists of construction of a new dog park at Garvey Park including removals, installation of dog amenities, grading, drainage improvements, PCC improvements (curb ramp, curb, PCC pavement), chain link fence and other related work 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." GENERAL PROVISIONS - 4 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document control Page 62 of 197 2-5 PLANS AND SPECIFICATIONS 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 GENERAL PROVISIONS - 5 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 63 of 197 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 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: GENERAL PROVISIONS - 6 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 64 of 197 "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." 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: GENERAL PROVISIONS - 7 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 65 of 197 "The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's inspection." "When the Work is substantially completed, the Engineer or a representative of the Engineer will make the final inspection." "Whenever the Contractor varies the period during which Work is carried on any day, he shall give adequate notice to the City's Representative so that proper inspection may be provided. Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have previously been inspected, accepted or estimated for payment." "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." GENERAL PROVISIONS - 8 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 66 of 197 2-14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. Section 2-14 shall be added to the Standard Specifications as follows: "The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. The Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder except in strict compliance with Section 2-3 of the Standard Specifications and state law. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by force of law, except as otherwise provided in Section 7103.5 of the State of California Public Contract Code, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of the Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, this Contract shall be void. No approved transfer shall release the Contractor or any surety of the Contractor of any liability hereunder without the expressed written consent of the City." - END OF SECTION - GENERAL PROVISIONS - 9 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 67 of 197 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 fumished 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." GENERAL PROVISIONS - 10 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 68 of 197 "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 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 GENERAL PROVISIONS - 11 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 69 of 197 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 3-3.1 General. The provisions of Section 3-3.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "All extra work shall be adjusted daily upon report sheets furnished by the Contractor, prepared by the City's Representative and signed by both parties. The daily report shall be considered thereafter as the true record of extra work done. New and unforeseen work will be classed as extra work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears in the Bid Forms. The Contractor shall not do any extra work, except upon written order from the City's Representative." 3-3.2 Payment. The provisions of Section 3-3.2 of the Standard Specifications shall be amended as follows: 3-3.2.1 General. Section 3-3.2.1 shall be amended to include the following at the beginning of that Section: "Extra work shall be paid for under written work order in accordance with the terms therein provided. Generally, payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the City." 3-3.2.3 Markup. Paragraph (a) of Section 3-3.2.3 (Work by Contractor) shall be amended in its entirety to read as follows: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit. 1) Labor 24 percent (includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (I st tier only) 5 percent 6) Lower tier subcontractors none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding." 3-6 EXISTING CONDITIONS. Section 3-6 shall be added to the Standard Specifications as follows: GENERAL PROVISIONS - 12 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 70 of 197 "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 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, Dog Park at Garvey Park, Project No: 41022 Document Control Page 71 of 197 SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General. Section 4-1.1 of the Standard Specifications shall be amended in its entirety to read as follows: "It is the intent of the City in drafting the Contract Documents to accept only first-class work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal to samples when such samples are required. Used or secondhand materials, parts and equipment may be used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of Work shall be in strict accordance with generally accepted standards. Material, parts, equipment and Work quality shall be subject to the approval of the City's Representative. All materials, parts and equipment used and installed, and all details of the Work done, shall at all times be subject to the supervision, test and approval of the City's Representative. The City's Representative shall have access to the Work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work." "All materials, parts, equipment or Work which are defective in their construction or deficient in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction work. Any Work done beyond the lines shown on the Plans or established by the City's Representative, or any extra work done without written authority, will be considered unauthorized and will not be paid for by the City. Upon Contractor's failure to comply promptly with any order of the City's Representative made under the provisions of this Section, the City's Representative shall have authority to cause such defective or unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the Work is found to be in compliance with these specifications, the City's Representative will furnish the Contractor with a certificate to that effect." 4-1.2 Protection of Work and Materials. The provisions of Section 4-1.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall fully and adequately store and protect all materials, parts and equipment, as required herein. Contractor shall be solely responsible for any and all damages or loss by weather or any other cause to such materials, parts and equipment. The Contractor shall make good any and all damages or loss to materials, parts and equipment." GENERAL PROVISIONS - 14 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 72 of 197 "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 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 GENERAL PROVISIONS - 15 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 73 of 197 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: "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, Dog Park at Garvey Park, Project No. 41022 SECTION 5 UTILITIES 5-1 LOCATION Document Control Page 74 of 197 The provisions of Section 5-1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work." "The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work." "The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the Owner. The Contractor shall verify these locations." 5-2 PROTECTION The provisions of Section 5-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to grade by the Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before commencing the Work." "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing." "The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price." "During construction of the Work, some of the existing utilities may fall within the prism of trenches. if the existing utility does fall within the contractor=s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner's requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities." GENERAL PROVISIONS - 17 Bid Package, Dog Park at Garvey Park, Project No: 41022 5-5 DELAYS Document Control Page 75 of 197 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 I 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, Dog Park at Garvey Park, Project No: 41022 Document Control Page 76 of 197 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 GENERAL PROVISIONS - 19 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 77 of 197 materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5) when the Contractor fails or refuses to commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (6) when the Contractor fails or refuses to maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (7) when the Contractor fails or refuses to execute the Work in a manner and at such locations as specified in the Contract Documents; (8) when the Contractor fails or refuses to maintain a Work program which will insure the Agency's interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract; or (10) when the Contractor fails or refuses in any other respect to prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contract. The Contractor shall immediately comply with any written order from the City's Representative and shall not resume operations until so ordered in writing." 6-4 DEFAULT BY CONTRACTOR. The first, second and third full paragraphs of Section 6-4 of the Standard Specifications shall be amended to read as follows: "If the Contractor should be in violation of the Contract, then the City may, without prejudice to any other right or remedy and after giving notice as specified herein, terminate the Contract and take all actions provided for herein and elsewhere in the Contract Documents. By way of example and not as a limitation upon its right to terminate the Contract as provided herein, the City may terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1) begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2) commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3) maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the Contract Documents; (5) maintain a Work program which will insure the Agency's interest; (6) carry out the intent of the Contract; (7) supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other respect prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contact." "If the City determines that sufficient grounds exist to terminate the Contract as provided herein, the City's Representative shall provide written notice to the Contractor and its surety on its 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 GENERAL PROVISIONS - 20 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 78 of 197 employees and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. In such accounting, the City shall not be held to obtain the lowest figure for the Work for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a sum which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall exceed the amount payable under the Contract, then the Contractor shall pay the amount of the excess to the City upon completion of the Work without further demand being made therefore. In the determination of the question as to whether or not there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the Contract." 6-8 COMPLETION AND ACCEPTANCE. Section 6-8 of the Standard Specifications shall be amended in its entirety as follows: "The Work will be inspected for acceptance by the City's Representative upon receipt of the Contractor's written assertion that the Work has been completed. If in the sole discretion of the City's Representative, the Work has been completed and is ready for acceptance, the City's Representative will notify the City Clerk that the Contract has been completed in its entirety. The City's Representative shall request that the City accept the Work and that the City Clerk be authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work." "The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City's Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof." "The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by 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 GENERAL PROVISIONS - 21 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 79 of 197 the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1) year period." "The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials. Further, the certificate of final payment shall not terminate the Contractor's obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof." 6-9 LIQUIDATED DAMAGES. Section 6-9 of the Standard Specifications shall be amended in its entirety to read as follows: "Contractor agrees that if the Work is not completed within the Contract Time and/or pursuant to any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the 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: Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools" GENERAL PROVISIONS - 22 Bid Package, Dog Park at Garvey Park, Project No: 41022 -END OF SECTION - GENERAL PROVISIONS - 23 Document Control Page 80 of 197 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 81 of 197 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." GENERAL PROVISIONS - 24 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 82 of 197 "7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with law. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids." 7-3 PERMITS. Section 7-5 of the Standard Specifications shall be amended in its entirety to read as follows: "Unless indicated to the contrary in the Contract Documents, including the Special Provisions, Contractor shall procure all permits and licenses (including a City business license), pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work." 7-8 PROJECT SITE MAINTENANCE. 7-8.2 Air Pollution Control. The provisions of Section 7-8.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements." 7-8.6 Water Pollution Control. The provisions of Section 7-8.6 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with the provisions of the Federal Clean Water Act as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts 122-124, the Porter -Cologne Act (California Water Code) and the Waste Discharge Requirements for Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best Management Practices (BMPs) are listed in the California Storm Water Best Management Practices Handbook for Construction Activities." WATER POLLUTION CONTROL A. Water Quality Protection Requirements For Construction Projects With Less than 1 - Acre Of Disturbed Soil GENERAL PROVISIONS - 25 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 83 of 197 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) 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.cabml2handbooks.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. GENERAL PROVISIONS - 26 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 84 of 197 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) you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 4a'. Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576-6600; Fax: (213) 576-6640 Internet Address: http://www.swrcb.ca.gov/—rwgcb4 The SWPPP shall include: • The name, location, period of construction, and a brief description of the project; • Contact information for the owner and contractor; • The building permit number for the project; • The grading permit number for the project (where applicable) • A list of major construction materials, wastes, and activities at the project site; • A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; • A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; • Non -storm water discharges, their locations, and the BMPs necessary to prevent the discharge; • A maintenance and self -inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and • A certification statement that all required and selected BMPs will be effectively implemented. Within 7 days after the City has certified the contract, the Contractor shall submit two 2 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re- submit the document within 7 days of their receipt of the City's comments. The City shall then have 7 days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. C. Best Management Practices GENERAL PROVISIONS - 27 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 85 of 197 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 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 (NSB, NS9, and NS 10) 4. Physical Stabilization (EC7, EC12, NS4, TCI, and TC2) 5. Sediment Control Practices (SEI, SE9, SEB, 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 GENERAL PROVISIONS - 28 Bid Package, Dog Park at Garvey Park, Project Na 41022 Document Control Page 86 of 197 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 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 Telepbone 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 GENERAL PROVISIONS - 29 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 87 of 197 (For any significant volume of material that entered the storm drain or receiving water) G. Sewage Spill Written Notification The Contractor shall prepare and submit a written report within three (3) working days from the occurrence of a spill to the City, (Attention: Project Manager). This report shall describe the following information related to the spill: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause 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 GENERAL PROVISIONS - 30 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 88 of 197 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." 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: GENERAL PROVISIONS - 31 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 89 of 197 "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: "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, GENERAL PROVISIONS - 32 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 90 of 197 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 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 - 33 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 91 of 197 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)." GENERAL PROVISIONS - 34 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 92 of 197 "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 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 seg." "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 - 35 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 93 of 197 CITY OF ROSEMEAD DOG PARK AT GARVEY PARK PROJECT No. 41022 PART "B" SUPPLEMENTAL GENERAL CONDITIONS Bid Package, Dog Park at Garvey Park, Project No: 41022 DOG PARK AT GARVEY PARK PROJECT No. 41022 SUPPLEMENTARY GENERAL CONDITIONS 10-1 GENERAL 10-1.1 Description of Work Document Control Page 94 of 197 The project consists of construction of a new dog park at Garvey Park including removals, installation of dog amenities, grading, drainage improvements, PCC improvements (curb ramp, curb, PCC pavement), chain link fence and other related work 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, Dog Park at Garvey Park, Project No: 41022 Document Control Page 95 of 197 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 FORTY-FIVE (45) 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, Dog Park at Garvey Park, Project No: 41022 Document Control Page 96 of 197 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, Dog Park at Garvey Park, Project No. 41022 Document Control Page 97 of 197 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. SUPPLEMENTARY GCs -4 Bid Package, Dog Park at Garvey Park, Project No. 41022 Document Control Page 98 of 197 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 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 da) s after Notice of Completion was recorded. 10-I1 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 SUPPLEMENTARY GCs -5 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 99 of 197 herein for any part of the work constructed hereunder, which during said period is found to be deficient with respect to any provision of the specifications. The contractor also agrees to defend, indemnify and hold the Owner, its officers and employees, harmless from claims of any kind arising from damage due to said defects. The contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Engineer. If the contractor fails to make the repairs and replacements promptly, the owner may doe the work and the contractor and his surety shall be liable to the owner for the cost thereof. Upon termination of the Contractor's guarantee any manufacturers' guarantees held by him shall be delivered to the owner. The guarantees and agreements set forth in 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 SUPPLEMENTARY GCs -6 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 100 of 197 condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The Contractor shall provide proper barricades with flashing lights properly working and temporary fencing to insure a safe construction site. The Contractor shall maintain the work site in a manner that assures adequate access to workers and other authorized personnel. The Contractor shall provide proper traffic control in all construction areas. 1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to abate undue dust. Application of water for dust control shall be under the control of the Engineer and shall be applied in the amounts and at locations designated by the Engineer or other City Representatives. 1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm or other water from flowing uninterrupted along the existing street drainage courses. Diversion of water for short reaches to protect construction may be permitted if public or private properties are not threatened with damage. Should such diversions be necessary, the Contractor shall obtain written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside rights-of- way or normal drainage courses. 