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CC - Item 5F - Sidewalk Gap Closure - Delta Avenue From Mission Drive To Wells Street Project - Project No. 21029 - Award Of Construction Contract And Professional Services Agreement For Construction Management/Inspection, Materials Testing ServicesROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER*✓ DATE: DECEMBER 13, 2022 SUBJECT: SIDEWALK GAP CLOSURE - DELTA AVENUE FROM MISSION DRIVE TO WELLS STREET PROJECT - PROJECT NO. 21029 — AWARD OF CONSTRUCTION CONTRACT AND PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT/INSPECTION, MATERIALS TESTING SERVICES. ADOPT RESOLUTION NO. 2022-65 TO APPROPRIATE MEASURE R FUNDS TO SUPPORT PROJECT FUNDING SUMMARY As part of the City's Fiscal Year 2022-23 Capital Improvement Program, the City Council approved the Safe Routes to School — Sidewalk Gap Closure - Delta Avenue from Mission Drive to Wells Street Project. The Project includes construction of Americans with Disabilities Act (ADA) compliant concrete sidewalk, driveway approaches, curb ramp, curb and gutter, parkway trees, relocation of fence and walls encroaching into the public right-of-way, asphalt concrete rehabilitation (coldmill and overlay), signage, striping on Delta Avenue between Mission Drive and Wells Street. To ensure that the City is receiving competitive prices and quality service, staff conducted a formal construction bid. FS Contractors, Inc. submitted the lowest responsive bid. In addition, staff advertised the Request for Proposals (RFP) for Construction Management/Inspection, & Material Testing Services (CM/CI) for the Project on the City's Planetbids portal. CEJ Engineers, Inc. submitted the most qualified proposal to provide CM/CI Services for the Project. The Project is currently funded with Measure R funds and State's Active Transportation Program (ATP) grant, in the total amount of $1,175,000. DISCUSSION Construction Bid A Notice Inviting Bids was published on September 15a', 2022. Bids were received through the City's Planetbids portal until 10:30 a.m. on Tuesday, October 11`^, 2022. The City received four (4) bids with the following results: AGENDA ITEM 5.F City Council Meeting December 13, 2022 Pape 2 of 4 Contractor (from low to high amount) Base Bid Amount Additive Alternate Base Bid + Bid Amount Additive Alternate Bid Amount FS Contractors, Inc. $981,750 $236,922 $1,218,672 CT&T Concrete Paving, Inc. $1,051,700 $271,470 $1,323,170 Hardy & Harper, Inc. $1,600,000 $234,500 $1,834,500 Excel Paving Company $1,797,990 $244,460 $2,042,450 As required by the California Public Contract Code, staff specified in the Bid Specifications that the lowest bid would be selected based on the Base Bid Amount. As shown in the above bid tabulation, FS Contractors, Inc. submitted the lowest base bid. Furthermore, FS Contractors' total amount of combined Base Bid plus the Additive Alternate Bid remains as the lowest bid. The Project base bid scope includes installation of ADA compliant concrete sidewalk, driveway approaches, curb ramp, curb and gutter, parkway trees, relocation of fence and walls encroaching into the public right-of-way, signage and striping and related work on Delta Avenue between Mission Drive and Wells Street. The Project additive alternate bid scope includes asphalt concrete rehabilitation (coldmill and overlay), utility valve, manhole adjustments and related work on Delta Avenue between Mission Drive and Wells Street. Staff conducted a bid analysis for apparent low bid submitted by FS Contractors, Inc. and verified their CA contractor's licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references. Based on the bid analysis, the bid submitted by FS Contractors, Inc. in the amount of $1,218,672 is determined to be the lowest responsive bid. Staff recommends that the City Council award the Base Bid plus Additive Alternate Bid for the project, in the total cost of $1,218,672. Professional Services On November 7, 2022, staff advertised the RFP for CM/CI Services for the Project on the City's Planetbids portal. The following proposals were received by the 2:00 p.m. deadline on Tuesday, November 29, 2022. Firm (alphabetical order Location Proposal Amount CEJ Engineers, Inc. Walnut, CA $76,800.00 FCG Consultants, Inc. Yorba Linda, CA $156,518.19 KOA Corporation Monterey Park, CA $113,904.00 LAE Associates, Inc. Placentia, CA $106,452.50 Pacifica Services, Inc. Pasadena, CA $85,300.00 Willdan Engineering City of Industry, CA $88,820.00 Z&K Consultants, Inc. Monterey Park, CA $77,720.00 City Council Meeting December 13, 2022 Page 3 of 4 Staff evaluated the proposals based on compliance with the RFP requirements, project understanding and approach, experience, level of effort, schedule, and cost effectiveness to provide efficient services. After review, staff determined that CEJ Engineers, Inc. submitted the most qualified proposal to provide CM/CI services for the Project, in a not to exceed amount of $76,800. Additional Funding Appropriation Based on the 2018 Pavement Management Plan, Delta Ave received a Pavement Condition Index (PCI) of 66, which is defined as Fair Condition. However, within the past 4 years, due to the high traffic volumes on Delta Ave because of its proximity to Shuey School, the PCI has lowered to below 60 which is defined as Poor Condition. In addition, during the design phase of the project, staff validated the poor pavement condition on Delta Ave. and added the pavement rehabilitation scope as an alternative bid item to the Project. Based on the poor pavement condition and pavement impacts necessary to construct the current scope of the Project, Staff recommends appropriating additional Measure R funds in the amount of $245,000 to fund the additional pavement rehabilitation on Delta Ave. STAFF RECOMMENDATION It is recommended that the City Council: 1. Authorize the City Manager to execute a construction contract with FS Contractors, Inc. in the amount of $1,218,672. In addition, authorize an amount of $121,867.20 (10%) as a contingency to cover the cost of unforeseen construction expenses, for a total construction budget of $1,340,539.20; and 2. Authorize the City Manager to execute a contract with CEJ Engineers, Inc. for Construction Management/Inspection Services for the Project, in a not to exceed amount of $76,800. 3. Adopt Resolution No. 2022-65 amending the City's Fiscal Year 2022-23 CIP Budget to appropriate additional funds in the amount of $245,000 from the Measure R Funds to increase funding for the Safe Routes to School — Sidewalk Gap Closure - Delta Avenue from Mission Drive to Wells Street Project, for a total Project budget of $1,420,000. FINANCIAL IMPACT The Project is included in the Fiscal Year 2022-23 CIP budget and consists of $1,100,000 in State Funded ATP, and $75,000 in Measure R Funds, for a combined total approved budget of $1,175,000. Staff is requesting to appropriate an additional $245,000 in Measure R Funds to increase the total Project budget to $1,420,000. Sufficient funding is available in the Measure R Funds to appropriate the necessary budget required to complete the Project. City Council Meeting December 13, 2022 Page 4 of 4 The following is the breakdown of the construction phase budget: Construction Contract $1,218,672.00 Construction Contingency 10% $121,867.20 Total Construction Cost $1,340,539.20 Construction Management/Inspection, & Materials Testing Services $76,800.00 Total Project Cost $1,417,339.20 ENVIRONMENTAL REVIEW The proposed work involves the rehabilitation of an existing public facility; therefore, the project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA). STRATEGIC PLAN IMPACT The Project is consistent with the 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. Prepared by: Eddie Chan, P.E., T.E. City Engineer Submitted by: Michael Chung, P.E. Director of Public Works Attachment A: FS Contractors, Inc. Bid Proposal Attachment B: Project Bid Package Attachment C: Construction Contract Agreement with FS Contractors, Inc Attachment D: CEJ Engineers, Inc. Proposal Attachment E: Professional Services Agreement with CEJ Engineers, Inc. Attachment F: Resolution 2022-65 Attachment A FS Contractors, Inc. Bid Proposal BIDDER: FS Contractors Inc. CITY OF ROSEMEAD DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 SECTION] -BID SCHEDULE CONTRACT BID FORMS CBF -1 111111FZ1ZOTqN REVISED BASE BID SCHEDULE PER ADDENDUM 2 SCHEDULE OF PRICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 NO. ITEM DESCRIPTION EST. CITY. UNIT UNIT PRICE ITEM COST 1 Clearing and Grubbing including all removals, relocations, per plans and specifications. 1 LS $-L00 0 00 $ 10_O 00 2 Disposal of Waste Materials 1 LS $ 50,00 $ SDOCO T 3 Earthwork -Export. (excavation) 260 CY $ 20,0 $ SZ, o 00 Remove and Construct PCC curb ramp per SPPWC Std. Plan 111-5., CASE B, Type 4, 4 modified per plan. Including retaining curb, guard rail and all incidentals complete in place 1 LS $ 000 $ as shown on the plans, details, and specifications. 5 Remove, dispose and Construct 4 -Inch thick PCC Sidewalk per SPPWC Std. Plan 113.2. 11,100 SF $ fZ $ 133 2-o0 Remove, dispose and Construct 6 -inch thick 6 PCC Driveway per SPPWC Std. Plan 110-2, including all incidentals complete in place as 10,610 SF $ 14 $ 14Si �0 modified per plan, details, and specifications. Remove, dispose and Construct 8 -inch curb 7 and gutter per SPPWC Std. Plan 120-2, A2- 8(200) including all incidentals complete in 35 LF $ loo $ 31500 place as modified per plan, details, and specifications. 8 Remove, dispose, and Construct 6' thick PCC Pavement per plans and specifications 3,050 SF $ ) s $750 9 Install new chain link fence, gate. Including all incidentals complete in place, per plans, details, 620 LF $ DO $ 6 O O 00 0 and specifications. Demolish, dispose exist. wall, salvage exist. wrought iron fence, gate, clean and paint and 10 install on new wall. Construct reinforced masonry block wall per SPPWC Std. plan 601- 76 LF $ 30O $ '24goo 4, type 1. Including all incidentals complete in place, per plans, details, and specifications. Location: 4430 & 4611 Delta Ave. Demolish, dispose exist. wall, salvage exist. wrought iron fence, clean and paint and install 11 on new wall. Construct reinforced masonry retaining wall per SSPWC Std. plan 618-3, type 35 LF $ 300 $ �� Seo B. Including all incidentals complete in place, per plans, details, and specifications. Location 4416 Delta Ave. Addendum 2, Attachment A, Page 1 BIDDER: FS Contractors Inc. NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST Construct reinforced masonry retaining wall per SSPWC Std. plan 618-3, type B with wrought 12 iron fence, driveway gate, including all 60 LF $ 3S'0 $ 21,,Op0 incidentals, grading, earthwork, complete in place, per plans, details, and specifications. Location: 8405 Wells St. Construct reinforced masonry retaining wall per SSPWC Std. plan 618-3, type B with wrought 13 iron fence, including all incidentals, grading, 86 LF $ 3 1 U $ earthwork, complete in place, per plans, details, and specifications. Location: 4418, 4422, 4426 Delta St. Construct 6 -inch to 18 -Inch high variable 6S 50,-700 14 retaining curb Including all incidentals complete 780 LF $ $ in place, per plans, details, and specifications. 15 Remove and Construct 8-inch4hick Asphalt 140 Ton $ 280 200 $ `' S' pavement per plans and specifications Remove, dispose, and construct colored 16 concrete (sunbaked clay color) crosswalk 1,250 SF $ ZS $_ including all incidentals complete in place per + detail 'E' on sheet D1 and specifications. 17 Adjust existing utility Pull Box to grade. (Water, 30 EA $ 00 $ 12 000 Gas, Irrigation) 18 Remove existing and install new mailbox 18 EA $ 3500 $ 94000 19 Relocate existing mailbox per detail 'H" on 5 EA $ 35ZO sheet Dt Furnish and Install 24 -inch box tree (lagerstmemia indica 'Muskogee' or Cercis 'forest SOU 0p0 O 20 canadensis pansy) Including all 14 EA $ $ incidentals complete in place, per plans, details, and specifications. Furnish and Install 5 -gal hedge tree @3 -feet 21 O.0 (Texas Pivot) Including all incidentals 10 EA $ YO $ c100 complete in place, per plans, details, and specifications. Remove and relocate existing Mango Tree per 22 SPPWC std. plan 518-3 and tree well std. 519- 1 EA $ 00 $ 6 000 3, including all incidentals complete in place per plans, details and specifications. Remove existing and Furnish and Install 1 -inch 23 copper water line including all incidentals90 LF $ $ IV SD 0 complete in place per San Gabriel Valley Water District Standards. Addendum 2, Attachment A, Page 2 BIDDER: FS Contractors Inc. NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST Coordinate with the Water Company for Water Company to Adjust Water Meter to grade, complete in place including new water line, fittings and incidentals per San Gabriel Valley 24 Water District Standards. Contractor shall 11 EA $ j57o0 $ yq, SDO coordinate with the water company and ensure to maintain water service to the impacted residents at all times during construction, this may include temporary services as necessary, which will be provided by the Contractor. 25 Furnish and Install 1 -inch PVC irrigation Sleeve 300 LF $ $ q,SO O Coordinate with the Southern California Gas 26 Company to Adjust Gas Meter to grade, 4 EA $ SDOD $ 20 000 complete in place including newgas line, fittings and incidentals per SCG. Budget Allowance for Water and Gas Meter adjustment reimbursement. The meter adjustment work will be done by the Water Company or SCG. or by Utility Purveyor at direct cost with no markup allowed. Contractor 27 will obtain all necessary permits and approvals 1 LS $35,000.00 $35,000.00 from the Utility Purveyors, and pay for any fees. This budgetary allowance bid item will reimburse the Contractor based on actual cost to obtain all necessary permit approvals from Utility Purveyors. Remove and replace the concrete brick 28 pilasters, and salvage and adjust existing gate to 4410 Delta. °F" �Sf000 S1 000 new grade at Per detail on 1 LS$ $ sheet D1. Including all incidentals complete in lace, oer olans. details, and specifications Signing and Striping Including ADA pavement 29 markings, including all incidentals complete in 1 LS $__000D lace, oer Dians. details and specifications. 30 Paint All home address numbers on existing 1 LS $ 4000 $ �� 004 curb TOTAL BASE BID AMOUNT IN NUMBERS $ 9gy �s�• TOTAL BASE BID AMOUNT IN WORDS: M I/h L 6W(W ei 161oUSAtitc�y �Wty� Tied t `J�oo/_ Addendum 2, Attachment A, Page 3 BIDDER: FS Contractors Inc. ADDITIVE ALTERNATE BID SCHEDULE SCHEDULE OF PRICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST 1 Cold Mill existing Asphalt Pavement Tapered Header Cut to edge of gutter 20,840 SF $'60 1 $ ID i �D la from 2 -inch to 0 -inch 6 -feet wide)1 2 Construct 2 -inch -thick Asphalt Pavement ARHM-GG-C 810 Ton $ oI $ �� (PG 64-16). Remove, dispose and Construct 8 -inch 3 curb and gutter per SPPWC Std. Plan 120-2, A2-8(200) including 33,150 all incidentals 390 LF $ $ _ complete in place as modified per plan, details, and specifications. 4 Adjust existing Utility water/gas valves to 6 $ $ Grade 5 Adjust existing Sewer/Storm drain MH to Grade 5 EA $ r t>nn $ 5, oc0 -�� 6 Crack Seal asphalt pavement per 1 LS $ 0� t) $ '�nI 1 I standard specifications TOTAL ADDITIVE ALTERNATE BID AMOUNT IN NUMBERS $ a -ca as TOTAL ADDITIVE ALTERNATE BID AMOUNT IN WORDS: Two Hundred Thirty - six thousand nine hundred twenty - two Addendum 2, Attachment A, Page 4 BIDDER: FS Contractors Inc. The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. The ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE above will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over fi sures. Full compensation for the items listed to the A. Mobilization / Demobilization B. Traffic Control right as Items A, B, C, D and €are considered C. NPDES, W WECP, and Best Management as inclusive in each Bid [tem listed above in the Base Bid Schedule and Additive Alternate Practices (BMPs), Public Convenience and Bid Schedule as applicable, and no additional Safety D. Construction Staking by Land Surveyor and/or separate compensation will be allowed. The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. 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 CBF -5 BIDDER: FS Contractors Inc. Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes ofaction it may have under Section 4 ofthe 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 proiect is not completed within the working days specified on the Notice Inviting Bids. 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 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. BIDDER: FS Contractors Inc. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: Jose Angel Fierros 09/27/2022 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum Addendum No. Addendum Addendum Dated 10/03/2022 Dated Ininanm� Dated Dated CBF -7 BIDDER: FS Contractors Inc. PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _ No If the answer is yes, explain the circumstances in the following space. CBF -8 BIDDER: FS Contractors Inc. PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractors failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -9 By: SigMature Jose Angel Fierros Type or Print Name President Title BIDDER: FS Contractors Inc 14838 Bledsoe St Business Street Address Sylmar, CA 91342 City, State and Zip Code (818) 838-6040 Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: N1k Bidder's License Number(s): 1005940 Department Industrial Relations Registered No. 1000033438 NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. Frequired further discussed in the Instructions to Bidders, Bidder will be to provide evidence that the person signing on behalf of the oration artnershi or joint venture has the authority to do so. CBF - 10 BIDDER: FS Contractors Inc. SECTION 2 BID DATA FORMS CBF -11 BIDDER: FS Contractors, Inc. Bidder shall submit its Did data in accordance with the format shown on each of the following Did 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 Prin and , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of ($ 10% ), being not less than ten percent (101/6) 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 perfomi all Work required for the DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET —as set forth in the Nuticc Inviting Bids mud accumpauying Bid Documeuts, dated October 6th. 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 6th day of October 2022 FS Contractors, Inc. (SEAL) RLI Insurance Company(SEAL,) Principal / ( Surety j By:i uiv ] By: Si mature Signature Pietro Micciche, Attorney -in -Fact CBF -12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On OCT U 6 2022 before me, Angel Nunez, Notary Public Date Here Insert Name and Title of the Officer personalty appeared Pietro Micciche Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personpQ whose nameQQ is/Wi subscribed to the within instrument and acknowledged to me that he/R{ ORM executed the same in hisfAxD(f k authorized capacity(", and that by hisftbilliiWsignature(p) on the instrument the personN, or the entity upon behalf of which the person%) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, y WITNESS rWhandrand official a:"`vr; ANGEL NUNEZ r,.,"'-� Notary hblic-California f 1;.. t-l-ry Los Angeles County \+ Commission - 2321675 (((: My Comm. Expires Mar 14, 202+ p 1107/m Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this fort to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limt'i��dt ❑ General ❑ Individual V Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited U General ❑ Individual D Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1107/m Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this fort to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limt'i��dt ❑ General ❑ Individual V Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited U General ❑ Individual D Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby snake, constitute and appoint: Patricia Zenizo. Pietro Micciche. Elisabete Salazar ioindv or severally to me city or tilendale , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed _ Twenty Five Minion Dollars ( $25.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 25th day of April 2022 . oNOWcaxo:ysG., �S'WcEo0%•., RLI Insurance Company Contractors Bonding and Insurance Company `oPV ORgt'..1T �� vpPPoq,�re• Z'_ I /,/ 'O' SEAL;'? _ '-. SEAL ; = By: - Barton W. Davis Vice President State of Illinoiso`s ;Np�9•+ SS County of Peoria Jj CERTIFICATE On this _25th day of April , 2022 , before me, a Notary Public, personally appeared Barton W Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Catherine D. Glover Notary Public CATWX"0.GL0VMORWAL. ansaW Pauc rmMWy yc E"M wsmr aoat I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify That the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance )-t Company this t> .. day of 0 6 ka b, -yl Zfo 2, RLI Insurance Company Contractors Bonding and Insurance Company By: Q D -3 C*, Jeffrey DUicls V v'-- Corporate Secretary 044¢533020212 A0058D19 BIDDER: FS Contractors Inc. 2.13 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 I percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perforin such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -13 BIDDER FS Contractors Inc. 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location G N R F e n c e ,Inc . Description of Work of Subcontractor Oxnard to be Subcontracted Fence Name: GNRFence,Inc. Address: P.O Box 5966 Oxnard, CA 93031 License No.: 1032835 Department of Industrial Relation Registration No. 1000969417 Name and Location Onyx Paving Company, Inc. Description of Work of Subcontractor Anaheim to be Subcontracted Paving Name: QDyx paving Company. Inc Address: License No.: 3 Westa Ave. Anaheim, CA W806 Department of Industrial Relation Registration No. I nn00n47gg Name and Location of Subcontractor Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration Name and Location of Subcontractor License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration Name and Location of Subcontractor License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. CBF -14 2.0 REFE_ RE_ LACES BIDDER: FS Contractors Inc. 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: 01 3. City of Thousand Oaks 2100 Thousand Oaks Blvd. Thousand Oaks, CA 91362 Name and Address of Owner onner Del Castillo (805) 449-2499 Name and telephone number of person familiar with project $405,865.00 Concrete Improvement Contract amount Type of Work Name and Address of Owner ey Aitonso, P.E (626) 569-2100 Name and telephone number of person familiar with project July 12,2021 Date Completed $100,090.00 Crosswalk Installation and Sidewalk Replacement May H, 2020 Contract amount Type of Work Date Completed County of Los Angeles 900 S. Fremont Ave. Alhambra, CA 91803 Name and Address of Owner Steven Gutierrez (626) 300-3233 Name and telephone number of person familiar with project $882,707 Concrete Repair CDBG October 10, 2021 Contract amount Type of Work Date Completed CBF - 15 4. BIDDER: FS Contractors Inc. of Santa Clarita 23920 Valencia Blvd. Suite 300 Santa Clarita, CA 91355-2196 Name and Address of Owner Araz Valijan (661) 286-4031 Name and telephone number of person familiar with $154,896.04 Concrete Improvements 10/10/22 Contract amount Type of Work Date Completed CBF -16 BIDDER: FS Contractors Inc. SECTION 3 NON-COLL USION AFFIDAVIT CBF -17 BIDDER: FS Contractors Inc. NON -COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. �zrre� Sig4kture Jose Angel Fierros Typed or Printed Name President Title FS Contractors Inc. Bidder Subscribed and sworn before me This 06th day of October 2022 Notary Public in and for the State of California My Commission Expires: CBF -18 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE N A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California ) County of Los Angeles ) On October 11, 2022 before me, =Martha Nahel Lopez Riuhi Notary Puhlic Date Here Insert Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the perso hose nampWls/awe subscribed to the within instrument and acknowledged to me that he/ executed the same in his/hhqlrlk`uthorized capacity(es); and that by h-srtjefltt�9h'signatureaon the instrument the person(' or the entity _upon behalf of which the personf*cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARTHA ISABEL LOPEZ RIUBI Notary Public - California Los Angeles County Commission7356361 Signature My Comm. Expires May n, zozs 1Signature of Notary Pubii Place Notary Seal Above OPTIONAL Though this section Is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑Gene ❑ Individual ❑ Attor Fact ❑ Trustee rdian or Conservator ❑ Other: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CO NC NTR4CTOR5. 14838 BLEDSOE STREET • SYLMAR, CA 91342 PHONE: (818) 838-6040 • FAX: (818) 838-6171. CONTRACTOR'S LICENSF #1005990 CLASS A -C8 -C27 • DIR X1000033438 BOARD RESOLUTION OF FS CONTRACTORS INC. ADOPTED ON January 4, 2016 RESOLVED THAT: 1. The following are the appointed Directors of FS Contractors, Inc. Jose Angel Fierros, President Salomon Fierros, Vice President Jose Ernesto Fierros, Secretary 2. The board of directors approves all the directors to execute, contracts and agreements on behalf of FS Contractors, Inc. Secretary's Certification: I certify that this resolution was duly adopted by the board of directors of FS Contractors, Inc. at a properly noticed open meeting held on January 4, 2016. I l 1 li,4 Jose Ernesto Fierros, Secretary 1/4/16 CITY OF ROSEMEAD CALIFORNIA ADDENDUM #2 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 Date Issued: October 4, 2022 CITY OF ROSEMEAD CALIFORNIA ADDENDUM #1 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 Date Issued: September 30, 2022 IJ Attachment B Project Bid Page CITY OF ROSEMEAD CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 FISCAL YEAR 2022-2023 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: THURSDAY, OCTOBER 6, 2022 AT 10:30 AM CITY OF ROSEMEAD DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 TABLE OF CONTENTS BIDDING DOCUMENTS 1. Notice Inviting Bids............................................................NIB-1 - NIB- 2 2. Instructions to Bidders............................................................ ITB- 1 — ITB -10 3. Contract Bid Forms..............................................................CBF-1 — CBF -18 CONTRACT AGREEMENT 1. Contract Agreement and Insurance Requirements 2. Performance Bond 3. Payment Bond CONTRACT APPENDIX Part "A" General Provisions..............................................GP-1 - GP -34 Part "B" Supplemental General Conditions............................GC-1 GC -10 Part "C" Technical Provisions............................................TP-1 —TP -15 Part "D" Appendix Appendix A - Project Plans CITY OF ROSEMEAD NOTICE INVITING BIDS NIB No. 2022-16 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive electronic bids through P1anetBids at: httl2s://Pbsystem.planetbids.com/portal/54150/portal-home OR sealed bids at the City Clerk's office, City Hall, 8838 Valley Blvd, Rosemead, CA 91770 up to 10_30 o'clock a.m. on Thursday, the 61h day of October, 2022 Electronic and hardcopy bids will be publicly posted on PlanetBids and City's website DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 A mandatory pre-bid meeting is scheduled at the intersection of Delta Avenue and Wells Street in the City of Rosemead on Tuesday, September 27, at 10 am. No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project site before submitting a Bid. The project consists of removal and replacement of existing PCC sidewalk, curb and gutter and other related work as described in the Plans, Specifications, and Contract Documents, by this reference, made a part hereof. The engineer's estimate for this project is $1,100,000. The successful bidder shall have FORTY (40) working days to complete the work. Liquidated damages shall be $500.00 per calendar day. Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained from the City's PlanetBid portal. Contractors can register as a vendor and download the documents by visiting the PlanetBid Portal (hUps://i)bsystem.planetbids.com/portal/54150/Tortal-home). Hard copy of the bid package 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 NIB -1 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 1 I 1 of the Business and Professions Code of the State of California. Bidder shall have a Class "A" license in good standing at the time Bids are received. The Council reserves the rieht to reject any and all bids and to waive any informality, technical defect or minor irregularity in any bid submitted An award of service shall not be final until the bids have been reviewed and a Contract Agreement with the City has been signed by the lowest responsible bidder and by the City. Award of Contract Agreement is proposed for October 25h, 2022. All questions regarding this bid shall be uploaded City's portal on PlanetBids, no later than 9 calendar days prior to bid due date and time. Dated this September 14, 2022 Ericka Hernandez City Clerk Publish: September 15`s & 22s', 2022. I011:0! CITY OF ROSEMEAD DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 INSTRUCTION TO BIDDERS INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. 1. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the City's PlanetBid portal. Contractors can register as a vendor and download the documents by visiting the PlanetBid Portal (https:Hpbsystem.planetbids.com/portal/54150/portal-home). Hard copy of the bid package will not be mailed. 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 Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Technical Provisions Part "D" - Appendix ITB - 1 Any Addenda Issued by the Owner 4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Development Services Department to verify that he has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. 7. ALTERNATE BIDS If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on the basis of the base bid only, but the Owner may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. Since the time for the alternate bid items has already been factored into the Contract Time, no additional Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one or more particular bid items. VGWA 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in accordance with the instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. 9. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is 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 be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venture or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form furnished by the Owner, or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. ITB - 3 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 Comnanv_l for DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT Alternatively, bids can be submitted electronically through PlanetBids at: https://pbsystem.planetbids.com/Rortal/54150/aortal-hom 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 or electronically through Planetbids 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 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. 19. REQUIRED BIDDER CERTIFICATIONS ITB - 5 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 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 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 matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. B. List of Proposed Subcontractors (Forms). State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one-half of one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent (0.5%) of the Total Bid Price. (2) Location. For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type/portion of work to be performed in the Contract. (4) Contractor License Number. For listed Subcontractors, list the contractor license number issued to the Subcontractor by the California Contractors State License Board. (5) Registration with Department of Industrial Relations. For listed Subcontractors, include evidence of registration with the Department of Industrial Relations as required by Section 1725.5 of the Labor Code. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of the Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDERS ITB - 10 BIDDER: CITY OF ROSEMEAD DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 SECTION 1 - BID SCHEDULE CONTRACT BID FORMS CBF -1 BASE BID SCHEDULE SCHEDULE OF PRICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 NO. ITEM DESCRIPTION QTYEST. UNIT UNIT PRICE ITEM COST 1 Clearing and Grubbing including all removals, relocations, per plans and specifications. 1 LS $ $ 2 Disposal of Waste Materials 1 LS $ $ 3 Earthwork -Export. (sidewalk excavation) 260 CY $ $ Remove and Construct PCC curb ramp per SPPWC Std. Plan 111-5., CASE B, Type 4, 4 modified per plan. Including retaining curb, guard rail and all incidentals complete in place 1 LS $ $ as shown on the plans, details, and specifications, 5 Remove, dispose and Construct 4 -Inch thick PCC Sidewalk per SPPWC Std. Plan 113-2. 11,100 SF $ $ Remove, dispose and Construct 6 -inch thick 6 PCC Driveway per SPPWC Std. Plan 110-2, including all incidentals complete in place as 10,610 SF $ $ modified per plan, details, andspecifications. Remove, dispose and Construct 8 -inch curb and gutter per SPPWC Std, Plan 120-2, A2- 7 8(200) including all incidentals complete in 35 LF $ $ place as modified per plan, details, and s ecifications. 8 Remove, dispose, and Construct 6" thick PCC Pavement per plans and specifications 3,028 SF $ $ Install new chain link fence. Including all 9 incidentals complete in place, per plans, details, 620 LF $ $ andspecifications. Remove, dispose and construct reinforced masonry block wall per SPPWC Std. plan 601- 10 4, type 1 with wrought iron fence, driveway 110 LF $ $ gate. Including all incidentals complete in place, per plans, details, andspecifications. Remove, dispose and construct reinforced masonry retaining wall per SSPWC Std. plan 11 618-3, type B with wrought iron fence, driveway gate, including all incidentals, grading, 190 LF $ $ earthwork, complete in place, per plans, details, andspecifications. CBF -2 NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST 12 Construct 6 -inch to18-Inch high variable retaining curb Including all incidentals complete in place, per plans, details, and specifications. 770 LF $ $ 13 Remove and Construct 8 -inch -thick Asphalt pavement per plans and specifications 140 Ton $ $ 14 Remove, dispose, and construct colored concrete (sunbaked clay color) crosswalk including all incidentals complete in place per detail "E" on sheet D1 and specifications. 1,250 SF $ $ 15 Adjust existing utility Pull Box to grade. (Water, Gas, Irrigation) 30 EA $ $ 16 Remove existing and install new mailbox 18 EA $ $ 17 Relocate existing mailbox per detail "H" on sheet Dt 5 EA $ $ 18 Furnish and Install 24 -inch box tree (Carrot wood) Including all incidentals complete in lace, per plans, details, andspecifications. 14 EA $ $ 19 Furnish and Install 5 -gal hedge tree @3 -feet O.0 (Texas Pivot) Including all incidentals complete in place, per plans, details, and s ecifications. 10 EA $ $ 20 Remove and relocate existing Mango Tree per sppwc std. plan 518-3 and tree well std. 519-3, including all incidentals complete in place per tans, details andspecifications 1 EA $ $ 21 Remove existing and Furnish and Install 1 -inch copper water line including all incidentals complete in place per San Gabriel Valley Water District Standards. 90 LF $ $ 22 Adjust Water Meter to grade, complete in place including new water line, fittings and incidentals per San Gabriel Valley Water District Standards. 11 EA $ $ 23 Furnish and Install 1 -inch PVC irrigation Sleeve 300 LF $ $ 24 Signing and Striping Including ADA pavement markings, including all incidentals complete in lace, per plans, details andspecifications. 1 LS $ $ 25 Paint home address numbers on existing curb 1 t LS $ $ TOTAL BASE BID AMOUNT IN NUMBERS $ CBF -3 TOTAL BASE BID AMOUNT IN WORDS: ADDITIVE ALTERNATE BID SCHEDULE SCHEDULE OF PRICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST 1 Cold Mill 2 -inch existing Asphalt Pavement per plans and specifications 63,300 SF $ $ 2 Construct 1.5 -inch -thick Asphalt Pavement ARHM-GG-C (PG 64-16). 593 TON $ $ 3 Construct 1 -inch -thick Asphalt Pavement Leveling Course D1 (PG 64-10) 395 TON $ $ 4 Adjust existing Utility water/gas valve to Grade 6 $ $ 5 Adjust existing Utility Sewer/Storm drain manhole cover to Grade 5 EA $ $ TOTAL ADDITIVE ALTERNATE BID AMOUNT IN NUMBERS $ TOTAL ADDITIVE ALTERNATE BID AMOUNT IN WORDS: CBF -4 The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. The ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE above will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over f ures. Full compensation for the items listed to the A. Mobilization / Demobilizationg. Traffic Control right as Items A, B, C, D and £mare considered C. NPDES, W WECP, and Best Management as inclusive in each Bid Item listed above in the Base Bid Schedule and Additive Alternate practices (BMPs), Public Convenience and Bid Schedule as applicable, and no additional Safety D. Construction Staking by Land Surveyor and/or separate compensation will be allowed. The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original CBF -5 Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed within the working days specified on the Notice Inviting Bids. 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 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. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated CBF -7 PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not _ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not' in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _ No _ If the answer is yes, explain the circumstances in the following space. CBF -8 PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -9 MW Signature Business Street Address Type or Print Name City, State and Zip Code Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: 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 -10 SECTION 2 BID DATA FORMS CBF -11 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 DOLLARS ($ ), being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET —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 Principal LE Signature Surety By: Signature CBF -12 2.11 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -13 2.11 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 N Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF -14 2.0 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 -15 4. BIDDER: Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -16 SECTION 3 NON -COLLUSION AFFIDA VIT CBF -17 LUDIDIAN NON -COLLUSION AFFIDAVIT 1n 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 swom before me This day of 20 (Seal) Notary Public in and for the State of California My Commission Expires: CBF -18 CONSTRUCTION CONTRACT DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET (COMPANY NAME) PARTIES AND DATE 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 DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET 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 Tenn 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 Company Name Page 2 of 11 performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to Month, Date and Year unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, 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 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 Company Name Page 3of11 procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees Company Name Page 4 of 11 appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon Company Name Page 5 of 11 request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VI I I and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Dollar Amount in Word Format Dollars (Numerical) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City 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 party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Company Name Page 7 of 11 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such Company Name Page 8 of 11 attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that Company Name Page 9 of 11 it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] Company Name Page 10 of 11 CITY OF ROSEMEAD Ben Kim, City Manager Attest: Date Ericka Hernandez, City Clerk Approved as to Form: Rachel Richman, City Clerk COMPANY NAME By: Signature Date Name: Print Title: Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: Date Name: Company Name EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL Company Name EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractorshall obtain and maintain an umbrella or excess liability insurance policy thatwill provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Company Name • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A. M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies Company Name using standard ISO endorsement No. CG 2010.. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. Company Name 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered Company Name shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party 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 parry involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. CITY OF ROSEMEAD DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 PERFORMANCE BOND 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 DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the forth in that certain contract for the said Public Work dated "Public Work Contract"); and Contractor is more particularly set (hereinafter the 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 parry shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - I obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this _ day on , 20 Principal/Contractor By: President Surety By: Attorney -in -Fact The rate of premium on this bond is per thousand. The total amount of premium charged, (The above must be filled in by corporate surety.) PERFORMANCE BOND -2 STATE OF CALIFORNIA ss. COUNTY OF On this _ day of . in the year , before me, a Notary Public in and for said state, personally appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attomey-in-Fact. (SEAL) My Commission expires Notary Public in and for said State PERFORMANCE BOND - 3 CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the corporation named as principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PERFORMANCE BOND -4 CITY OF ROSEMEAD DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 PAYMENT BOND 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 DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we the undersigned Contractor, as Principal and , a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of dollars, ($_ ), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of PAYMENT BOND -1 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 STATE OF CALIFORNIA COUNTY OF 1 ss. On this _ day of , in the year , before me, a Notary Public in and for said state, personally appeared known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. (SEAL) My Commission Expires Notary Public in and for said State PAYMENT BOND -3 CERTIFICATE AS TO CORPORATE PRINCIPAL 1, , certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PAYMENT BOND -4 CITY OF ROSEMEAD DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 PART "A" GENERAL PROVISIONS Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2021 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications"), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made a part hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2018 edition, only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans", it shall mean the Standard Specifications for Public Works Construction ("Green Book'), 2021 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS - 1 PART 1 - GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 DEFINITIONS Wherever in the Standard Specifications or other Contract Documents the following terms are used, they shall mean the following: Agency - The CITY OF ROSEMEAD Bid Guaranty - As defined in the Standard Specifications. Also referred to as the "Bid Security" in the Contract Documents. Bid Security - The Bid Guaranty, as defined herein. Board - The City Council of the CITY OF ROSEMEAD City - The CITY OF ROSEMEAD City's Representative - The Engineer, as defined herein Contract - The written agreement (Contract form) between the City and the Contractor for the complete and adequate completion of the Work for the Project. The Contract consists of the Contract Documents. The documents comprising the Contract are complementary, and each obligation of the Contractor, Subcontractors and material or equipment suppliers in any one document shall be binding as if specified in all. The Contract is intended to include all items required for the proper execution and completion of the Work. Contract Documents - In addition to the documents noted in the definition of Contract Documents in the Standard Specifications, all documents incorporated by reference into the Contract form. Contract Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. It is also sometimes referred to as the "Total Bid Price" in the Contract Documents. Contractor's Representative—Contractor's executive representative who shall be present on the Project Site at all times that any Work is in progress and who shall have the authority to act on behalf of the Contractor for all purposes under the Contract. The Contractor shall designate such representative in writing to the City. The Contractor's Representative shall be available to the City and its agent's at all reasonable times. GENERAL PROVISIONS - 2 Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "City's Representative" in the Contract Documents. Liquidated Damages - the amount prescribed in the Contract form, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Contract Documents. Notice to Contractors - Notice Inviting Bids. Project - The total and satisfactory completion of the project noted in the Contract Documents, as well as all related work performed in accordance with the Contract, including but not limited to, any alternates selected by the City. Project Site - All of the property and/or facilities of the City where the Work will be performed pursuant to the Contract, as well as such adjacent lands as may be directly affected by the performance of the Work. Recyclable Waste Materials - Materials removed from the Project site which is required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. Special Provisions - Any provisions which supplement or modify the Standard Specifications, including these General Conditions (Part 'A"), the Supplementary General Conditions (Part `B") and the Technical Provisions (Part "C"). Total Bid Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. Also sometimes referred to as the "Contract Price" in the Standard Specifications and other Contract Documents. - END OF SECTION - GENERAL PROVISIONS - 3 SECTION 2 SCOPE AND CONTROL OF WORK The project consists of furnishing and installation of 25 each concrete street light poles and foundations, anchor bolts, LED light fixtures and all related appurtenances as indicated on the construction plans, including other incidental and appurtenant work necessary for the proper completion of the project as indicated in the appendix and other related work as described in the plans and specifications. 2-3 SUBCONTRACTS 2-3.3 Subcontractor Obligations. Section 2-3.3 of the Standard Specifications shall be amended to include the following provisions: "By appropriate written agreement, Contractor shall require each Subcontractor to be bound by all obligations of this Contract. Each subcontract agreement shall preserve and protect the rights of the City. Should any subcontractor fail to perform the Work undertaken by him to the satisfaction of the City, said subcontractor shall be removed immediately from the Project upon request by the City's Representative and shall not again be employed on the Work. The Contractor shall be held liable for the all deficient Subcontractor Work." 2-4 CONTRACT BONDS The following shall be added at the end of Section 2-4 of the Standard Specifications: "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the contract Documents, and shall obtain a written acknowledgment by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the Owner or any of its authorized representatives. If the Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and promptly deliver satisfactory evidence of such increase to the City." "Pursuant to Public Contract Code Section 4108, Contractor shall require all Subcontractors providing labor and materials in excess of the amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in accordance with the same bond requirements applicable to the Contractor, except that the bond amounts shall equal the total amount of their subcontract. The Contractor shall specify this requirement for Subcontractor bonds in his written or published request for Subcontractor bids. Failure to comply with this requirement shall not preclude Contractor from complying with the Subcontractor bonding requirements. The practice of issuing separate purchase orders and/or subcontracts for the purpose of circumventing the Subcontractor bonding requirements shall not serve to exempt the Contractor from these requirements. No payments, except for a reimbursement payment to the Contractor for the cost of the Contractor's own Faithful Performance and Payment bonds, shall be made to the Contractor until the Contractor provides the aforementioned Subcontractor bonds to the Contractor." 2-5 PLANS AND SPECIFICATIONS GENERAL PROVISIONS - 4 2-5.1 General. The second full paragraph of Section 2-5.1 of the Standard Specifications shall be amended to include the following at the end of that paragraph: "All Contract Documents are essential parts of the Contract for a given project. Any requirement included in one Contract Document shall be as binding as though included in all, as they are intended to be cooperative and to provide a description of the Work to be done." 2-5.2 Precedence of Contract Documents. The provisions of Section 2-5.2 of the Standard Specifications shall be revised to read as follows: "In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6. General Conditions 7. Standard Specifications 8. Notice Inviting Bids 9. Instructions to Bidders 10. Specifications 11. Plans (Contract Drawings) 12. Standard Plans 13. Reference Documents" "With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings" 2-5.4 Interpretation of the Plans and Specifications. Section 2-5.4 shall be added to the Standard Specifications to read as follows: "Should it appear that the Work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the Plans or in the Specifications, the Contractor shall request the City's Representative for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the Contract, so far as may be consistent with the intent of the original Specifications. In the event of doubt or questions relative to the true meaning of the Specifications, reference shall be made to the Engineer, whose decision thereon shall be final." GENERAL PROVISIONS - 5 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." 1*2-7.1.2. Other Information. Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings." "2-7.1.3. Interpretation. Any interpretation by the Contractor of such "technical data" or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2-8 RIGHT-OF-WAY. Section 2-8 of the Standard Specifications shall be revised in its entirety to read as follows: "All temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by, paid for and disposed of solely by the Contractor at its own expense. The Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from all claims for damages of any kind arising from or incident to such rights-of-way. Those rights-of-way shown on the Plans will be provided by the City at its expense." 2-9 SURVEYING. 2-9.2 Survey Service. Section 2-9.2 of the Standard Specifications shall be amended to include the following: "All survey monuments, centerline ties and survey reference points will be tied out in advance by the City Land Surveyor. Temporary control shall be protected in place. Any temporary control disturbed by the contractor shall be replaced at the contractor expense and no additional compensation shall be allowed therefore. City Land Surveyor will provide one set of temporary stakes for position of well monuments. Contractor shall install well monuments. Contractor shall coordinate his/her work with the City Land Surveyor for the installation." GENERAL PROVISIONS - 6 2-9.4 Line and Grade. Section 2-9.4 of the Standard Specifications shall be amended in its entirety to read as follows: "All Work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross-sections, elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the City's Representative. Failure to make this report shall make the Contractor responsible for any error in the finished Work. Minor deviations from approved Plans, whenever required by the exigencies of construction, shall be determined in all cases by the City's Representative and authorized in writing." 2-10 AUTHORITY OF BOARD AND ENGINEER. The provisions of Section 2-10 of the Standard Specifications shall be revised to read as follows: "Whenever the Contract Documents refer to the Engineer or City's Representative, or provide the Engineer or City's Representative with power to act on behalf of the City, such reference shall necessarily include the City's Representative, or his or her authorized designee." "The City Council shall have the power to award the Contract, and shall generally have the final authority to act in all matters affecting the Project. The City's Representative shall have the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with the instructions of the City's Representative. The decisions of the City's Representative shall be final and binding on all questions as to: (1) the quantity, quality and acceptability of materials and equipment furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) any and all questions which may arise as to the interpretation of the Plans, Specifications, General Conditions, and Special Provisions; (4) the acceptable fulfillment of the Contract on the part of the Contractor; (5) any claims and compensation issues; and (6) his authority to enforce and make effective such decisions and actions as the Contractor fails to carry out promptly." 