1.04 Protection of Existing Improvements. Construction operations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor shall work around all existing utility facilities. During construction the Contractor shall cooperate with the owners of any utility that has manholes, vaults, valve covers or any other facilities within the construction area. These facilities shall be completely protected by the Contractor. The Contractor shall exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless otherwise specified, all costs for protection of existing improvements shall be absorbed in the various items of work and no separate payment shall be made for them. 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. SUPPLEMENTARY GCs -7 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 101 of 197 1.07 Final Clean Up. After completion of all other work required under the contract, the Contractor shall, at no expense to the City, clean up the work site including any and all properties used by the Contractor during construction to the satisfaction of the Engineer. The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or nature which has been moved, damaged or altered in any way by the Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing asphalt pavement or concrete pavement during paving operations. The Contractor shall slurry (quick set emulsion aggregate slurry, Type Il (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. SUPPLEMENTARY GCs -8 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 102 of 197 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. 1. 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. SUPPLEMENTARY GCs -9 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 103 of 197 3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute notices informing those affected that construction will be performed in proximity to their property. The notice shall be distributed not less than 48 hours before commencement of work. The Contractor shall provide a sample notification to the Engineer for approval. 3.03 "NO PARKING" Signs. The Contractor shall post temporary "NO PARKING" signs at no cost to the City. The "NO PARKING" signs will be in place not less than 48 hours prior to performing the work. 3.04 Payment. No separate payment will be made for Contractor's Responsibilities Before Commencement of the Project. All costs for furnishing all labor, materials, tools, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. SUPPLEMENTARY GCs -10 Bid Package, Dog Park at Garvey Park, Project No: 41022 CITY OF ROSEMEAD DOG PARK AT GARVEY PARK PROJECT No. 41022 PART "C" TECHNICAL PROVISIONS Document Control Page 104 of 197 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 195 of 197 TECHNICAL SPECIFICATIONS FOR DOG PARK AT GARVEY PARK IN THE CITY OF ROSEMEAD, CALIFORNIA May 30th, 2022 TABLE OF CONTENTS CIVIL TECHNICAL PROVISIONS SECTION 02 75 00 MISCELLANEOUS CONCRETE SECTION 02 80 00 SITE FURNISHINGS SECTION 02 8100 IRRIGATION SECTION 02 82 00 CHAIN LINK FENCE SECTION 02 90 00 LANDSCAPING SECTION 03 10 00 CONCRETE FORMWORK SECTION 13 3123 PRE-ENGINEERED FABRIC SHADE STRUCTURES SECTION 32 92 23 SOD TECHNICAL PROVISIONS - 0 Bid Package, Dog Park at Garvey Park, Project No 41022 TECHNICAL PROVISIONS GENERAL STANDARD SPECIFICATIONS Document Control Page 106 of 197 The Standard Specifications for the construction materials and construction methods as set forth in the "Standard Specifications for Public Works Construction", 2018 Edition shall be the Standard Provisions for all the Work to be done and the provisions of the Contract for the Work. In case of conflict between the Standard Specifications and these Technical Provisions, the Technical Provisions shall take precedence over and prevail over such conflicting portions. MOBILIZATION BID ITEM 1; Mobilization shall consist of preparatory work and operations including all of the labor, equipment, tools, supplies, costs, arrangements, and others that are necessary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed including, but not limited to, bonds, insurance, arranging and coordinating with the modular restrooms building manufacturer, securing an adequate storage site for equipment and materials, and financing prior to beginning work on the various contract items on the project site. The cost of time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all non- working days during the construction period shall have been included in the bid. PAYMENT Payment for the preceding shall be included in the LUMP SUM for mobilization and shall be considered full compensation including the cost for obtaining all the required business licenses and permits. TRAFFIC CONTROL BID ITEM 2; 1.1 DESCRIPTION Traffic control, construction signing and traffic maintenance shall comply with the provisions of Subsection 7-10 of the Standard Specifications and the current requirements set forth in the "Manual of Traffic Controls for Construction and Maintenance Work Zones" published by the Department of Transportation, State of California, these Technical Provisions, and as directed by the Engineer. 1.2 PROTECTION OF WORK AND PUBLIC The Contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the work. The Contractor shall repair all damaged new improvements as a result of vandalism (i.e., vehicle tracks, footprints, writing, etc.). If deemed necessary by the Garvey Park Dog Park - Rosemead 5/27/22 TECHNICAL PROVISIONS - 1 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 107 of 197 City, the Contractor shall repair, at its cost, the defective area in accordance with these Technical Provisions. 1.3 CONSTRUCTION SIGNING Construction signing shall consist of furnishing, installing, maintaining and removing construction signs and barricades as required by the "Manual of Traffic Controls for Construction and Maintenance Work Zones". The traffic control system shall be installed prior to starting work and shall not be removed until all work has been completed. Also, in conjunction to the public relations effort, Contractor shall supply and erect project construction information signs at the designated locations as determined by the City. Such signs shall conform to the City's specifications. Specific verbiage to be determined by the City. There shall be a minimum of four (4) such signs posted. 1.4 TRAFFIC MAINTENANCE The Contractor shall be responsible for handling vehicular and pedestrian traffic in accordance with Subsection 7-10 of the Standard Specifications and these Technical Provisions. The Contractor shall cooperate with the Engineer relative to handling traffic through all work areas and shall make his own arrangements relative to keeping the working area clear of parked vehicles and maintaining clear access to driveways. Contractor's equipment and personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. Overnight parking of construction equipment in the work zone or on adjacent roads is not permitted. Parking of construction equipment shall be confined to the approved storage site. 1.5 STRIPING Temporary striping and marking for traffic control if required shall conform to Section 310-5.6.5 of the Standard Specifications. Temporary striping and marking which has no further use shall be removed by wet sandblasting, and all sand used in sandblasting shall be removed without delay as the sandblasting operation progresses. 1.6 RESTRICTIONS ON CLOSURE OF STREETS AND TRAFFIC LANES The Contractor shall conduct all operations so as to provide reasonable access to the existing park facilities and have no greater length or quantity of work under construction that can be properly constructed with a minimum of inconvenience to the public. PAYMENT Payment for traffic control shall be made at the contract LUMP SUM price bid and shall be considered full payment for furnishing all materials, labor, equipment, and all incidentals necessary to complete the work in accordance with the Standard Specifications and these Technical Provisions. Garvey Park Dog Park - Rosemead 527/22 TECHNICAL PROVISIONS - 2 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 108 of 197 DEMOLITION AND SITE CLEARING BID ITEM 3; Perform demolition work in a pre -planned, systematic, efficient, and orderly manner. Deploy customary and acceptable methods as required to complete the Work indicated on the Plans in accordance with governing regulations. Provide services for effective air and water pollution controls as required by City and County Air Pollution Control District and the Southern California Air Quality Management District. 1.1 DISPOSAL OF DEMOLISHED MATERIALS All removed materials not salvaged or reused shall be removed from the project site no later than the end of each workday and transported legally for disposal at a qualified site. If hazardous materials are encountered, notify the City Inspector immediately. Burning of removed materials is not permitted. 1.2 ADJUSTMENT OF EXISTING SANITARY SEWERAGE, WATER, GAS, ELECTRICAL AND TELECOMMUNICATION SYSTEMS All existing utility facilities, i.e. manholes, vaults, irrigation boxes, valve cans, etc. may or may not have been indicated on the plans. While these items are not expected on this project, the Contractor is nevertheless hereby made aware that such encounter will require the contractor to bear the cost to raise ALL to finished grade at no additional cost to the City. Drawings show existing major underground utilities using the best information available. Verification of existing utilities and the actual locations are the Contractor's responsibility. Any utility inadvertently damaged by the Contractor shall be immediately called to the City's attention for shutoff and then be immediately repaired by the Contractor at its own cost within 4 hours. 1.3 CLEANUP AND REPAIR The Contractor, at the end of each workday, shall dispose of all removed materials from the site. The Contractor also shall protect the site and the new improvements from vandals or other damages at all times until City acceptance. PAYMENT Payment for demolition and site clearing shall be made at the contract LUMP SUM included in the bid price and shall have included all of the costs for labor, equipment, supplies, tools, haulers, permit and disposal dump fees, security personnel, and other items of work to dispose of all unwanted materials and to clear, protect, and maintain the jobsite at no additional cost to the City. Garvey Park Dog Park — Rosemead 5/2]/22 TECHNICAL PROVISIONS - 3 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 109 of 197 EARTHWORK, REMOVAL AND GRADING BID ITEM 4; Earthwork, removal and grading, removal and disposal of unclassified excavation, structural excavation, removal of asphalt concrete pavement, sidewalk, driveways, fences, etc. for proposed improvements shall conform to the applicable portions of Section 300 of the Standard Specifications for Public Works Construction. Such work shall include all the cost of all labor, equipment, tools, supplies, and all other costs required to: • Arrange with DigAlert to mark all potential interfering underground wet and dry utilities within the work limits; • To the extent possible search, identify, and mark other underground utilities that were not identified by DigAlert; • Expose, cut, and cap all existing irrigation lines and components along the excavate limits; • Excavate, remove, and properly dispose of existing interfering soil and landscape materials. Includes over excavation for restroom building; • Remove and dispose of all interfering tree roots and organic matters. Root prune as described on the Landscaping Plan; PAYMENT Payment for this item shall be made at the bid price per LUMP SUM for removal and disposal/export of excavated material and no additional compensation for this item of work shall be made. WATER POLLUTION CONTROL (NOT A BID ITEM) Construction activities will be conducted in a manner to protect channels, storm drains, and bodies of water from pollution. Water pollution control work shall consist of activities necessary to meet the requirements of the City's National Pollutant Discharge Elimination System (NPDES) Area wide Urban Storm Water Runoff Permit, the County's Drainage Area Management Plan (DAMP), The State's General Construction Activities Permit (Order No. 2009-0009-DWQ, NPDES No CAS000002, adopted September 2, 2009 and effective July 1, 2010), and as required by the Engineer. The Contractor shall coordinate water pollution control work with all other work done on the contract. The Contractor shall be required to comply with all requirements of the NPDES Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Two (2) hard copies and one (1) electronic copy of the SWPPP shall be submitted to the City for review and approval. A hard copy of the SWPPP shall be retained on-site at all times as long as the Contractor is responsible for the project site conditions. Implementation of the SWPPP shall not reduce effectiveness of existing storm drain system or interfere with traffic on public streets. The Contractor will implement the SWPPP and make changes both to the SWPPP and in the field as conditions warrant it. The Contractor will be solely responsible to prevent any pollutants from leaving the site. Garvey Park Dog Park - Rosemead 5/27/22 TECHNICAL PROVISIONS - 4 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 110 of 197 The Contractor shall notify the City of Rosemead's Stormwater/Wastewater Compliance Specialist immediately upon request from any regulatory agency to enter, inspect, sample, monitor, or otherwise access the project site or the Contractor's records pertaining to stormwater pollution control work. The Contractor shall provide copies of correspondence, notices of violation, enforcement actions, or fines proposed by regulatory agencies to the City's Stormwater/Wastewater Compliance Specialist. Failure to update, implement and maintain the SWPPP will result in withholding of any progress payment(s) to the Contractor. Re -inspection staff costs due to NPDES non-compliance will be billed to the Contractor in 15 -minute increments if the Contractor fails to maintain the site, water pollution testing data, Contractor inspection forms, and/or reports as detailed in the WPCP and as site conditions warrant. Contractor will also be responsible for any enforcement actions and penalties enacted on the City by the State Water Resources Control Board, Regional Water Quality Control Board, and/or any other agency due to Contractor's non-compliance with applicable water pollution regulations. Progress payments and/or final payments may be withheld to cover enforcement liabilities which include, but are not limited to, maximum financial penalties, legal costs, staff costs, and economic savings from violations and/or costs associated with corrective actions as required by enforcing agency. Contractor shall install erosion and sediment control measures as indicated on Improvement Plans. PAYMENT Payment for water pollution control and complying with NPDES requirements shall be included in various other items of work and shall be full compensation for all items of work and all appurtenant work including installation of all erosion and sediment control measures and furnishing all labor, materials, tools, equipment and incidentals. DUST CONTROL AND BMP BID ITEM 5; Contractor shall be responsible for keeping the construction nuisance dust to a minimum from start of work till completion by keeping wet all materials to be lifted off the ground and/or disposed of off-site through watering, especially during the demolition, excavation, and disposal work stages. Work on windy days is discouraged when watering may not be sufficient as a dust control measure. The installation of construction fencing with silt fabric may be deployed to keep errant dust from migrating away from the work zone. PAYMENT Payment for dust control and BMP shall be made per the contract LUMP SUM bid price and shall have included all the costs for this work for the entire project duration at no additional cost to the City. BID ITEM 6, 7, 8, 9 AND 10; Garvey Puk Dog Park — Rosemead 527/22 TECHNICAL PROVISIONS - 5 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 111 of 197 Work shall be performed in accordance with provisions of Sections 201, 303, and 400 of the Standard Specifications. If not specified, concrete shall be in accordance with provisions of Section 201-1 of the Standard Specifications. Subgrade preparation shall conform to the provisions of Section 301-1 of the Standard Specifications. A relative compaction of 90% is required for subgrade and 95% for aggregate base. Each location shall be inspected prior to placement of the concrete. Remove and replace defective concrete work with new materials. Permission to patch any defective areas shall not be a waiver of the Engineer's right to require complete removal of defective work if patching does not restore quality and appearance of work. No advertising impression, stamp, or mark of any description will be permitted on the surface of any concrete or cement finish. The Contractor shall ensure that the street is swept clean upon vacating the stockpile site. No excavated or removed dirt or concrete shall be stockpiled. The Contractor shall notify the fronting resident/business 24 hours prior to stockpiling as approved. The Contractor shall remove all debris and perform all cleanup work to the satisfaction of the Engineer within 3 working days after forms have been removed at any location. The Contractor shall submit the concrete design mix to the City Engineer for approval. 1.1 COARSE AGGREGATE FOR PORTLAND CEMENT CONCRETE All concrete aggregate shall be per Section 200-1.4 of the Standard Specifications. 1.2 INSPECTIONS The Contractor shall call for inspections during all form work prior to pouring. The Contractor shall notify the Engineer one working day prior to pouring any concrete. Any work covered prior to inspection shall be opened to view by the Contractor at his/her expense. 1.3 CURB Curb shall be constructed in accordance with APWA Standard Plan 102-2, Type A1-6. 1.4 CURB AND GUTTER Curb and gutter shall be constructed in accordance with APWA Standard Plan 102-2, Type A2- 6. 1.5 SIDEWALK Concrete sidewalk shall be constructed in accordance with APWA Standard Plan 113-2. 1.6 CURB RAMP 6 Garvey Park Dog Park — Rosemead 5/27/22 TECHNICAL PROVISIONS - 6 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 112 of 197 Curb ramp shall be constructed in accordance with Caltrans Standard A88A, Case per indicated on Plans. Concrete shall be saw cut along all removal lines. The locations for access ramp are shown on the plans. The Contractor is responsible for inspecting each location prior to submitting a bid. Detectable warning surface for the access ramps shall be cast -in-place or surface mounted tactile tiles by Armor Tile or approved equal. The color shall be yellow at all locations. Detectable warning surface shall be installed in conformance with Caltrans Standard Plan, these Special Provisions, and the manufacturer's recommendations. The finished surface shall be free from blemishes. Submittals A. Product Data: Submit manufacturer's literature describing products, installation procedures and routine maintenance. B. Samples: Submit two tile samples of the kind proposed for use (minimum size 6" by 8"). C. Shop Drawings: For fabrication details; composite structural system; tile placement plans including joints, materials to be used and installation materials and procedure. D. Materials Test Reports: Submit test reports from qualified independent testing laboratory indicating that materials proposed for use are in compliance with requirements and meet the properties indicated. All test reports shall be conducted on a cast -in-place tactile tile system as certified by a qualified independent testing laboratory. E. Maintenance Instructions: Submit copies of manufacturer's specified maintenance practices for each type of tactile tile and accessory as required. The manufacturer shall provide a written five-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound -on -cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the project. 1.7 SLOUGH WALL Concrete block slough wall shall be constructed in accordance with APWA Standard Plan. PAYMENT Payment for curb, and curb and gutter shall be at the contract unit price per LINEAR FOOT in place. Payment shall include full compensation for all labor, material, equipment, tools, and incidentals necessary to complete all work and no additional compensation shall be made. Payment for sidewalk shall be at the contract unit price per SQUARE FOOT measured in place. Payment shall include full compensation for all labor, material, equipment, tools, and incidentals necessary to complete all work including the cost of sawcutting, excavation, removal and disposal of existing materials and no additional compensation shall be made. Garvey Park Dog Park — Rosemead 5/27/22 TECHNICAL PROVISIONS - 7 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 113 of 197 Payment for concrete block wall slough wall shall be at the contract unit price per LINEAR FOOT in place. Payment shall include full compensation for all labor, material, equipment, tools, and incidentals necessary to complete all work and no additional compensation shall be made. Payment for access ramp and installing detectable warning surface shall be at the contract unit price per EACH in place. Payment shall include full compensation for all labor, material, equipment, tools, and incidentals necessary to complete all work and no additional compensation shall be made. Payment for installing 3 -foot wide by 68 -foot long detectable warning surface shall be paid at the contract unit price per EACH in place. Payment shall include full compensation for all labor, material, equipment, tools, and incidentals necessary to complete all work and no additional compensation shall be made. PVC DRAIN PIPE, PERFORATED DRAIN PIPE AND DRAIN INLET BOX BID ITEM 11, 12, 13, 14 AND 15; These items are for the construction of drainage improvements shall conform to Standard Specifications and to the details shown on Improvement Plans. PAYMENT Payment for installation of SDR 35 drain pipe shall include excavation, backfill and backfill compaction and shall be paid at the contract unit price bid per LINEAR FOOT and no additional compensation shall be made and shall include connecting to existing catch basin as shown on plans. Payment for installation of perforated drain pipe in open graded gravel bed per detail on Plans shall include excavation, backfill and backfill compaction and shall be paid at the contract unit price bid per LINEAR FOOT and no additional compensation shall be made. Payment for construction of drain inlets per detail on Plans shall be paid at the contract unit price bid per EACH and no additional compensation shall be made. REMOVE AND CONSTRUCT 6" ASPHALT CONCRETE PAVEMENT BID ITEM 16; Asphalt concrete (AC) shall conform to provisions of Sections 203 (except Section 203-6.4.2), 302-5 and 400 of the Standard Specifications, except where superseded by these and these Special Provisions. Asphalt concrete base course shall be Type III -132 -PG 64-10. Coarse aggregate shall consist of material of which at least 75% by weight shall be crushed particles. Asphalt concrete finish course shall be Type III -C2 -PG 64-10. Asphalt concrete shall consist of minimum 15% RAP but shall not exceed 20% RAP. The Contractor shall submit for Engineer approval the mix design for asphalt concrete covering the specific materials to be used. Performance graded (PG) asphalt binder shall be PG -64-10 and shall conform to Section 92 of the State Standard Specifications, 2010 Edition. Garvey Park Dog Park— Rosemead 5/27/22 TECHNICAL PROVISIONS - 8 Bid Package, Dog Parc at Garvey Park, Project No. 41022 Document Control Page 114 of 197 1.1 REQUIREMENTS Asphalt concrete shall be placed adjacent to the new improvements. The limits of the removal areas will be determined by the Engineer and marked in the field. The asphalt concrete shall be removed and replaced as shown on the Plans Base course asphalt shall be placed on the prepared subgrade by approved spreading devices, which will deposit a uniform layer of materials. Surface course shall be placed in one lift with pre -approved equipment. Any surface irregularities will be corrected in the aforementioned manner as directed. Upon completion, the pavement shall be true to grade. If in the opinion of the Engineer, a satisfactory riding surface cannot be attained on the surface course, the Contractor shall be required to spot dump, grade and roll or heat and plane off asphalt concrete following placement of base course to the satisfaction of the Engineer. Automatic screed control system with minimum 30 feet long ski device shall be used. The ski device shall be a rigid one-piece unit and entire length shall be utilized in activating the sensor. Add to Subsection 302-5.5 of the Standard Specifications, "Distribution and Spreading", the following: Tarpaulin shall be used to cover all loads when directed by the Engineer. In lieu of the Standard Specifications, in place density shall be achieved by utilizing the compaction method as specified in Section 39-3 of the State Standard Specifications, modified as follows: A pass shall be one movement of a roller in either direction. Coverage shall be as many passes as are necessary to cover the entire width being paved. Overlap between passes during any coverage, made to ensure compaction without displacement of material in accordance with good rolling practice, shall be considered to be part of the coverage being made and not part of a subsequent coverage. Each coverage shall be completed before subsequent coverages are started. Rolling shall commence at the lower edge and shall progress toward the highest portion, except that when compacting layers which exceed 0.25 foot in compacted thickness, and if directed by the Engineer, rolling shall commence at the center and shall progress outwards. All other asphalt concrete and asphalt concrete base shall be compacted as follows: Initial or breakdown compaction shall consist of 3 coverages of a layer of asphalt mixture and shall be performed with a 2 -axle or 3 -axle tandem or a 3 -wheel roller weighing not less than 12 tons. Where the thickness of the layer of asphalt mixture is less than 0.15 foot, fewer coverages than specified above may be ordered by the Engineer if necessary to prevent damage to the layer being compacted. The initial or breakdown compaction shall be followed immediately by additional rolling consisting of 3 coverages with a pneumatic -tired roller. Coverages with a pneumatic -tired roller shall start when the temperature of the mixture is as high as practicable, preferably above 180° F., and shall be completed while the temperature of the mixture is at or above 150° F. Garvey Park Dog Park — Rosemead 5/27/22 TECHNICAL PROVISIONS - 9 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 115 of 197 Each layer of asphalt concrete and asphalt concrete base shall be compacted additionally without delay by a final rolling consisting of not less than one coverage with a steel -tired roller weighing not less than 8 tons. Except as otherwise provided for low rates of production, a separate finish roller will be required. Rolling shall be performed so that cracking, shoving, or displacement will be avoided. Rolling, where 3 -axle tandem rollers may be used as specified in Section 39-6.03 of the State Standards and Specifications, shall be under the control of the Engineer, but in general, no 3 - axle tandem roller shall be used in rolling over a crown or on warped sections when the center axle is in the locked position. Provided it is demonstrated to the satisfaction of the Engineer, at the sole risk and expense of the Contractor, that one roller can perform the work, the required minimum rolling equipment specified above may be reduced to one 2 -axle tandem roller weighing at least 8 tons, for each paver, under the following conditions: A. When asphalt concrete is placed at a rate of 50 tons or less per hour at any location. B. When asphalt concrete is placed at a rate of 100 tons or less per hour at the locations or under the conditions as follows: 1. Placed on miscellaneous areas in accordance with the provisions in Section 39, "Miscellaneous Areas", of the State Standard Specifications. 2. When the width to be placed is less than 8 feet. 3. In alleys. When rolling equipment is reduced as provided in this Section 39-6.03 of the Caltrans Standard Specifications, the rolling may be reduced to at least 3 complete coverages with said tandem roller. Alternative compacting equipment, approved by the Engineer in accordance with California Test 113, may be used for the initial breakdown compaction if operated according to the procedures and under the conditions designated in the approval. Except when leveling or when asphalt concrete less than 0.20 feet in compacted thickness is being placed on existing surfacing, additional compaction with pneumatic -tired rollers will not be required when approved alternative equipment has been used for the initial compaction. A vibratory roller may be used as the finish roller provided that it meets the requirements of a finish roller and is operated with the vibratory unit turned off. Upon completion of rolling operations, if ordered by the Engineer, the asphalt concrete or asphalt concrete base shall be cooled by applying water. Applying water shall conform to the provisions in Section 17, "Watering", of the State Standard Specifications. The completed surfacing shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, or irregularities. Any ridges, indentations, or other objectionable marks left in the surface of the asphalt concrete by blading or other equipment shall be eliminated by rolling or other means. The use of any equipment that leaves ridges, indentations, or other objectionable marks in the asphalt concrete shall be discontinued, and acceptable equipment shall be furnished by the Contractor. 10 Garvey Park Dog Park — Rosemead 5/27/22 TECHNICAL PROVISIONS - 10 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 116 of 197 When a straightedge 12 feet long is laid on the finished surface and parallel with the centerline, the surface shall not vary more than 0.01 foot from the lower edge of the straightedge. The transverse slope of the finished surface shall be uniform to a degree such that no depressions greater than 0.02 foot are present when tested with a straightedge 12 feet long laid in a direction transverse to the centerline and extending from edge to edge of a 12 -foot traffic lane. 11 Garvcy Park Dog Park — Rosemead 5/27/22 TECHNICAL PROVISIONS - 11 Bid Package, Dog Park at Garvey Park, Project No. 41022 1.2 ASPHALT EMULSION Document Control Page 117 of 197 The tack coat between overlays or between overlay and existing pavement shall be a SS -1 emulsified asphalt product. Tack coat shall be applied per Section 203-3 of the Standard Specifications and shall be applied at the approximate rate of 0.10 gallons per square yard and shall conform to the provisions of Section 203-3 of the Standard Specifications. A tack coat shall also be applied to all vertical surfaces of existing pavement and curbs and gutters against which additional materials are to be placed. PAYMENT Payment for removal and disposal of existing pavement and placement of asphalt concrete shall be at the contract unit price per TON and shall include full compensation for all labor, material, tools, equipment, and incidentals necessary to complete all work. Final quantities shall be measured in the field and based upon a legible copy of a Weighmaster's certificate showing gross, tare and net weight of each truckload of asphalt concrete mixture. This payment shall also be full compensation for furnishing and placing all liquid asphalt used for tack coat. Payment for liquid asphalt and asphalt emulsion will be included with asphalt concrete and no separate payment shall be made. 2 -INCH WATER SERVICE BID ITEM 17; The Contractor shall construct a 2 -inch water service as shown on the Plans connecting from the existing hose bib located along the easterly property line to the dog rinse station located near the existing parking lot in accordance with Golden State Water Company Standards P25 and P27. Total length of this service is 370 feet. Contractor shall pothole for existing water main for its location. PAYMENT Payment for 2 -inch water service shall be made at the contract unit price per EACH and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work involved, including trenching of service line, backfill, including shut-off of any existing service and all other appurtenances. 1 -INCH WATER SERVICE BID ITEM 18; The Contractor shall construct a 1 -inch water service as shown on the Plans in accordance with Golden State Water Company Standards P25 and P26. Contractor shall pothole for existing water main for its location. PAYMENT 12 Garvey Park Dog Park — Roscmcad 5/27/22 TECHNICAL PROVISIONS - 12 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 118 of 197 Payment for 1 -inch water service shall be made at the contract unit price per EACH and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work involved, including trenching of service line, backfill, including shut-off of any existing service and all other appurtenances. TRAFFIC STRIPING AND SIGNAGE BID ITEM 19: This work shall consist of installing pavement striping, legends, markers and installing signage as shown on the Plans and as directed by the Engineer. All work shall conform to the Section 214 of the Standard Specifications. 1.1 MATERIAL All traffic stripes and pavement markings material shall conform to Section 84 of the Caltrans Standard Specifications and these Special Provisions. All stripes and pavement markings, as shown on the Plans, shall conform to Section 84-2 of the Caltrans Standard Specifications. 1.2 CONSTRUCTION All pavement striping, legends, markers and signing shall conform to the size, dimensions and layouts as designated in the Caltrans Standard Plans and the latest version of the California MUTCD. Pavement legends shall conform to City of Rosemead stencils. Final striping shall begin within 36 hours after final paving is in place and continue uninterrupted until complete. Failure to complete centerline and lane line restriping in a timely manner will result in the work being completed by the City at the Contractor's expense. The Contractor shall "cat track" all striping, marker, crosswalk, arrows, and legend layouts for the approval of the Engineer, prior to placement of any final striping. All crosswalks, legends, stripes and arrows shall be reflective alkyd thermoplastic, 1.5mm to 2.55mm thick. All lines shall be clean and sharp as to dimensions. Ragged ends of segments, fogginess along the sides or objectionable dribbling along the unpainted portions of the stripe shall be painted out with black paint to the satisfaction of the Engineer. The Contractor shall take all reasonable precautions to protect the thermoplastic during drying time and shall be required to paint out all objectionable tracking. No work shall be done when weather conditions restrict visibility to less than one mile or causes the pavement to be damp, or when designated by the Engineer. 1.3 PAINT REMOVALS Paint removals shall be performed by wet sandblasting technique, meeting the latest requirements and restrictions of the State Pollution Control Agency. The Contractor shall be responsible for the immediate removal of sandblasting materials by vacuum or mechanical street sweeping devices. 13 Garvey Park Dog Park — Rosemead 5/27/22 TECHNICAL PROVISIONS - 13 Bid Package, Dog Park at Garvey Park, Project No. 41022 Document Control Page 119 of 197 All striping that is to be removed must be removed by wet sandblasting method. No "Blacking Out" or temporary covering will be allowed. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint shall be done only with prior approval of the Engineer and shall be only a temporary measure, requiring later removal as specified. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue, including dust, shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by vacuum attachment operating concurrently with the blast cleaning operation, or by other methods approved by the Engineer. 1.4 STENCILS The Contractor shall use legend stencils that are provided by the City. The Contractor shall notify the City a minimum of 72 hours in advance of the date the stencils are needed. The Contractor shall return stencils within 48 hours. The Contractor shall pick up stencils at the City's Maintenance Yard. If the City does not have the required stencil, the Contractor shall provide the stencil and construct per State of California Standard Plans, 2010, Edition. PAYMENT Payment for traffic striping and signage as shown on Plans shall be at the contract LUMP SUM bid price and shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all the work involved as specified in these Special Provisions. 14 Garvey Park Dog Park — Rosemead 527/22 TECHNICAL PROVISIONS - 14 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 120 of 197 SECTION 02 75 00 - MISCELLANEOUS CONCRETE PART 1: GENERAL 1.01 DESCRIPTION A. The General Provisions shall apply to all miscellaneous concrete work operations. Provide labor, materials, tools, transportation, equipment and incidentals necessary to perform work as indicated on the Plans and as herein specified. B. Related Sections. Section 031000 - Concrete Formwork C. The Standard Specifications for Public Works Construction "Greenbook", latest edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook", unless otherwise determined by the Engineer. D. Definitions. 1. City: City of Rosemead 2. Engineer: City Engineer, or the City Engineer's designated representative. 3. ASTM: American Society of Testing Materials 1.02 QUALITY ASSURANCE A. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials. B. Manufacturer's directions, specifications and detailed drawings will be followed in all cases where articles used furnish directions covering points not delineated on the Plans or Specifications. C. The work included in this section will be done to the satisfaction of the Engineer. The decision by the Engineer as to the true construction meaning of the Plans and Specifications will be final. D. Material quality standards and testing procedures shall be in accordance with all ASTM standards and testing procedures and shall be the latest requirements. 1. All tests shall be made by a testing laboratory acceptable and approved by the Engineer. SECTION 02 75 00 - MISCELLANEOUS CONCRETE -1 TECHNICAL PROVISIONS - 15 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 121 of 197 2. The cost of sampling and testing concrete required by the Specifications shall be borne by the Contractor. 3. One mechanical analysis and one decantation test shall be made of the sand and coarse aggregate proposed for the work. 4. Concrete specimens shall be taken when directed by the Engineer. At least one pair of specimens shall be taken from each pour of concrete or from each one -hundred cubic yards of concrete or major fraction thereof. One cylinder from each pair shall be tested at seven (7) days. One from each pair shall be tested at twenty-eight (28) days. Concrete for specimens shall be taken from place of deposit. Specimens shall be prepared and tested in accordance with the latest ASTM specifications. S. Additional tests shall be made when and as directed by the Engineer. Cost of additional tests shall be borne by Contractor. 6. Should concrete strengths not attain the minimum specified at twenty-eight (28) days, the area of substandard work shall be examined by the Engineer. The defective concrete shall be removed between expansion joint and replaced or the work shall be strengthened in a manner as directed by the Engineer. 7. The cost of all examination and testing of defective material, as well as corrective measures, shall be borne by the Contractor. E. Reinforcing Steel: All steel, except longitudinal steel, shall be Grade 60 billet steel conforming to ASTM A-615. 1.03 SUBMITTALS: A. Shop Drawings: Submit for concrete slabs showing dimensioned locations and types of construction and expansion joints. B. Samples: Prepare minimum 4 -foot square samples of each required slab finish excluding only monolithic trowel and float finishes. Include a transverse expansion joint, scoring, and edging. PART 2: PRODUCTS 2.01 MATERIALS A. Concrete shall have a minimum compressive strength at 28 days of 4,500 psi. B. Portland Cement shall be Type V, low alkali, and shall conform to ASTM C150. SECTION 02 75 00 - MISCELLANEOUS CONCRETE -2 TECHNICAL PROVISIONS - 16 Bid Package, Dog Park at Garvey Park, Project No. 41022 Document Control Page 122 of 197 C. Concrete aggregate shall conform to ASTM C33. All aggregate shall be well graded and selected from a source that has a proven history of non -reactivity. Maximum aggregate size shall be 3/4 inch. D. Fine aggregate shall consist of washed natural sand having hard, strong and durable particles and which does not contain more than 2% by weight of clay, loam, shale, alkali, organic matter or other deleterious substances. E. Coarse aggregate shall consist of clean, hard, fine grained, sound crushed rock or gravel, which does not contain more than 5% by weight of flat, chip -like, thin, elongated, friable or laminated pieces. Any piece having a major dimension in excess of two and one-half (2 1/2) times the average thickness and which will adversely affect the strength of the concrete shall not be used. F. Water shall be clean and free from deleterious amounts of acids, alkalis, and organic materials. G. Each component of the concrete mix shall be supplied from the same source for the entire project. H. No fly ash 2.02 PROPORTIONS AND MIXING A. The concrete shall be composed of cement, sand and coarse aggregate in the proportions as determined by the testing laboratory. Cost of mix design shall be borne by Contractor. B. Slump: Adjust quantity of water so concrete at time of placing does not exceed the following slumps when tested according to ASTM C143. Use the minimum water necessary for workability required by part of structure being cast. Part of Structure Maximum Slump Inches Maximum Water - Cement Ratio Footings, foundation walls, and mass concrete, not reinforced 4 0.6 Slabs on grade, reinforced and non- reinforced 3 0.45 Reinforced concrete over 8" thick 4 0.5 Reinforced concrete 8" or less thick 4-1/2 0.5 All other concrete 4 0.5 C. The concrete shall be mixed as follows: 1. Each transit mixer shall be equipped with automatic devices for recording the number of revolutions of the drum prior to completing the mixing, with peripheral drum speed of approximately 200 feet per minute. SECTION 02 75 00 - MISCELLANEOUS CONCRETE -3 TECHNICAL PROVISIONS - 17 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 123 of 197 2. Transit -mix concrete shall be mixed for a period of not less than ten (10) minutes. At least three (3) minutes of the mixing period shall be immediately prior to discharging at the job. 3. Transit -mix concrete shall not be delivered to the work with the total specified amount of water incorporated therein. Two (2) gallons of water per cubic yard shall be withheld, and may be incorporated in the mix, before the concrete is discharged from the mixer truck. 