2-11 INSPECTION. The provisions of Section 2-11 shall be amended to include the following at the end of that Section: "The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's inspection." "When the Work is substantially completed, the Engineer or a representative of the Engineer will make the final inspection." GENERAL PROVISIONS - 7 "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 orthe railroad company, and any Work done in the absence of such inspectors will be subject to rejection. The Contractor shall make the appropriate notification according to the instructions given on the State Encroachment Permit or railroad permit for all inspections, and shall post all bonds and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor's expense. The Contractor shall pay for all testing and inspections required by a State Encroachment Permit or railroad permit." 2-12 SITE EXAMINATION Section 2-12 shall be added to the Standard Specifications as follows: "The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents." 2-13 FLOW AND ACCEPTANCE OF WATER Section 2-13 shall be added to the Standard Specifications as follows: "Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom." 2-14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. Section 2-14 shall be added to the Standard Specifications as follows: "The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. The Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder except in strict compliance with Section 2-3 of the Standard Specifications and state law. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by force of law, except as otherwise provided in Section 7103.5 of the State of California Public Contract GENERAL PROVISIONS - 8 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 SECTION 3 CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The provisions of Section 3-2.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract." 3-2.2 Payment. The provisions of Section 3-2.2 of the Standard Specifications shall be revised to read as follows: "3-2.2.1 Contract Unit Prices. Section 3-2.2.1 shall be amended in its entirety to read as follows:" "3-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work." "3-2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the Owner, payment for the work involved in such excess will be made as provided in Paragraph 3-3.2, as amended in these Special Provisions." "Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer's Estimate of the quantity for such item, and in computing the actual unit costs, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $5,000 at the applicable Contract Unit GENERAL PROVISIONS - 10 Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor." "3-2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the engineer, payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner; provided, however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price." "Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity for such item at the original Contract Unit Price." `3-2.2.1(d) Eliminated Items on Unit Price Contracts. On unit price contracts, should any contract item of the work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination." "If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the Owner and the actual cost of any further handling will be paid for by the Owner. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for." "The actual costs or charges to be paid by the Owner to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2, as amended in these General Conditions, or such adjustment as will be as agreed to by the Contractor and the Owner." 3-3 EXTRA WORK GENERAL PROVISIONS - 11 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 (1 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: "Contractor shall have the sole responsibility for satisfying itself concerning the conditions, nature and location of the Project and the Work to be performed, as well as the general and local conditions. Such conditions shall include, but shall not be limited to, local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could in any way affect the Work or the costs thereof. The Contractor is solely GENERAL PROVISIONS - 12 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 eitherthe difficulties, responsibilities, or costs of fully and adequately performing the Work according to the Contract Documents." - END OF SECTION - GENERAL PROVISIONS - 13 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 famished 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 maybe used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of Work shall be in strict accordance with generally accepted standards. Material, parts, equipment and Work quality shall be subject to the approval of the City's Representative. All materials, parts and equipment used and installed, and all details of the Work done, shall at all times be subject to the supervision, test and approval of the City's Representative. The City's Representative shall have access to the Work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work." "All materials, parts, equipment or Work which are defective in their construction or deficient in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction work. Any Work done beyond the lines shown on the Plans or established by the City's Representative, or any extra work done without written authority, will be considered unauthorized and will not be paid for by the City. Upon Contractor's failure to comply promptly with any order of the City's Representative made under the provisions of this Section, the City's Representative shall have authority to cause such defective or unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the Work is found to be in compliance with these specifications, the City's Representative will furnish the Contractor with a certificate to that effect." 4-1.2 Protection of Work and Materials. The provisions of Section 4-1.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall fully and adequately store and protect all materials, parts and equipment, as required herein. Contractor shall be solely responsible for any and all damages or loss by weather or any other cause to such materials, parts and equipment. The Contractor shall make good any and all damages or loss to materials, parts and equipment." "Until the final written acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its GENERAL PROVISIONS - 14 completion and acceptance, and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for all materials and the protection of Work already completed, and shall properly store and protect them, if necessary. Contractor shall provide suitable drainage and erect temporary structures where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of property in materials used after they have been attached or affixed to the Work or the soil upon City real property. All such materials shall, upon being so attached or so affixed, become the property of the City." "Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage valued in excess of five percent (5%) of the Contract Price if such damage was caused by an earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public Contract Code Section 7105. If provided for in the Contract Bid Forms, however, Contractor shall provide insurance to protect against such damages." 4-1.4 Test of Materials. The provisions of Section 4-1.4 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall immediately remove all rejected material from the Work or Site, and shall not again return such material to the Site." 4-1.6 Trade Names or Equals. The second and third paragraphs of Section 4-1.6 of the Standard Specifications shall be amended in their entirety to read as follows: "Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal". A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after award shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal" item shall be not less than 35 nor more than 40 calendar days after award of Contract." "The burden of proof as to the comparative quality and suitability of alternative equipment or materials shall be on the Contractor. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. Such data shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The Contractor shall have the material tested as required by the City's Representative to determine that the quality, strength, physical, chemical or other characteristics, including durability, finish, efficiency, dimensions, service and suitability are such that the item will completely and adequately fulfill its intended function." 4-1.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications as follows: GENERAL PROVISIONS - 15 "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 SECTION 5 UTILITIES 5-1 LOCATION The provisions of Section 5-1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work." "The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work." "The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the Owner. The Contractor shall verify these locations." 5-2 PROTECTION The provisions of Section 5-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to grade by the Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before commencing the Work." "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing." "The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price." "During construction of the Work, some of the existing utilities may fall within the prism of trenches. if the existing utility does fall within the contractor --s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner's requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities." 5-5 DELAYS GENERAL PROVISIONS - 17 The provisions of Section 5-5 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary, the provisions of Articles 1 and 2 of the California Government Code (Sections 4215 and 4216) are incorporated by reference as if fully set forth herein. In the event of any conflict between the Standard Specifications and Government Code Sections 4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall prevail. Contractor should pay particular attention to the provisions of Section 4215 with regards to the relocation of utilities, the costs thereof, delays caused thereby and the indication of service laterals and appurtenances." "The right is reserved to the owners of public utilities or franchises to enter upon the streets for the purpose of making repairs or changes in their property which may be necessary as a result of the Work. Employees of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements." "Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison's secondary, primary and transition facilities. The term "qualified person" shall mean one who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by all Subcontractors." - END OF SECTION - GENERAL PROVISIONS - 18 SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The second paragraph of Section 6-1 of the Standard Specifications shall be amended in its entirety to read as follows: "After the Contract has been approved by the Owner, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. The Work shall be diligently prosecuted to completion before the expiration of the time indicated in the Bid Documents and Contract Form, plus any duly authorized extensions thereof." The provisions of Section 6-1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary herein, the Contractor's proposed construction schedule shall include the expected start and completion dates for all portions of the contract Work. During a scheduling conference between the Contractor and the City's Representative, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to delay temporarily the construction schedule agreed upon during the scheduling conference, every effort will be made to permit a new construction schedule at the time most convenient to the Contractor, thus permitting the Project to proceed with the shortest intramural movement of the equipment. The Contractor shall notify the City's Representative in all such cases in order to arrive at a mutually satisfactory schedule." "Contractor's construction schedule shall be in a form provided for in the Specifications. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Owner whenever specifically requested to do so by Owner and with each periodic payment request. Failure to submit an updated and accurate construction schedule shall render Contractor in breach of the Contract and shall entitle Owner to withhold money therefor." 6-3 SUSPENSION OF WORK. 6-3.1 General. The provisions of Section 6-3.1 of the Standard Specifications shall be amended to add the following at the end of that Section: "The situations which will be deemed to be in the City's interest to suspend the Work shall include, but shall not be limited to, the following: (1) unsuitable weather or such other conditions that render the proper prosecution of the Work impracticable or inefficient; or (2) when the Contractor or his workmen fail or refuse to carry out orders or to perform any or all of the requirements of the Contract; (3) when the Contractor fails or refuses to supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest or labor shortages of any kind); (4) when the Contractor fails or refuses to begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5) when the GENERAL PROVISIONS - 19 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 Workprogram which will insure the Agency's interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract; or (10) when the Contractor fails or refuses in any other respect to prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contract. The Contractor shall immediately comply with any written order from the City's Representative and shall not resume operations until so ordered in writing." 6-4 DEFAULT BY CONTRACTOR. The first, second and third full paragraphs of Section 6-4 of the Standard Specifications shall be amended to read as follows: "If the Contractor should be in violation of the Contract, then the City may, without prejudice to any other right or remedy and after giving notice as specified herein, terminate the Contract and take all actions provided for herein and elsewhere in the Contract Documents. By way of example and not as a limitation upon its right to terminate the Contract as provided herein, the City may terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1) begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2) commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3) maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the Contract Documents; (5) maintain a Work program which will insure the Agency's interest; (6) carry out the intent of the Contract; (7) supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other respect prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contact." "If the City determines that sufficient grounds exist to terminate the Contract as provided herein, the City's Representative shall provide written notice to the Contractor and its surety on its performance bond. If the Contractor or its surety does not fully comply with such notice within five (5) days after receiving it, or fails to continue after starting to comply in good faith, the City may exclude the Contractor and its employees and Subcontractors from the Work, or any portion thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of every description as may be found at the place of such Work. Thereupon, the Contractor and its employees and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. In such accounting, GENERAL PROVISIONS - 20 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, allotice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work." "The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City's Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof." "The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of One Hundred Percent (100%) of the Contract. Said bond shall remain in force for a period of one (1) year after the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1) year period." "The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or GENERAL PROVISIONS - 21 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" -END OF SECTION - GENERAL PROVISIONS - 22 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 sem. 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 Cal ifomia Contractor's license requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract." "7-2.2.5 Non -Discrimination. Contractor shall not discriminate in the employment of persons upon the Contract because of the race, creed, color, national origin, ancestry, non - disqualifying disability, age, medical condition, marital status, sex or other classifications of such persons protected by federal, state and local laws, rules and regulations. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall cause an identical clause to be included in every subcontract for the contract work." "7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the GENERAL PROVISIONS - 23 California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with law. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids." 7-3 PERMITS. Section 7-5 of the Standard Specifications shall be amended in its entirety to read as follows: "Unless indicated to the contrary in the Contract Documents, including the Special Provisions, Contractor shall procure all permits and licenses (including a City business license), pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work." 7-8 PROJECT SITE MAINTENANCE. 7-8.2 Air Pollution Control. The provisions of Section 7-8.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements." 7-8.6 Water Pollution Control. The provisions of Section 7-8.6 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with the provisions of the Federal Clean Water Act as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts 122-124, the Porter -Cologne Act (California Water Code) and the Waste Discharge Requirements for Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best Management Practices (BMPs) are listed in the California Storm Water Best Management Practices Handbook for Construction Activities." WATER POLLUTION CONTROL A. Water Quality Protection Requirements For Construction Projects With Less than I - Acre Of Disturbed Soil All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) GENERAL PROVISIONS - 24 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.cabmohandbooks.com — Construction Handbook) for further information regarding the BMPs listed in Table 2-1. B. Water Quality Protection Requirements For Construction Projects With 1 -Acre (or greater) Of Disturbed Soil In addition to the minimum BMPs required in Section A, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted to the City for all construction projects where at least 1 -Acre of soil will be disturbed. The SWPPP will include strategies for reducing runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP may also be required for projects smaller than 1 -Acre if the City designates the project a threat to water quality objectives. In addition, the contractor must contact the Los Angeles Regional Water Quality Control Board (LARWQCB) if the project will disturb I -Acre or more of soil. Construction activities can not begin until a Waste discharger Identification (WDID) Number is issued by the State Water Board. The 1 -Acre threshold includes the total amount of land disturbance. For example, if four streets, each 1/4 -acre in size in different parts of the City are to be reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI) GENERAL PROVISIONS - 25 you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 41'. Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576-6600; Fax: (213) 576-6640 Internet Address: http://www.sA,rcb.ca.gov/—rwgcb4 The SWPPP shall include: • The name, location, period of construction, and a brief description of the project; • Contact information for the owner and contractor; • The building permit number for the project; • The grading permit number for the project (where applicable) • A list of major construction materials, wastes, and activities at the project site; • A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; • A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; • Non -storm water discharges, their locations, and the BMPs necessary to prevent the discharge; • A maintenance and self -inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and • A certification statement that all required and selected BMPs will be effectively implemented. Within 7 days after the City has certified the contract, the Contractor shall submit two 2 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re -submit the document within 7 days of their receipt of the City's comments. The City shall then have 7 days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. C. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The GENERAL PROVISIONS - 26 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, SE 10, SE3, and SE2) Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association Los Angeles County DPW P.O. Box 2313 Cashier's Office Livermore, CA 94551 900 South Fremont Avenue www.cabmphandbooks.com Alhambra, CA 91803 Tel. No. (626) 458-6959 D. Implementation The Contractor will be responsible throughout the duration of the project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor's activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil -disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil -disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this section, "Water Pollution Control". Unless otherwise directed by the City, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work. E. Sewage Spill Prevention GENERAL PROVISIONS - 27 The Contractor's attention is directed to the sewer bypass operation required during any sewer construction (Standard Specification for Public Works Construction Section 500.1.2.4). The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor's expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. F. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to the following two (2) City Departments: Public Works/ Engineering (626) 569-2150 Public Safety Department (626) 569-2292 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors, to be reached during emergency and off -hours. The City will notify the following: Los Angeles County Department of Health Services (213) 974-1234 Los Angeles County Department of Public Works (800) 303-0003 Regional Water Quality Control Board (213) 576-6665 or 6600 State Office of Emergency Services (800) 852-7550 (For any significant volume of material that entered the storm drain or receiving water) G. Sewage Spill Written Notification The Contractor shall prepare and submit a written report within three (3) working days from the occurrence of a spill to the City, (Attention: Project Manager). This report shall describe the following information related to the spill: The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause GENERAL PROVISIONS - 28 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 BMWs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. J. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefore. 7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added to the Standard Specifications to read as follows: "The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor." GENERAL PROVISIONS - 29 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.4 Safety. 7-10.4.1 Safety Orders. Section 7-10.4.1 shall be amended to add the following to the beginning of the first full paragraph: "In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property in performance of the Work. This requirement shall apply continuously and shall not be limited to normal working hours. The Contractor's duty to preserve safety shall include, but shall not be limited to, the erection and maintenance of temporary fences, bridges, railings and barriers; the placement of guards; maintenance and operation of sufficient lights and signals; and all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the City's Representative or other City employee or agent to give general engineering supervision of the Contractor's performance is not intended to include the review of the adequacy of the Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and complete responsibility for safety conditions on the Site." Section 7-10.4.1 shall be amended also to add the following to the beginning of the second full paragraph: "Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705, regarding sheeting, shoring and bracing." 7-10.4.3 Special Hazardous Substances and Processes. Section 7-10.4.3 shall be amended to add the following to the end of that Section: "As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class 1, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute." 7-11 PATENT FEES OR ROYALTIES. Section 7-11 of the Standard Specifications shall be amended in its entirety to read as follows: GENERAL PROVISIONS - 30 "The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use." 7-13 LAWS TO BE OBSERVED. Section 7-13 of the Standard Specifications shall be revised in its entirety to read as follows: "The Contractor shall keep itself fully informed of all existing and future State, Federal and local laws, rules and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with all such existing and future laws, rules, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall defend, indemnify and hold harmless, at least to the extent of the indemnification provisions of this Agreement, the Owner and its officials, officers, employees, volunteers and agents, including, but not limited to, the Director of Public Works and the Owner Engineer, against any claim or liability arising from, or based on, the violation or alleged violation of any such law, rule, ordinance, regulation, order, or decree, whether by itself or its employees. The Contractor shall particularly observe all laws, rules and regulations relating to the obstruction of streets or the conduct of the Work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic. The Contractor shall at all times comply with such laws, rules and regulations. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, rule, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing." 7-15 INDEMNIFICATION. Section 7-15 shall be added to the Standard Specifications as follows: "Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with Counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, volunteers or agents. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, volunteers or agents, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its GENERAL PROVISIONS - 31 officials, officers, employees, volunteers or agents for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782." 7-16 CONCRETE FORMS, FALSEWORK AND SHORING. Section 7-16 shall be added to the Standard Specifications as follows: "Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents." - END OF SECTION - GENERAL PROVISIONS - 32 SECTION 9 MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK. Section 9-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and which shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre -construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor." 9-3 PAYMENT. 