2.03 CONCRETE PAVING AND WALLS A. 4" Thick Concrete Flatwork B. Concrete Header (6" Wide) C. Concrete Header (9" Wide) D. Concrete Footings PART 3: EXECUTION 3.01 PLACING CONCRETE A. Before the placing of any concrete, all forms shall be thoroughly cleaned and wet. Concrete shall be poured into forms immediately after it is mixed, so that no separation will occur. No concrete which has stood for more than fifteen (15) minutes after leaving the mixer shall be used. Concrete shall be rejected if not placed in final position within ninety (90) minutes after water is first added to the batch. B. Maximum free drop of concrete shall not be more than T-0". Use tremies in deep sections. C. The location of all stoppages shall be approved by the Engineer. D. The flow surface of the freshly poured concrete shall be level whenever any pour is stopped and tight dams shall be built as necessary to accomplish this result. Construction joints shall be made only when unavoidable, and then only at the point determined by the Engineer. Details of such joints shall be as directed by the Engineer. E. Before the placing of any concrete, the surface of the previously poured concrete shall be wet. F. Install concrete and cement finish work true to lines, dimensions, levels, and finish with smooth unblemished surfaces for exterior finishes specified on Plans. SECTION 02 75 00 - MISCELLANEOUS CONCRETE -4 TECHNICAL PROVISIONS - 18 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 124 of 197 G. Remove and replace defective concrete or cement work with new materials. Permission to patch any defective area shall not be a waiver of the right of the City to require complete removal of defective work if patching does not restore quality and appearance of work. H. No advertising impression, stamp, or mark of any description will be permitted on surface of concrete or cement finish. 3.02 CEMENT FINISH A. Compact and tamp concrete as specified to bring 3/8" of mortar to surface, wood float to straight edges and screeds, and apply following finishes. Do not use steel or plastic floats of any kind for initial floating operations. Unless otherwise specified, do not apply following finishes until surface water disappears and surface is sufficiently hardened. Remove any bleed water and laitance as it appears. B. Finish texture to be a medium broom finish 3.03 EXPANSION AND CONTROL JOINTS A. Expansion joint material shall be as noted on the Plans. B. Locate expansion and control joints to least impair the strength and appearance of the structure. In no case place an intersecting construction joint in such a way that two intersecting walks are separated by a construction or control joint at the point of intersection. Transition curves shall be part of a continuous pour of the intersection slab. Expansion joints shall be a maximum of twenty feet (20') apart, with control joints a maximum of ten feet (10') apart. Exception to this are specialty work joints which will be laid out as shown on the Plans. The Contractor shall obtain the Engineer's approval of layout showing proposed location of joints before pouring concrete. C. Caulking of expansion joints where called for on the Plans shall be done with a non - tracking, multi -part flow type, self -leveling, polyurethane sealant manufactured by Chem -Seat, Grace, 3-H or approved equivalent. 1. Color shall match the color of the concrete. 2. Caulking shall be done by an experienced applicator in a workmanlike manner, in smooth straight runs, after thoroughly cleaning and priming joints. SECTION 02 75 00 - MISCELLANEOUS CONCRETE -5 TECHNICAL PROVISIONS - 19 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 125 of 197 3. All work shall be done in strict accordance with manufacturer's printed recommendations. Do not permit traffic to travel over seated joints until sealer has fully cured. 3.04 QUALITY CONTROL A. Smoothness tolerance exterior cement finish surfaces shall be of such smoothness and evenness that they shall contact the entire length of a 10' straight edge laid in any direction, with an allowable tolerance of 1/8 inch. Any operations necessary to achieve this result shall be performed by the Contractor at no additional cost to the City. B. Inspections will be provided as necessary. Call for inspection two (2) working days prior to need. C. The Contractor shall call for inspection during specific phases of construction. They shall include: 1. All form work prior to pouring. 2. All footings prior to pouring. 3. Subgrade prior to pouring. 4. Drag form approval. D. Contractor shall notify the Engineer twenty-four (24) hours prior to pouring any concrete. E. Any work covered prior to inspection shall be opened to view by the Contractor at his expense. 3.05 TESTING A. Compression tests of concrete shall be made as required by the Building Code except that compression tests of any grade of concrete shall be made whenever the quantity of that grade used in the project exceeds 25 cubic yards. At least two identical cylinders of each grade of concrete shall be taken of each 100 cubic yards of concrete or fraction thereof placed in the work. The cylinders shall be tested in a testing laboratory and test reports submitted to the City. B. Storage of test cylinders on the site and after delivery to the testing shall be in accordance with ASTM Designation C31. 1. Should the strength by test fail, the mix shall be adjusted so that the resulting concrete shall comply with the minimum requirements, and all additional expense resulting from such adjustment shall be borne by the Contractor. SECTION 02 75 00 - MISCELLANEOUS CONCRETE -6 TECHNICAL PROVISIONS - 20 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 126 of 197 2. Should the strength of any grade by test fall below minimum, concrete from the defective pours which is in place may be tested by the core method. If such tests show the concrete to be defective, the concrete shall be removed and replaced or adequately strengthened as required under the governing Code. All expenses involved shall be borne by the Contractor. 3. The cost of sampling and testing concrete required by the Specifications shall be borne by the Contractor. PART 4: PAYMENT 4.01 4" THICK CONCRETE FLATWORK Payment for 4" Thick Concrete Flatwork will be made at the contract unit price per Square Foot (SF) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.02 CONCRETE HEADER (6" WIDE) Payment for Concrete Header (6" Wide) will be made at the contract unit price per Linear Foot (LF) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.03 CONCRETE HEADER (9" WIDE) Payment for Concrete Header (9" Wide) will be made at the contract unit price per Linear Foot (LF) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.04 CONCRETE FOOTINGS Payment for concrete footings will be considered as included in other items of work and no additional payment will be made therefor. END OF SECTION SECTION 02 75 00 - MISCELLANEOUS CONCRETE -7 TECHNICAL PROVISIONS - 21 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 127 of 197 SECTION 02 80 00 - SITE FURNISHINGS AND MISCELLANEOUS MATERIALS PART 1: GENERAL 1.01 DESCRIPTION A. Provide all labor, materials, tools, transportation and incidentals to provide and install Site Furnishings and Miscellaneous Materials as indicated on the Plans and as herein specified. B. Related Sections. Section 027500: Miscellaneous Concrete Section 029000: Landscaping 1.02 QUALITY ASSURANCE A. Shop Drawings: The Contractor shall provide shop drawings for each component and each item of site furniture. Shop drawings shall indicate layouts, component locations, dimensions, set -backs, details of assembly, anchors, footing details and all appurtenances required to assemble components. Three (3) sets of shop drawings shall be submitted to the City within twenty-one (21) calendar days of award of contract. B. Product Data: The Contractor shall provide data on all site furniture, equipment and materials, including accessories, utility characteristics, connection requirements and product cut -sheets. Three (3) sets of product data shall be submitted to the City within twenty-one (21) calendar days of award of contract. C. Manufacturer's Installation Instructions: The Contractor shall provide three (3) sets of the manufacturer's installation instructions to the City within twenty (21) calendar days of award of the contract. D. The Standard Specifications for Public Works Construction "Greenbook", latest edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook", unless otherwise determined by the Engineer. E. Definitions 1. City: City of Rosemead 2. Engineer: City Engineer, or the City Engineer's designated representative. F. All vendors, suppliers, and manufacturer's representatives and the associated addresses, phone and fax numbers on the Plans and in the SECTION 02 80 00 - SITE FURNISHING AND MISCELLANEOUS MATERIALS -1 TECHNICAL PROVISIONS - 22 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 128 of 197 Specifications are listed for convenience only. They are subject to change and their inclusion in no way constitutes an endorsement by the City. 1.03 DELIVERY, STORAGE AND HANDLING A. The Contractor shall have the responsibility of storing and protecting all site furnishings during the duration of his contract. 1.04 RELATED REQUIREMENTS A. The Contractor shall obtain all permits (except permanent easements) and licenses and give notice and pay for all fees necessary to complete work under this section as delineated or specified. B. Manufacturer's directions, specifications and detailed drawings will be followed in all cases where the articles used furnish directions and cover points not delineated on the Plans or in the Specifications. C. The Specifications only indicate the quality and workmanship to be performed rather than a detailed description of the performance of the work. It shall be the responsibility of the Contractor to install said site furnishings, materials and equipment in such a manner that they will operate efficiently and evenly. D. In the event of any discrepancies between the Plans and the Specifications, the final decision as to which will be followed shall be made by the Engineer, or his designated representative. In the event the installation is contradictory to the direction of the Engineer, the installation will be rectified by the Contractor at no additional cost. 1.05 REGULATORY REQUIREMENTS A. The work shall conform to Americans with Disabilities Act (ADA), U.S. Consumer Product Safety Commission. The Contractor shall be responsible for compliance and provide written documentation of compliance to the Engineer upon installation of all equipment and material governed by said regulations. B. All work will conform to the City standards for public construction and any other agency's standards for public construction having jurisdiction over the work. C. The Contractor shall provide certificate(s) of compliance from authority(s) having jurisdiction over the work. The certificate(s) shall indicate approval of products and their installation. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials. 1.06 SAMPLES AND SUBSTITUTIONS SECTION 02 80 00 - SITE FURNISHING AND MISCELLANEOUS MATERIALS -2 TECHNICAL PROVISIONS - 23 Bid Package, Dog Park at Garvey Park, Project No. 41022 Document Control Page 129 of 197 A. All workmanship, equipment, materials, and articles incorporated will be the best available grade of their respective kind. B. Provide a sample of each component specified. Accepted samples may be used in the Work. The Contractor shall submit three (3) sets of a typewritten list of equipment and materials as specified to the Engineer within twenty-one (21) days of award of contract. This list shall give the name, model number, and manufacturer, and shall be accompanied by cut sheets or reproductions of catalog pages for all of the equipment and material to be installed. C. The Contractor may offer any material or process which shall be substantially equal in every respect to that so delineated or specified. If the material, process, or article are not substantially equal to that specified, in the opinion of the City Engineer, then the Contractor shall furnish specified material or process. Such proposals shall be submitted in writing within ten (10) working days prior to the bid opening. D. Approval of substitutions will not relieve the Contractor from complying with the requirements of the Contract Documents, Plans and Specifications. The Contractor shall be responsible at his own expense for all changes caused by approved substitutions which affect other items of work. PART 2: PRODUCTS 2.01 MATERIAL Whenever a material or process is delineated or specified by patent, proprietary name or process, or manufacturer's name, such specifications are used for the purpose of facilitating the description of material or process desired. 2.02 COMPONENTS A. STABLIZED DECOMPOSED GRANITE B. BOULDER 2'X 3' C. BOULDER TX 4' D. BOULDER TX 5' E. BASEBOARD - THIGH F. TABLE G. BENCH H. DRINKING FOUNTAIN I. DOG PLAY EQUIPMENT (INCLUDING EQUIPMENT, FREIGHT, TAX AND INSTALTION) J. DOG WASTE BAG DISPENSER K. TRASH RECEPTACLE L. DOG WASH STATION SECTION 02 80 00 - SITE FURNISHING AND MISCELLANEOUS MATERIALS -3 TECHNICAL PROVISIONS - 24 Bid Package, Dog Park at Garvey Park, Project No: 41022 PART 3: EXECUTION 3.01 EXAMINATION A. Verify site conditions and surfaces are ready to receive work. B. Verify that layout and site are compatible. 3.02 PREPARATION Document Control Page 130 of 197 A. Layout and stake locations of components for approval by Engineer prior to installation. B. Review layout requirements with other affected work. 3.03 INSTALLATION A. Permanently anchor to concrete slab as recommended by manufacturer. 3.04 SITE CONDITIONS Promptly repair damage to facilities caused by construction operations. Cost of repair work shall be done at Contractor's expense. PART 4: PAYMENT 4.01 STABILIZED DECOMPOSED GRANITE Payment for Stabilized Decomposed Granite will be made at the contract unit price per Square Foot (SF) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.02 BOULDER 2'X 3' Payment for Boulder 2'x 3' will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.03 BOULDER TX 4' Payment for Boulder Tx 4' will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.04 BOULDER 3' X 5' SECTION 02 80 00 - SITE FURNISHING AND MISCELLANEOUS MATERIALS -4 TECHNICAL PROVISIONS - 25 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 131 of 197 Payment for Boulder 3'x 5' will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.05 BASEBOARD - 2' HIGH Payment for Baseboard - 2' High will be made at the contract unit price per Linear Foot (LF) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.06 TABLE Payment for Table will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.07 BENCH Payment for Bench will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.08 DRINKING FOUNTAIN Payment for Drinking Fountain will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.09 DOG PLAY EQUIPMENT (INCLUDING EQUIPMENT, FREIGHT, TAX AND INSTALLATION) Payment for Dog Play Equipment (Including Equipment, Freight, Tax, and Installation) will be made at the Lump Sum (LS) contract unit price as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.10 DOG WASTE BAG DISPENSER Payment for Dog Waste Bag Dispenser will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.11 TRASH RECEPTACLE Payment for Trash Receptacle will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.12 DOG WASH STATION SECTION 02 80 00 - SITE FURNISHING AND MISCELLANEOUS MATERIALS -5 TECHNICAL PROVISIONS - 26 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 132 of 197 Payment for Dog Wash Station will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. END OF SECTION SECTION 02 80 00 - SITE FURNISHING AND MISCELLANEOUS MATERIALS -6 TECHNICAL PROVISIONS - 27 Bid Package, Dog Park at Garvey Park, Project No. 41022 SECTION 02 8100 - IRRIGATION PART 1 -GENERAL 1.01 Summary Document Control Page 133 of 197 A. It is the intent of the specifications and drawings that the finished system is complete in every respect and shall be ready for operation satisfactory to the City. B. The work shall include all materials, labor, services, transportation, and equipment necessary to perform the work as indicated on the drawings, in these specifications, and as necessary to complete the contract. C. Related Sections. 1. Section 027500: Miscellaneous Concrete 2. Section 029000: Landscaping D. The Standard Specifications for Public Works Construction, "Greenbook", latest edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook", unless otherwise determined by the City. E. Definitions 1. Owner: City of Rosemead 2. Engineer: City Engineer, or the City Engineer's designated representative. 1.02 Construction Drawings A. Due to the scale of the drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are generally diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. B. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. When an item is shown on the plans but not shown on the specifications or vice versa, it shall be deemed to be as shown on both. The Engineer shall have final authority for clarification. C. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or SECTION 02 8100 - IRRIGATION -1 TECHNICAL PROVISIONS - 28 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 134 of 197 differences should be brought to the attention of the Engineer as soon as detected. In the event this notification is not performed, the Irrigation Contractor shall assume full responsibility for any revision necessary. 1.03 Quality Assurance A. Provide at least one English speaking person who shall be present at all times during execution of this portion of the work and who shall be thoroughly familiar with the type of materials being installed and the manufacturer's recommended methods of installation and who shall direct all work performed under this section. B. Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturer of articles used in this contract furnishes directions covering points not shown in the drawings and specifications. C. All local, municipal, and state laws, rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. D. All materials supplied for this project shall be new and free from any defects. All defective materials shall be replaced immediately at no additional cost to Owner. E. The Contractor shall secure the required licenses and permits including payments of charges and fees, give required notices to public authorities, verify permits secured or arrangements made by others affecting the work of this section. 1.04 Submittals A. Materials List: 1. After award of contract and before any irrigation system materials are delivered to the job site, submit to the Engineer a complete list of all irrigation systems, materials, or processes proposed to be furnished and installed as part of this contract. 2. Show manufacturer's name and catalog number for each item, furnish complete catalog cuts and technical data, furnish the manufacturer's recommendations as to the method of installation. 3. No substitutions will be allowed without prior written acceptance by the Engineer. 4. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. B. Substitutions: TECHNICAL PROVISIONS - 29 SECTION 02 8100 - IRRIGATION -2 Bid Package, Dog Park at Garvey Park, Project No. 41022 Document Control Page 135 of 197 If the Irrigation Contractor wishes to substitute any equipment or materials for equipment or materials listed on the irrigation drawings and specifications, he may do so by providing the following information to the Engineer for approval. 1. Provide a written statement indicating the reason for making the substitution. 2. Provide catalog cut sheets, technical data, and performance information for each substitute item. 3. Provide in writing the difference in installed price if the item is accepted. 1.05 Existing Conditions A. The Contractor shall verify and be familiar with the locations, size and detail of points of connection provided as the source of water and electrical supply, connection to the irrigation system. B. Irrigation design is based on the available static water pressure shown on the drawings. Contractor shall verify static water on the project prior to the start of construction. Should a discrepancy exist, notify the Engineer authorized representative prior to beginning construction. C. Prior to cutting into the soil, the Contractor shall locate all cables, conduits, sewer septic tanks, and other utilities as are commonly encountered underground and he shall take proper precautions not to damage or disturb such improvements. If a conflict exists between the such obstacles and the proposed work, the Contractor shall promptly notify the Engineer who will arrange for relocations. The Contractor will proceed in the same manner if a rock layer or any other such conditions are encountered. D. The Contractor shall protect all existing utilities and features to remain on and adjacent to the project site during construction. Contractor shall repair, at his own cost, all damage resulting from his operations or negligence. E. The Irrigation Contractor shall coordinate with the General Contractor for installation of any required sleeving. 1.06 Inspections A. The Contractor shall permit the Engineer and Water District representatives to visit and inspect at all times any part of the work and shall provide safe access for such visits. B. Where the specifications require work to be tested by the Contractor, it shall not be covered over until accepted by the Engineer. The Contractor shall be solely responsible for notifying the, Engineer, a minimum of 48 hours in advance, where and when the work is ready for testing. Should any work be covered without testing or acceptance, it shall be, if so ordered, uncovered at the Contractor's expense. C. Inspections will be required for the following at a minimum: SECTION 02 8100 - IRRIGATION -3 TECHNICAL PROVISIONS - 30 Bid Package, Dog Park at Garvey Park, Project No: 41022 1. System layout Document Control Page 136 of 197 2. Pressure test irrigation main line (Six hours at 125 PSI) lateral lines (2 hours at 100 psi). 3. Coverage test of irrigation system 4. Final inspection prior to start of maintenance period S. Final acceptance D. Site observations and testing will not commence without the record drawings as prepared by the Irrigation Contractor. Record drawings must be complete and up to date for each site visit. E. Work that fails testing and is not accepted will be re -tested. Hourly rates and expenses of the Engineer for re -inspection or re -testing will be paid by the Irrigation Contractor at no additional expense to City. 1.07 Storage and Handling A. Use all means necessary to protect irrigation system materials before, during, and after installation and to protect the installation work and materials of all other trades. In the event of damage, immediately make all repairs and replacements necessary to the acceptance of the Engineer and at no additional cost to the City. B. Exercise care in handling, loading, unloading, and storing plastic pipe and fittings under cover until ready to install. Transport plastic pipe only on a vehicle with a bed long enough to allow the pipe to lay flat to avoid undue bending and concentrated external load. 1.08 Cleanup and Disposal A. Dispose of waste, trash, and debris in accordance with applicable laws and ordinances and as prescribed by authorities having jurisdiction. Bury no such waste material and debris on the site. Burning of trash and debris will not be permitted. The Contractor shall remove and dispose of rubbish and debris generated by his work and workmen at frequent intervals or when ordered to do so by the Owner's authorized representative. B. At the time of completion the entire site will be cleared of tools, equipment, rubbish and debris which shall be disposed of off-site in a legal disposal area. 1.09 Turnover Items A. Drawings of Record: 1. Record accurately on one set of contract drawings all changes in the work constituting departures from the original contract drawings. SECTION 02 8100 - IRRIGATION -4 TECHNICAL PROVISIONS - 31 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 137 of 197 2. The changes and dimensions shall be recorded in a legible and workmanlike manner to the satisfaction of the City. Prior to final inspection of work, submit record drawings to the Engineer. 3. Dimensions from/to permanent points of reference such as buildings, sidewalks, curbs, etc. shall be shown. Data on record drawings shall be recorded on a day to day basis as the project is being installed. All lettering on drawings shall be minimum 1/8 inch in size. 4. Show locations and depths of the following items: a. Point of connection (including water P.O.C., master control valves, quick couplers, etc.) b. Routing of sprinkler pressure lines (dimensions shown at a maximum of 100 feet along routing) c. Isolation valves d. Automatic remote control valves e. Routing of control wires f. Related equipment (as may be directed) S. Maintain record drawings on site at all times. Upon completion of work, transfer all as - built information and dimensions to reproducible sepia prints. B. Equipment: 1. Supply as a part of this contract the following items: a. One (1) wrench for disassembly and adjustment of each type of sprinkler head used in the irrigation system. b. One (1) 30 -inch sprinkler key for manual operation of control valves. C. One (1) valve box cover key or wrench. 2. The above equipment shall be turned over to the Engineer at the final inspection. 1.10 Completion A. At the time of the pre -maintenance period inspection, the Engineer, and governing agencies will inspect the work, and if not accepted, will prepare a list of items to be completed by the Contractor. At the time of the post -maintenance period or final inspection the work will be re -inspected and final acceptance will be in writing by the Engineer. SECTION 02 8100 - IRRIGATION -S TECHNICAL PROVISIONS - 32 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 138 of 197 B. The City Engineer shall have final authority on all portions of the work. C. The Contractor without any additional expense to the City shall repair any settling of trenches, which may occur during the one-year period following acceptance, to the City's satisfaction. Repairs shall include the complete restoration of all damage to planting, paving or other improvements of any kind as a result of the work. 1.11 Guarantee A. The sprinkler system, completed under this contract, shall be unconditionally guaranteed against all defects and fault of material and workmanship, including settling of backfilled areas below grade, for a period of one (1) year following the filing of the Notice of Completion. B. Should any problem with the irrigation system be discovered within the guarantee period, the Contractor at no additional expense to City shall correct it within ten (10) calendar days of receipt of written notice from City. When the nature of the repairs as determined by the City constitute an emergency (i.e. broken pressure line) the City may proceed to make repairs at the Contractor's expense. Any and all damages to existing improvement resulting either from faulty materials or workmanship, or from the necessary repairs to correct same, shall be repaired to the satisfaction of the City by the Contractor, all at no additional cost to the City. C. Guarantee shall be submitted on Contractors own letterhead as follows: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the sprinkler irrigation system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear and unusual abuse, or neglect excepted. We agree to repair or replace any defective material during the period of one year from date of filing of the Notice of Completion and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the owner. We shall make such repairs or replacements within 10 calendar days following written notification by the owner. In the event of our failure to make such repairs or replacements within the time specified after receipt of written notice from owner, we authorize the owner to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand. PROJECT NAME: PROJECT LOCATION: CONTRACTOR NAME: ADDRESS: TELEPHONE: TECHNICAL PROVISIONS - 33 SECTION 02 8100 - IRRIGATION -6 Bid Package, Dog Park at Garvey Park, Project No: 41022 SIGNED: DATE: PART 2 - MATERIALS 2.01 Summary Document Control Page 139 of 197 Use only new materials of the manufacturer, size and type shown on the drawings and specifications. Materials or equipment installed or furnished that do not meet City standards will be rejected and shall be removed from the site at no expense to the City. 2.02 Pipe A. Pressure supply lines 2 inches in diameter and up to 3 inches in diameter downstream of backflow prevention unit shall be Class 315 solvent weld PVC. Piping shall conform to ASTM D2241. B. Pressure supply lines 4 inches and larger downstream of backflow prevention unit shall be Class 315 bell & ring pipe with ductile iron fittings at all "tees" and "90's". Construct concrete thrust blocks at all "tee" and "90 degree" fittings locations. C. Non -pressure supply lines 3/4 inch in diameter and larger downstream of the remote control valve shall be Schedule 40 solvent weld PVC conforming to ASTM D1785. 2.03 Plastic Pipe and Fittings A. Pipe shall be marked continuously with manufacturer's name, nominal pipe size, schedule or class, PVC type and grade, National Sanitation Foundation approval, Commercial Standards designation, and date of extrusion. B. All plastic pipe shall be extruded of an improved PVC virgin pipe compound in accordance with ASTM D2241 or ASTM D1785. C. All solvent weld PVC fittings shall be standard weight Schedule 40 and shall be injection molded of an improved virgin PVC fitting compound. Slip PVC fittings shall be the "deep socket" bracketed type. Threaded plastic fittings shall be injection molded. All tees and ells shall be side gated. All fittings shall conform to ASTM D2466. D. All threaded nipples shall be standard weight Schedule 80 with molded threads and shall conform to ASTM D1785. E. All solvent cementing of plastic pipe and fittings shall be a two-step process, using primer and solvent cement applied per the manufacturer's recommendations. Cement shall be of a fluid consistency, not gel -like or ropy. Solvent cementing shall be in conformance with ASTM D2564 and ASTM D2855. SECTION 02 8100 - IRRIGATION -7 TECHNICAL PROVISIONS - 34 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 140 of 197 F. When connection is plastic to metal, female adapters shall be hand tightened, plus one turn with a strap wrench. Joint compound shall be non -lead base Teflon paste, tape, or equal. 2.04 Valves Automatic Control Valves: 1. Automatic control valves shall be of the manufacturer, size, and type indicated on the drawings. 2. Automatic control valves shall be electrically operated. 2.05 Valve Boxes A. Valve boxes shall be fabricated from a durable, weather -resistant plastic material resistant to sunlight and chemical action of soils. B. The valve box cover shall be green in color and secured with a hidden latch mechanism or bolts. C. The cover and box shall be capable of sustaining a load of 1,500 pounds. D. Valve box extensions shall be by the same manufacturer as the valve box. E. Automatic control valve boxes shall be rectangular and sized per plan. Valve box covers shall be marked "RCV" with the valve identification number "heat branded" onto the cover in 2 inch high letters / numbers. F. Quick coupler valve boxes shall be circular and sized per plan. Valve box covers shall be marked with "QCV" "heat branded" onto the cover in 2 inch high letters. 2.06 Automatic Controller Utilize existing. 2.07 Electrical A. All electrical equipment shall be NEMA Type 3, waterproofed for exterior installations. B. All electrical work shall conform to local codes and ordinances. 2.08 Low Voltage Control Wiring A. Remote control wire shall be direct -burial AWG -UF type, size as indicated on the drawings, and in no case smaller than 14 gauge. B. Connections shall be either epoxy -sealed packet type or 3M wire connectors. SECTION 02 8100 - IRRIGATION -8 TECHNICAL PROVISIONS - 35 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 141 of 197 C. Ground wires shall be white in color. Control wires shall be red (where two or more controllers are used, the control wires shall be a different color for each controller. These colors shall be noted on the 'Record Drawings" plans located on controller door). 2.09 Irrigation Heads A. Irrigation heads shall be of the manufacturer, size, type, with radius of throw, operating pressure, and discharge rate indicated on the drawings. B. Irrigation heads shall be used as indicated on the drawings. PART 3 - EXECUTION 3.01 Site Conditions A. Inspections: 1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. 2. Verify that irrigation system may be installed in strict accordance with all pertinent codes and regulations, the original design, the referenced standards, and the manufacturer's recommendations. B. Discrepancies: 1. In the event of discrepancy, immediately notify the Engineer. 2. Do not proceed with installation in areas of discrepancy until all discrepancies have been resolved. C. Grades: 1. Before starting work, carefully check all grades to determine that work may safely proceed, keeping within the specified material depths with respect to finish grade. 2. The Engineer shall accept final grades before work on this section will be allowed to begin. D. Field Measurements: 1. Make all necessary measurements in the field to ensure precise fit of items in accordance with the original design. Contractor shall coordinate the installation of all irrigation materials with all other work. SECTION 02 8100 - IRRIGATION -9 TECHNICAL PROVISIONS - 36 Bid Package, Dog Park at Garvey Park, Project No. 41022 Document Control Page 142 of 197 2. All scaled dimensions are approximate. The Contractor shall check and verify all size dimensions prior to proceeding with work under this section. 3. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damages to utilities, which are caused by his operations or neglect E. Diagrammatic Intent: 1. The drawings are essentially diagrammatic. The size and location of equipment and fixtures are drawn to scale where possible. Provide offsets in piping and changes in equipment locations as necessary to conform with structures and to avoid obstructions or conflicts with other work at no additional expense to the City. F. Layout: 1. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads and valves. 2. Layout irrigation system and make minor adjustments required due to differences between site and drawings. Where piping is shown on drawings under paved areas, but running parallel and adjacent to planted areas, install the piping in the planted areas. G. Water Supply: Connections to, or the installation of, the water supply shall be at the locations shown on the drawings. Minor changes caused by actual site conditions shall be made at no additional expense to the City. H. Electrical Service: Connections to the electrical supply shall be at the locations shown on the drawings. Minor changes caused by actual site conditions shall be made at no additional expense to City. 2. Contractor shall make electrical connections to the existing irrigation controller. Electrical power source to controller location is existing. 3.02 Trenching A. Excavations shall be straight with vertical sides, even grade, and support pipe continuously on bottom of trench. Trenching excavation shall follow layout indicated on drawings to the depths below finished grade and as noted. Where lines occur under paved area, these dimensions shall be considered below subgrade. B. Provide minimum cover of 24 inches on pressure supply lines. C. Provide minimum cover of 24 inches for control wires. D. Provide minimum cover of 12 inches for non -pressure lines. SECTION 02 8100 - IRRIGATION -10 TECHNICAL PROVISIONS - 37 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 143 of 197 E. Pipes installed in a common trench shall have a 6 -inch minimum space between pipes. 3.03 Backfilling A. Backfill material on all lines shall be the same as adjacent soil free of debris, litter, and rocks over 1/2 inch in diameter. B. Backfill shall be tamped in 4 -inch layers under the pipe and uniformly on both sides for the full width of the trench and the full length of the pipe. Backfill materials shall be sufficiently damp to permit thorough compaction, free of voids. Backfill shall be compacted to 90% relative compaction and shall conform to adjacent grades. C. Flooding in lieu of tamping is not allowed. D. Under no circumstances shall truck wheels be used to compact backfill. E. Provide sand backfill a minimum of 6 inches over and under all piping under paved areas. 3.04 Piping A. Piping under existing pavement may be installed by jacking, boring, installing sleeves or hydraulic driving. No hydraulic driving is permitted under asphalt pavement. B. Cutting or breaking of existing pavement is not permitted. C. Carefully inspect all pipe and fittings before installation, removing dirt, scale, burrs, and reaming. Install pipe with all markings up for visual inspection and verification. D. Remove all dented and damaged pipe sections. E. All lines shall have a minimum clearance of 6 inches from each other and 12 inches from lines of other trades. F. Parallel lines shall not be installed directly over each other. G. In solvent welding, use only the specified primer and solvent cement and make all joints in strict accordance with the manufacturer's recommended methods including wiping all excess solvent from each weld. Allow solvent welds at least 15 minutes setup time before moving or handling and 24 hours curing time before filling. H. PVC pipe shall be installed in a manner, which will provide for expansion and contraction as recommended by the pipe manufacturer. I. Center load all plastic pipe prior to pressure testing. J. All threaded plastic -to -plastic connections shall be assembled using Teflon tape or Teflon paste. SECTION 02 8100 - IRRIGATION -11 TECHNICAL PROVISIONS - 38 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 144 of 197 K. For plastic -to -metal connections, work the metal connections first. Use a non -hardening pipe dope an all threaded plastic -to -metal connections, except where noted otherwise. All plastic -to -metal connections shall be made with plastic female adapters. 3.05 Controller A. Utilize existing controller B. The irrigation system shall be programmed to operate during the periods of minimal use of the design area. 3.06 Control Wiring A. Low voltage control wiring shall occupy the same trench and shall be installed along the same route as the pressure supply lines whenever possible. B. Where more than one wire is placed in a trench, the wiring shall be taped together in a bundle at intervals of 10 feet. Bundle shall be secured to the mainline with tape at intervals of 20 feet. C. All connections shall be of an approved type and shall occur in a valve box. Provide an 18 inch service loop at each connection. D. An expansion loop of 12 inches shall be provided at each wire connection and/or directional change, and one of 24 inches shall be provided at each remote control valve. E. A continuous run of wire shall be used between a controller and each remote control valve. Under no circumstances shall splices be used without prior approval. 3.07 Valves A. Automatic control valves, and gate valves are to be installed in the approximate locations indicated on the drawings. B. Valve shall be installed in shrub areas whenever possible. C. Install all valves as indicated in the detail drawings. D. Valves to be installed in valve boxes shall be installed one valve per box. 3.08 Valve Boxes A. Valve boxes shall be installed in shrub areas whenever possible. B. Each valve box shall be installed on a foundation of 3/4 inch gravel backfill, 3 cubic feet minimum. Valve boxes shall be installed with their tops 1/2 inch above the surface of surrounding finish grade in lawn areas and 2 inches above finish grade in ground cover areas. SECTION 02 8100 - IRRIGATION -12 TECHNICAL PROVISIONS - 39 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 145 of 197 3.09 Irrigation Heads A. Irrigation heads shall be installed as indicated on the drawings. B. Spacing of heads shall not exceed maximum indicated on the drawings. C. Riser nipples shall be of the same size as the riser opening in the sprinkler body. 3.10 Miscellaneous Equipment Install all assemblies specified herein according to the respective detail drawings or specifications, using best standard practices. 3.11 Flushing the System A. Prior to installation of irrigation heads, the valves shall be opened and a full head of water used to flush out the lines and risers. B. Irrigation heads shall be installed after flushing the system has been completed. 3.12 Adjusting the System A. Contractor shall adjust valves, align heads, and check the coverage of each system prior to coverage test. B. If it is determined by the Engineer that additional adjustments or nozzle changes will be required to provide proper coverage, all necessary changes or adjustments shall be made prior to any planting. C. The entire system shall be operating properly before any planting operations commence. D. Automatic control valves are to be adjusted so that the irrigation heads operate at the pressure recommended by the manufacturer. 3.13 Testing and Observation A. Do not allow or cause any of the work of this section to be covered up or enclosed until it has been observed, tested and accepted by the Engineer. B. The Contractor shall be solely responsible for notifying the Engineer, a minimum of 48 hours in advance, where and when the work is ready for testing. C. When the sprinkler system is completed, the Contractor shall perform a coverage test of each system in its entirety to determine if the water coverage for the planted areas is complete and adequate in the presence of the Engineer. SECTION 02 8100 - IRRIGATION -13 TECHNICAL PROVISIONS - 40 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 146 of 197 D. The Contractor shall furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from the plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate, without bringing this to the attention of the Engineer. This test shall be accepted by the Engineer and accomplished before starting any planting. E. Final inspection will not commence without record drawings as prepared by the Irrigation Contractor. 3.14 Maintenance During the maintenance period the Contractor shall adjust and maintain the irrigation system in a fully operational condition providing complete irrigation coverage to all intended plantings. 3.15 Completion Cleaning Clean-up shall be made as each portion of the work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed, and any damage sustained on the work of others shall be repaired to original conditions. PART 4 -PAYMENT 4.01 IRRIGATION Payment for Irrigation will be made at the Lump Sum (LS) contract unit price as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. END OF SECTION SECTION 02 8100 - IRRIGATION -14 TECHNICAL PROVISIONS - 41 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 147 of 197 SECTION 02 82 00- CHAIN LINK FENCE PART 1: GENERAL 1.01 DESCRIPTION A. The General Provisions shall apply to all Chain Link Fence work. The Contractor shall provide all labor, materials, tools, transportation, equipment and incidentals necessary to perform work as indicated on the Plans and as herein specified. B. Related Sections. 1. Section 027500: Miscellaneous Concrete C. The Standard Specifications for Public Works Construction "Greenbook", latest edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook", unless otherwise determined by the Engineer. D. Definitions. 1. City: City of Rosemead 2. Engineer: City Engineer, or the City Engineer's designated representative. E. All vendors, suppliers, and manufacturer's representatives and the associated addresses, phone and fax numbers on the Plans and in the Specifications are listed for convenience only. They are subject to change and their inclusion in no way constitutes an endorsement by the City. 1.02 QUALITY ASSURANCE A. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials. B. Manufacturer's directions, specifications and detailed drawings shall be followed in all cases where articles used furnish directions covering points not delineated on the Plans or Specifications. C. The work included in this section will be done to the satisfaction of the Engineer. The decision by the Engineer as to the true construction meaning of the Plans and Specifications will be final. D. Perform Work in accordance with ANSI/ASTM F567 and manufacture's specifications. 1.03 REFERENCES A. ANSI/ASTM A123 - Zinc (Hot Dip Galvanized) Coatings on Iron and Steel Products. SECTION 02 82 10 - CHAIN LINK FENCE - 1 TECHNICAL PROVISIONS - 42 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 148 of 197 B. ANSI/ASTM F567 - Installation of Chain Link Fence. C. ASTM A116 - Zinc -Coated (Galvanized) Steel Woven Wire Fence Fabric. D. ASTM A120 - Pipe, Steel, Black and Hot Dipped Zinc Coated (Galvanized) Welded and Seamless, for Ordinary Uses. E. ASTM A153 - Zinc Coating (Hot Dip) on Iron and Steel Hardware, F. ASTM A392 - Zinc -Coated Steel Chain -Link Fence Fabric. G. ASTM C94 - Ready -Mixed Concrete. H. Chain Link Fence Manufacturers Institute (CLFMI) - Product Manual. I. FS RR -17-191 - Fencing, Wire and Post Metal (and Gates, Chain Link Fence Fabric, and Accessories). 1.04 SYSTEM DESCRIPTION A. Construct all chain link fencing items including but not limited to fencing and gates. B. Fence Height: As indicated on the Plans. C. Line Post Spacing: At intervals not exceeding ten (10) feet. 1.05 SUBMITTALS A. Contractor to submit the following samples and product data for galvanized chain link fencing approval by the City prior to ordering of materials. Submit within 21 calendar days of notice to proceed. Contractor to certify that furnished material meets specification requirements. 1. Shop Drawings: Indicate plan layout, spacing of components, post foundation dimensions, hardware anchorage, and schedule of components and structural calculations stamped, and signed by a California registered structural engineer. 2. Product Data: Provide data on fabric, posts, accessories, fittings and hardware. 3. Submit two (2) samples in the required finish specified herein of the following: a. 12" square of fabric. b. 6" length of each type and size of end and line posts. C. 6" length for each size of bottom and top rails. SECTION 02 82 10 - CHAIN LINK FENCE - 2 TECHNICAL PROVISIONS - 43 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 149 of 197 d. Each fitting and accessory. 4. Manufacturer's Installation Instructions: Indicate installation requirements for post foundation, anchor bolt templates, gates, fabric and all appurtenances. 1.06 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the products specified in this Section with a minimum of five (5) years documented experience. B. Installer: Company specializing in installation of chain link fencing with a minimum of five (5) years documented experience. 1.07 FIELD MEASUREMENTS A. Before installation the Contractor shall verify that field measurements are as indicated on the Plans. Any discrepancy shall immediately be brought to the attention of the Engineer. Failure to do so will not relieve the Contractor of responsibility of improper installation. PART 2: PRODUCTS 2.01 General. All materials and fittings shall be new and all ferrous materials shall be coated in accordance with section 210-3 Galvanizing of the "Greenbook". A. Finish: All steel components to be Galvanized. B. The base material for the manufacture of steel pipe used for posts, braces, top rails, and gate frames shall conform to the requirements of ASTM F 1083. Schedule 40, for Class 1 or ASTM A 569 for Class 1A. Class lA steel shall have a minimum yield strength of 345Mpa (50,000 psi). All unit weights shall be subject to the standard mill tolerance of plus or minus 5 percent (see section 206-6.2 Materials for Posts, Rails, and Braces and Table 206-6.2 (A) in the "Greenbook". 2.02 Posts. Posts shall have a total length of not less than the depth of the concrete footing, as specified herein, plus the length required above ground. Where no top rail is required, pipe posts shall be fitted with suitable caps. 2.03 Top Rails. Top rails shall be furnished in random lengths of approximately 6m (20 feet) where required. 2.04 Galvanized Fabric. Chain link fabric shall conform to the requirements of ASTM A 392. The fabric shall be 3.8mm (9 -gage) for all fence. A. All chain link fabric shall be woven into approximately SOmm (2 -inch) mesh and galvanized either prior to or after fabrication, unless otherwise specified. SECTION 02 82 10 - CHAIN LINK FENCE - 3 TECHNICAL PROVISIONS - 44 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 150 of 197 B. Fabric shall have knuckled finish on the top and bottom edges. 2.05 Tension Wires and Fabric Ties. Tension wires shall be at least 4.5mm (7 -gauge) galvanized coil spring steel wire. A. Ties used to fasten the fabric to posts, rails, and gate frames shall be not smaller than 3.1mm (9 -gauge) galvanized steel, 4.9mm (6 -gauge) aluminum wire, or approved noncorrosive metal bands. B. Tension bars used in fastening fabric to end and corner posts and gate frames shall be galvanized high carbon steel bars not smaller than 4.8mm (3/8 inch) by 19mm (3/4 inch). 2.06 Truss or Tension Rods. Truss or tension rods used in trussing gate frames and line posts adjacent to end corner, slope or gate posts shall be adjustable 9.Smm (3/8 -inch) -diameter galvanized steel rod. When used in trussing line posts, adjustment shall be provided by means of galvanized turnbuckles or other suitable tightening devices. 2.07 Fittings. All required fittings and hardware shall be galvanized. A. Couplings to connect the individual lengths of top rail shall be of the outside sleeve type and at least 175mm (7 inches)long. The bore of the sleeves shall be sufficiently true to maintain adjacent lengths of rail in alignment. B. Caps shall be cast steel galvanized sized to post diameter with a set screw retainer. Caps designed to fit securely over the posts, and carry a top rail where specified. 19.13102;►4xK 1110 0] 01 3.01 INSTALLATION A. Procedures. 1. Install framework, fabric, accessories and gates in accordance with ANSI/ASTM F567 and manufacturer's instructions. 2. Set gates and posts plumb, in concrete footings with top of footing 6 inches (150 mm) below finish grade. Slope top of concrete for water runoff. 3. Line Post Footing Depth Below Finish Grade: ANSI/ASTM F567. 4. Corner, Gate and Terminal Post Footing Depth Below Finish Grade: ANSI/ASTM F567. S. Brace each gate and corner post to adjacent line post with horizontal center brace rail and diagonal truss rods. Install brace rail, one bay from end and gate posts. SECTION 02 82 10 - CHAIN LINK FENCE - 4 TECHNICAL PROVISIONS - 45 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 151 of 197 6. Provide top rail through line post tops and splice with 6 inch (150 mm) long rail sleeves. 7. Stretch fabric between terminal posts or at intervals of 100 feet (30 m) maximum, whichever is less. 8. Position bottom of fabric no more than 2 inches (50 mm) above finished grade. 9. Fasten fabric to top rail, line posts, braces, and bottom tension wire with tie wire at maximum 15 inches (380 mm) on centers. 10. Attach fabric to end, corner, and gate posts with tension bars and tension bar clips. 11. Provide concrete center drop to footing depth and drop rod retainers at center of double gate openings. 12. Install fabric toward the park side of fence. B. Top and Bottom Rails 1. Fence shall have top and bottom rails. 2. Top rails shall run continuously through post caps. C. Fabricate all fabric, posts, gates, brackets and accessories prior to delivery to site. Align fence panels and gates between posts and firmly attach per plan details. Ensure fabric, gates, and posts remain plumb. 3.02 INSTALLATION TOLERANCES A. Maximum Variation from Plumb: 1/4 inch (6 mm). B. Maximum Offset from True Position: 1 inch (25 mm). C. Components shall not infringe on adjacent property lines. 3.03 GATE INSTALLATION A. Install gates plumb, level and secure for full opening without interference. B. Attach hardware by means which will prevent unauthorized removal. C. Adjust hardware for smooth operation. 3.04 CLEANING Clean up debris and unused material, and remove from site. SECTION 02 82 10 - CHAIN LINK FENCE - 5 TECHNICAL PROVISIONS - 46 Bid Package, Dag Park at Garvey Park, Project No: 41022 Document Control Page 152 of 197 PART 4: PAYMENT 4.01 CHAIN LINK FENCE - THIGH Payment for Chain Link Fence - S' High including footings will be made at the contract unit price per Linear Foot (LF) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.02 CHAIN LINK FENCE - THIGH W/ BASEBOARD Payment for Chain Link Fence - 5' High w/ Baseboard including footings will be made at the contract unit price per Linear Foot (LF) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.03 CHAIN LINK FENCE - 8' HIGH Payment for Chain Link Fence - 8' High including footings will be made at the contract unit price per Linear Foot (LF) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.04 CHAIN LINK FENCE - 12' HIGH Payment for Chain Link Fence - 12' High including footings will be made at the contract unit price per Linear Foot (LF) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.05 CHAIN LINK DOUBLE GATE - 8' HIGH (12' OPENING) Payment for Chain Link Double Gate - 8' High (12' Opening) including footings will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.06 CHAIN LINK DOUBLE GATE - THIGH (12' OPENING) Payment for Chain Link Double Gate - S' High (12' Opening) including footings will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.07 CHAIN LINK SINGLE GATE - 8' HIGH (4' OPENING) SECTION 02 82 10 - CHAIN LINK FENCE - 6 TECHNICAL PROVISIONS - 47 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 153 of 197 Payment for Chain Link Single Gate - 8' High (4' Opening) including footings will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.08 CHAIN LINK SINGLE GATE - 5' HIGH (4' OPENING) Payment for Chain Link Single Gate - 5' High (4' Opening) including footings will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. END OF SECTION SECTION 02 82 10 - CHAIN LINK FENCE - 7 TECHNICAL PROVISIONS - 48 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 154 of 197 SECTION 02 90 00 - LANDSCAPING PART 1: GENERAL 1.01 DESCRIPTION A. The general requirements apply to all Landscaping work operations. Provide labor, materials, tools, transportation and all incidentals necessary to perform work as indicated on the Plans and as herein specified. B. Related Sections. Section 028100: Irrigation C. The Standard Specifications for Public Works Construction "Greenbook", latest edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook", unless otherwise determined by the City. 1.02 QUALITY ASSURANCE A. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials. B. Manufacturer's directions, specifications and detailed drawings will be followed in all cases where articles used furnish directions covering points not delineated on the Plans or Specifications. C. The work included in this section will be done to the satisfaction of the City and the decision by the City as to the true construction meaning of the Plans and Specifications will be final. D. All drop slips for landscape materials (including plants, fertilizers, pesticides, seed mixes) shall be given to the Engineer. 1IFI8>•:1".111Lite] ul[1LYR711611114-41111 Li[1' A. All soil samples shall be taken in the field by a qualified soil technician from a testing agency registered by the State for agricultural evaluation. B. Take two (2) samples of site soil at a depth of 6 to 12 inches, within proposed planting area, after completion of grading and prior to weed control and soil preparation. Sample areas shall be selected by the Engineer. C. Request two (2) tests for fertility and suitability analysis with written recommendations for soil amendment, fertilizer and chemical conditioners, application rates for soil preparation, planting backfill mix and post -maintenance SECTION 02 90 00 - LANDSCAPING - 1 TECHNICAL PROVISIONS - 49 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 155 of 197 fertilization programs. Soils report recommendations shall take precedence over the amendment and fertilizer application rates specified in this Section. D. Testing laboratory shall be Soil and Plant Laboratory, Inc., 1594 N. Main, Orange, CA 92667 (714) 282-8777 or Wallace Laboratories, 365 Coral Circle, EI Segundo, Ca 90245, Phone (310) 615-0118. Tests shall be paid for by the Contractor. E. Submit testing laboratory's interpretation, recommendations, and comments to Engineer within 7 days after the completion of rough grading. For bidding purposes, the Contractor shall provide the following soil amendments for soil preparation and backfill mix. 1. Soil preparation per 1,000 s.f. of planting area: a. 4 cubic yards Nitrolized Redwood Sawdust b. 200 lbs. Gro Power C. 20 lbs. Soil Sulphur 2. Backfill Mix: a. 6 parts by volume on-site soil b. 4 parts by volume Nitrolized Redwood Sawdust C. 18 lb. Gro Power per cu. yd. of mix d. 2 lbs. Iron Sulphate per cubic yard of mix 1.04 ENVIRONMENTAL REQUIREMENTS A. Do not install landscape materials when ambient temperatures may drop below 45 degrees F (12 degrees C) or above 95 degrees F (39 degrees C). B. Do not install landscape materials when wind velocity exceeds 30 mph (48 k/hr). PART 2: PRODUCTS 2.01 REFERENCES A. ANSI Z60.1 - Nursery Stock. California State Department of Agriculture - Regulations for nursery inspections, rules, and grading. 2.02 TOPSOIL Topsoil if required in planting areas shall be Class A Topsoil. Topsoil shall be as specified in Section 212-1.1.2 of the Standard Specifications for Public Works Construction. SECTION 02 90 00 - LANDSCAPING - 2 TECHNICAL PROVISIONS - 50 Bid Package, Dog Park at Garvey Park, Project No: 41022 2.03 PLANT MATERIAL Document Control Page 156 of 197 A. Trees, shrubs, ground cover and vines shall be grown by an established nursery having been in the business of growing trees, shrubs, ground cover a minimum of five (5) years. At the option of the Engineer, plants shall be inspected and tagged at the nursery prior to shipment to the planting site. 1. Trees: All trees shall be of the specified container size and of the species specified. 2. Shrubs: Shrubs shall be of the specified type and size, selected from high quality, well -shaped nursery stock. B. Plant names indicated or listed in the 'Plant Legend" on the Plans, conform to the approved names given in "An Annotated Checklist of Woody Ornamental Plants in California, Oregon, and Washington, Manual 4091", published by the University of California (1979). Except for names not covered therein, the established custom of the nursery shall be followed. C. Condition of plants shall be in accordance with the California State Department of Agriculture's regulations for nursery inspections, rules, and grading and shall be symmetrical, typical for variety and species, sound, healthy, vigorous, free from plant disease, insect pests, or their eggs, and shall have healthy normal root systems, well filling their containers, but not to the point of being root bound. D. Plants shall not be pruned prior to delivery, except as authorized by the City. In no case shall trees be topped before delivery. E. The size of the plants shall correspond with that normally expected for species and variety of commercially available nursery stock, or as specified on the Plans. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform with the measurements, if any, specified on the Plans. Plants larger in size than specified may be used with the approval of the City, but the use of larger plants will not serve as the basis for a change order. All plant material shall be subject to the inspection and acceptance of the City before planting. A representative number of plants as determined by the City may be inspected for size and condition of root growth, insects, injuries and defects. Plants not accepted are to be removed from the site immediately and replaced with suitable plants. The City reserves the right to reject entire lots of plants represented by defective samples. 2.04 FERTILIZERS, SOIL CONDITIONING MATERIALS AND WATER A. General. SECTION 02 90 00 - LANDSCAPING - 3 TECHNICAL PROVISIONS - 51 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 157 of 197 1. Fertilizing and soil conditioning materials shall comply with the applicable requirements of the State Food and Agricultural Code. All materials shall be packaged first grade, commercial quality products identified as to source, type of material, weight, and manufacturer's guaranteed analysis. Fertilizing and soil conditioning material shall not contain toxic ingredients or fillers in quantities harmful to human life, animals, or plants. 2. Furnish a Certificate of Compliance stating that the material substantially meets the specifications. 3. Exact fertilizing and conditioning materials and the required composition and quantities shall be determined by agronomic soils test. B. Commercial Fertilizer. 1. Commercial fertilizer shall be a palletized or granular product having a chemical analysis as specified on the Plans or in the Specifications. Commercial fertilizer shall be free-flowing material delivered in unopened sacks. Material which becomes caked or otherwise damaged shall not be used. 2. Exact composition and type of fertilizer to be determined by the agronomic soils test and will be supplied by the contractor at no additional cost to the City. C. Nitrogen Stabilized Organic Soil Amendment. Organic soil amendment shall be redwood sawdust free of shavings or particles of other woods such as fir or pine, supplied in bulk and .5% nitrogen stabilized by standard techniques. An acceptable substitute is nitrogen stabilized fir or cedar sawdust ground to 0-1/4" particle size and 1.0% nitrogen stabilized. D. Water. Water shall be clean, fresh and free of substances or matter which could inhibit vigorous growth of plants 2. Water shall be supplied at Contractor's sole expense at no additional cost to City through the end of the maintenance period. 2.05 HERBICIDE A. Non-selective herbicide for weed abatement shall be'SUPPRESS Herbicide EC' or approved equal. B. Pre -emergent herbicide shall provide nine (9) month control.. 2.06 MULCH SECTION 02 90 00 - LANDSCAPING - 4 TECHNICAL PROVISIONS - 52 Bid Package, Dog Park at Garvey Park, Project No: 41022 A. Mulch shall be "Forest Floor" (0-2") Available from or equal to: Aguinaga 7992 Irvine Boulevard Irvine, CA 92618 (949) 786-9558 Document Control Page 158 of 197 B. The mulch shall consist of fibrous, woody bark mixture of varied particle size with the following characteristics: Percent Passing Sieve Size 90-100 25.4 mm (1") 80-100 12.7 mm (1/2") 20-60 6.35 mm (1/4") C. Mulch shall be packaged in bales or bags unless the City approves a bulk source in advance of delivery to the site of the work. The Contractor shall submit one sample of three (3) different mulch materials. D. The Engineer has the right to reject all samples and request additional samples until a suitable mulch material is approved. 2.07 PRE -EMERGENCE WEED CONTROL In areas of woody ornamental plants use Oxadiazon 2G or approved equal. 2.08 SAMPLES A. Samples of products and materials shall be required by the City. Submittals for inspection shall be stored on the site until furnishing of material is complete. B. Delivery of products and materials may begin upon acceptance of samples or as directed by the City. 2.09 PLANT TABLETS A. Plant tablets shall be Scotts Agriform, Growpower or approved equal, 20-10-5 applied at the following rates: Tablet Size 21 Gram 5 Gram Container 1 Gallon 5 Gallon 15 Gallon 24" Box 36" Box and Ground Size and Larger Cover 10" pots Plants Application 1 3 8 20 One Tablet 1 Rates No. I per each SECTION 02 90 00 - LANDSCAPING - 5 TECHNICAL PROVISIONS - 53 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 159 of 197 of Tablets) foot of height PART 3: EXECUTION 3.01 GENERAL Earthwork and topsoil placement shall include the preparation for and the spreading, densification, cultivation, and raking of topsoil, including fertilization and conditioning. 1. Unless otherwise provided, curbs, walks, irrigation systems, and similar improvements required by the Plans or Specifications shall be constructed following rough grading and before landscaping. 2. Planting holes and backfill shall be as herein specified. 3. Preliminary rough grading and related earthwork, prepare areas for landscaping work to within one-tenth foot (0.1') of finish grade, or to subgrade for Class "A" topsoil if required. 3.02 TOPSOIL PREPARATION AND CONDITIONING A. General. Planting areas shall be free of weeds and other extraneous materials to a depth of twelve inches (12"). Soil shall not be worked when it is so wet or so dry as to cause excessive compaction or the forming of hard clods or dust. The existing soil below subgrade for approved fill shall be scarified to a depth of six inches (6") prior to spreading fill material. B. Fertilizing and Conditioning Procedures. The planting area shall be brought to finish grade before spreading the fertilizers or conditioning materials specified. 2. The Contractor, at no additional cost to the City, shall make one (1) additional soils test per acre of all planting areas before and upon completion of excavation, backfilling, and grading to determine compliance with fertilizing and conditioning. The Contractor shall coordinate soil testing with the City. 3. Fertilizing and conditioning materials shall be mechanically spread at a uniform rate. The quantities of materials necessary for the planting area SECTION 02 90 00 - LANDSCAPING - 6 TECHNICAL PROVISIONS - 54 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document control Page 160 of 197 shall be at the site and shall be verified by delivery tickets furnished to the Engineer before spreading. 