9-3.1 Payment. The last paragraph of Section 9-3.1 of the Standard Specifications shall be deleted and replaced with the following two paragraphs: "Contractor shall submit, with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. Following the City's acceptance of the Work as fully complete, the Contractor shall submit to the City for approval a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement. the City's Representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which, in the City Representative's opinion, shall be just and fair, covering the amount and value of the total amount of Work done by the Contractor, less previous payments, applicable withholdings and retentions." "All retention proceeds shall be released and paid in strict accordance with Public Contract Sections 7107 and 7201." Section 9-3.1 of the Standard Specifications shall be amended to also add the following at the end of that Section: "Payment for the various items on the Contract Bid Forms, as further specified in the Contract, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor.. operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of Work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these General Conditions, and as shown on the Drawings, including all appurtenances thereto. Compensation shall include all costs of compliance with the regulations of public agencies having jurisdiction over the Work, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA)." "No separate payment will be made for any item that is not specifically set forth in the Contract Bid Forms, and all costs therefor shall be included in the prices named in the Contract Bid GENERAL PROVISIONS - 33 Forms for the various appurtenant items of work." 9-3.2 Partial and Final Payments. Section 9-3.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "For purposes of this Section, the monthly payment date shall be the last calendar day of each month. In order for the City to consider and prepare for each monthly payment, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (I Oth) day of the following month. The City shall review and make payment on all approved charges within the time required by Public Contract Code Sections 20104.5 et sec." "Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the Owner to the Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of liquidated damages." "Subject to the provisions of Section 22300 of the California Public Contract Code, a 5 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the Owner for payment. All billings shall be directed to the Engineer." "Pursuant to Section 22300 of the California Public Contract Code, In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City." "The Contractor shall submit with each invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen." - END OF SECTION GENERAL PROVISIONS - 34 CITY OF ROSEMEAD DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 PART "B" SUPPLEMENTAL GENERAL CONDITIONS DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 SUPPLEMENTARY GENERAL CONDITIONS 10-1 GENERAL 10-1.1 Description of Work The Work comprises the furnishing all materials, equipment, tools, labor and incidentals as required by the Specifications, and Contract Documents for the above stated project. The general items of work to be performed hereunder consist of minor grading and earthwork, of installation of new, removal, repair and/or replacement of curbs, gutters, driveway approaches, sidewalks, ADA access ramps, fences and walls, striping and markings, removing of existing trees, and planting new trees, landscape and hardscape and all associated work as identified on Delta Avenue between Mission Drive and Wells Street. If the City decided to add alternate bid schedule to the contract, work will also include cold mill and overlay existing pavement on Delta Avenue between Mission Drive and Wells Street. 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. SUPPLEMENTARY GCs -1 10-1.4 Installation of Equipment - All materials and workmanship shall be in accordance with the manufacturer's specifications and instructions. 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 HUNDRED TWENTY (120) working days including material procurement. 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. SUPPLEMENTARY GCs -2 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. 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 811 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. SUPPLEMENTARY GCs -3 10-7 AIR AND WATER POLLUTION 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 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 days after Notice of Completion was recorded. 10-11 SURVEY MONUMENTS See Section 2-9 Surveying of the General Provisions Page — 7. 10-12 CLEAN-UP Upon completion of the work and before the final estimate is submitted, the Contractor shall, at his own expense, remove from the vicinity of the work all plant, buildings, rubbish, unused materials, concrete forms and other materials or equipment belonging to or used by him or any subcontractor on the work. In the event of failure to so remove the same may be removed and disposed of by the City at the Contractor's expense. 10-13 GUARANTEE The contractor hereby guarantees for a period of one year that the entire work constructed by him under this contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished by him. The contractor hereby agrees to make at his own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by him that becomes evident within the time specified after filing of the Notice of Completion of the work by the Engineer, and to restore to full compliance with the requirements of these specifications, including the test requirements set forth herein for any part of the work constructed hereunder, which during said period is found to be deficient with respect to any provision of the specifications. The contractor SUPPLEMENTARY GCs -5 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 condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. SUPPLEMENTARY GCs -6 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. 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. SUPPLEMENTARY GCs -7 The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or nature which has been moved, damaged or altered in any way by the Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing asphalt pavement or concrete pavement during paving operations. The Contractor shall slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive) all asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on the concrete pavement, Contractor shall sand blast the affected area to its original condition and to the satisfaction of the Engineer or City Representatives at no additional cost. Any and all of these requirements shall be at the Contractor's expense. 1.08 Payment. No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. 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 straightjoins. G. Providing shoring, sheeting, bracing, etc. for excavations SUPPLEMENTARY GCs -8 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. 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 SUPPLEMENTARY GCs -9 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 CITY OF ROSEMEAD DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 PART "C" TECHNICAL PROVISIONS DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 TECHNICAL PROVISIONS TP 1 - SITE MAINTENANCE 1.01 General. The Contractor shall maintain the construction site in a neat and orderly condition, free from trash and waste construction materials at all times. Unattended construction materials, equipment, and trash shall be left in a manner to not constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition They shall also comply with all applicable laws ordinances and regulations pertaining to public health and sanitation of dwellings and camps. The Contractor shall provide proper barricades with flashing lights properly working and temporary fencing to insure a safe construction site. The Contractor shall maintain the work site in a manner that assures adequate access to workers and other authorized personnel. The Contractor shall provide proper traffic control in all construction areas. 1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to abate undue dust. Application of water for dust control shall be under the control of the Engineer and shall be applied in the amounts and at locations designated by the Engineer or other City Representatives. 1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm or other water from flowing uninterrupted along the existing street drainage courses. Diversion of water for short reaches to protect construction may be permitted if public or private properties are not threatened with damage. Should such diversions be necessary, the Contractor shall obtain written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside rights-of-way or normal drainage courses. 1.04 Protection of Existing Improvements. Construction operations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor shall work around all existing utility facilities. During construction the Contractor shall cooperate with the owners of any utility that has manholes, vaults, valve covers or any other facilities within the construction area. These facilities shall be completely protected by the Contractor. The Contractor shall exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless otherwise specified, all costs for protection of existing improvements shall be absorbed in the various items of work and no separate payment shall be made for them. TECHNICAL PROVISIONS TP -1 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, 2009 Edition, (hereinafter referred to as the Standard Specifications). The Contractor shall replace or restore existing improvements to their original condition to the satisfaction of the Engineer at no expense to the City. 1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste material shall become the property of the Contractor and shall be disposed of by the Contractor outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. 1.07 Final Clean Up. After completion of all other work required under the contract, the Contractor shall, at no expense to the City, clean up the work site including any and all properties used by the Contractor during construction to the satisfaction of the Engineer. The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or nature which has been moved, damaged or altered in any way by the Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing asphalt pavement or concrete pavement during paving operations. The Contractor shall slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive) all asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on the concrete pavement, Contractor shall sand blast the affected area to its original condition and to the satisfaction of the Engineer or City Representatives at no additional cost. Any and all of these requirements shall be at the Contractor's expense. 1.08 Payment. No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. TP- 2 - CLEARING AND GRUBBING 2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and Grubbing" of the Standard Specifications. In addition, the following items of work are included under Clearing and Grubbing, unless otherwise covered by specific bid items: A. 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: In conformance with the California Integrated Waste Management Act of 1989 (AB -939), the City will require that all construction materials and dirt removed from the project site be deposited at a recycling center. Certification from the recycling center will be required as part of this bid item. A. Maintaining dust control at all times by watering TECHNICAL PROVISIONS TP -2 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. Contractor shall provide a Traffic Control Plan prepared and stamped by a Registered Traffic Engineer for City Approval. 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. Saw cutting Portland cement concrete and asphalt concrete pavement for construction of smooth and straight joins. G. Removing, relocating and replacing all sprinkler lines, heads, valves, and other landscaping items interfering with the construction of improvements. H. 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. Restoring landscaping or any other miscellaneous improvements damaged during construction. J. Removing, replacing, tree pruning, backfilling, and compacting miscellaneous earthwork resulting from removing existing improvements that are not replaced and where excavations were made for concrete forming. K. Backfilling areas with clean topsoil; grading to join elevation of newly constructed curb, parkway, sidewalk, and driveway approach; and seeding, watering, and caring for rye grass or approved equal by the Engineer until the grass is established. L. Providing all necessary means to prevent tracking of asphalt oil on existing or new asphalt pavement during the paving operation and for restoring areas where asphalt oil was spilled. M. Coordinating the construction with all utility companies. N. 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. O. Providing construction signs as specified in the Special Provisions of these specifications. TECHNICAL PROVISIONS TP -3 Storing construction equipment and materials. Q. Providing enclosed toilets. R. Obtain services of a Land Surveyor to perform construction staking services of grading and horizontal control. S. Tree removal and Reuse T. Temporary adjustment of the existing Mailbox. Contractor shall temporarily install mailboxes behind the work limits during construction to ensure home continues to receive mail delivery. 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. TP 3 - CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT OF THE PROJECT 3.01 General. Due to the nature of this project involving some inconveniences, the Contractor shall respond to all complaints associated with the project that include any alleged damage to private property and/or vehicles, within 24 hours of notification. Failure to comply with this provision will result in an additional penalty of $50.00 per occurrence. The City reserves the right, after 24 hours of notification, to respond to the complaint and repair the alleged damage. The Contractor shall reimburse the City for all costs involved in addressing the complaint, including any administrative costs incurred by the City. 3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute notices informing those affected that construction will be performed in proximity to their property. The notice shall be distributed not less than 24 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 24 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. TECHNICAL PROVISIONS TP -4 TP 4 - EARTHWORK, ROADWAY EXCAVATION AND FILL 4.01 General. Earthwork, Roadway Excavation and Fill shall include excavating, removing, hauling, disposing, and placing in fill embankment, using approved materials, to the subgrade elevation indicated on the Plans. Roadway excavation shall include removal of existing soil material, asphalt concrete pavement, Portland cement concrete pavement, roadway base material, curb, sidewalk, and driveway approaches. The work shall also include compacting original ground, providing and placement of fill material, overhauling, finishing roadway subbase, and miscellaneous grading. Earthwork, subgrade preparation, and finishing roadway shall conform to the applicable requirements of Section 300, "Earthwork" and other pertinent sections of the Standard Specifications for the various items involved and the following requirements. The Contractor shall protect all work from inclement weather at all times. In the event of any storm during construction, the Contractor shall provide means to divert runoff water carrying silts, debris, etc., from entering the storm drain system as required by the Clean Water Act and the NPDES. 4.02 Subgrade Preparation. Subgrade preparation shall conform to the provisions of Section 301, "Treated Soil, Subgrade Preparation, and Placement of Base Material" of the Standard Specifications. Subgrade shall be compacted as specified in Section 301-1.3, "Relative Compaction" of the Standard Specifications. Finished subgrades shall not deviate more than 0.02 feet from the theoretical grading plane. 4.03 Unsuitable Material. To the best of the Engineer's knowledge, no unsuitable material will be encountered below the grading plane on this project. However, should unsuitable material be encountered, it shall be removed and replace with select material from the site at the direction of the Engineer all in accordance with the provisions of Section 5 of the Technical Provisions of these Specifications. 4.04 Fill. Fill shall be placed in lifts compatible with the type of compaction equipment used but no greater than 8 inches in thickness, and shall be compacted to a minimum relative compaction of 95 percent relative compaction as specified in Section 301-1.3 of the Standard Specifications. Each fill lift shall be treated in a similar manner. Subsequent lifts shall not be placed until the preceding lift has been approved by the Engineer. Fill soils shall consist of excavated onsite soil or imported soil approved by the soils engineer. All organic or deleterious material shall be removed from the fill material prior to placement and compaction. All imported fill shall be granular and non - expansive or of low expansion potential (plasticity index less that 15%). Rocks, asphalt concrete, and Portland cement concrete larger than 4 inches in diameter shall not be used unless they are sufficiently broken down. 4.05 Safety Precautions. All excavation shall be performed, protected, sheeted, shored, braced, and otherwise supported as required for safety and in the manner set forth in the operation rules, orders, and regulations prescribed by the Division of Industrial Safety of the State of California. Barriers shall be placed in such locations as necessary along excavations to warn all pedestrian and vehicular traffic of such excavations. 4.06 De -Watering. The Contractor shall provide and maintain at all times during construction, ample means and devices to promptly dispose of all water from any source entering structural TECHNICAL PROVISIONS TP -5 excavation, conduit trenches, or other excavations. De -watering shall be accomplished by methods which will insure a dry excavation, the preservation of final grades, and proper soil conditions. 4.07 Disposal of Excess Excavated Material. All excess excavated material shall become the property of the Contractor and shall be removed from the site and disposed of by the Contractor at no expense to the City. 4.08 Payment. Payment will be made at the lump sum price bid under Bid Item 3 for Earthwork, Roadway Excavation And Fill. 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. TP 5 — COMPACTED SELECTED FILL (If Applicable) 5.01 General. The subgrade under removed curb and gutter, sidewalk, driveway apron, curb ramp, local depression, cross gutter, and street pavement shall be inspected prior to placing forms. Unsuitable subgrade material, as determined by the Engineer, shall be removed and replace with selected fill material and compacted to not less than 95 percent relative compaction as specified in Section 301-1.3 of the Standard Specifications. The extent of removal and replacement shall be determined by the Engineer. 5.02. No separate payment will be made for Compacted Selected Fill. All costs for furnishing all labor, materials, tools to remove the unsuitable subgrade, place and compact selected fill, and complete the work specified, 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. TP 6 - SHORING FOR EXCAVATION 6.01 General. The Contractor shall conform to requirements of State of California Labor Code Section 6500. The Contractor shall obtain approval from the State Division of the Industrial Safety and/or OSHA for shoring to be used in the inspection of the project. 6.02 Payment. No separate payment will be made for Shoring for Excavation. All costs for fumishing all labor, materials, tools, equipment and incidentals and for doing all work involved in furnishing, installing, and removing shoring for excavations, as specified herein and directed by the Engineer shall be included in the prices bid for the various contract items of work. TP 7 - REMOVAL, HAULAWAY, AND DISPOSAL OF MATERIALS 7.01 General. The Contractor shall remove, haulaway, and dispose of all existing AC pavement, PCC Pavement, curb, curb and gutter, sidewalk, driveway, storm drain pipe (CMP), catch basins, sewer pipes, and other improvements including barrier poles, landscaping, trees, and irrigation facilities as noted on the Plans and interfering with the new construction unless otherwise noted on the Plans. TECHNICAL PROVISIONS TP -6 7.02 Payment. Payment will be made at the lump sum price bid under Bid Item 2. Payment of the lump sum bid price for furnishing labor, materials, tools, equipment and incidentals, and for doing all work involved as specified herein and directed by the Engineer. TP 8 — COLD MILLING ASPHALT CONCRETE PAVEMENT (If Applicable) 8.01 General. The contractor shall cold mill the existing asphalt concrete pavement as dimensioned on the plan and as directed by the Engineer, all in accordance with Section 302-5.2, "Cold Milling Asphalt Concrete Pavement" of the Standard Specifications. 8.02 Thickness of Cold Milline. The thickness of cold milling shall be as shown on the Plans and corresponds to the thickness of the asphalt concrete overlay. 8.03 Payment. Payment for cold planning asphalt concrete pavement shall be made on square foot basis and at the unit price bid under Alternate Bid Item 1. The unit prices paid shall include full compensation for furnishing all labor, materials, tools, and equipment and doing all work as specified herein and as directed by the Engineer, including removal and disposal of all loosened material, sweeping, and dump fees. TP -9 - COLD PLANING ASPHALT CONCRETE PAVEMENT 9.01 General. The Contractor shall cold plane the asphalt concrete pavement roadway area within the limits of the project as dimensioned on the plan and as directed by the Engineer, all in accordance with Section 302-1 "Cold Milling Asphalt Concrete Pavement" of the Standard Specifications. Cold planning shall be as indicated on the plans. 9.02 Payment. Payment for cold planing asphalt concrete pavement shall be made on a square foot basis and at the unit price bid under Alternate Bid Item No. 1. The unit prices paid shall include full compensation for furnishing all labor, material, tools, and equipment and doing all work as specified herein including removal and disposal of all loosened material, sweeping, dump fees, and incidentals and doing all the work involved as specified herein and as directed by the Engineer. TP 10 —ASPHALT CONCRETE PAVEMENT 10.01 General. Asphalt concrete pavement shall be ARHM-GG-C (PG 64-16) and D1 (PG 64-10) and shall be constructed in accordance with Section 203, `Bituminous Materials" and Section 302- 5, "Asphalt Concrete Pavement" of the Standard Specifications and the Plans. 10.02 Asphalt Concrete. Asphalt concrete pavement shall be constructed in accordance with Section 302-5, "Asphalt Concrete Pavement' of the Standard Specifications. Asphalt concrete to be used by the Contractor as part of this work shall be C2 -PG 64-10 or B -PG 64-10 or ARHM-GG- C (PG 64-16) and DI (PG 64-10) 10.03 Suberade. Asphalt concrete pavement shall be constructed on crushed miscellaneous base as indicated on the plans and over compacted native subgrade. Subgrade preparation for the pavement shall be as specified in Section 4 of these Specifications. TECHNICAL PROVISIONS TP -7 10.04 Clean Concrete Improvements After Asphalt Concrete Pavement. The Contractor shall remove all asphalt concrete pavement overlay that spills onto the concrete curb gutter, cross gutter, local depression and all other concrete improvements. Removal shall be done as soon as practical after the asphalt concrete pavement has been laid. Any oil or other spillage onto concrete improvements shall also be removed in a manner to leave them completely clean of any paving material. 10.05 Payment. Payment for Asphalt Concrete will be made at the unit price bid under Bid Items 13 and Alternate Bid Item No. 2 and 3. The unit prices paid shall also include the crushed miscellaneous base as indicated on the plans and full compensation for furnishing all labor, material, tools, and equipment to complete the work specified herein and as directed by the Engineer, including the costs for removal, disposal, and disposal fees. Subgrade preparation and cleaning of concrete improvements will be included in the cost bid for Asphalt Concrete Pavement. TP 11 - PORTLAND CEMENT CONCRETE AND MASONRY CONSTRUCTION 11.01 General. Portland cement concrete construction shall be in accordance with Section 201, "Concrete, Mortar and Related Materials" and Section 303, "Concrete and Masonry Construction" of the Standard Specification and as specified in the Standard Plans for Public Works Construction (hereinafter referred to as Standard Plans) and details shown on the Plans. The work required includes the removal and replacement of curb and gutter, sidewalk, curb ramps, driveway replacement, cross gutter and local depression and the construction as shown on the Plans. 11.02 Concrete Mix. Concrete for curb and gutter, and local depression, shall be Class 520-C- 2500 concrete specified by class in accordance with Section 201-1.1.2, "Concrete Specified by Class and Alternate Class" of the Standard Specifications. 11.03 Curb and Gutter. Concrete curb and gutter shall be constructed in conformance with Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and Driveways" of the Standard Specifications, shall be per Standard Plan 120-1 and details as indicated on the Plans. Curb and gutter shall be constructed to grade specified on the Plans. Curb and gutter shall not be poured monolithically with adjacent concrete improvements such as sidewalk, driveway approach, curb ramp, etc. and shall be constructed on 4 inches of compacted crushed miscellaneous base. The Contractor shall remove and replace a minimum of a one -foot wide strip of asphalt pavement beyond the edge of the gutter to accommodate the construction of the curb and gutter. Curb and gutter constructed at driveway approach shall be poured separately from the apron and paid for separately. Payment for curb and gutter shall include the crushed miscellaneous base under the curb and gutter and the one -foot space beyond the edge of the gutter for the asphalt pavement. After removing forms for curb and gutter construction at locations where planted parkway is specified, the space behind the curb shall be filled with selected backfill material to the elevation of the top of the curb prior to seeding as specified. 11.04 Sidewalk. Concrete sidewalk shall be constructed in accordance with Section 303-5, TECHNICAL PROVISIONS TP -8 "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and Driveways" of the Standard Specifications and shall be per Standard Plans 112-1 and 113-1. All sidewalks shall be 4 inches thick. Weakened plane joints shall be constructed at regular intervals following the pattern of existing sidewalk adjacent to the sidewalk being replaced or in the immediate area. Exposed roots within the subgrade area must be completely removed, voids backfilled and compacted prior to placement of new sidewalk. 