4. After spreading, the fertilizing and conditioning materials shall be uniformly cultivated into the upper six inches (6") of soil by suitable equipment, rototiller or equal, operated in at least two directions approximately at right angles. The resulting soil shall be a friable condition. S. Fertilizer and soil amendment guidelines under agronomic soils testing shall be used for bidding purposes for planting areas, however, the Contractor shall amend it as necessary per the soils test report at no additional cost to the City. 3.03 WEED ABATEMENT A. The weed abatement program shall proceed upon the completion of the following: 1. Installation of all pressure main line, quick coupler valves, irrigation valves, non -pressure spray laterals and irrigation heads have been completed and accepted. 2. After all existing weeds and growth has been removed from the planting areas. 3. After the controller or a temporary controller has been installed. B. Water all areas four (4) times daily for twenty-one (21) consecutive days and until weed seeds have germinated. Cease watering for three (3) days. Spray a non- selective herbicide (Roundup) to eradicate the germinated weeds. Allow herbicide to kill all weeds. Rake or hoe off all dead weeds to a depth of 1/4 inch below the surface of the soil. If perennial weeds or grasses still exist, re -water four (4) times daily for fourteen (14) consecutive days until new growth appears. Reapply a non- selective herbicide with a dye indicator. Remove weeds after herbicide has had sufficient time to kill. 3.04 FINISH GRADING A. After fertilizing and conditioning, the soil shall be watered and allowed to settle to provide a stable surface, not overly densified to the extent that it will prevent aeration and water infiltration. After the soil has dried out to a workable condition, the planting areas shall be regraded, raked, and smoothed to the required grades and contours. Finish surfaces shall be clean and suitable for planting. B. The finish grade shall be smooth, uniform, and free of abrupt grade changes and depressions to ensure surface drainage. SECTION 02 90 00 - LANDSCAPING - 7 TECHNICAL PROVISIONS - 55 Bid Package, Dog Park at Garvey Park, Project No 41022 Document Control Page 161 of 197 C. The finish grade below adjacent paving, curbs, or headers shall be one inch (1") in lawn areas and two inches (2") in shrub or ground cover areas. 3.05 PLANTING GENERAL A. All sprinkler/irrigation work shall be inspected and accepted by the City, prior to start of any work of this subsection. B. Location of utility, structures and lines. 1. Prior to excavation for planting or placing of stakes, locate all utilities, electric cables, conduits, irrigation lines, heads, valves and valve control wires, and all utility lines so that proper precautions may be taken not to damage such improvements. 2. In the event of a conflict between utilities and plant locations, promptly notify the Engineer who will arrange for one or the other to be relocated. If contractor fails to follow this procedure it shall repair all damages resulting from the work at contractor's sole expense. C. All plants will be inspected by the Engineer prior to planting, including plants previously approved at the nursery. The Contractor shall be responsible for the condition of all plants, planted or otherwise, until acceptance. D. Quantities. 1. Plant materials shall be furnished in the quantities and/or spacing as shown or noted for each location, and shall be of the species, kinds, sizes, etc., as symbolized, and/or described in the Plant Legend, as indicated on the Plans. Verify all sizes and quantities on the Plans. Promptly report any discrepancy to the Engineer. E. Substitution. 1. Any plant material or any development materials specified by trade name or equal, shall be according to these Plans and Specifications. 2. Installation and use of substitute items shall not be made until the Contractor is in receipt of written approval from the Engineer. Substitution proposals for plant material must be accompanied by written proof of non- availability within a five hundred mile radius of the project site for material originally specified and proof that material was ordered in a timely manner upon award of contract. F. Protection and Storage. SECTION 02 90 00 - LANDSCAPING - 8 TECHNICAL PROVISIONS - 56 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 162 of 197 Regularly water all nursery stock in containers and place them in a cool area protected from sun and drying winds. 2. Do not allow plants to dry out before or while being planted. Keep exposed roots moist by means of wet sawdust, peat moss or burlap at all times during planting operations. Do not expose roots to the air except while being placed in the ground. Wilted or diseased plants, whether in place or not, will not be accepted and shall be replaced at the Contractor's sole expense. G. Moisten prepared surface immediately prior to installing plant material. H. Install plant material immediately after delivery to site, within 24 hours after harvesting to prevent deterioration. 1. Water landscaped areas immediately after installation. J. Layout and Plant Location. Planting areas, borders and boundaries, will be surveyed and staked by the Contractor and approved by the Engineer. Detailed layout within the planting areas shall be performed by the Contractor and approved by the Engineer prior to planting. 3. Locate first row of plants in areas designated for center to center spacing of plants shall be located at one-half of designated spacing from the edge of the area. 3.06 TREE AND SHRUB PLANTING A. Planting Holes. Planting holes shall be approximately square for container grown plants. The holes shall be twice the width of the plant container or ball, unless otherwise shown on the Plans. The holes shall be one -and -half times the depth of the root ball, or as shown on the Plans. The hole shall be larger, if necessary, to permit handling and planting without injury or breakage of the root ball or root system. Any plant having a broken or cracked root ball before or during planting shall not be planted. B. Underground Obstructions. In the event that underground construction work or obstructions are encountered in the planting operation, alternate locations for plant material will be selected by the City. Operation shall be done at no extra cost to the City. C. Planting Procedures. 1. The following material shall be thoroughly blended and used as a backfill mix. SECTION 02 90 00 - LANDSCAPING - 9 TECHNICAL PROVISIONS - 57 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 163 of 197 6 parts by volume on-site soil 4 parts by volume Nitrogen Stabilized Organic Amendment 1 lbs. 16-20-0 per cubic yard of mix 2 lbs. Iron Sulfate per cubic yard of mix The actual material and amounts, as determined by the agronomic soils test, shall be supplied by the Contractor at no additional cost to the City. No mixing for individual planting holes is permitted. Mix planting soil prior to backfilling and stockpile at the site. Iron sulfate shall not contact cement surfaces because severe staining could occur; repair or replace stained cement at Contractor's sole cost. 2. Remove all plants from their containers and set so that, when settled, they bear the same relation to the required grade as they bore to the natural grade before being transplanted. Plant each plant in the center of the pit and backfill with prepared soil. Compact the backfill mix around the ball or roots. Do not use soil in muddy condition for backfilling. Do not fill around trunks or stems. Cut off all broken or frayed roots. 3. Thoroughly water each plant when the hole is one-half filled. 4. After watering, backfill the remainder of the hole and tamp the soil in place until the surface of the backfill is level with the surrounding area and the crown of the plant is at the finished grade of the surrounding area. S. After backfilling, a basin shall be constructed around each plant. Each basin shall be of a depth sufficient to hold at least six inches (6") of water. Basins shall be the same size as the container size of each individual plant. The basins shall be constructed of amended backfill material. 6. Set the plant tablets to be used with each plant on the top of the root ball so the required number of tablets to be used in each hole can be easily verified. Bury tablets upon approval by the Engineer. 7. Immediately after planting, apply water to each tree and shrub by means of a hose. Apply water in a moderate stream in the planting hole until the material about the roots is completely saturated from the bottom of the hole to the top of the ground. 8. Apply water in sufficient quantities and as often as seasonal conditions require to keep the planted areas moist at all times, well below the root system of grass and plants. 9. Basins around shrubs and trees in slopes shall be permanently maintained. In turf areas, basins shall be maintained thirty (30) days following tree SECTION 02 90 00 - LANDSCAPING - 10 TECHNICAL PROVISIONS - 58 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 164 of 197 planting. They shall be removed at that time, unless otherwise directed by the Engineer. D. Pruning. Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but never to exceed one-third of the branching structure. Upon approval of the Engineer, pruning may be done before delivery of plants, but not before plants have been inspected and approved. Staking. All trees shall be staked per the planting details on the Plans. Staking shall be done immediately after planting. 3.07 GROUND COVER PLANTING A. Soil preparation and fine grading shall be completed prior to ground cover planting. B. Ground cover shall be planted in moist soil and spaced as indicated on the Plans. C. Each plant shall be planted with its proportionate amount of flat soil to minimize root disturbance. Soil moisture shall be such that the soil does not crumble when removing plants. D. Following planting, ground cover areas shall be regraded to restore smooth finish grade and to ensure proper surface drainage. Mulch shall be spread over the planted areas. Watering shall begin immediately following mulching. E. When necessary to prevent plant damage from pedestrian traffic during the initial growing stage, erect temporary protective fencing to be removed at the end of the maintenance period. 3.08 MULCHING Mulch trees, shrubs and ground cover areas after planting with three inches (2") of mulch. 3.09 MAINTENANCE AND PLANT ESTABLISHMENT A. Maintenance period will be a minimum of ninety (90) days after "Date of Acceptance of Installation" of all planting areas. Request in writing from the Engineer notification of the date of the start of the maintenance period. At the acceptance of all planting areas, request in writing from the Engineer notification of the date of the completion of the maintenance period. The maintenance period shall not officially begin or end without written notification from the Engineer. B. Construction fencing shall remain until after the maintenance period is complete or as directed by the Engineer. C. Maintain all planted areas on a continuous basis as they are completed during the progress of the work and during the establishment and maintenance period, and SECTION 02 90 00 - LANDSCAPING - 11 TECHNICAL PROVISIONS - 59 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 165 of 197 shall continue to maintain them until final acceptance in accordance with the following. 1. Water, weed, fertilize, mow, edge, prune, spray and apply topdressing as necessary to promote a healthy growing condition. All planted areas shall be kept free of debris and shall be weeded and cultivated at intervals not to exceed ten (10) days. Keep project neat and attractive throughout the maintenance period. 2. Apply herbicides for weed control, as needed or directed by City, in accordance with manufacturer's instructions and applicable laws and regulations. Pre -emergent herbicide shall be required in all planter, shrub and ground cover areas. Remedy damage resulting from the use of herbicides. 3. Exterminate rodents and insects as required and in accordance with applicable laws and regulations. Remedy damage from use of insecticides. 4. Adjust the irrigation system to sufficiently saturate root zone without rotting trees, shrubs, and ground cover. S. Repair or replace any damaged item caused by vehicles, vandals, bicycles, or foot traffic during the maintenance period. 6. All planted areas, unless otherwise specified will receive the following fertilization program: Fertilize with "Gro -Power Plus" at 30 lbs./1,000 s.f. every thirty (30) calendar days (twice during the maintenance period), or as indicated by the agronomic soils test. Apply "Gro -Power Controlled Release Nitrogen" five (5) calendar days before the end of the maintenance period, or as indicated by the agronomic soils test. The Contractor shall adhere to fertilization requirements of the soils tests at no additional cost. D. Maintenance period shall be extended if plant material is not in a healthy growing condition. When all maintenance work has been completed to the satisfaction of the Engineer, the Engineer will issue to the Contractor a written notice of completion of maintenance. 3.10 INSPECTION A. All inspections herein specified shall be made by the City. Request inspection at least forty-eight (48) hours in advance of the time the inspection is required. Requested inspections, subsequently canceled without twenty-four (24) hours notice, will be billed to the Contractor. B. Inspection is required for, and not necessarily limited to, the following parts of the work. 1. At completion of the incorporation of soil amendments and fine grading. SECTION 02 90 00 - LANDSCAPING - 12 TECHNICAL PROVISIONS - 60 Bid Package, Dog Park at Garvey Park, Project No. 41022 Prior to digging plant pits for trees and shrubs. During backfilling of plant pits with amended backfill. 4. Final inspection at the end of the maintenance period. 4.03 SOIL PREPARATION AND FINE GRADING Document Control Page 166 of 197 Payment for Soil Preparation and Fine Grading will be made at the contract unit price per Square Foot (SF) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.04 WEED ABATEMENT Payment for Weed Abatement will be made at the contract unit price per Square Foot (SF) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.05 TREE - 24" BOX Payment for Tree 24" Box will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.05 TREE - 36" BOX Payment for Tree 36" Box will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.05 SHRUB - 15 GALLON Payment for Shrub - 15 Gallon will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.05 SHRUB - 5 GALLON Payment for Shrub - 5 Gallon will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. 4.06 MULCH (3" DEPTH) SECTION 02 90 00 - LANDSCAPING - 13 TECHNICAL PROVISIONS - 61 Bid Package, Dog Park at Garvey Park, Project No 41022 Document Control Page 167 of 197 Payment for Mulch (3" Depth) will be made at the contract unit price per Cubic Yard (CY) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved 4.07 PRE -EMERGENCE WEED CONTROL Pre -Emergence weed control will be considered as included in other items of work and no additional payment will be made therefor. 4.08 90 DAY MAINTENANCE PERIOD Payment for 90 Day Maintenance Period will be made at the Lump Sum (LS) contract unit price per as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved END OF SECTION SECTION 02 90 00 - LANDSCAPING -14 TECHNICAL PROVISIONS - 62 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 168 of 197 SECTION 03 10 00 - CONCRETE FORMWORK PART 1: GENERAL 1.01 DESCRIPTION A. The General Provisions shall apply to all Concrete Formwork operations. Provide all labor, materials, tools, transportation, equipment and incidentals necessary to perform work as indicated on the Plans and as herein specified. B. Related Sections, Section 027500: Miscellaneous Concrete C. The Standard Specifications for Public Works Construction "Greenbook", latest edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook", unless otherwise determined by the Engineer. D. Definitions. 1. City: City of Rosemead 2. Engineer: City Engineer, or the City Engineer's designated representative. 1.02 QUALITY ASSURANCE A. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials. B. Manufacturer's directions, specifications and detailed drawings will be followed in all cases where articles used furnish directions covering points not delineated on the Plans or Specifications. C. The work included in this section will be done to the satisfaction of the Engineer. The decision by the Engineer as to the true construction meaning of the Plans and Specifications will be final. PART 2: PRODUCTS 2.01 MATERIALS A. Where finish concrete is below grade or scheduled to be imprinted, plywood or sawed lumber formwork shall be constructed of substantial material as selected by the Contractor. SECTION 03 10 00 - CONCRETE FORMWORK -1 TECHNICAL PROVISIONS - 63 Bid Package, Dog Park at Garvey Park, Project No'. 41022 Document Control Page 169 of 197 B. Where finished concrete is above grade and scheduled to be exposed, use Plyform Class 1 and II B -B, EXT-DFPA. C. Form coating shall be a non -grain -raising and non -staining type that will not leave residual matter on the surface of the concrete or adversely affect bonding to concrete of paint, plaster, or other applied materials. SECTION 03 10 00 - CONCRETE FORMWORK -2 TECHNICAL PROVISIONS - 64 Bid Package, Dog Park at Garvey Park, Project No: 41022 PART 3: EXECUTION 3.01 INSTALLATION Document Control Page 170 of 197 A. All concrete above grade shall be cast -in -plywood or sawed lumber forms. B. Concrete below grade may be poured directly against earth in open trenches C. All forms shall be constructed true to line and level, sufficiently tight to prevent leakage of mortar, and shall conform exactly to the dimensions of the finished concrete as shown on the drawings. Forms for curved surfaces shall be so constructed and placed that the finished surface shall not deviate from the arc of the curve; flat spots will not be accepted. D. Where studs in formwork are spaced not over 12" o.c., S/8" minimum plywood shall be used. Where studs are spaced not over 16" o.c., 3/4 minimum plywood shall be used. E. Place long dimension of plywood sheets perpendicular to direction of studs. F. Forms and metal reinforcement shall be checked and approved by the Engineer before concrete is placed. 3.02 REMOVAL OF FORMS A. Do not disturb or remove forms until the concrete has developed sufficient strength to safely sustain its own weight and the superimposed loads above. After concrete is placed, the following minimum time periods shall elapse before the removal of forms. ITEM I FORMS SHORING Sides of walls and edge of slabs and footings 1 3 days S days 11 PART 4: PAYMENT 4.01 CONCRETE FORMWORK Payment for concrete formwork will be considered as included on other items of work and no additional compensation will be made therefor. END OF SECTION SECTION 03 10 00 - CONCRETE FORMWORK -3 TECHNICAL PROVISIONS - 65 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 171 of 197 City of Rosemead Dog Park Rosemead CA SECTION 13 3123 PRE-ENGINEERED FABRIC SHADE STRUCTURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. A single, State of California -licensed fabric shade structure contractor shall be responsible for the design, engineering drawings, fabrication, supply, and erection of the work specified herein, including foundations. The intent of this specification is to have only one shade contractor be responsible for all of the functions listed above. 1.3 SUBMITTALS 1.3.1 With Bid Submittals: A. Provide proof of existing reference sites with structures of similar project scope and scale, and that are engineered to and approved to CBC 2019 specifications. B. Provide a minimum of 7 fabric samples to demonstrate fabric color range, and a digital (PDF) or paper document showing a minimum of 9 powder coat color choices. Also, provide a letter of authorization from the fabric manufacturer delineating authorized use of the specified fabric. C. Provide proof of all quality assurance items, including. 1. A list of at least 3 reference projects of similar scope in California that have been installed a minimum of 12 years and include at least one of similar size and complexity. 2. Proof of General Liability, Professional Liability, and Umbrella insurance, as per Section 1.4B. 3. Proof of current State of California Contractor's License, Class A or Class B. 4. Proof of current City of Los Angeles Approved Fabricator license. 5. Proof of a minimum of $6,000,000 aggregate bonding capacity. 6. Proof of current IAS certification, as per Section 1.41). 7. Proof of an Annual Maintenance Inspection Program. 8. Proof of a Corporate Safety and/or Injury & Illness Prevention Program. 1.4 QUALITY ASSURANCE Fabrication and erection are limited to firms with proven experience in the design, fabrication, and erection of fabric shade structures, and such firms shall meet the following minimum requirements. No substitutions shall be allowed for the following: TECHNICAL PROVISIONS - 66 Bid Package, Dog Park at Garvey Park, Project No: 41022 City of Rosemead Dog Park Rosemead CA Document Control Page 172 of 197 A. A single shade structure contractor shall design, engineer, manufacture, and erect the fabric shade structures, including the foundations, and shall provide a dedicated Project Manager throughout the entire Scope of Work related to the shade structure(s). The award shall be in whole and not in part. B. All bidders shall have at least 15 years' experience in the design, engineering, manufacture, and erection of fabric shade structures, engineered to California Building Code requirements with similar scope, and a successful construction record of in-service performance. Bidders are required to provide examples of multiple installations of a variety of fabric shade structure models that include at least one of similar size and design that have been installed for at least 12 years. C. All bidders shall provide proof with bid submittal of a minimum of $1,000,000 General/Public Liability insurance, $3,000,000 Professional Liability (PL) insurance, and additional $5,000,000 Umbrella/Excess Liability insurance. D. All bidders shall be a currently licensed contractor in the State of California and shall provide proof of a minimum aggregate bonding capacity of $6,000,000 with bid. E. Manufacturer shall have a City of Los Angeles Approved Fabricator license and be accredited by the IAS (International Accreditation Service) for Structural Steel Fabrication under CBC 2019, Section 1704.2.5.2. F. The fabric shade structure contractor shall have a Corporate Quality Control program (manual), which describes their complete quality assurance program. 