11.05 Local Depression. Portland cement concrete local depression shall be constructed in accordance with Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and Driveways" of the Standard Specification and shall be per Standard Plan 313-1. All exposed edges shall be rounded to'/2-inch radius. The thickness of the local depression shall be 8 inches constructed on compacted crushed miscellaneous base. The asphalt concrete pavement shall be removed a distance of one foot around the local depression to permit construction. The local depression shall be constructed on compacted crushed miscellaneous base (Minimum 8 in. thick) 11.06 Concrete Pavement. Portland cement concrete local depression shall be constructed in accordance with Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and Driveways" of the Standard Specification and shall be per Standard Plan 132-2. 11.07 Curb Ramp. Concrete curb ramp shall be constructed in accordance with Section 303-5 of the Standard Specifications and shall be per Standard Plan 111-2 and 112-1. In addition, the depressed curb and gutter shall be constructed separately from the ramp. The Contractor shall protect in place and adjust valve covers and other structures that may be within the curb ramps area to new grade at locations indicated on the Plans. The Contractor shall include as part of the unit price bid for the construction of curb ramps, curb and gutter along ramps, detectable warning (truncated domes), the cost of removal of curb, sidewalk and asphalt and/or concrete pavement and construction of the curb ramp and asphalt and/or concrete pavement for the entire area affected by the construction of the curb ramp. After removing forms for curb ramp construction, the space left by the form and the area beyond the form that was disturbed due to construction shall be filled with selected backfill material to the elevation of the back of the curb ramp and restored to the conditions prior to construction. Cost for curb ramps shall include the removal and replacement of additional sidewalk between BCR and ECR (both locations). No additional payment will be made for additional sidewalk to be replaced (if necessary) between BCR and ECR and shall be included as part of the Curb Ramp Bid Item. 11.08 Payment. Payment for Concrete Construction will be made at the unit price bids under Bid Items No. 4, 5, 6, 7, 8, 12 & 14. The unit prices paid shall include full compensation for furnishing all labor, materials, tools, and equipment to complete the work specified herein and as directed by the Engineer, including the costs for removal, disposal, and disposal fees. The unit price bid for curb and Butter includes the cost of crushed miscellaneous base under curb and gutter TP 12- REINFORCED CONCRETE MASONRY BLOCK TECHNICAL PROVISIONS TP -9 12 -GENERAL 12.1 SUMMARY A. Section Includes: 1. Concrete block masonry. 2. Grouting of masonry. 3. Installing reinforcing steel bars in masonry. B. Related Work Specified Elsewhere: 1. Furnishing and delivery of steel bar reinforcing for masonry. 2. Water repellent sealer. 12.2 SUBMITTALS A. Mix Designs: Submit for mortar and grout. 12.3 JOB CONDITIONS A. Inspect and verify surfaces to receive Work of this Section. Report all conditions that prevent correct installation of masonry. 12.4 QUALITY ASSURANCE A. Tolerances: Unit masonry shall be placed within 1/8" of dimensions noted. Reinforcement shall be placed within tolerances recommended by ACI Detailing Manual, 1980 Edition, Special Publication, SP -66. B. REFERENCES, CODES AND STANDARDS: The following latest edition of the references, codes and standards are hereby made a part of this Section and work shall conform to the applicable requirements therein except as otherwise specified herein or shown on the Drawings. Latest edition of references and codes adopted by the Governing Agency shall apply. Nothing contained herein shall be construed as permitting work that is contrary to code requirements. 1. California Building Code (CBC) latest edition. 2. ACI 530.1 — Latest Revision, `Specification for Masonry Structures". PART 2 PRODUCTS 12.5 BASIC MATERIALS A. Portland cement: UBC Std. 19-1/ASTM Cl 50, Type I or II, low alkali; mortar cement or plastic cement not permitted. Use one brand. B. Hydrated lime: UBC Std. 21-13/ASTM C207, Type S. C. Mortar sand: UBC Std. 21-14 and ASTM C144, minimum 4% passing No. 100 sieve, uniformly graded fine to coarse. D. Grout aggregates: UBC Std. 21-19 and ASTM C404, natural, Size No. 1 or No. 2 for fine aggregate, Size No. 8 for coarse aggregate. TECHNICAL PROVISIONS TP -10 E. Mortar admix: None without prior approval of Architect and Structural Engineer. F. Grout admix: Sika Chemical Corp. GA Grout Aid, type as required; no substitution G. Color pigment: Pure ground mineral oxides, non -fading, alkali and lime proof, factory packaged, not more than 3 pounds per sack of cement. H. Control joint filler: Dur -O -Wal "Rapid Control Joint", wide flange unless regular flange is shown, approved sizes. A. General: Block shall be as indicated on the drawings and conform to ASTM C90, Grade N-1, steam -cured or yard air cured for 28 days, meeting Quality Control Standards of Concrete Masonry Association, natural cement color smooth faced units unless otherwise indicated or specified. Include matching jamb, lintel, control joint, bond beam, wall cap, and other special shape, type, or size units as required. B. Colored Concrete Block: Same as above except integrally colored, color as selected from tan or buff range of colors. C. Slump Stone or Split -Face Concrete Block: Integrally colored of the color as selected from tan or buff range of colors, with approved texture on all exposed faces and ends. 12.7 MORTAR AND GROUT PROPORTIONS AND MIXING A. Strengths: Minimum compressive strengths, 1,800 psi for mortar and 2,000 psi for grout at 28 days unless noted otherwise. B. Proportions: Accurately measure all mortar and grout by the volume method using calibrated containers. Shovel measurements are not acceptable. 1. Mortar: Per 2103.3, one part Portland cement, 3-1/2 to 4 parts sand based on dry loose volume, and not less than 1/4 -part nor over 1/2 -part lime. 2. Grout: Per 2103.4, and as follows. Mix with enough water to produce consistency for pouring without segregation. 3. Colored Mortar: Same as for mortar plus add color pigment to produce cured dry color matching concrete unit color and the approved Sample. C. Mixing: Place half of the required water and sand in an operating machine mixer; then add portland cement, remainder of sand and water, and then hydrated lime. Machine mix not less than 5 minutes after all ingredients are charged. D. Retempering: Retemper mortar within one hour after leaving the mixer and maintain high plasticity. Add water in a basin formed in the mortar and rework mortar into water. Discard all mortar that is not used within one hour or that has begun to initially set. TECHNICAL PROVISIONS TP -11 EXECUTION 12.8 INSTALLATION OF CONCRETE BLOCK MASONRY A. General: Lay out unit masonry to minimize cutting of units and use of odd joint sizes or bond. Construct all masonry in accordance with Code and Concrete Masonry Association standards for reinforced masonry. Place and embed in masonry anchors, bolts, reglets, sleeves, conduits, and all other items furnished under other Sections, fully grouted in place. Work out details and be responsible for size, position, and arrangement of embedded items and necessary openings. Cut units by machine saw. Install only clean uncracked units. B. Setting: Install masonry to preserve unobstructed vertical continuity of block cells. Full bed face shells and cross webs in mortar. Fill header or end joints solid with mortar to a depth from face of wall or unit not less than the thickness of the longitudinal face shells. Provide corner bond by lapping units in successive vertical courses. C. Cleanout Openings: Provide openings at the bottom of cells containing bar reinforcing, and at each lift or pour of grout exceeding 48" height. Remove all overhanging mortar and other obstructions or debris from the interior of block cells. Seal cleanouts with matching whole units and mortar Joints D. Reinforcing: Use deep -cut bond beam units at horizontal reinforcing bars. Install open end units for vertical bars unless otherwise shown. Hold vertical reinforcing bars in correct position at top, bottom, and intervals not over 160 bar diameters between, and secure in place with wood frames or similar devices as required for proper alignment. Install horizontal reinforcement as erection progresses, laps wire tied. Maintain a minimum 3/4" clear space between masonry and bars. Make laps and splices in bars not less than 40 bar diameters unless otherwise indicated. E. Grouting: Fill all cells with grout except where noted otherwise in the drawings. Pour in 4foot lifts, waiting about 1 -hour between lifts. Pour full height in each section of the wall in one work shift. Consolidate grout by puddling or internal vibration, then reconsolidate about 10 minutes later before plasticity is lost. Form horizontal construction joints by stopping the grout pour 1-1/2" below the top of masonry units. High lift grout placement may be used at Contractor's option as approved by the Architect and Structural Engineer and according to Code. F. Bond and Joints: Lay units with 1/2 -unit running bond, vertical joints in alternate courses aligned and plumb. Make joints uniformly 3/8" size, concealed joints struck flush. Compact and dense concave tool exposed joints with 1-1/2" diameter plastic or similar non -staining tool. G. Weep Holes: Provide 1/4" diameter weep holes at bottom of ungrouted cells of exterior walls, or provide weep holes at maximum 32" centers with drain slots under webs of intervening units. 12.9 WALL CONTROL JOINTS A. Provide for walls where shown, control joint filler placed for full height of each joint. Caulk exterior face ofjoints with elastomeric sealant. TECHNICAL PROVISIONS TP -12 B. Unless lesser distance apart is indicated on the drawings, construct control joints at 40' on centers. 12.9.1 PARGING A. Parge walls wherever required to assure smooth surfaces to receive waterproofing. B. Clean wall surfaces thoroughly. Apply Larson Products Co. Weldcrete bonding agent to surfaces of wall in accordance with manufacturer's instructions. C. Apply parge coat of Type S mortar, conforming to Title 24, Table 21-A (1 part Portland cement, 1/4 to 1/2 part hydrated lime, 2-1/4 to 3 parts fine aggregate) with Laticrete latex admix added per admix manufacturer's directions. Apply in 2 uniform coats to a total thickness of 3/4 inch. Scarify first parging coat to ensure full bond to subsequent coat. D. Use a steel -trowel finish to produce a smooth, flat, dense surface with a maximum surface variation of 1/8 inch per foot. Form a wash at top of parging and a cove at bottom. Damp cure parging for at least 24 hours and protect until cured. Provide nailers if required for attachment of membrane. 12.10 CEMENT WASH ON WALL TOPS A. Use mortar the matching masonry joints. Trowel dense and smooth with clean edges, sloped as shown or directed, and cross score using an approved tool at nominal 32" centers. As soon as hardened, cover with sealed plastic sheeting and keep moist for at least 10 days after placing. 12.10.1 CURING A. Keep newly constructed masonry damp for 3 days with regulated fog spray of water sufficient only to moisten faces of masonry but not in an amount as to cause water to flow down over masonry. Do not saturate masonry with water for curing or any other purposes and protect from rain or flooding during curing period. 12.10.2 CLEANING A. Clean mortar and grout off exposed surfaces immediately and as the Work progresses. Acceptably repair imperfect joints, holes, defaced units, chipped edges or corners, and all other defects, or replace the defective units as required for approval. Mortar or grout staining on exposed masonry surfaces is subject to sandblast cleaning of the entire surface involved to obtain clean uniform approved appearance, as directed and at no additional contract cost. 12.10.3 FIELD QUALITY CONTROL A. Testing: Testing Laboratory shall test mortar and grout to extent shown, directed, or required by Code. B. Continuous Inspection: Required if indicated, and for high lift grouting operations. 12.11 Payment. Payment for Construct Reinforced Masonry Block Wall and Masonry Retaining wall Construction will be made at the unit price bids under Bid Items No. 10, & 11. The unit prices paid shall include full compensation for furnishing all labor, materials, tools, including wrought iron TECHNICAL PROVISIONS TP -13 fence and equipment to complete the work specified herein and as directed by the Engineer, including the costs for removal, disposal, and disposal fees. TP 13 - ADJUST MANHOLE FRAME AND COVER TO GRADE (if Applicable) 13.01 General. All manhole frames and covers shall be marked as to their location by the Contractor prior to placement of the asphalt concrete pavement. Upon completion of the asphalt concrete pavement and after reasonable time is allowed for setting, the Contractor shall raise the manhole frames and covers to grade in accordance with Section 301-1.6, "Adjustment of Manhole Frame and Cover Sets to Grade" of the Standard Specifications. 13.02 Manhole Frame and Cover or Vault. The manhole frame and cover or concrete vaults that are at the finish grade of the street shall be protected along with the vault during the cold milling and paving operations. Payment for protecting vault and manhole will be included in the lump sum for Bid for various items of work. 13.03 Payment. No separate payment will be made for adjusting manhole frames and covers to grade. All costs for furnishing all labor, materials, tools to remove the unsuitable subgrade, place and compact selected fill, and complete the work specified, 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. TP 14 - ADJUST WATER AND GAS METER AND COVER TO GRADE 14.01 General. The Contractor shall adjust existing water meters/gas and covers to grade including all fittings and incidentals. Existing covers shall be adjusted to new grade. 14.02 Payment. Payment for adjusting water meter and or gas meters and meter covers will be made at the unit price bid under Bid Item No. 22. The unit price paid shall include full compensation for furnishing all labor, tools, materials and equipment involved in adjusting to grade as specified herein and as directed by the Engineer. TP 15 - STRIPING, PAVEMENT MARKINGS AND APPURTENANCES 15.01 General. Quantities shown are not guaranteed. Striping Details shall conform to the Standard Plans of the State of California, Department of Transportation, latest revision, hereinafter referred to as the Caltrans Standard Plans, and with Section 214, "Pavement Markers" of the Standard Specifications. All of the work performed under this section shall conform to the above stated specifications and plans and to details shown on the Plans and to the satisfaction of the Engineer. 15.02 Painted Striping, Markings, Markers and Appurtenances. Painted Traffic Pavement Striping, Legends, Markings, Pavement Markers and Appurtenances shall conform to Sections 210- 1.6 "Paint for Traffic Striping, Pavement Marking, and Curb Marking" and 214 `Pavement Markers", The Contractor shall apply two (2) coats of water base paint as manufactured by MORTON, Product Number 2675A5 (White), and 2676A (Yellow), for entire project unless otherwise indicated in writing by the Engineer. The layout of all work to be painted shall be TECHNICAL PROVISIONS TP -14 inspected and approvedrp for to painting Any work painted without prior approval of the layout is subject to removal and replacement at the Contractor's expense 15.04 Payment. Payment for Signing and Striping and Appurtenances will be made at the lump sum price bid under Bid Item No. 24. Payment of the lump sum price bid shall include the striping where shown on the plans and full compensation for furnishing all labor, materials, tools and equipment, and doing all work involved as specified herein and as directed by the Engineer. The lump sum price shall also include the preliminary layout/marking of all striping and markings and any adjustments required by the Engineer during the layout operation. TECHNICAL PROVISIONS TP -15 CITY OF ROSEMEAD DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 PART "D" APPENDIX APPENDIX A - PROJECT PLANS d ua 3 §Q tl :¢i k dbbbb� d� 6� �$tlb aa gg > W p3s'¢ g Eg Yf4P xFQb$¢.aQSgtly£e%b'm� €lt Y�p p 3"a8Eaetee38s.9Qa:al § ?^ �z �F@141g1g1@y6 F l s ®OPE-tQok[u1111=i...... w § aaxtxa a";j i 1�a IjIM05 Ad � fl54 i9y 4 po §71�€yg�pg®Sa¢6py r fig.§ 5�8Qp88 9 �� ult W1. $diR h ad gyg€ E$ii®$ 9Q p QQE yS gt yA �k 2 H U Q W Awde & W a F $ tl W w cif y W CnWJN 0 O JO Z N W D-¢>? Q Q w V J 2p 0 LL J D 0 w a Q Q s U N T 99$9 3 §Q tl :¢i k dbbbb� d� 6� �$tlb aa gg > W p3s'¢ g Eg Yf4P xFQb$¢.aQSgtly£e%b'm� €lt Y�p p 3"a8Eaetee38s.9Qa:al § ?^ �z �F@141g1g1@y6 F l s ®OPE-tQok[u1111=i...... w § aaxtxa a";j i 1�a IjIM05 Ad � fl54 i9y 4 po §71�€yg�pg®Sa¢6py r fig.§ 5�8Qp88 9 �� ult W1. $diR h ad gyg€ E$ii®$ 9Q p QQE yS gt yA �k 2 p y g e $4 Pig g 2=k` It pi W^ €$ga iQQ k $ x�� Y g$ BB SSj"g® ail fPill z §@ I g $84 & W a§3 F $ tl a 533 c p y g e $4 Pig g 2=k` It pi W^ €$ga iQQ k $ x�� Y g$ 1MI$ g g 99$9 m p y g e $4 Pig g 2=k` It pi W^ €$ga iQQ k $ x�� Y MOMS I -En 3 - ZO 133HS 338 9Nn HOLVN - 09+91 NOILVLS 3x11 NOLVN - 00{SZ NOLLVIS x a = r b Uwe e Yc€5 iqg� xks 3 U A — _ _ytl.Pc_c Cb P�k�„aet3 •� 2 2 . 1 t �a 6 SIE 88 `11- 1134 U pal w �O�W ?pO LL LL C x_ Eee �rc Y 91 b e �8 J� a� std T — g off? °, � O J Z O _1 ..I o a' � �3AOStl LHDk! �9 := �. 3nN3AV S119M 3dn HOLVW-09491 NMVIS xV O M 0 5Ir1� s Q rY e gg H Gig ,a Z 0 1�� 5Ir1� ,a Z ^ w +J i — — — — — — ------------ Sll3M 5Ir1� Y R� y CIy3V E 9Y�`.��6 in im Y�. I oil, fff i i G , 9� ;;�€"��pCol Fo B.s� §°e6 .ti? �• — w gg oo a.gg, a a aE § gg YveY Q T' p H34Y�.�k4Y�RCeiG@tl Yd.Y°u5'tld9k��E' �a 2 O R Q R 0 Yd E W obbbb bb bb b b�bbbbab b� �4�N 3WF0 YW �_ oLL a w I w ? THI i= z a' O a _ X i E p Q I `Av,ei . _ g e 0 W, M pw ' 3 i ggap6tlgd8�g�g v g[egg@ w a e I (n z z— 3 N =1 -W v$ a ¢w F Y3a wW w2 WF e �� ' "1 0 ❑Z ❑(j OW a w 9 U J55�,L p yp �R q F C V �Y o fP 346 a2 O o Q Ery a'a • xU CITY OF ROSEMEAD CALIFORNIA ADDENDUM #1 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 Date Issued: September 30, 2022 Addendum for: Delta Avenue SR2S Sidewalk Gap Closure Project From Mission Dr To Wells Street, Project No. 21029 Addendum No.: 1 Addendum Date: September 30, 2022 Issued by: City of Rosemead Reminder 1: Bid due date/time remains unchanged. Bids are due at 10:30 a.m. on Thursday, October 6, 2022. Reminder 1: Please sign Addenda Acknowledgement on page CBF -7 of Bid Package Section Titled "Contract Bid Forms". Entire Contract Bid Forms section shall be submitted as Bidder's Proposal. Addendum 1 removes pages CBF -2 through CBF -4 of Section 1 — Bid Schedule from Contract Bid Forms of the Bid Package, and replaces with a Revised Bid Schedule. Please see Attachment A — Revised Bid Schedule per Addendum 1. All contractors are required to submit this Revised Bid Schedule as part of their bid to be considered responsive. The City held a mandatory pre-bid meeting on Tuesday, September 27, at 10 am, on the job site. All prime contractors were required to attend this meeting to be considered responsive. See Attachment B — Mandatory Pre -Bid Meeting Sign in Sheet. Addendum 1 removes Appendix A — Project Plans of the Bid Package, and replaces with the Revised Project Plans per Addendum 1. See Attachment C — Revised Project Plans per Addendum 1. The revisions on this Plan set are shown as revision clouds. Addendum 1 also modifies various sections from the Bid Package as follows: Instruction to Bidders, Section 7. Alternate Bids: Remove the paragraph to its entirety, and replace with the following: The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. The ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE above will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. Technical Provisions, TP 1 - Asphalt Concrete Pavement: Add the following to the end of the section: Addendum 1, Page 1 of 2 All cracks and joints greater than 1/8 inch in size shall be blown clear with high pressure air, with the street swept immediately thereafter; and all joints and cracks greater than '/4 inch and less than 1.5 inches in size shall be filled with Crafco Polyflex III or equal. Filler shall be within 1/8 inch below and flush with existing pavement surface and squeegeed, as necessary, to attain this result. Payment for Crack Seal Asphalt pavement will be made at the lump sum price bid under Alternate Bid Item 6, and no additional compensation will be allowed. Attachments: Attachment A — Revised Bid Schedule per Addendum 1 Attachment B — Mandatory Pre -Bid Meeting Sign in Sheet Attachment C — Revised Project Plans per Addendum 1 Issued by City of Rosemead Addendum 1, Page 2 of 2 ATTACHMENT A - REVISED BID SCHEDULE PER ADDENDUM I REVISED BASE BID SCHEDULE PER ADDENDUM 1 SCHEDULE OF PRICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 N0. ITEM DESCRIPTION QTY EST. UNIT UNIT PRICE ITEM COST 1 Clearing and Grubbing including all removals, relocations, per plans and specifications. 1 LS $ $ 2 Disposal of Waste Materials 1 LS $ $ 3 Earthwork -Export. (excavation) 260 CY $ $ Remove and Construct PCC curb ramp per SPPWC Std. Plan 111-5., CASE B, Type 4, 4 modified per plan. Including retaining curb, guard rail and all incidentals complete in place 1 LS $ $ as shown on the plans, details, and specifications. 5 Remove, dispose and Construct 4 -Inch thick PCC Sidewalk per SPPWC Std. Plan 113-2. 11,100 SF $ $ Remove, dispose and Construct 6 -inch thick 6 PCC Driveway per SPPWC Std. Plan 110-2, including all incidentals complete in place as 10,610 SF $ $ modified per plan, details, and specifications. Remove, dispose and Construct 8 -inch curb and gutter per SPPWC Std. Plan 120-2, A2- 7 8(200) including all incidentals complete in 35 LF $ $ place as modified per plan, details, and specifications. 8 Remove, dispose, and Construct 6" thick PCC Pavement per plans and specifications 3,028 SF $ $ Install new chain link fence. Including all 9 incidentals complete in place, per plans, details, 620 LF $ $ ands ecifcations. Remove, dispose and construct reinforced masonry block wall per SPPWC Std. plan 601- 10 4, type 1 with wrought iron fence, driveway 110 LF $ $ gate. Including all incidentals complete in place, per plans, details, andspecifications. Remove, dispose and construct reinforced masonry retaining wall per SSPWC Std. plan 11 618-3, type B with wrought iron fence, driveway gate, including all incidentals, grading, 190 LF $ $ earthwork, complete in place, per plans, details, ands ecifications. Construct 6 -inch to 18 -Inch high variable 12 retaining curb Including all incidentals complete 770 LF $ $ in place, per plans, details, and specifications. Addendum 1, Attachment A, Page 1 N0. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY PRICE COST 13 Remove and Construct 8 -inch -thick Asphalt 140 Ton $ $ pavement per plans and specifications Remove, dispose, and construct colored 14 concrete (sunbaked clay color) crosswalk 1,250 SF $ $ including all incidentals complete in place per detail "E" on sheet D1 andspecifications, 15 Adjust existing utility Pull Box to grade. (Water, 30 EA $ $ Gas, Irrigation) 16 Remove existing and install new mailbox 18 EA $ $ 17 Relocate existing mailbox per detail "Id" on 5 EA $ $ sheet D1 Furnish and Install 24 -inch box tree (lagerstroemia indica 'Muskogee' or Cercis 18 canadensis 'forest pansy) Including all 14 EA $ $ incidentals complete in place, per plans, details, and SIDecifications. Furnish and Install 5 -gal hedge tree @3 -feet 19 0,C (Texas Pivot) Including all incidentals 10 EA $ $ complete in place, per plans, details, and specifications. Remove and relocate existing Mango Tree per 20 SPPWC std. plan 518-3 and tree well std. 519- 1 EA $ $ 3, including all incidentals complete in place per tans, details andspecifications Remove existing and Furnish and Install 1 -inch 21 copper water line including all incidentals 90 LF $ $ complete in place per San Gabriel Valley Water District Standards. Coordinate with the Water Company for Water Company to Adjust Water Meter to grade, complete in place including new water line, fittings and incidentals per San Gabriel Valley 22 Water District Standards. Contractor shall 11 EA $ $ coordinate with the water company and ensure to maintain water service to the impacted residents at all times during construction, this may include temporary services as necessary, which will be provided by the Contractor. 23 Furnish and Install 1 -inch PVC irrigation Sleeve 300 LF $ $ Coordinate with the Southern California Gas 24 Company to Adjust Gas Meter to grade, 4 EA $ $ complete in place including new gas line, fittings and incidentals per SCG. Addendum 1, Attachment A, Page 2 N0. ITEM DESCRIPTION QTY EST. UNIT UNIT PRICE ITEM COST Budget Allowance for Water and Gas Meter QTY. PRICE COST adjustment reimbursement. The meter 1 adjustment work will be done by the Water 20,840 SF $ $ Company or SCG. or by Utility Purveyor at from 2 -inch to 0 -inch 6 -feet wide 2 direct cost with no markup allowed. Contractor 810 Ton $ $ 25 will obtain all necessary permits and approvals 1 LS $35,000.00 $35,000.00 from the Utility Purveyors, and pay for any fees. This budgetary allowance bid item will 3 reimburse the Contractor based on actual cost 390 LF $ $ to obtain all necessary permit approvals from complete in place as modified per plan, Utility Purveyors. Remove and replace the concrete brick pilasters, and salvage and adjust existing gate 26 to new grade at 4410 Delta. Per detail "F" on 1 LS $ $ sheet D1. Including all incidentals complete in lace, Der plans. details, andspecifications Signing and Striping Including ADA pavement 27 markings, including all incidentals complete in 1 LS $ $ lace, oer Dlans, details andspecifications. 28 Paint home address numbers on existing curb 1 LS $ $ TOTAL BASE BID AMOUNT IN NUMBERS $ TOTAL BASE BID AMOUNT IN WORDS: ADDITIVE ALTERNATE BID SCHEDULE SCHEDULE OF PRICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST Cold Mill existing Asphalt Pavement 1 Tapered Header Cut to edge of gutter 20,840 SF $ $ from 2 -inch to 0 -inch 6 -feet wide 2 Construct 2 -inch -thick Asphalt Pavement 810 Ton $ $ ARHM-GG-C (PG 64-16). Remove, dispose and Construct 8 -inch curb and gutter per SPPWC Std. Plan 3 120-2, A2-8(200) including all incidentals 390 LF $ $ complete in place as modified per plan, details, andspecifications. Addendum 1, Attachment A, Page 3 4191DIAN N0. ITEM DESCRIPTION QTY EST. UNIT UNIT PRICE ITEM COST 4 Adjust existing Utility water/gas valves to Grade 6 EA $ $ 5 Adjust existing Sewer/Storm drain MH to Grade 5 EA $ $ 6 Crack Seal asphalt pavement per standard specifications 1 LS $ $ TOTAL ADDITIVE ALTERNATE BID AMOUNT IN NUMBERS $ TOTAL ADDITIVE ALTERNATE BID AMOUNT IN WORDS: Addendum 1, Attachment A, Page 4 ATTACHMENT B - MANDATORY PRE-BID MEETING SIGN IN SHEET a a v E v �C N 0 z o � N O `w � 3 O N O Z u U V v a a W O a u W Ly p a W Vf h LUW L Z ii 0 U a J W H LU W G1 s Q 3 ° p w LA c c O ujZ p a in vk pLA ui CC p z CCv C LU Z C 0 Z W Q W d Q F J W o � k c bb W — a a 0 b O �C Ly ii i 0 d bb O O 9 d 9 c O CL 1 O d H d s sem' 6 O— f C a A W 1 i d h w � t Z FW F O ei N M V Ill t0 I� 00 Ol O Q Z O O O O O O O O O rl a 0 v v O C O V d = o� V d Q 6 � N O z W O a U w O Q: a r C w CC w N W Z Q �C 1 U j W C W L 2 � N tie C Q 0 w a C a p Z ; of O = O t 1 J IA uiC-4 Ln v N C C O Z Ly Z C LL � a a w O o , O T P % ¢ 15, tl� s` o G <. 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M m o L CA _ _w' s fD H s J V 1 � v U � v Y N 61 �+ b . 0 Z !\ d W Z O Z W N N M a -C a .-I W N t0 N n rl 00 .r O N O N ) } ( ) b k � e CC z § t r uLU _j@ / ( 2Ln �0 ) \ - gkCL \ { \ \§& c 0 2 k \k§ � ) k § y > , § LL � 6 � q 0 f 4:3 ©% 6b, ! ��%a A 2 ) \ { \ � y > , � 6 � § 4:3 A 2 E � ) - � � � f CtH d < � @( . <; 4 g 2 a 5 m m k ATTACHMENT C - REVISED PROJECT PLANS PER ADDENDUM 1 _ o p oei �w z 6?a4 I Tib �®g 1 o� �I SWIM R%0 �� a SUP! �$ ia�p€�eY�p "smRfia&E€!@i OF Z.b bb db b m ®B= r0400I I pnpnap F Ell U '� � y CL I w w o gH31n8 SSS 8 R!$= w O ''Y4 g}pcG N 4[ P iiJ � c� ssx (%) O 7 w Hal I PE _J W r O z Wffx 11°.ix s n gH`n�•�. 1 z y W; Gy�yBg'ggSg g §H 11 gOF O>J '�' a w 4n! gilt ill Mal U N as g ��`" E $r$ 63 oRSgr". 5=9,0 RR €o v�5sp i€�-! •!,�€ w jig 92 :®l $mgyg r• !' $5s`yR- 5a $NS r 3min r 5w s°'s y 3a - p 3 '�'x $ 6W d4 1 i gi °�3 g $11 1 IM, o gy�y4va 5 €s ae 66!R s' `sg ° S361 1 'ye 4S {? 439i:Sy 54§11 y¢E£$T 3 w ?R�Ri 4YlN a!N vRN°k 33® tlbv i 85 8H tlY $SStl gig C y5p 5p H E {3 �p$ Y p• F e€. .& g �# ~O 3S8tl3 HB$Y zO 4 G yy ggqq gg N Maw x9g tla Hi e° 9$e " � � a(""s15lo lip 4 " ! $` — 55 `i" 8 e lip £y O $ RR{ $ 6 1111.21 4 `sc NEK os? €"!�1-R _e �' �� > M ii 3 C $ 6B Y g g5 �Zy n e s $sy � 5 s £RG ERR s E° q�'s $t83 gg � ;Ia x � € ( l s�G a`x $pg411, S• RlR�x !� 'a$P 4 $fl& 1111 � g 6 E, s�9� '�x� R- a 2• s y § gg rc S ! ^ s' ! ` § G R4 �3=® a8 $vs�I$ap $ ! & 8 Sgg ;11i i $P £WS® yy NyR3P"n z p N$ RN N S° YYg[[g x!$18°yy 4 i y4 gjN G'Gy 2 6 RR 8$8g+ $ESRx, $�a ep 1 � �£rEp �� p�w� 5@@�555R e��5$54' �& �/ R�$s !� s'�R 4� w pd s §s- E $$$ 3&R9 ! s! !; 334 2 r @ !n3 £[§ n .11 a !IS€ ii& ullii 70iaam 228 En Haivw - 00+ez NOILYIB , r „ 4 `x A � � e— e t'¢L¢'a ykp Rc-P3Wd$"gckkE S `�e4e. 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O w _ age gaaaQaa��frA ,i, o S6 y .2 U 20! . E:]a /} § §;)r LL o |(!O b / o < I m, - � a2 j a(� 7kili %�. , y }l. L>9 �>r 133612_� � •• � !! )!� •, e |, §! - $h�|$ gig , §ISM, P M q {! §§A/� / / } ƒ/NiUQ w/\/ ... CITY OF ROSEMEAD CALIFORNIA ADDENDUM #2 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 Date Issued: October 4, 2022 Addendum for: Delta Avenue SR2S Sidewalk Gap Closure Project From Mission Dr To Wells Street, Project No. 21029 Addendum No.: 2 Addendum Date: October 4, 2022 Issued by: City of Rosemead Reminder 1: Please sign Addenda Acknowledgement on page CBF -7 of Bid Package Section Titled "Contract Bid Forms". Entire Contract Bid Forms section shall be submitted as Bidder's Proposal. Addendum 2 revises the bid due date/time as follows: The City will receive electronic bids through P1anetBids at: https:Hpbsystem.planetbids.com/portal/54150/portal-home OR sealed bids at the City Clerk's office, City Hall, 8838 Valley Blvd, Rosemead, CA 91770 up to 10_30 AM on Tuesday, October 11, 2022. Addendum 2 revises the Bid Schedule again. Please see Attachment A — Revised Bid Schedule per Addendum 2. All contractors are required to submit this Revised Bid Schedule as part of their bid to be considered responsive. Addendum 2 removes Part C — Technical Provisions of the Bid Package, and issues Revised Technical Provisions. See Attachment B — Revised Technical Provisions per Addendum 2. Addendum 2 reissues Revised Project Plans. Please see Attachment C — Revised Project Plans per Addendum 2. The revisions per Addendum 1 and 2 are shown as revision clouds on these revised plans. Attachments: Attachment A - Revised Bid Schedule per Addendum 2 Attachment B - Revised Technical Provisions per Addendum 2 Attachment C - Revised Project Plans per Addendum 2 Issued by City of Rosemead Addendum 2, Page 1 of 1 ATTACHMENT A - REVISED BID SCHEDULE PER ADDENDUM 2 REVISED BASE BID SCHEDULE PER ADDENDUM 2 SCHEDULE OF PRICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 N0. ITEM DESCRIPTION Off, EST. UNIT UNIT PRICE ITEM COST 1 Clearing and Grubbing including all removals, relocations, per plans and specifications. 1 LS $ $ 2 Disposal of Waste Materials 1 LS $ $ 3 Earthwork -Export. (excavation) 260 CY $ $ Remove and Construct PCC curb ramp per SPPWC Std. Plan 111-5., CASE B, Type 4, 4 modified per plan. Including retaining curb, guard rail and all incidentals complete in place 1 LS $ $ as shown on the plans, details, and specifications. 5 Remove, dispose and Construct 4 -Inch thick PCC Sidewalk per SPPWC Std. Plan 113-2. 11,100 SF $ $ Remove, dispose and Construct 6 -inch thick 6 PCC Driveway per SPPWC Std. Plan 110-2, including all incidentals complete in place as 10,610 SF $ $ modified er Ian, details, and specifications. Remove, dispose and Construct 8 -inch curb and gutter per SPPWC Std. Plan 120-2, A2- 7 8(200) including all incidentals complete in 35 LF $ $ place as modified per plan, details, and specifications 8 Remove, dispose, and Construct 6" thick PCC Pavement per plans and specifications 3.050 SF $ $ Install new chain link fence, gate. Including T11 9 incidentals complete in place, per plans, details, 620 LF $ $ ands ecifcations. Demolish, dispose exist. wall, salvage exist. wrought iron fence, gate, clean and paint and 10 install on new wall. Construct reinforced masonry block wall per SPPWC Std. plan 601- 76 LF $ $ 4, type 1. Including all incidentals complete in place, per plans, details, and specifications. Location: 4430 & 4611 Delta Ave. Demolish, dispose exist, wall, salvage exist. wrought iron fence, clean and paint and install 11 on new wall. Construct reinforced masonry retaining wall per SSPWC Std. plan 618-3, type 35 LF $ $ B. Including all incidentals complete in place, per plans, details, and specifications. Location 4416 Delta Ave. Addendum 2, Attachment A, Page 1 N0. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY PRICE COST Construct reinforced masonry retaining wall per SSPWC Std. plan 618-3, type B with wrought 12 iron fence, driveway gate, including all 60 LF $ $ incidentals, grading, earthwork, complete in place, per plans, details, and specifications. Location: 8405 Wells St. Construct reinforced masonry retaining wall per SSPWC Std. plan 618-3, type B with wrought 13 iron fence, including all incidentals, grading, 86 LF $ $ earthwork, complete in place, per plans, details, and specifications. Location: 4418, 4422, 4426 Delta St. Construct 6 -inch to 18 -Inch high variable 14 retaining curb Including all incidentals complete 780 LF $ $ in olace. ner dans. details, ands ecifications. 15 Remove and Construct 8 -inch -thick Asphalt 140 Ton $ $ pavement per plans and specifications Remove, dispose, and construct colored 16 concrete (sunbaked clay color) crosswalk 1,250 SF $ $ including all incidentals complete in place per detail "E" on sheet D1 andspecifications. 17 Adjust existing utility Pull Box to grade. (Water, 30 EA $ $ Gas, Irrigation) 18 Remove existing and install new mailbox 18 EA $ $ 19 Relocate existing mailbox per detail "H" on 5 EA $ $ sheet D1 Furnish and Install 24 -inch box tree (lagerstroemia indica 'Muskogee' or Cards 20 canadensis 'forest pansy) Including all 14 EA $ $ incidentals complete in place, per plans, details, andspecifications. Furnish and Install 5 -gal hedge tree @3 -feet 21 O.0 (Texas Pivot) Including all incidentals 10 EA $ $ complete in place, per plans, details, and specifications. Remove and relocate existing Mango Tree per 22 SPPWC std. plan 518-3 and tree well std. 519- 1 EA $ $ 3, including all incidentals complete in place per plans, details and specifications. Remove existing and Furnish and Install 1 -inch 23 copper water line including all incidentals 90 LF $ $ complete in place per San Gabriel Valley Water District Standards. Addendum 2, Attachment A, Page 2 BLb76l:4:1 N0. ITEM DESCRIPTION QTY EST. UNIT UNIT PRICE ITEM COST Coordinate with the Water Company for Water Company to Adjust Water Meter to grade, complete in place including new water line, fittings and incidentals per San Gabriel Valley 24 Water District Standards. Contractor shall coordinate with the water company and ensure 11 EA $ $ to maintain water service to the impacted residents at all times during construction, this may include temporary services as necessary, which will be provided by the Contractor. 25 Furnish and Install 1 -inch PVC irrigation Sleeve 300 LF $ $ Coordinate with the Southern California Gas 26 Company to Adjust Gas Meter to grade, complete in place including newgas line, fittings 4 $ $ and incidentals per SCG. Budget Allowance for Water and Gas Meter adjustment reimbursement. The meter adjustment work will be done by the Water Company or SCG. or by Utility Purveyor at direct cost with no markup allowed. Contractor 27 will obtain all necessary permits and approvals 1 LS $35,000.00 $35,000.00 from the Utility Purveyors, and pay for any fees. This budgetary allowance bid item will reimburse the Contractor based on actual cost to obtain all necessary permit approvals from Utility Purveyors. Remove and replace the concrete brick pilasters, and salvage and adjust existing gate 28 to new grade at 4410 Delta. Per detail "P' on 1 LS $ $ sheet D1. Including all incidentals complete in lace, per plans, details, and specifications Signing and Striping Including ADA pavement 29 markings, including all incidentals complete in 1 LS $ $ lace, Der Dlans. details and specifications. 30 Paint All home address numbers on existing curb 1 LS $ $ TOTAL BASE BID AMOUNT IN NUMBERS $ TOTAL BASE BID AMOUNT IN WORDS: Addendum 2, Attachment A, Page 3 n..a-.1 ADDITIVE ALTERNATE BID SCHEDULE SCHEDULE OF PRICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029 N0. ITEM DESCRIPTION QTY EST. UNIT UNIT PRICE ITEM COST 1 Cold Mill existing Asphalt Pavement Tapered Header Cut to edge of gutter from 2 -inch to 0 -inch 6 -feet wide 20,840 SF $ $ 2 Construct 2 -inch -thick Asphalt Pavement ARHM-GG-C (PG 64-16). 810 Ton $ $ 3 Remove, dispose and Construct 8 -inch curb and gutter per SPPWC Std. Plan 120-2, A2-8(200) including all incidentals complete in place as modified per plan, details, and specifications. 390 LF $ $ 4 Adjust existing Utility water/gas valves to Grade 6 EA $ $ 5 Adjust existing Sewer/Storm drain MH to Grade 5 EA $ $ 6 Crack Seal asphalt pavement per standard specifications 1 LS $ $ TOTAL ADDITIVE ALTERNATE BID AMOUNT IN NUMBERS $ TOTAL ADDITIVE ALTERNATE BID AMOUNT IN WORDS: Addendum 2, Attachment A, Page 4 ATTACHMENT B - REVISED TECHNICAL PROVISIONS PER ADDENDUM 2 CITY OF ROSEMEAD DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. P21029 PART "C" TECHNICAL PROVISIONS TP- l TECHNICAL PROVISIONS TP 1 - SITE MAINTENANCE 1.01 General. The Contractor shall maintain the construction site in a neat and orderly condition, free from trash and waste construction materials at all times. Unattended construction materials, equipment, and trash shall be left in a manner to not constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The Contractor shall provide proper barricades with flashing lights properly working and temporary fencing to insure a safe construction site. The Contractor shall maintain the 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 TP -2 provisions of the Standard Specifications for Public Works Construction, 2009 Edition, (hereinafter referred to as the Standard Specifications). The Contractor shall replace or restore existing improvements to their original condition to the satisfaction of the Engineer at no expense to the City. 1.06 Disposal of Removed. Cleared, and Waste Material. All removed, cleared, and waste material shall become the property of the Contractor and shall be disposed of by the Contractor outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. 1.07 Final Clean Up. After completion of all other work required under the contract, the Contractor shall, at no expense to the City, clean up the work site including any and all properties used by the Contractor during construction to the satisfaction of the Engineer. The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or nature which has been moved, damaged or altered in any way by the Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing asphalt pavement or concrete pavement during paving operations. The Contractor shall slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive) all asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on the concrete pavement, Contractor shall sand blast the affected area to its original condition and to the satisfaction of the Engineer or City Representatives at no additional cost. Any and all of these requirements shall be at the Contractor's expense. 1.08 Payment. No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. TP- 2 - CLEARING AND GRUBBING 2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and Grubbing" of the Standard Specifications. In addition, the following items of work are included under Clearing and Grubbing, unless otherwise covered by specific bid items: A. 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: In conformance with the California Integrated Waste Management Act of 1989 (AB -939), the City will require that all construction materials and dirt removed from the project site be deposited at a recycling center. Certification from the recycling center will be required as part of this bid item. TP -3 A. Maintaining dust control at all times by watering. 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. Contractor shall provide a Traffic Control Plan prepared and stamped by a Registered Traffic Engineer for City Approval. C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures. D. Removing, storing, and replacing removable and portable items and their safe handling and keeping. E. Providing temporary pumps, conduits, and any other necessary means to convey waste waters in order to bypass the construction as needed and as approved by the Engineer. F. Saw cutting Portland cement concrete and asphalt concrete pavement for construction of smooth and straight joins. G. Removing, relocating and replacing all sprinkler lines, heads, valves, and other landscaping items interfering with the construction of improvements. H. 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. Restoring landscaping or any other miscellaneous improvements damaged during construction. J. Removing, replacing, tree pruning, backfilling, and compacting miscellaneous earthwork resulting from removing existing improvements that are not replaced and where excavations were made for concrete forming. K. Backfilling areas with clean topsoil; grading to join elevation of newly constructed curb, parkway, sidewalk, and driveway approach; and seeding, watering, and caring for rye grass or approved equal by the Engineer until the grass is established. L. Providing all necessary means to prevent tracking of asphalt oil on existing or new asphalt pavement during the paving operation and for restoring areas where asphalt oil was spilled. M. Coordinating the construction with all utility companies. N. 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. TP -4 O. Providing construction signs as specified in the Special Provisions of these specifications. P. Storing construction equipment and materials. Q. Providing enclosed toilets. R. Obtain services of a Land Surveyor to perform construction staking services of grading and horizontal control. S. Tree removal and Reuse T. Temporary adjustment of the existing Mailbox. Contractor shall temporarily install mailboxes behind the work limits during construction to ensure home continues to receive mail delivery. U. Sand Blast, clean and paint existing guard rail. Paint shall be non -corrosive and anti graffiti. Color specified by City. 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. TP 3 - CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT OF THE PROJECT 3.01 General. Due to the nature of this project involving some inconveniences, the Contractor shall respond to all complaints associated with the project that include any alleged damage to private property and/or vehicles, within 24 hours of notification. Failure to comply with this provision will result in an additional penalty of $50.00 per occurrence. The City reserves the right, after 24 hours of notification, to respond to the complaint and repair the alleged damage. The Contractor shall reimburse the City for all costs involved in addressing the complaint, including any administrative costs incurred by the City. 3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute notices informing those affected that construction will be performed in proximity to their property. The notice shall be distributed not less than 24 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 24 hours prior to performing the work. TP -5 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. TP -6 TP 4 - EARTHWORK, ROADWAY EXCAVATION AND FILL 4.01 General. Earthwork, Roadway Excavation and Fill shall include excavating, removing, hauling, disposing, and placing in fill embankment, using approved materials, to the subgrade elevation indicated on the Plans. Roadway excavation shall include removal of existing soil material, asphalt concrete pavement, Portland cement concrete pavement, roadway base material, curb, sidewalk, and driveway approaches. The work shall also include compacting original ground, providing and placement of fill material, overhauling, finishing roadway subbase, and miscellaneous grading. Earthwork, subgrade preparation, and finishing roadway shall conform to the applicable requirements of Section 300, "Earthwork" and other pertinent sections of the Standard Specifications for the various items involved and the following requirements. The Contractor shall protect all work from inclement weather at all times. In the event of any storm during construction, the Contractor shall provide means to divert runoff water carrying silts, debris, etc., from entering the storm drain system as required by the Clean Water Act and the NPDES. 4.02 Subgrade Preparation. Subgrade preparation shall conform to the provisions of Section 301, "Treated Soil, Subgrade Preparation, and Placement of Base Material" of the Standard Specifications. Subgrade shall be compacted as specified in Section 301-1.3, "Relative Compaction" of the Standard Specifications. Finished subgrades shall not deviate more than 0.02 feet from the theoretical grading plane. 4.03 Unsuitable Material. To the best of the Engineer's knowledge, no unsuitable material will be encountered below the grading plane on this project. However, should unsuitable material be encountered, it shall be removed and replace with select material from the site at the direction of the Engineer all in accordance with the provisions of Section 5 of the Technical Provisions of these Specifications. 4.04 Fill. Fill shall be placed in lifts compatible with the type of compaction equipment used but no greater than 8 inches in thickness, and shall be compacted to a minimum relative compaction of 95 percent relative compaction as specified in Section 301-1.3 of the Standard Specifications. Each fill lift shall be treated in a similar manner. Subsequent lifts shall not be placed until the preceding lift has been approved by the Engineer. Fill soils shall consist of excavated onsite soil or imported soil approved by the soils engineer. All organic or deleterious material shall be removed from the fill material prior to placement and compaction. All imported fill shall be granular and non -expansive or of low expansion potential (plasticity index less that 15%). Rocks, asphalt concrete, and Portland cement concrete larger than 4 inches in diameter shall not be used unless they are sufficiently broken down. 4.05 Safety Precautions. All excavation shall be performed, protected, sheeted, shored, braced, and otherwise supported as required for safety and in the manner set forth in the operation rules, orders, and regulations prescribed by the Division of Industrial Safety of the TP -7 State of California. Barriers shall be placed in such locations as necessary along excavations to warn all pedestrian and vehicular traffic of such excavations. 4.06 De -Watering. The Contractor shall provide and maintain at all times during construction, ample means and devices to promptly dispose of all water from any source entering structural excavation, conduit trenches, or other excavations. De -watering shall be accomplished by methods which will insure a dry excavation, the preservation of final grades, and proper soil conditions. 4.07 Disposal of Excess Excavated Material. All excess excavated material shall become the property of the Contractor and shall be removed from the site and disposed of by the Contractor at no expense to the City. 4.08 Payment. Payment will be made at the lump sum price bid under Bid Item 3 for Earthwork, Roadway Excavation And Fill. 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. TP 5 — COMPACTED SELECTED FILL (If Applicable) 5.01 General. The subgrade under removed curb and gutter, sidewalk, driveway apron, curb ramp, local depression, cross gutter, and street pavement shall be inspected prior to placing forms. Unsuitable subgrade material, as determined by the Engineer, shall be removed and replace with selected fill material and compacted to not less than 95 percent relative compaction as specified in Section 301-1.3 of the Standard Specifications. The extent of removal and replacement shall be determined by the Engineer. 5.02. No separate payment will be made for Compacted Selected Fill. All costs for furnishing all labor, materials, tools to remove the unsuitable subgrade, place and compact selected fill, and complete the work specified, 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. TP 6 - SHORING FOR EXCAVATION 6.01 General. The Contractor shall conform to requirements of State of California Labor Code Section 6500. The Contractor shall obtain approval from the State Division of the Industrial Safety and/or OSHA for shoring to be used in the inspection of the project. 6.02 Payment. No separate payment will be made for Shoring for Excavation. All costs for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in furnishing, installing, and removing shoring for excavations, as specified herein and directed by the Engineer shall be included in the prices bid for the various contract items of work. am TP 7 - REMOVAL, HAULAWAY, AND DISPOSAL OF MATERIALS 7.01 General. The Contractor shall remove, haulaway, and dispose of all existing AC pavement, PCC Pavement, curb, curb and gutter, sidewalk, driveway, storm drain pipe (CMP), catch basins, sewer pipes, and other improvements including barrier poles, landscaping, trees, and irrigation facilities as noted on the Plans and interfering with the new construction unless otherwise noted on the Plans. 7.02 Payment. Payment will be made at the lump sum price bid under Bid Item 2. Payment of the lump sum bid price for furnishing labor, materials, tools, equipment and incidentals, and for doing all work involved as specified herein and directed by the Engineer. TP 8 — COLD MILLING ASPHALT CONCRETE PAVEMENT (If Applicable) 8.01 General. The contractor shall cold mill the existing asphalt concrete pavement as dimensioned on the plan and as directed by the Engineer, all in accordance with Section 302-5.2, "Cold Milling Asphalt Concrete Pavement' of the Standard Specifications. 8.02 Thickness of Cold Milling. The thickness of cold milling shall be as shown on the Plans and corresponds to the thickness of the asphalt concrete overlay. 8.03 Payment. Payment for cold planning asphalt concrete pavement shall be made on square foot basis and at the unit price bid under Alternate Bid Item 1. The unit prices paid shall include full compensation for furnishing all labor, materials, tools, and equipment and doing all work as specified herein and as directed by the Engineer, including removal and disposal of all loosened material, sweeping, and dump fees. TP -9 - COLD PLANING ASPHALT CONCRETE PAVEMENT 9.01 General. The Contractor shall cold plane the asphalt concrete pavement roadway area within the limits of the project as dimensioned on the plan and as directed by the Engineer, all in accordance with Section 302-1 "Cold Milling Asphalt Concrete Pavement' of the Standard Specifications. Cold planning shall be as indicated on the plans. 9.02 Payment. Payment for cold planing asphalt concrete pavement shall be made on a square foot basis and at the unit price bid under Alternate Bid Item No. 1. The unit prices paid shall include full compensation for furnishing all labor, material, tools, and equipment and doing all work as specified herein including removal and disposal of all loosened material, sweeping, dump fees, and incidentals and doing all the work involved as specified herein and as directed by the Engineer. TP -9 TP 10 — ASPHALT CONCRETE PAVEMENT 10.01 General. Asphalt concrete pavement shall be ARHM-GG-C (PG 64-16) and or D1 (PG 64-10) and shall be constructed in accordance with Section 203, `Bituminous Materials" and Section 302-5, "Asphalt Concrete Pavement' of the Standard Specifications and the Plans. 10.02 Asphalt Concrete. Asphalt concrete pavement shall be constructed in accordance with Section 302-5, "Asphalt Concrete Pavement' of the Standard Specifications. Asphalt concrete to be used by the Contractor as part of this work shall be C2 -PG 64-10 or B -PG 64-10 or ARHM-GG-C (PG 64-16) and D1 (PG 64-10) 10.03 Subgrade. Asphalt concrete pavement shall be constructed on crushed miscellaneous base as indicated on the plans and over compacted native subgrade. Subgrade preparation for the pavement shall be as specified in Section 4 of these Specifications. 10.04 Clean Concrete Improvements After Asphalt Concrete Pavement. The Contractor shall remove all asphalt concrete pavement overlay that spills onto the concrete curb gutter, cross gutter, local depression and all other concrete improvements. Removal shall be done as soon as practical after the asphalt concrete pavement has been laid. Any oil or other spillage onto concrete improvements shall also be removed in a manner to leave them completely clean of any paving material. 10.05 Payment. Payment for Asphalt Concrete will be made at the unit price bid under Bid Items 15 and Alternate Bid Item No. 2. The unit prices paid shall also include the crushed miscellaneous base as indicated on the plans and full compensation for furnishing all labor, material, tools, and equipment to complete the work specified herein and as directed by the Engineer, including the costs for removal, disposal, and disposal fees. Subgrade preparation and cleaning of concrete improvements will be included in the cost bid for Asphalt Concrete Pavement. TP 11 - PORTLAND CEMENT CONCRETE AND MASONRY CONSTRUCTION 11.01 General. Portland cement concrete construction shall be in accordance with Section 201, "Concrete, Mortar and Related Materials' and Section 303, "Concrete and Masonry Construction" of the Standard Specification and as specified in the Standard Plans for Public Works Construction (hereinafter referred to as Standard Plans) and details shown on the Plans. The work required includes the removal and replacement of curb and gutter, sidewalk, curb ramps, driveway replacement, cross gutter and local depression and the construction as shown on the Plans. 