1.5 PROJECT CONDITIONS A. Field Measurements: Verify layout information for fabric shade structure(s) shown on the drawings in relation to the property survey and existing structures and verify locations by field measurements prior to erection of the fabric shade structure(s). 1.6 WARRANTY A. The successful bidder shall provide a 12 -month warranty on all labor and materials. B. A supplemental warranty from the manufacturer shall be provided for a period of 10 years (pro -rated) on fabric and 10 years on the structural integrity of the steel, from date of substantial completion. C. The warranty shall not deprive the Owner of other rights the Owner may have under the provisions of the Contract Documents and will be in addition to and run concurrent with other warranties made by the Contractor under requirements of the Contract Documents. PART 2 - PRODUCTS 2.1 GENERAL A. The structures shall be manufactured by Shade Structures, Inc., d/b/a USA SHADE & Fabric Structures or approved equal. USA Shade Model # PL 23649 TECHNICAL PROVISIONS - 67 Bid Package, Dog Park at Garvey Park, Project No 41022 Document Control Page 173 of 197 City of Rosemead Dog Park Rosemead CA B. Contact: USA SHADE & Fabric Structures 1085 N. Main Street, Suite C Orange, CA 92867 Contact: Andy Stack Phone: 949-403-0030 Email: andy.stack@usa-shade.com C. To qualify as an approved equal, please submit product documentation, fabric samples, and all quality assurance criteria, as per Section 1.4, at least 10 days prior to bid in order to be considered. No substitutions will be allowed after the deadline. Any approval of alternate manufacturers shall be by addendum prior to the bid date and shall not be allowed without written notification. D. The fabric shade structure(s) shall conform to the current adopted version of the California Building Code 2019. E. All fabric shade structures are designed and engineered to meet the minimum of 115mph Wind Load, Risk Category 11, Exposure C, and Seismic (earthquake) Load based on Seismic Design Category D, Seismic Risk Category 11, and a Live Load of 5psf. All fabric shade structures shall be engineered with a zero wind pass-through factor on the fabric. H. Steel: 1. Fabrication of the steel structures shall be performed by Shade Structures or an authorized licensee. Material testing (or mill certificates) and inspection of welding shall be conducted per CBC 2019 sections 1704A, 1705A, 1705A.2, and Table 1705A.2.1. 2. All galvanized steel tube products manufactured by Allied Tube & Conduit for this structure shall be, and conform to ASTM A500-16, in its' entirety. Round tube 42,000 psi yield stress minimum / 48,000 psi tensile stress minimum 3. All structural shapes shall be cold formed HSS ASTM A500 Grade B, unless otherwise noted. Typical mechanical properties achieved for HSS products: Square and rectangular 46,000 psi yield stress / 58,000 psi tensile stress Round pipe 42,000 psi yield stress / 58,000 psi tensile stress 4. All plates products shall comply with ASTM A572 Grade 50. 1. Bolts: 1. All stainless steel bolts shall comply with ASTM F-593, Yield Strength= 65 ksi, Tensile Strength=100 ksi minimum, Alloy Group 1, Condition CW1. All nuts shall comply with ASTM F-594 Alloy Group 1, Condition CW1. Referring to RCSC, ASTM T-593 is not considered as high strength bolts. 2. All high strength bolts shall comply with ASTM F3125 Grade A325 N (galvanized). All nuts shall comply with ASTM A563DF, and washers shall comply with ASTM F436. TECHNICAL PROVISIONS - 68 Bid Package, Dog Park at Garvey Park, Project No: 41022 City of Rosemead Dog Park Rosemead CA Document Control Page 174 of 197 3. Cold -formed steel members shall be 55% aluminum zinc alloy coated per ASTM A792/A792M standard in accordance to AISI 5200 Table A4-1, CP 90 coating designation. All exposed steel fasteners shall be stainless steel (type 304 minimum), hot dip galvanized (ASTM A153, Class D minimum or ASTM F2329), or protected with corrosion preventive coating that demonstrated no more than 2% of red rust in minimum 1,000 hours of exposure in salt spray test per ASTM B117. Zinc -plated fasteners do not comply with this requirement. J. Welding: 1. All welding to conform with American Welding Society standards and shall be inspected by an AWS/CWI Inspector. AWS D1.1 for hot rolled. AWE D1.3 for sheet/cold formed. AWS D1.8 Seismic Supplement. 2. Shop connections shall be welded unless noted otherwise. Field connections shall be as indicated on the drawings (if required). All fillet welds shall be a minimum of 3/16" ER70SX electrodes unless otherwise noted. Either SMAW or GMAW is acceptable. K. Powder Coating: 1. All structural steel shall be powder coated with one shop coat (2.5 mils min.) of zinc -rich primer, undercoat, and finish coat, or equivalent paint system. This coat is a weather resistant powder coating based on polyester TGIC (manufactured by Sherwin Williams, Asko Nobel, PPG or Tiger Drylac). To achieve optimum adhesion, it is recommended that the proper treatment and drying take place before coating. Polyester powder (TGIC) specifications shall be as follows: pencil hardness (ASTM D-3363). - humidity (ASTM D-2247). solvent resistance (PCI method) - 50 dbl rubs sl. Softness. L. Tension Cable: For fabric attachment use 3/8" 7x19 galv. Cable per ASTM A1023A, ASTM 1023M-02, with a breaking strength value of 14,400 lbs. Cable shall be tensioned to 250 lbs minimum. 2. Cables shall be fed through the fabric sleeves around the perimeter of the canopy and tensioned until the fabric panels (designed purposely undersized) reach a taut appearance. Any long term cable sag shall be minimized during the maintenance re- fighting visits as required. M. Fabric Roof Systems: 1. UV Shade Fabric: a. Colourshade® FR UV shade fabric is made of a UV -stabilized, high-density polyethylene (HDPE), as manufactured by Multiknitg (Pty) Ltd. HDPE mesh shall be a heat-stentered, three bar Rachel -knitted, lockstitch fabric with one monofilament and two tape yarns to ensure that the material will not unravel if cut. Raw fabric rolls shall be 9.8425 feet wide. b. Fabric Properties: — Life Expectancy: minimum 8 years with continuous exposure to the sun — Fading: minimum fading after 5 years (3 years for Red) TECHNICAL PROVISIONS - 69 Bid Package, Dog Park at Garvey Park, Project No: 41022 City of Rosemead Dog Park Rosemead CA — Fabric Mass: — Fabric Width: Roll Length: Roll Dimensions: — Roll Weight — Minimum Temp: Maximum Temp: Document Control Page 175 of 197 5.31 oz/yd' — 5.6 oz/yd' (180gsm — 190gsm) 9.8425 feet (3m) 164.04 feet (50m) 62.99 inches x 16.5354 inches (160cm x 42cm) +/-66lbs (+/-30kg) -13°F (-25°C) +176°F (80°C) c. Fabric shall meet the following flame spread and fire propagation tests: 1) ASTM E-84 2) NFPA 701 Test Method 2 2. California's Office of the State Fire Marshal, Registered Flame Resistant Product 3. Stitching & Thread: a. All sewing seams are to be double -stitched. b. The thread shall be GORE® TENARA® mildew -resistant sewing thread, manufactured from 100% expanded PTFE (Teflon'). Thread shall meet or exceed the following: 1) Flexible temperature range 2) Very low shrinkage factor 3) Extremely high strength, durable in outdoor climates 4) Resists flex and abrasion of fabric 5) Unaffected by cleaning agents, acid rain, mildew, salt water, and is unaffected by most industrial pollutants 6) Treated for prolonged exposure to the sun 7) Rot resistant 4. Shade and UV Factors: a. Shade protection and UV screen protection factors shall be as follows: Color UV Block %hS ade % Blue 85% 80% Green 85% 80% Red 86% 80% Silver 81% 80% Desert Sand 92% 80% Terracotta 82% 75% Yellow 89% 80% PART 3 - EXECUTION 3.1 INSTALLATION A. The installation of fabric shade structures shall be performed by the manufacturer which shall be bonded and holding a current contractor's license with the State of California's Contractors State License Board. All installation personnel must have experience in the erection of tensioned fabric structures. B. The installation shall comply with the manufacturer's instructions for assembly, installation and erection, per approved drawings. TECHNICAL PROVISIONS - 70 Bid Package, Dog Park at Garvey Park, Project No: 41022 City of Rosemead Dog Park Rosemead CA D. Foundations: Document Control Page 176 of 197 1. Foundation design based on CBC 2019, Table 1806A.2, Soil Class 5 (allowable foundation pressure 1500 psf). 2. All anchor bolts set in new concrete (when applicable) shall comply with ASTM F-1554 Grade 55 (galvanized per ASTM A153, Class D minimum or ASTM F2329). Anchor bolt's embedment needs to be as follow: anchor bolt 911 1/4" 30 in (minimum embedment) 3. All non -shrink grout shall have a minimum 28 days compressive strength of 5000 psi, and shall comply the requirements of ASTM C109, ASTM C939, ASTM C1090, ASTM C1107, when applicable. 4. Footings and full rebar cages shall be drilled, set, and poured as per manufacturer's specifications with full rebar cage, as per approved manufacturer's engineered drawings. PART 4: PAYMENT 4.01 SHADE STRUCTURES (INCLUDING STRUCTURES, ENGINEERING, FREIGHT, TAXES AND INSTALLATION) Payment for Shade Structures (Including Structures, Engineering, Freight, Taxes, and Installation) including footings will be made at the contract unit price per Each (EA) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved. END OF SECTION 13 3123 TECHNICAL PROVISIONS - 71 Bid Package, Dog Park at Garvey Park, Project No: 41022 SECTION 32 92 23 - SOD PART 1: GENERAL 1.01 DESCRIPTION Document Control Page 177 of 197 A. The General Provisions shall apply to all Sod work operations. Provide all labor, materials, tools, transportation, equipment and incidentals necessary to perform work as indicated on the Plans and as herein specified. B. Related Sections. Section 32 84 00 Irrigation Section 32 90 00 Landscaping C. The Standard Specifications for Public Works Construction latest edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These specifications shall supersede conflicts with information given in the Standard Specification, unless otherwise determined by the Engineer. D. Definitions. 1. City: City of Rosemead 2. Engineer: City Engineer, or the City Engineer's designated representative. E. All vendors, suppliers, and manufacturer's representatives and the associated addresses, phone and fax numbers on the Plans and in the Specifications are listed for convenience only. They are subject to change and their inclusion in no way constitutes an endorsement by the City. 1.02 QUALITY ASSURANCE A. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials. B. Grower's directions, specifications and detailed drawings will be followed in all cases where articles used furnish directions covering points not delineated on the Plans or Specifications. C. The work included in this section will be done to the satisfaction of the Engineer. The decision by the Engineer as to the true construction meaning of the Plans and Specifications will be final. D. All drop slips for sod fertilizers shall be given to the Engineer. 1.03 ENVIRONMENTAL REQUIREMENTS SECTION 32 90 23 - SOD -1 TECHNICAL PROVISIONS - 72 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 178 of 197 A. Do not install sod when ambient temperatures may drop below 45 degrees F (12 degrees C) or above 95 degrees F (39 degrees C). B. Do not install sod when wind velocity exceeds 30 mph (48 k/hr). PART 2: PRODUCTS 2.01 REFERENCES A. ANSI Z60.1 - Nursery Stock. B. California State Department of Agriculture - Regulations for nursery inspections, rules, and grading. 2.02 SOD A. Sod shall be St. Augustin, Big Rolls (42" Wide x 100' Long) or approved equivalent grown by an established sod nursery having been in the business of growing sod a minimum of five (5) years. Sod shall be free of turf disease, insects, or weeds, and capable of healthy, vigorous growth. B. Sod shall be grown in a blown sand medium. It shall be cut with a 1/2" to 3/4" thickness of soil that completely covers the root zone. Sod shall be wide cut, big roll. The sod shall arrive vigorous and have a lush appearance, uniform texture and dark green color throughout with no dead or dying edge. The sod shall be sufficiently dense to bear handling and placement without tearing. C. Nylon mesh in sod will not be accepted. D. Sod may be obtained from: West Coast Turf 42-S40 Melanie PI Palm Desert, CA 92211 Phone: (760) 340-7300 2.03 FERTILIZERS, SOIL CONDITIONING MATERIALS AND WATER A. General. 1. Fertilizing and soil conditioning materials shall comply with the applicable requirements of the City's Standards and Specifications. All materials shall be packaged first grade, commercial quality products identified as to source, type of material, weight, and manufacturer's guaranteed analysis. Fertilizing and soil conditioning material shall not contain toxic ingredients or fillers in quantities harmful to human life, animals, or plants. The Contractor shall furnish to the Engineer the Certificate of Compliance stating that the material substantially meets the City's specifications. SECTION 32 90 23 - SOD -2 TECHNICAL PROVISIONS - 73 Bid Package, Dog Park at Garvey Park, Project No: 41922 Document Control Page 179 of 197 3. Exact fertilizing and conditioning materials and the required composition and quantities shall be determined by the agronomic soils test. B. Commercial Fertilizer. 1. Commercial fertilizer shall be a palletized or granular product having a chemical analysis as specified on the Plans or in the Specifications. Commercial fertilizer shall be free-flowing material delivered in unopened sacks. Material which becomes caked or otherwise damaged shall not be used. 2. Pre -planting fertilizer composition to be 6-20-20. Post -planting composition shall be 6-20-20XB. Fertilizer shall provide one pound of P and K per 1,000 square feet. Nitrogen shall not exceed 1/3 pound per 1,000 square feet. Exact composition and type to be determined by agronomic soil test. 3. Fertilizer available from: C. Water. J.R. Simplot Lathrop, CA 95330 Phone: (209) 858-2511, Fax: (209) 858-2519 Water shall be clean, fresh and free of substances or matter which could inhibit vigorous growth of plants. 2. Water shall be supplied at Contractor's expense at no additional cost to the City through the end of the maintenance period. PART 3: EXECUTION 3.01 FERTILIZING A. Two to three days prior to sodding, fertilize with J.R. Simplot Best 6-20-20 at one pound of P and K per 1,000 square feet. Exact quantity shall be determined by the agronomic soil test Adequately irrigate after application. B. Fifteen days after sod installation is complete, fertilize as above with J. R. Simplot Best 16-20-20XB 3.02 INSTALLING SOD A. Soil conditioning and fine grading shall be completed before sodding. No heavy equipment shall operate over the subgrade after grading is completed. SECTION 32 90 23 - SOD -3 TECHNICAL PROVISIONS - 74 Bid Package, Dog Park at Garvey Park, Project No: 41022 Document Control Page 180 of 197 The subgrade shall be moist but not wet when sod is laid. Sod shall be laid with closely fitted joints, and the ends of the trips shall be staggered. Openings shall be plugged with sod. C. Within two hours after installing sod and before rolling, the sod shall be adequately irrigated with a minimum of 1/2" of water. All seams and joints shall then be rolled until the sod is well bonded to the subgrade. D. The area shall then be watered thoroughly with 2 to 4 inches of water to penetrate the subsoil at least 8 inches. Watering shall be repeated as necessary to keep the sod moist until rooted into the subgrade. Sodded areas shall be protected against foot traffic until the sod is well established. 3.03 MAINTENANCE A. Maintenance period will be a minimum of ninety (90) days after Date of Acceptance by the City of all sod installation. B. Maintenance includes: 1. Water, weed, fertilize, mow, edge and spray as necessary to promote a healthy growing condition. Keep project neat and attractive throughout the maintenance period. 2. Applying herbicides for weed control, as needed or directed by City, in accordance with manufacturer's instructions. Remedy damage resulting from the use of herbicides. 3. Exterminate rodents and insects as required. 4. Adjust irrigation system scheduling to sufficiently saturate root zone. 5. Repair or replace any damaged item caused by vehicles, vandals, bicycles, or foot traffic during the maintenance period. 6. (During growing season) fertilize turf every four weeks with one pound of nitrogen per 1,000 square feet in a complete fertilizer product (4-1-4 ratio). C. Maintenance period may be extended if turf grass and other plant material is not in a healthy growing condition. When all maintenance work has been completed to the satisfaction of the Engineer, the Contractor will be released through written notification by the Engineer. D. Mow turf a minimum of two (2) times a week with the first mowing to be completed seven (7) days after installation of sod. Maintain a mowing height of 3/8" to 3/4" inches. Do not cut more than 1/3 of grass blade at any one mowing. Grass shall be mowed with a sharp power driven reel mower. Clippings shall be collected and removed. SECTION 32 90 23 - SOD -4 TECHNICAL PROVISIONS - 75 Bid Package, Dog Park at Garvey Park, Project Na 41022 PART 4: PAYMENT 4.01 TURF -SOD Document Control Page 181 of 197 Payment for Turf - Sod shall be paid for at the contract price per Square Foot (SF) as set forth in the bid schedule and shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved to complete in place, as specified in the Standard Specifications and these Technical Specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor. END OF SECTION SECTION 32 90 23 - SOD -5 TECHNICAL PROVISIONS - 76 Bid Package, Dog Park at Garvey Park, Project No: 41022 CITY OF ROSEMEAD DOG PARK AT GARVEY PARK PROJECT No. 41022 PART "D" APPENDIX Document Control Page 182 of 197 Bid Package, Dog Park at Garvey Park, Project No: 41022 APPENDIX A - PROJECT PLANS Document Control Page 183 of 197 P >! E w r CD O U = � as o o - o zz oz �� is z� oo�yNz s0000aSoo -OZi-Frraaaa Foa0000UU QOoS"E NO swa3 O Q two: w i No` 2] zp� w Z O Yi N OU Brz UO^uc _ :4S �.i3-YOLtl€4%`4F£`��d g3345bf bk 6lb�3Y[9 i� 3t:f 4id3554 �gy'� rv�ik q„a B8eBB9 B8,s„5S>.'s 391 e.i �kiBft£�ee:S8akS24€i F`_'P e:'_eZ Z@SBd s"xI€" .4 .34Bi ok2s9€i w._: dd. gy" sq:Y w[`: p YYYL£xZ6 �63SL3£]Y �tl-..._^.eb.": Yies�d w W � Q 70 L s a z ry. 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CONSTRUCTION CONTRACT DOG PARK AT GARVEY PARK (R DEPENDABLE CONSTRUCTION, INC.) PARTIES AND DATE This Contract is made and entered into this 12th day of July, 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 R Dependable Construction, Inc. with its principal place of business at 1019 W 3m St., Ste B, San Bernardino, CA 92410 (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 Dog Park at Garvey Park 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. 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. R Dependable Construction, Inc. Page 2 of 11 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to July 12, 2023 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, Ben Kim, or his'designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Rosemary Padilla, or 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. R Dependable Construction, 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) R Dependable Construction, 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, R Dependable Construction, 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:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Six Hundred Forty Thousand Eight Dollars and one cent ($640,008.01) without advance written approval of the City's Representative. Extra Work may be authorized, as described below, and if authorized, wifl 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, butwhich 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 R Dependable Construction, 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: R Dependable Construction, Inc. 1019 W 31d St., Ste B San Bernardino, CA 92410 CITY: Attn: Rosemary Padilla Tel: (909) 381-2310 City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, 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. R Dependable Construction, 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 R Dependable Construction, 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. R Dependable Construction, Inc. Page 9 of 11 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] R Dependable Construction, Inc. Page 10 of 11 CITY OF ROSEMEAD Ben Kim, City Manager Date Attest: Ericka Hernandez, City Clerk Approved as to Form: Date Rachel Richman, City Attorney Date R DEPENDABLE CONSTRUCTION, INC. Signature Date Name: Print Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: Title: R Dependable Construction, Inc. n SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL R Dependable Construction, Inc. *1011-11119_y 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: R Dependable Construction, 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- orbetter 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 R Dependable Construction, 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. R Dependable Construction, 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 R Dependable Construction, 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.