11.02 Concrete Mix. Concrete for curb and gutter, and local depression, shall be Class 520-C-2500 concrete specified by class in accordance with Section 201-1.1.2, "Concrete Specified by Class and Alternate Class' of the Standard Specifications. TP -10 11.03 Curb and Gutter. Concrete curb and gutter shall be constructed in conformance with Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and Driveways" of the Standard Specifications, shall be per Standard Plan 120-1 and details as indicated on the Plans. Curb and gutter shall be constructed to grade specified on the Plans. Curb and gutter shall not be poured monolithically with adjacent concrete improvements such as sidewalk, driveway approach, curb ramp, etc. and shall be constructed on 4 inches of compacted crushed miscellaneous base. The Contractor shall remove and replace a minimum of a one -foot wide strip of asphalt pavement beyond the edge of the gutter to accommodate the construction of the curb and gutter. Curb and gutter constructed at driveway approach shall be poured separately from the apron and paid for separately. Payment for curb and gutter shall include the crushed miscellaneous base under the curb and gutter and the one -foot space beyond the edge of the gutter for the asphalt pavement. After removing forms for curb and gutter construction at locations where planted parkway is specified, the space behind the curb shall be filled with selected backfill material to the elevation of the top of the curb prior to seeding as specified. 11.04 Sidewalk. Concrete sidewalk shall be constructed in accordance with Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and Driveways" of the Standard Specifications and shall be per Standard Plans 112-1 and 113- 1. All sidewalks shall be 4 inches thick. Weakened plane joints shall be constructed at regular intervals following the pattern of existing sidewalk adjacent to the sidewalk being replaced or in the immediate area. Exposed roots within the subgrade area must be completely removed, voids backfilled and compacted prior to placement of new sidewalk. 11.05 Local Depression. Portland cement concrete local depression shall be constructed in accordance with Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and Driveways" of the Standard Specification and shall be per Standard Plan 313-1. All exposed edges shall be rounded to 1/2 -inch radius. The thickness of the local depression shall be 8 inches constructed on compacted crushed miscellaneous base. The asphalt concrete pavement shall be removed a distance of one foot around the local depression to permit construction. The local depression shall be constructed on compacted crushed miscellaneous base (Minimum 8 in. thick) 11.06 Concrete Pavement. Portland cement concrete local depression shall be constructed in accordance with Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and Driveways" of the Standard Specification and shall be per TP -11 Standard Plan 132-2. 11.07 Curb Ramo. Concrete curb ramp shall be constructed in accordance with Section 303-5 of the Standard Specifications and shall be per Standard Plan 111-2 and 112-1. In addition, the depressed curb and gutter shall be constructed separately from the ramp. The Contractor shall protect in place and adjust valve covers and other structures that may be within the curb ramps area to new grade at locations indicated on the Plans. The Contractor shall include as part of the unit price bid for the construction of curb ramps, curb and gutter along ramps, detectable warning (truncated domes), the cost of removal of curb, sidewalk and asphalt and/or concrete pavement and construction of the curb ramp and asphalt and/or concrete pavement for the entire area affected by the construction of the curb ramp. After removing forms for curb ramp construction, the space left by the form and the area beyond the form that was disturbed due to construction shall be filled with selected backfill material to the elevation of the back of the curb ramp and restored to the conditions prior to construction. Cost for curb ramps shall include the removal and replacement of additional sidewalk between BCR and ECR (both locations). No additional payment will be made for additional sidewalk to be replaced (if necessary) between BCR and ECR and shall be included as part of the Curb Ramp Bid Item. 11.08 Payment. Payment for Concrete Construction will be made at the unit price bids under Bid Items No. 4, 5, 6, 7, 8,14 & 16 and Alternate Bid No.3. The unit prices paid shall include full compensation for furnishing all labor, materials, tools, and equipment to complete the work specified herein and as directed by the Engineer, including the costs for removal, disposal, and disposal fees. The unit price bid for curb and putter includes the cost of crushed miscellaneous base under curb and gutter TP 12- REINFORCED CONCRETE MASONRY BLOCK 12 - GENERAL 12.1 SUMMARY A. Section Includes: 1. Concrete block masonry. 2. Grouting of masonry. 3. Installing reinforcing steel bars in masonry. B. Related Work Specified Elsewhere: 1. Furnishing and delivery of steel bar reinforcing for masonry. 2. Water repellent sealer. 12.2 SUBMITTALS A. Mix Designs: Submit for mortar and grout. 12.3 JOB CONDITIONS TP -12 A. Inspect and verify surfaces to receive Work of this Section. Report all conditions that prevent correct installation of masonry. 12.4 QUALITY ASSURANCE A. Tolerances: Unit masonry shall be placed within 1/8" of dimensions noted. Reinforcement shall be placed within tolerances recommended by ACI Detailing Manual, 1980 Edition, Special Publication, SP -66. B. REFERENCES, CODES AND STANDARDS: The following latest edition of the references, codes and standards are hereby made a part of this Section and work shall conform to the applicable requirements therein except as otherwise specified herein or shown on the Drawings. Latest edition of references and codes adopted by the Governing Agency shall apply. Nothing contained herein shall be construed as permitting work that is contrary to code requirements. 1. California Building Code (CBC) latest edition. 2. ACI 530.1 — Latest Revision, "Specification for Masonry Structures'. PART 2 PRODUCTS 12.5 BASIC MATERIALS A. Portland cement: UBC Std. 19-1/ASTM C150, Type I or II, low alkali; mortar cement or plastic cement not permitted. Use one brand. B. Hydrated lime: UBC Std. 21-13/ASTM C207, Type S. C. Mortar sand: UBC Std. 21-14 and ASTM C144, minimum 4% passing No. 100 sieve, uniformly graded fine to coarse. D. Grout aggregates: UBC Std. 21-19 and ASTM C404, natural, Size No. 1 or No. 2 for fine aggregate, Size No. 8 for coarse aggregate. E. Mortar admix: None without prior approval of Architect and Structural Engineer. F. Grout admix: Sika Chemical Corp. GA Grout Aid, type as required; no substitution. G. Color pigment: Pure ground mineral oxides, non -fading, alkali and lime proof, factory packaged, not more than 3 pounds per sack of cement. H. Control joint filler: Dur -O -Wal 'Rapid Control Joint", wide flange unless regular flange is shown, approved sizes. 12.6 CONCRETE BLOCK MATERIALS A. General: Block shall be as indicated on the drawings and conform to ASTM C90, Grade N-1, steam -cured or yard air cured for 28 days, meeting Quality Control Standards of Concrete Masonry Association, natural cement color smooth faced units unless otherwise indicated or specified. Include matching jamb, lintel, control joint, bond beam, wall cap, and other special shape, type, or size units as required. TP -13 B. Colored Concrete Block: Same as above except integrally colored, color as selected from tan or buff range of colors. C. Slump Stone or Split -Face Concrete Block: Integrally colored of the color as selected from tan or buff range of colors, with approved texture on all exposed faces and ends. 12.7 MORTAR AND GROUT PROPORTIONS AND MIXING A. Strengths: Minimum compressive strengths, 1,800 psi for mortar and 2,000 psi for grout at 28 days unless noted otherwise. B. Proportions: Accurately measure all mortar and grout by the volume method using calibrated containers. Shovel measurements are not acceptable. 1. Mortar: Per 2103.3, one part portland cement, 3-1/2 to 4 parts sand based on dry loose volume, and not less than 1/4 -part nor over 1/2 -part lime. 2. Grout: Per 2103.4, and as follows. Mix with enough water to produce consistency for pouring without segregation. 3. Colored Mortar: Same as for mortar plus add color pigment to produce cured dry color matching concrete unit color and the approved Sample. C. Mixing: Place half of the required water and portland cement, remainder of sand and water, than 5 minutes after all ingredients are charged. sand in an operating machine mixer; then add and then hydrated lime. Machine mix not less D. Retempering: Retemper mortar within one hour after leaving the mixer and maintain high plasticity. Add water in a basin formed in the mortar and rework mortar into water. Discard all mortar that is not used within one hour or that has begun to initially set. EXECUTION 12.8 INSTALLATION OF CONCRETE BLOCK MASONRY A. General: Lay out unit masonry to minimize cutting of units and use of odd joint sizes or bond. Construct all masonry in accordance with Code and Concrete Masonry Association standards for reinforced masonry. Place and embed in masonry anchors, bolts, reglets, sleeves, conduits, and all other items furnished under other Sections, fully grouted in place. Work out details and be responsible for size, position, and arrangement of embedded items and necessary openings. Cut units by machine saw. Install only clean uncracked units. B. Setting: Install masonry to preserve unobstructed vertical continuity of block cells. Full bed face shells and cross webs in mortar. Fill header or end joints solid with mortar to a depth from face of wall or unit not less than the thickness of the longitudinal face shells. Provide corner bond by lapping units in successive vertical courses. C. Cleanout Openings: Provide openings at the bottom of cells containing bar reinforcing, and at each lift or pour of grout exceeding 48" height. Remove all overhanging mortar and other TP -14 obstructions or debris from the interior of block cells. Seal cleanouts with matching whole units and mortar Joints D. Reinforcing: Use deep -cut bond beam units at horizontal reinforcing bars. Install open end units for vertical bars unless otherwise shown. Hold vertical reinforcing bars in correct position at top, bottom, and intervals not over 160 bar diameters between, and secure in place with wood frames or similar devices as required for proper alignment. Install horizontal reinforcement as erection progresses, laps wire tied. Maintain a minimum 3/4" clear space between masonry and bars. Make laps and splices in bars not less than 40 bar diameters unless otherwise indicated. E. Grouting: Fill all cells with grout except where noted otherwise in the drawings. Pour in 4foot lifts, waiting about 1 -hour between lifts. Pour full height in each section of the wall in one work shift. Consolidate grout by puddling or internal vibration, then reconsolidate about 10 minutes later before plasticity is lost. Form horizontal construction joints by stopping the grout pour 1- 1/2" below the top of masonry units. High lift grout placement may be used at Contractor's option as approved by the Architect and Structural Engineer and according to Code. F. Bond and Joints: Lay units with 1/2 -unit running bond, vertical joints in alternate courses aligned and plumb. Make joints uniformly 3/8" size, concealed joints struck flush. Compact and dense concave tool exposed joints with 1-1/2" diameter plastic or similar non -staining tool. G. Weep Holes: Provide 1/4" diameter weep holes at bottom of ungrouted cells of exterior walls, or provide weep holes at maximum 32" centers with drain slots under webs of intervening units. 12.9 WALL CONTROL JOINTS A. Provide for walls where shown, control joint filler placed for full height of each joint. Caulk exterior face of joints with elastomeric sealant. B. Unless lesser distance apart is indicated on the drawings, construct control joints at 40' on centers. 12.9.1 PARGING A. Parge walls wherever required to assure smooth surfaces to receive waterproofing. B. Clean wall surfaces thoroughly. Apply Larson Products Co. Weldcrete bonding agent to surfaces of wall in accordance with manufacturer's instructions. C. Apply parge coat of Type S mortar, conforming to Title 24, Table 21-A (1 part Portland cement, 1/4 to 1/2 part hydrated lime, 2-1/4 to 3 parts fine aggregate) with Laticrete latex admix added per admix manufacturer's directions. Apply in 2 uniform coats to a total thickness of 3/4 inch. Scarify first parging coat to ensure full bond to subsequent coat. D. Use a steel -trowel finish to produce a smooth, flat, dense surface with a maximum surface variation of 1/8 inch per foot. Form a wash at top of parging and a cove at bottom. Damp cure parging for at least 24 hours and protect until cured. Provide nailers if required for attachment of membrane. TP -15 12.10 CEMENT WASH ON WALL TOPS A. Use mortar the matching masonry joints. Trowel dense and smooth with clean edges, sloped as shown or directed, and cross score using an approved tool at nominal 32" centers. As soon as hardened, cover with sealed plastic sheeting and keep moist for at least 10 days after placing. 12.10.1 CURING A. Keep newly constructed masonry damp for 3 days with regulated fog spray of water sufficient only to moisten faces of masonry but not in an amount as to cause water to flow down over masonry. Do not saturate masonry with water for curing or any other purposes and protect from rain or flooding during curing period. 12.10.2 CLEANING A. Clean mortar and grout off exposed surfaces immediately and as the Work progresses. Acceptably repair imperfect joints, holes, defaced units, chipped edges or corners, and all other defects, or replace the defective units as required for approval. Mortar or grout staining on exposed masonry surfaces is subject to sandblast cleaning of the entire surface involved to obtain clean uniform approved appearance, as directed and at no additional contract cost. 12.10.3 FIELD QUALITY CONTROL A. Testing: Testing Laboratory shall test mortar and grout to extent shown, directed, or required by Code. B. Continuous Inspection: Required if indicated, and for high lift grouting operations. 12.11 Payment. Payment for Construct Reinforced Masonry Block Wall and Masonry Retaining wall Construction will be made at the unit price bids under Bid Items No. 10, 11, 12 & 13. The unit prices paid shall include full compensation for furnishing all labor, materials, tools, including wrought iron fence and equipment to complete the work specified herein and as directed by the Engineer, including the costs for removal, disposal, and disposal fees. TP 13 - ADJUST MANHOLE FRAME AND COVER TO GRADE (if Applicable) 13.01 General. All manhole frames and covers shall be marked as to their location by the Contractor prior to placement of the asphalt concrete pavement. Upon completion of the asphalt concrete pavement and after reasonable time is allowed for setting, the Contractor shall raise the manhole frames and covers to grade in accordance with Section 301-1.6, "Adjustment of Manhole Frame and Cover Sets to Grade" of the Standard Specifications. 13.02 Manhole Frame and Cover or Vault. The manhole frame and cover or concrete vaults that are at the finish grade of the street shall be protected along with the vault during the cold milling and paving operations. Payment for protecting vault and manhole will be included in the lump sum for Bid for various items of work. TP -16 13.03 Payment. No separate payment will be made for adjusting manhole frames and covers to grade. All costs for furnishing all labor, materials, tools to remove the unsuitable subgrade, place and compact selected fill, and complete the work specified, 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. TP 14 - ADJUST WATER AND GAS METER COVER TO GRADE 14.01 General. The Contractor shall adjust existing water meters/gas and covers to grade including all fittings and incidentals. Existing covers shall be adjusted to new grade. 14.02 Payment. Payment for adjusting water meter and or gas meters and meter covers will be made at the unit price bid under Bid Item No. 17. The unit price paid shall include full compensation for furnishing all labor, tools, materials and equipment involved in adjusting to grade as specified herein and as directed by the Engineer. TP 15 - STRIPING, PAVEMENT MARKINGS AND APPURTENANCES 15.01 General. Quantities shown are not guaranteed. Striping Details shall conform to the Standard Plans of the State of California, Department of Transportation, latest revision, hereinafter referred to as the Caltrans Standard Plans, and with Section 214, "Pavement Markers" of the Standard Specifications. All of the work performed under this section shall conform to the above stated specifications and plans and to details shown on the Plans and to the satisfaction of the Engineer. 15.02 Painted Striping Markings Markers and Appurtenances. Painted Traffic Pavement Striping, Legends, Markings, Pavement Markers and Appurtenances shall conform to Sections 210-1.6 "Paint for Traffic Striping, Pavement Marking, and Curb Marking" and 214 "Pavement Markers", The Contractor shall apply two (2) coats of water base paint as manufactured by MORTON, Product Number 2675A5 (White), and 2676A (Yellow), for entire project unless otherwise indicated in writing by the Engineer. The layout of all work to be painted shall be inspected and approved prior to painting Any work painted without prior approval of the layout is subject to removal and replacement at the Contractor's expense 15.04 Payment. Payment for Signing and Striping and Appurtenances will be made at the lump sum price bid under Bid Item No. 29. Payment of the lump sum price bid shall include the striping where shown on the plans and full compensation for furnishing all labor, materials, tools and equipment, and doing all work involved as specified herein and as directed by the Engineer. The lump sum price shall also include the preliminary layout/marking of all striping and markings and any adjustments required by the Engineer during the layout operation. TP -17 TP 16 -ORNAMENTAL IRON FENCES 16.01 General. The work shall consist of, but not necessarily limited to, the construction of ornamental iron fences at the location(s) shown on the plans. Unless indicated otherwise, fence shall be constructed in accordance with manufacturer's recommendations. 16.02 MATERIALS 16-02.01 Fence The welded steel ornamental iron picket fencing system shall be Secure -Weld Plus, Western as manufactured by Merchants Metals or approved equal. The color of the fence system shall be Black. 16-02.02 Posts, Rails and Pickets All posts, rails, and pickets used in the fence system shall be extruded from ASTM A500 Cold -Formed Welded and Seamless Carbon Steel Structural Tubing with minimum yield strength of 46,000 psi. Specifications and sizes shall be as shown: Component Size Pickets 3/4" square x-16 gauge Rails _T11Z square x 14 gauge Standard Posts _21 square x 11 gauge Spacing Between Pickets 3 11/16" Post Spacing 94 5/8" on center Height 48" max. Weight Supported per Section of Fence 350+ lbs. Panels, pickets, and flanged posts (if required) shall be of welded construction by the gas metal arc method. Pickets shall be attached to rail in the same manner. No rivets, rods or screws will be acceptable for assembly of panels. Layout and welding shall be done by an experienced craftsman. All flush welds shall be ground smooth. 16-02.03 Fasteners and Accessories. All fasteners shall be galvanized steel. Galvanized steel castings shall be used for all post caps and other miscellaneous hardware. Brackets shall be L-shaped, slide -on type brackets. Brackets shall be attached to the posts with %4' x %" ('/4" x 1" may be substituted) self -tapping tek- screws. 16-02.04 Footings. Portland cement concrete for ornamental iron post footings shall be produced from commercial quality aggregates and cement and shall provide a minimum compressive strength at 28 days of 3,000 psi. 16-02.05 Finish. Finish shall be an eight stage pre-treatment and a four -stage TP -18 corrosion resistant powder coating process or approved equal. The finish shall conform to local environmental air quality standards. Color shall be Black, unless otherwise specified. Finish shall be applied after fabrication. All welds are to receive treatment with a zinc rich -epoxy resin primer applied at a thickness of 2 to 4 mils and over cured at 400° F. The finish coat shall be 2 to 4 mils dry film thickness and shall be a TGIC polyester powder coating that combines hardness and durability. The 12 -step process shall consist of (1) Hot alkaline cleaner, (2) Clear water rinse, (3) Hot iron phosphate application, (4) Clear water rinse, (5) Sealer application, (6) Ring rinse, (7) Deionized water rinse, (8) Drying at 425° F, (9) Zinc enriched epoxy primer powder coat at 2-4 mils, (10) Gel oven heat at 400° F, (11) Ultra polyester finish powder coat at 2-4 mils, (12) Final oven curing at 450°F. 16-03 CONSTRUCTION Fencing indicated on the plans to be removed, shall be properly disposed off site by the Contractor at Contractor's expense. Any existing fence indicated to remain and which have been damaged by the Contractor shall be replaced by him at his expense. All earth, trees, brush and other obstructions which interfere with the proper construction of fences shall be removed and properly disposed of off site by the Contractor. Existing cross fences shall be connected to the new fence where indicated on the plans. Corner posts with braces for every direction of strain shall be placed at the junction with existing fences. Unless indicated otherwise, at structures an end post shall be installed and the fence connected thereto. Install fence per manufacturer's recommendations. Fence post spacing shall be in accordance with the drawings. Footings and post cap sizes shall be as indicated on the drawings. Space posts uniformly in accordance with panel width, unless instructed otherwise. Set posts in concrete. Post holes shall have a diameter 4 times the nominal post size and 6" deeper than the bottom of the post. Forms are not necessary or recommended. Crown concrete at top to shed water. Check each post for vertical and top alignment. Attach brackets using 'V x W tek-screws;'/<" x 1" tek-screws may be used as an alternate. Attach fence panels. Any abrasions or field welds that cause damage to the factory -applied coatings shall be thoroughly cleaned, re -primed, and touched up by the Contractor. The paint used for touch TP -19 up shall be the same quality, color and gloss to provide a match to the manufacturer's finish. Assembled sections shall support a 350 pound vertical load at the midpoint of any horizontal rail. The entire fence system shall have a written 10 Year Warranty against rust and defects in workmanship and materials. Line posts shall be spaced at not more than 8 -foot intervals, measured from center to center of posts. In general in determining the post spacing, measurement will be made parallel to the slope of the natural ground, and all posts shall be placed in a vertical position. All posts shall be set in concrete footings conforming to the details contained in the Caltrans Standard Plans. 16.04 Payment. No separate payment will be made for Ornamental Iron Fences. All costs for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in furnishing and installing, as specified herein and directed by the Engineer shall be included in the prices bid for the various contract items of work. TP -20 ATTACHMENT C - REVISED PROJECT PLANS PER ADDENDUM 2 : Lq Lal is 63 F L-Lxi K 4i CSC�P B�®tleY LL4 1SL8Lx? ®�� 3 zBE®s§y 88m L1YYzl w O Ldi45 555 x°O w®q rilmlovo I i Is y gs L 4L6 ��.0 Ye@@ xbi oz F— y U e W &d e {{ yy W w 1C) U)w j d Z w W d Q Z ? 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I 5 ;I a r g Bg ,{3�ippyp3 ��5 tT 4 �4 gi yiyd�gyg2i db bb b 6 bbbbbbb 6� � !4 .., i R o „ m U 7 F 0 9 `Jill Qo �rr�IEgJ�. �,.: � � �� vii 1• ' i mW ,EY R� Jwui e. � U II 141; �� i i 6' 44 w 2 00 eb xe�€ Lib L ' Mad e^]eP i 4 9 aB w O rc t/1 Q Oow L ` uno W YL ¢ z 0 xoQ N0a „z IL aQ ,OO wpw 0 i NO/SS/H, P I s 8 wGg(®r-,)j% rc i N ^ Q b �4 ® \� 13381S Sll3M SCC y9¢A` 5 A Y� bryay ry@ry N h^ `5q$ t �1 WN 1 �ge�g„5p3F p�p9eYe�;s�36Y � m e $ � I q53 tl (� 3.a' a— xU Attachment C Construction Contract Agreement with FS Contractors, Inc. CONSTRUCTION CONTRACT SR2S — SIDEWALK GAP CLOSURE — DELTA AVE FROM MISSION DR TO WELLS ST PROJECT (FS CONTRACTORS, INC.) PARTIES AND DATE This Contract is made and entered into this 13th day of December, 2022 (Effective Date) by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and FS Contractors, Inc. with its principal place of business at 14838 Bledsoe St., Sylmar, CA 91342 (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the SR2S - Sidewalk Gap Closure - Delta Ave from Mission Dr to Wells St Project 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 FS Contractors, Inc. Page 2 of 11 performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to December 13, 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 Jose Angel Fierros, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and FS Contractors, Inc. Page 3 of 11 procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees FS Contractors, Inc. Page 4 of 11 appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon FS Contractors, Inc. Page 5 of 11 request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed One Million Two Hundred Eighteen Thousand Six Hundred and Seventy Two Dollars ($1,218,672.00) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All FS Contractors, Inc. Page 6 of 11 such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: FS Constractors, Inc. 14838 Bledsoe St. Sylmar, CA 91342 Attn: Jose Angel Fierros Tel: (818) 838-6040 CITY: 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 FS Contractors, Inc. Page 7 of 11 party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or FS Contractors, Inc. Page 8 of 11 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. Nosupplement, modification, oramendment 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 Parry 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 FS Contractors, Inc. Page 9 of 11 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 Parry warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] FS Contractors, Inc. Page 10 of 11 CITY OF ROSEMEAD Ben Kim, City Manager Attest: Date Ericka Hernandez, City Clerk Approved as to Form: uate FS CONTRACTORS, INC By: _ Signature Date Name: Print [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] 0 Rachel Richman, City Attorney Date Name: FS Contractors, Inc. EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL FS Contractors, Inc. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: FS Contractors, Inc. • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies FS Contractors, Inc. using standard ISO endorsement No. CG 2010.. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and. promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. FS Contractors, Inc. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered FS Contractors, Inc. shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Attachment D CEJ Engineers, Inc. Proposal November 21, 2022 CITY OF ROSEMEAD Eddie Chan, City Engineer City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 SUBJECT: CONSTRUCTION MANAGEMENT/INSPECTION, MATERIALS TESTING/INSPECTION SERVICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029; RFP NO. 2022-29 Dear Mr Chan. CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City's safety improvement project. CEJ Engineers specializes in city street design and local agency federally funded projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, master plans, and preparing PS&E for various projects in accordance with local and regional standards and policies. Our familiarity with federally funded projects and the relevant experience of our dedicated and available key personnel, is what best suits CEJ to provide the City with design services for public works improvements design services. Our key personnel has more than 40 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and the Los Angeles County. CEYs personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program. We believe the CEJ team provides the right combination of experienced staff, project understanding, and local knowledge to successfully assist the City of Rosemead with professional engineering services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 667-8676, jcervantes@cej-eng.com. Respectfully Sub Joaquin Cervantes, P.E. Principal CEJ Engineers, Inc. 18800 Amar Rd., Suite B13 Walnut, CA 91789 Engineers • Surrevors • Planners 18800 Amar Rd., Suite B13, Walnut, CA 91789/ 626-667-8676 RDE AD CONSTRUCTION MANAGEMENT/INSPECTION, MATERIALSTESTING/INSPECTION """"" SF ^' ACES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT Table of Contents FirmIntroduction.................................................................................................................................................. 3 Section 1. Approach, and Scope of Work...........................................................................................................4 Section 2. Project Team, Key Personnel and Resumes............................................................................. 5 Qualificationsof Project Team......................................................................................................................... s OrganizationChart...................................................................................................................................................8 Section3. Company Qualifications........................................................................................................................9 DisciplineSpecific Experience.................................................................................................................................9 WorkPreviously Performed......................................................................................................................9 Section 4. References Section S. Standard City Contract and Insurance Requirements......................................................10 Statementof Insurance.................................................................................................................................... 10 ProjectFee............................................................................................................................................................. 10 Engineers • Surveyors • Planners 18800 Amar Rd., Suite B13, Walnut, CA 91789/ 626-667-8676 OSE E CONSTRUCTION MANAGEMENT/INSPECTION, MATERIAt.STEST/NG/INSPECTION " SERVICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT Firm Introduction CEJ is a privately -owned engineering corporation that provides a full range of professional civil engineering dedicated to serving public agencies. CEJ is a certified Small Business Enterprise (SBE) and Disadvantaged Business Enterprise (DBE) that has met the special needs of cities, counties, special districts, as well as state and federal agencies. We offer a full complement of Civil Engineering, Traffic Engineering and Surveying capabilities. Our clients comprise of municipalities, counties, special districts, state agencies, and the federal government in California. CEA Walnut office has a combined staff of professionals, allowing flexibility in staffing to meet any of the City's current or potential needs. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, master plans, and preparing Plans, Specifications, and Estimates (PS&E) for various projects in accordance with local and regional standards and policies. CEJ has experience with county, state, and federal processes, regulations, and administrative procedures. We have worked extensively for and with the County of Orange, County of Riverside, County of Los Angeles, Caltrans, State Water Resource Control Board, and the U.S. Army Corps of Engineers. We are familiar with the funding, permitting, and procedural requirements for Federal, State and grant applications. Our staff has extensive knowledge with CDBG, STIP projects as well as NEPA and CEQA requirements. CEJ'S SERVICES Capital and Public Works Improvements Flood Control Drainage and Storm Drain Design • Hydrology/Hydraulics Studies Sewer and Water Design • Site Development Design Plans • Roadway and Street Design Processing of Plans and Permits Through Other Agencies Technical Specifications and Technical Documents • Storm Water Pollution Prevention Plans (SWPPP's) • Traffic Signal and Lighting Design Signing and Striping Plans • Traffic Control Plans • Traffic Impact Analysis and Modeling Plan Checking Services Pg 3 ,e, J O E . „AD CONSTRUCTION MANAGEMENT/INSPECTION, MATERiALSTESTING/INSPECTION '" _ SERVICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT Section 1. Approach, and Scope of Work CEJ will provide Project management and Inspection services for the subject project as indicated on Plans and Specifications to commence on or about January/February 2023. The major tasks include the following: 1. Conduct a pre -construction meeting and bi-weekly construction meetings with the contractor, City, and other involved parties. Prepare and distribute meeting agendas and minutes. 2. Perform Quality Assurance monitoring, Daily Inspections, and surveillances of the Construction Contractors activities to assure compliance with the design criteria and requirements and the construction Contractors Project Plans; 3. Review construction document transmittals, i.e. shop drawings, Requests for Information, Requests for Change Orders, etc., submitted by the Construction Contractors prior to incorporation into the work; 4. Attend regular progress review meetings with the Construction Contractors to ascertain job progress and identify and resolve problems; 5. Respond to all of the Construction Contractors' Requests for Information; 6. Maintain shop drawings logs, tracking the date submitted by the Construction Contractors, date returned to the Construction Contractors; 7. Process plans and shop drawings submittals in a timely manner, and stamp acceptable documents "Released For Construction"; S. Maintain Request for Information Logs and Request for Change Order Logs, tracking the data submitted by the Construction Contractors and date returned to the Construction Contractors; 9. Respond to every notice of potential claim received from the Construction Contractors and take all steps necessary to mitigate delays and damages; 10. Analyze all of the Construction Contractors' claims and make recommendations for possible resolutions; 11. Maintain an accurate and current record of daily construction progress. Such record shall include daily reports, Resident Engineer's diary, use of photographs, minutes of all meetings and correspondence files; 12. Maintain Project Files, which shall contain all data pertinent to the work and to the requirements of the specifications. In general, project files will support adequacy of file control, conformance to contract specifications, and contract payments to the contractor. 13. Provide inspection and enforcement of NPDES, and SWPPP. 14. Provide public relations and outreach services. The project involves relocation of existing improvements (including but not limited to fences, walls, mailboxes, landscaping) currently encroaching into public right of way back to private property. 15. Respond to inquiries and providing responses to public, City and other parties. 16. Conduct project walk-through(s) and prepare punch list(s). 17. Prepare project close out, necessary documents, final invoicing. 18. Provide soils/materials inspection and testing services. 19. Collect all Quality Assurance records including As -Built drawings, test reports, As -Built drawings (final revisions) shall be supplied by the Construction Contractors based on the as built conditions; Pg 4 OSE E CONSTRUCTION MANAGEMENT/INSPECTION, MATERlAL5TE5TING/INSPECTION �-/ """" SERVICES FOR DELTA AVENUE SR25 SIDEWALK GAP CLOSURE PROJECT Geotechnical Services Soils/materials inspection and testing services SASSAN Geosciences, Inc. (SAS), as Consultant, along with its subcontractors, will perform the activities described in the attached scope of work. Observation, testing of materials and compaction testing during construction for retaining walls, grading and driveway construction and as directed by City Engineer. The scope of services includes performing a series of geotechnical filed tests followed by daily field notes. In addition, if the City requires a final compaction report, a report including our final compaction report will be included, as well. This final compaction report will include the study methodology, laboratory analyses and our recommendations Section 2. Project Team, Key Personnel and Resumes Qualifications of Project Team CEJ is highly capable and qualified to perform the tasks outlined in the RFP. We are confident that our qualifications listed throughout this proposal will further illustrate our ability to meet the City's expectations for responsiveness, quality, level of service, expertise and commitment. A successful partnership for the type of services being requested by the City of Rosemead involves choosing the appropriate Project Manager and team with diverse capabilities. Team members need the experience and knowledge to quickly resolve design challenges and field issues, but they also need excellent communication skills to interact with the various parties that become involved. Supervision and Team Management The personnel assigned to this project are the same personnel who have successfully completed design, survey, project management and state permit applications for numerous projects in California. CEJ offers a qualified team of professionals with the technical qualifications and diverse capabilities necessary to undertake the design for the City's project. The following briefly outlines the responsibilities and qualifications of each of our team members. These individuals are committed to this project for its duration. Key Personnel Project Manager Joaquin Cervantes, CEJ's proposed Project Manager for this project will remain in this position and as the key point of contact. 0 Pg S IOn O E E CONSTRUCTION MANAGEMENT/INSPECTION, MATERIALSTESTING/INSPECTION 1-11-1-- SERVICES FOR DELTA AVENUE SR1S SIDEWALK GAP CLOSURE PROJECT Mr. Joaquin Cervantes, P.E., has over 25 years of experience. Mr. Cervantes will be assigned as our Project Manager for this project and as Principal of CEJ Engineers; he will have the authority to negotiate on behalf of the Company. He has extensive experience with various city capital improvement projects including several storm drain and flood control projects. He will be the primary point of contact with the City and will be supported by the staff resources of the firm. He has over eighteen years of civil engineering experience. Mr. Cervantes has assisted in the design and preparation of plans and specifications for street improvements, hydraulics, drainage, engineering planning, flood control, storm drain, sanitary sewer, highway interchange projects for numerous public agencies in Southern California. Education: 1998 B.S, Civil Engineering California State Polytechnic University, Pomona, Registration: California No. C70635, Civil Mr. Miguel Esparza, P.E, QSD, will serve as the lead civil staff design engineer and is a Senior Engineer with CEJ Engineers, Inc. He has over 20 years of experience in civil engineering specifically in highway, street improvement, and traffic engineering projects. His experience also includes highway/street design, alternative studies, utility coordination, Storm water Pollution Control Plans (SWPPP) cost estimating, grading, railroad grade separations, stage construction/traffic handling, and detour plans. Education: 1998 B.S, Civil Engineering California State Polytechnic University, Pomona 2001 M.S. Civil Engineering California State University, Long Beach Registration: California P.E Public Works Inspector Mr. Alfred Guzman, will serve as the Public Works Inspector. Mr. Guzman has over 40 years of experience in Public Works Inspection, specifically in street improvements, utility improvements, and City wide HSIP projects. His experience includes Public Works Inspection, in major CIP projects, and Street Rehabilitation Projects. Mr. Guzman Supervises and manages public works construction projects and has extensive experience with all applicable Caltrans and Federal regulations for STPL, ATP, SRTS and federally funded projects. This entails assuring contractor's work conforms to the project specifications and is accomplished by inspecting the contractors work on a daily basis; by keeping a daily record of instructions and directions given to the contractor regarding plan and specification interpretation and any required change orders to ensure that the City's project is under budget. Education: 1972 A.S, Los Angeles City College, Los Angeles Staffing Availability CEJ recognizes that the key to successful project execution is dependent upon the key personnel and how they will manage their time to participate in the Construction project. CEJ will dedicate the appropriate staff on the projects and insure that the staff has the required schedules to be able to properly Manage the project. Below is a table indicating the staff availability. Pg 6 i„ i( O E AD CONSTRUCTION MANAGEMENT/INSPECTION, MATERMLSTESTING/INSPECTION SERVICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT Key Personnel Role Availability Joaquin Cervantes, P.E I Project manager 90% to 100% Miguel Esparza, P.E Design Engineer 60% to 80% Alfred Guzman Public Works Inspector 100% As demonstrated in the above descriptions of our key personnel, CEJ is proposing experienced personnel that will provide best practices to every task. Our key personnel, backed by experienced support personnel, are assigned lead roles to ensure continuity across all services. Pg 7 ,J a•0 O E µEAD CONSTRUCTION MANAGEMENT/INSPECTION, MATERIALSTESTI.NG/INSPECTION SERVICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT Organization Chart The Organizational chart below shows the key members of the CEJ Team and their respective roles in providing professional CM and Inspection services to the City of Rosemead. ORGANIZATION CHART CIPT Pg 8 Cos -&A CONSTRUCTION MANAGEMENT/INSPECTION, MATERIALSTESTING/INSPECTION SERVICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT Section 3. Company Qualifications Discipline Specific Experience CEJ has an accumulated a wealth of relative experience that makes us especially suited for a wide variety of projects. Our team works for various cities in the Los Angeles and Orange County. Our current contract has familiarized our support staff with many required codes, policies and procedures. Our support staff has ranged from counter support and staff augmentation through complete complex project compliance reviews. Work Previously Performed The following demonstrates our record of success for projects similar to those in nature that we are proposing to provide to the City of Rosemead. See Table Below Section 4. References Project Client Contact Information Project Description Citrus Avenue Street City of Covina Rafael Fajardo, (626) 384 Citrus Avenue. Project Includes Street, SW Rehabilitation Project 5489 improvements, PCC concrete pavement improvements. CEI provided Design, CM 125. College St and Inspection Services HSIP Rosemead Blvd City Of Chris Marcarel/o, (626) 569- Rosemead Blvd (State Route 164). Project Improvement Project Rosemead 2151 Includes Street, SW improvements, PCC concrete pavement improvements and 8838 E. Valley Blvd signal modifications. CEI provided surveying, civil design, signal modifications, CM and Inspection preparation and approval of E-76 Authorization construction package thru Caltrans ($900k) Annual Resurfacing City of San Ying Kwan (818) 898-1225 Prepared plans for Rehabilitation project. Project. FY2016-17 Fernando Construction consist of street 117 Mocnei/Street improvements, AHRM, PCC Pavement, 3,000 LF water line, catch basin drainage, Son Fernando, CA 91340 water curb and gutter, curb ramps, driveways, and irrigation, landscape and signal modifications. ($1.8 million) CIPT pg 5 Ifigh O E . EA CONSTRUCTION MANAGEMENT/INSPECTION, MATERIALSTESTING/INSPECTION SERVICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT Section 5. Standard City Contract and Insurance Requirements Statement of Insurance CEJ had reviewed the City Contract and Insurance Requirements. CEJ carries Professional Liability, General Liability, Automobile and Workers Compensation insurance. Each policy has a limit of $2,000,000 per occurrence with an annual aggregate of $4,000,000. All of our insurance carriers have an A10 rating or better. The insurance policy is renewed on an annual basis. Section 6. Addenda Acknowledgement CEJ had Acknowledged and reviewed Addendum No. 1. Project Fee Proposed fee is enclosed in a separate document. See attachment exhibit "B Pg 16 .J EXHIBIT "B" November 28, 2022 CITY OF ROSEMEAD Eddie Chan, City Engineer City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 SUBJECT: FEE PROPOSAL FOR CONSTRUCTION MANAGEMENTIINSPECTION, MATERIALS TESTINGIINSPECTION SERVICES FOR DELTA AVENUE SR2S SIDEWALK GAP CLOSURE PROJECT FROM MISSION DR TO WELLS STREET PROJECT No. 21029; RFP NO. 2022-29 Dear Mr. Chan, CEJ Engineers is pleased to have the opportunity to submit this FEE proposal for professional CM and Inspection services related to the City's project. Proposed Fee Our proposed Base Fee is based on the proposal required format and is not to exceed lump sum fee amount of $76,800.00 based on established hourly rates. Respectfully Submitted, Joaquin Cervantes, P.E. Principal CEJ Engineers, Inc. 18800 Amar Rd., Suite B13 Walnut, CA 91789 Attachments: Proposal Base Fee Summary Schedule of Hourly Rates EXHIBIT "B" CLIENT: PROJ: JOB NO: DATE: - :• Task 1 Class City of Rosemead Delta ave CM and Inspections 11/28/22 CONSTRUCTION MANAGEMENT PosifionIName CEJ Engineers Incl SUMMARY PROPOSAL FEE Hours Rate Subtotal B Construction Manager 60 $160 $9,600 B Design Enineer (Engineering During Construction 20 $140 $2800 B Designer/CARD Drafter As -Built Plans 12 $110 $1,320 LABOR Task 2 INSPECTION SERNACES Subtotal $13,720 B Senior Public Works Observer 360 $120 $43,200 LABORB Subtotal $43,200 Reproductions and reimbursables estimated $1,880 $1,880 Plans, reports, Dai s, Etc Subtotal $1,880 date: Estimation based on a 40 working day PLojeat SchadLLIe LABORTime B Geotechnical Services : Material and Compaction Testing $18,000 $18,000 Subtotal $18,000 PROPOSEDIFEE PROPOSED FEE: Proposal B / Project Manager: Joaquin Cervantes P.E 76,800 EXHIBIT "B" CEJ ENGINEERS, INC. Effective July 1, 2022 to June 30, 2023 Hourly Rate Schedule Principal Engineer.....................................210.00 plus 10% Project Manager ....................................... 190.00 Senior Project Engineer ........................... 180.00 Senior Engineer ...................................... 160.00 Associate Engineer .................................. 150.00 Design Engineer ...................................... 140.00 Designer/CADD Drafter .......................... 110.00 ClericaUTechnical Aide .............................. 90.00 LANDSCAPE ARCHITECTURE Senior Landscape Architect ......................120.00 Associate Landscape Architect ................ 105.00 REIMBURSABLE EXPENSES Senior Surveyor........................................200.00 plus 10% Senior Survey Analyst..............................160.00 130.00 Survey Analyst II ......................................150.00 rate Survey Analyst I .......................................130.00 Survey Party Chief ...................................140.00 Cost Field Party (Three) ...................................260.00 Cost Field Party (Two)......................................220.00 Field Party (One)..................................130.00 Construction Manager..............................160.00 plus 10% Supervising Public Works Observer ......... 130.00 Senior Public Works Observer.................120.00 rate Public Works Observer.............................110.00 Construction Engineer..............................100.00 Reproduction....................................Cost plus 10% Subconsultant Services ..................... Cost plus 10% Automobile Transportation ..................Current rate Delivery, Freight, Courier.....................Cost Agency Fees .................................... Cost Commercial Travel / Subsistence......... Cost Additional billing classifications may be added to the above listing during the year as new positions are created. The above schedule is for straight time. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus ten percent (10%). A subcansultant management fee of len percent (10%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination., the rates may be raised once per year to the value of change of the Consumer Price Index for the Los Angeles/Orange County area, but not more than five percent per year. Attachment E Professional Services Agreement with CEJ Engineers, Inc. A,0 L /IT \ PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT/INSPECTION, MATERIALS TESTING SERVICES FOR SR2S - SIDEWALK GAP CLOSURE - DELTA AVENUE FROM MISSION DR TO WELLS ST PROJECT PROJECT No. 21029; RFP NO. 2022-29 (CEJ ENGINEERS, INC.) 1. PARTIES AND DATE. This Agreement is made and entered into this this 13th Day of December, 2022 (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and CEJ Engineers, Inc with its principal place of business at 18800 Amar Road, Suite B13, Walnut, CA 91789 ("Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Construction Management/Inspection, Materials Testing/Inspection consulting services to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render Construction Management/inspection, Materials Testing Services for SR2S - Sidewalk Gap Closure - Delta Avenue from Mission Dr to Wells Street Project ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services: Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Construction Management/inspection, Materials Testing services necessary for the Project, herein referred to a "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from the Effective Date shown above to December 13, 2023, at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements: All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: Consultant hereby designates Joaquin Cervantes, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with applicable local state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any liability to the extent found to be arising out of any failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Seventy -Six Thousand and Eight Hundred Dollars ($76,800.00) and in accordance with consultant's proposal dated November 28, 2022. Consultant's proposal is hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At anytime during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices: All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: CEJ ENGINEERS, INC. 18800 Amar Road, Suite 1313 Walnut, CA 91789 Attn: Joaquin Cervantes Tel: (626) 667-8676 rej1ra City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, City Manager Tel: (626) 569-2100 Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. The Documents & Data are intended for use solely with respect to the project for which they were prepared. Any reuse or modification by City shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. 3.5.6 Indemnity and Defense. a. Indemnity and Defense To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant's duty to indemnify and hold harmless Agency shall not extend to the Agency's sole or active negligence. b. Duty to Defend In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant's cost or at Agency's option, to reimburse Agency for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency's defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next Page] CITY OF ROSEMEAD Ben Kim, City Manager Date Attest: Ericka Hernandez, City Clerk Approved as to Form: Rachel Richman City Attorney CEJ ENGINEERS, INC. By: Name: Title: Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: Name: Date Title: EXHIBIT A SCOPE OF SERVICES/ RATE SCHEDULE EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross - liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend the Named Insured. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 (or otherwise consistent with the insurer's endorsement). Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period} that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. A ten (10) day notice to City shall apply to nonpayment of premiums. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage (except Professional Liability and Workers' Compensation) required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve Attachment F Resolution No. 2022-65 RESOLUTION NO. 2022-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, TO AMEND THE FISCAL YEAR 2022-23 CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATE ADDITIONAL FUNDS FOR THE SAFE ROUTES TO SCHOOL — SIDEWALK GAP CLOSURE — DELTA AVENUE FROM MISSION DRIVE TO WELLS STREET PROJECT NO. 21029. WHEREAS, the City Council adopted the Fiscal Year 2022-23 Operating and Capital Improvement Program budgets on June 14, 2022; and WHEREAS, the Fiscal Year 2022-23 budget included funding for Safe Routes To School — Sidewalk Gap Closure —Delta Ave from Mission Dr to Wells St Project ("Project') in the amount of $1,175,000; and WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget; and IN: I al901.4 au I a!v NZy I W9616111Kll111.1 a1:7 a -we .7 Wie) KTA 9_13mmYltll RKSM11113 SECTION 1: The City Council hereby approves an appropriation in the amount of Two Hundred and Forty -Five Thousand Dollars ($245,000) in Measure R Funds to increase funding for the Project, for a total Project budget of $1,420,000. SECTION 2: The City Clerk shall certify the adoption of this Resolution. [signatures on next page] PASSED, APPROVED AND ADOPTED this 13`^ day of December 2022. ATTEST: Rachel H. Richman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) Sean Dang, Mayor APPROVED AS TO FORM: Ericka Hernandez, City Clerk I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2022-65 was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 13th day of December, 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk