CC - Item 4I - Garvey Park Tennis Courts Resurfacing Project - Project No. 39907 - Award of Contract and Adopt Resolution No. 2023-06ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: JANUARY 10, 2023
SUBJECT: GARVEY PARK TENNIS COURTS RESURFACING PROJECT -
PROJECT NO. 39007 — AWARD OF CONSTRUCTION CONTRACT AND
ADOPT RESOLUTION NO. 2023-06 TO APPROPRIATE STREET
LIGHTING DISTRICT FUNDS TO SUPPORT PROJECT FUNDING
SUMMARY
As part of the City's Fiscal Year 2021-22 Capital Improvement Program, the City Council
approved the Garvey Park Tennis Courts Resurfacing Project. The Project includes removal of
existing paint and resurfacing the existing five (5) tennis courts at Garvey Park with acrylic color
coating, and installation of new striping for five (5) tennis courts and four (4) pickleball courts. On
November 16, 2022, staff published a Notice of Inviting bids for construction of the Project. On
December 8, 2022, the City received one (1) sealed bid. Based on staffs bid analysis, the bid
submitted by Trueline Construction & Surfacing, Inc. in the amount of $76,440 is determined to
be the lowest responsive bid. The Project is funded with Street Lighting District fiends in the total
project amount of $50,000. Staff is requesting the approval to appropriate an additional $40,000
in Street Lighting District funds to increase the total project budget to $90,000.
DISCUSSION
On November 16, 2022, staff published a Notice Inviting Bids for construction services. Bids were
received through the City's Planetbids portal until 10:30 a.m. on Thursday, December 8, 2022.
The City received one (1) bid with the following results:
Contractor (from low to high amount) Location Bid Amount
Trueline Construction & Surfacing Inc Riverside CA 1 $76,440
Staff conducted a bid analysis for apparent low bid submitted by Trueline Construction &
Surfacing, Inc. and verified CA contractor's licensing, Department of Industrial Relations (DIR)
registration, state and federal debarment files, and references. The bid submitted by Trueline
Construction & Surfacing, Inc. in the amount of $76,440 is determined to be the lowest responsive
bid.
AGENDA ITEM 4.I
City Council Meeting
January 10, 2023
Page 2 of 3
STAFF RECOMMENDATION
It is recommended that the City Council:
Authorize the City Manager to execute a construction contract with Trueline Construction
& Surfacing, Inc. in the amount of $76,440. In addition, authorize an amount of $7,644
(10%) as a contingency to cover the cost of unforeseen construction expenses, for a total
construction budget of $84,084; and
2. Adopt Resolution No. 2023-06 amending the City's Fiscal Year 2022-23 CIP Budget to
appropriate additional funds in the amount of $40,000 from the Street Lighting District
Funds to increase funding for the Garvey Park Tennis Courts Resurfacing Project, for a
total Project budget of $90,000.
FINANCIAL IMPACT
The Project is included in the Fiscal Year 2022-23 CIP budget and consists of $50,000 in Street
Lighting District Funds. Staff is requesting to appropriate an additional $40,000 in Street Lighting
District Funds to increase the total Project budget to $90,000. Sufficient funding is available in
the Street Lighting District Funds to appropriate the necessary budget required to complete the
Project.
The total estimated construction cost for the project is as follows:
Construction Contract
$76,440
Construction Contingency 10%
$7,644
Total Construction Budget
$84,084
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.
City Council Meeting
January 10, 2023
Page 3 of 3
Prepared by:
Edre Chan, P.E., T.E.
City Engineer
Submitted by:
�y�:cii¢ae t.�uirQ-
Michael Chung, P.E.
Director of Public Works
Attachment A: Trueline Construction & Surfacing, Inc. Bid Proposal
Attachment B: Project Bid Package
Attachment C: Construction Contract Agreement with Trueline Construction & Surfacing, Inc.
Attachment D: Resolution 2023-06
Attachment A
Trueline Construction & Surfacing, Inc.
Bid Proposal
BIDDER: Trueline Construction & Surfacing, Inc
CITY OF ROSEMEAD
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
SECTION l - BID SCHEDULE
CONTRACT BID FORMS
CBF -1
BIDDER: Trueline Construction & Surfacing, Inc.
BASE BID SCHEDULE
SCHEDULE OF PRICES FOR
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT Nn. i9N17
NO.
ITEM DESCRIPTIONT
amounts and words shall goverin over fi ures.
UNIT
UNIT
PRICE
ITEM
COST
D. Construction Staking by Land Surveyor
Removal of all coatings, striping, r
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.
resurface five (5) tennis courts withHardcourt
Surface System per maspecifications
(See Technical ProvInstallation
of new tenn s court striLS
standard layout provided on the Technic
$ 76,440.00
$ 76,440.00
Provisions. All 5 courts will receive tennis court
striping, and the last court on the East side will
also receive piddeball courts striping on top of
tennis court striping, per specifications.
TOTAL BASE BID AMOUNT IN NUMBERS
$76,440.00
TOTAL BASE BID AMOUNT IN WORDS: Seventy Six Thousand Four Hundred
o oars ------------
The award of Contract shall be based on the TOTAL BASE BID AMOUNT only.
In the case of discrepancies in the amount of bid, unit prices shall govern over extended
amounts and words shall goverin over fi ures.
Full compensation for the items listed to the
right as Items A, B, C, D and E are considered
as inclusive in each Bid Item listed above in
the Base Bid Schedule and Additive Alternate
Bid Schedule as applicable, and no additional
and/or separate compensation will be allowed.
A. Mobilization / Demobilization
B. Traffic Control
C. NPDES, W WECP, and Best Management
Practices (BMPs), Public Convenience and
Safe
D. Construction Staking by Land Surveyor
E. Clearing and Grubbing
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.
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BIDDER: Trueline Construction 8 Surfacing, Inc.
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 orices.
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 auantitieS of wnrk catkfaltnAl,r n.,,,, I. +e A
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
o etc) Dollars ($ ) said amount being not less than ten
percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained
by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required
bonds, certificates and endorsements of insurance and other certifications within the time provided.
If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be
prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award
for the Contract, and will deliver to the Owner within that same period the necessary original
Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all
other documentation and certification required by the Contract.
The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the
Business and Professional Code), arising from purchases of goods, materials or services by the
Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to he Contractor.
Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence
satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2)
evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract
resulting therefrom; and (3) any other information and documentation, financial or otherwise,
needed by Owner to award a Contract to the lowest responsible and responsive bidder.
Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts
of five hundred dollars ($500.00) per calendar day if project is not completed within the working
do........e..:r-A -_ ar__ fir_..__ r.. .. . — - -_
the Contract Form and the Contract Documents
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BIDDER: Trueline Construction & Surfacing, Inc.
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.
CBF -4
BIDDER: Trueline Construction & Surfacing, 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: Ed Kruse
Date of Inspection: December 1, 2022
ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of the following Addenda and has included their provisions in
this Proposal:
Addendum No. -0-
Addendum No.
Addendum No.
Dated
Dated
Addendum No. Dated
CBF -5
BIDDER: Trueline Construction & Surfacing, 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 Califomia that
the bidder has _ , has not xx 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 xx
If the answer is yes, explain the circumstances in the following space.
CBF -6
BIDDER: Trueline Construction & Surfacing, 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 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 -7
Type or Print Name
Vice President
Title
BIDDER: Trueline Construction & Surfacing, Inc.
12397 Doherty Street
Business Street Address
Riverside, CA 92503
City, State and Zip Code
951-817-0777
Telephone Number
Bidder's/Contractor's State of Incorporation: California
Partners or Joint Venturers:
Bidder's License Number(s): 662625
Department Industrial Relations
Registered No. 1000006579
NOTES:
1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of
the representations made on the Contract Bid Forms.
2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the Instructions to Bidders, Bidder will be
required to provide evidence that the person signing on behalf of th
corporation, partnership or joint venture has the authority to do sc
CBF -8
BIDDER: Trueline Construction & Surfacing, Inc.
SECTION 2
BID DATA FORMS
CBF -9
BIDDER: Trueline Construction & Surfacing, Inc.
Bond No. BB2020307
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 Trueline Construction & Surfacing Inc. ,
as Principal, and American Contractors Indemnity Company
, as Surety, are held firmly bound unto the
CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of
Ten Percent DOLLARS
($ t0% ), 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 GARVEY PARK TENNIS COURTS RESURFACING
PROJECT as set forth in the Notice Inviting Bids and accompanying Bid
Documents, dated DECEMBER 8, 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 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 30th day of November 2022
Amedcan Contre
Surety
y•
Signature
CBF -10
TOKIOMARINE
HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
PAUL S. DITO
its true and lawful Attomey-in-Fact, with full authority to execute on its behalf bond number BB2020307
issued in the course of its business and to bind the Company thereby, in an amount not to exceed
One hundred thousand and 00/100 ( $100.000.00 ).
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 151 day of
September, 2011.
"Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be
and is hereby vested with full pourer and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge
and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings,
including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,
and any and all notices and documents canceling ortenninating the Company's liability thereunder, and any such instruments so executed
by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate
Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."
The Attomey-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this
bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by
its President on this 18th day of April, 2022.ncro
•e,I" A _. Rr�yo -
?% ' :@
State of California AMERICAN CONT R�ICTO S INDEMNITY COMPANY
=ter :__ Jn-fir(
County of Los Angeles ' f,"' _:. *"o i� By. ?tA
Adafn S. Pessin, President
urunm
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.
On this 18th day of April, 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of
American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SOMu O. GCPEIL
r Hyyy Ntll[GIIIomY
I:W1YQdM WMtl f
Signature (seal) m.wwm raon,e -
,ytarm r,pnneyr �). wre
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the
resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that
neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my Land this 30th day of November 2022
"1Fti0 no,.
Bond No. 662020307
=V: [tOXFOM'ED :_
'
Agency NO. 9007 3 W'. SEPT. es. 1", i <_' Kio Lo, AS nt Secretary
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visit tmhcc.com/surety for more information
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the 1
Ldocument to which this certificate is attached. and not the truthfulness, accuracy, or validity of that document.
State of California
County of - Orange
On �uCzr+19-,' 3v Z.d ZZ -
- �. __ __ before me,
Date
personally appeared
Angela Kim, Notary Public
Here Insert Name and Title of the Officer
Paul S. Dito
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(tf) whose name(* is/X;v
subscribed to the within instrument and acknowledged to me that he/aft#M§ E executed the same in
hisXW/*XXauthorized capacity00), and that by his/lt 4tti ft signature(&) on the instrument the person(4,
or the entity upon behalf of which the person(Q acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and cal seal.
?vCn
0,-, rJ�f:S
Signature
7t a[am-.[sm-ssMaY'-20-5
R'^_-=---sem•, Signa tur
o/ N Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:Bond_j3 aZOZ-O 30�_ Document Date:
Number of Pages: —__ Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer — Title(s):. Corporate Officer — Title(s):
Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator
Other: - - __ Other:
Signer Is Representing: _ Signer Is Representing:
(02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
BIDDER: Trueline Construction & Surfacing, Inc.
2.B LIST OF PROPOSED SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100
through 4114 of the California Public Contract Code, and any amendments thereto, each
Bidder shall provide the information requested below for each subcontractor who will
perform work, labor or render service to Bidder in or about the construction of the Work
in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total
Bid Price, or, in the case of bids or offers for the construction of streets or highways,
including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten
thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of
the Work which will be done by each subcontractor. Bidder shall list only one
subcontractor for any one portion of the Work.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow
Bidders twenty-four (24) additional hours after the deadline for submission of bids to
submit the information requested by the Owner about each subcontractor, other than the
name and location of each subcontractor.
If the Bidder fails to specify a subcontractor for any portion of the Work to be performed
under the Contract, it shall be deemed to have agreed to perform such portion itself, and
shall not be Permitted to subcontract that portion of the Work except under the conditions
hereinafter set forth below.
Subletting or subcontracting of any portion ofthe 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 -11
BIDDER: Trueline Construction & Surfacing, Inc.
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: NONE
Address:
License No.:
Department of Industrial Relation Registration No.
Name and Location Description of Work
of Subcontractor to be Subcontracted
License No.:
Department of Industrial Relation Registration No..
Name and Location
of Subcontractor
Address:
License No.:
Description of Work
to be Subcontracted
Department of Industrial Relation Registration
Name and Location
of Subcontractor
Name:_
Address:
Description of Work
to be Subcontracted
License No.:
Department of Industrial Relation Registration
Name and Location
of Subcontractor
Address:
Description of Work
to be Subcontracted
License No.:
Department of Industrial Relation Registration
CBF -12
BIDDER: Trueline Construction & Surfacing, Inc.
2.0 REFERENCES
The following are the names, addresses and telephone numbers for three public agencies for which
BIDDER has performed similar work within the past two (2) years:
1.
Antelope Valley Unified School District, 44811 N. Sierra Hwy, Lancaster, CA 93536
Name and Address of Owner
Mat Havens, 661-942-8496
Name and telephone number of person familiar with project
289,580.00
Contract amount
2.
Resurface 34 Tennis Courts
Type of Work
University of Southern Calffomia, 3434 S. Grand Avenue, Los Angeles, CA
Name and Address of Owner
Alissa Giel, 323-401-2237
Name and telephone number of person familiar with project
1/28/2022
Date Completed
90,116.00 Resurface 6 Tennis Courts 7/29/2022
Contract amount Type of Work Date Completed
3.
Conejo Valley Unified School District, 750 Mitchell Road, Newbury Park, CA 91320
Name and Address of Owner
Michael Stanford, 805-857-6724
Name and telephone number of person familiar with project
90,430.00 Resurface 8 Tennis Courts 9/25/2022
contract amount Type of Work
CBF -13
Date Completed
BIDDER: Trueline Construction & Surfacing, Inc
4' Sweetwater Union High School District, 1130 Fifth Avenue, Chula Vista, CA 91911
Name and Address of Owner
Frank N
Name
619-691-5565
telephone number of person familiar with project
209,880.00 Resurface 9 Tennis Courts 12/1/2022
Contract amount Type of Work
CBF -14
Date Completed
BIDDER: Trueline Construction & Surfacing, Inc.
SECTION 3
NON-COLL USION AFFIDA VIT
CBF -15
BIDDER: Trueline Construction & Surfacing, Inc.
NON -COLLUSION AFFIDAVIT
In accordance with Public Contract Code Section 7106, the undersigned, being first duly
swom, 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.
Typed or Printed Name
Vice President
Title
Trueline Construction & Surfacing Inc.
Bidder
Subscribed and swom before me
This (p day of 72CCm bZ✓ 20&a
(Seal)
Notary Public in and for
the State of California See attached
My Commission Expires: D 2�-uA'?U
CBF -16
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
Subscribed and sworn to (or affirmed) before me on this (0
day of December , M 22 , by,cL" et A,; eh py c
proved to me on the basis of satisfactory evidence to be the
person(s) who appeared before me.
A LOPEZ
COMM. /2401974
NDWYPA6W-CWWft
9Rp 8rcfiN�RDINO COUNTY �gg
X41 C= Elm. AW9 21, 2029oea j
ooeeoaoaoaaeaaoa0000a
(Seal) Signature_Ll
See attached
TrueLine��
CO® CrION 8c SURFAC G
AM GAME COURT SURFACING
k WMGSCRESNS
12397 Doherty Street, Riverside, CA 92503
951-817-0777, fax 951-817-0770
December 5, 2022
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
RE: Garvey Park Tennis Courts Resurfacing Project 39007
Dear City of Rosemead,
This document serves as a Certification that Janet Bangs is authorized to sign and contract
on behalf of Trueline Construction & Surfacing, Inc. Janet Bangs is a corporate officer of
Trueline Construction & Surfacing, Inc. and is the Vice President and Secretary.
Contact Information for Janet Bangs is as follows:
12397 Doherty Street
Riverside, CA 92503
951.817.0777
Please also find attached to this document, evidence that Trueline Construction &
Surfacing, Inc. is in good standing with the California Secretary of State.
If you have any questions or concerns, please contact our offices.
Singmlv,
Ed e
President
Attachment B
Project Bid Package
CITY OF ROSEMEAD
CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
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, DECEMBER 8, 2022 AT 10:30 AM
CITY OF ROSEMEAD
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
TABLE OF CONTENTS
BIDDING DOCUMENTS
Notice Inviting Bids............................................................ NIB- 1 - NIB- 2
2. Instructions to Bidders........................................................... ITB- 1 — ITB -10
3. Contract Bid Forms........................................................... CBF- 1 — CBF -16
CONTRACT AGREEMENT
I. Contract Agreement and Insurance Requirements
2. Performance Bond
3. Payment Bond
CONTRACT APPENDIX
Part "A" General Provisions..............................................GP-I - GP -34
Part 'B" Supplemental General Conditions............................GC-1 GC -10
Part "C" Technical Provisions ............................................ TP-1—TP-19
CITY OF ROSEMEAD
NOTICE INVITING BIDS
NIB No. 2022-32
NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive
electronic bids through PlanetBids at: httys://Pbsystem.planetbids.com/portaU54150/aortal-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 81" day of December, 2022. Electronic and hardcopy bids will be
publicly posted on PlanetBids and City's website.
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
A non -mandatory pre-bid meeting is scheduled at the Project Site at Garvey Park in the City of
Rosemead (Address: 7933 Emerson PI, Rosemead) on Tuesday, November 29, at 10:00 A.M.
The project consists of removal of existing paint and resurfacing existing 5 tennis courts at Garvey
Park with acrylic resurfacer, installation of new striping for tennis courts and pickleball courts 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 $75,000. The successful bidder shall have THIRTY (30)
working days to complete the work. Liquidated damages shall be $500.00 per calendar day.
Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained from the
City's PlanetBid portal. Contractors can register as a vendor and download the documents by visiting
the PlanetBid Portal (https:Hr)bsystem.planetbids.com/portal/54150/portal-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
agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the
total amount of the bid price.
NIB- 1
No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date.
The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, disability, sex or national origin in the consideration for an
award.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code.
Compliance with the prevailing rates of wage and apprenticeship employment standards established by
the State Director of Industrial Relations will be required.
Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business
and Professions Code of the State of California. Bidder shall have a Class "A" or Class "C-12"
license in good standing at the time Bids are received.
The Council reserves the right to reject any and all bids and to waive any informality, technical defect,
or minor irregularity in anv 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 January 101, 2023
All questions regarding this bid shall be uploaded City's portal on PlanetBids, no later than 10
calendar days prior to bid due date and time.
Dated this November 161h, 2022
Ericka Hernandez
City Clerk
Publish: November 17`h & 24', 2022
1011:3'a
CITY OF ROSEMEAD
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
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 P1anetBid portal. Contractors can register as a vendor and download the
documents by visiting the P1anetBid Portal(https://pbsystem.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 ofthe 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 famished 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.
ALTERNATE BIDS
The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. If ADDITIVE OR
DEDUCTIVE ALTERNATE BID ITEMS are shown on the ADDITIVE OR DEDUCTIVE ALTERNATE
BID SCHEDULE, these bid items will not be taken into account in determining the lowest responsible
bidder. City may add bid items from the ADDITIVE OR DEDUCTIVE ALTERNATE BID SCHEDULE
at the sole and complete discretion of the City as part of the performance of the contract.
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
ITB - 2
accordance with the instructions herein
Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will renderit nonresponsive
and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the
Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR
MODIFICATIONS WILL NOT BE CONSIDERED.
9. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked
to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of
Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any
Contract arising therefrom.
If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney
executed by each joint venture or partner appointing and designating one of the joint ventures or partners
as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venture or partner shall
execute the Bid. The Power of Attorney shall also: (1) authorize that particularjoint 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 underthe 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 ofthat 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.
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
ITB -3
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 comer thereof:
Bid of (Insert Name of the Company)
for GARVEY PARK TENNIS COURTS RESURFACING PROJECT
Alternatively, bids can be submitted electronically through P1anetBids at:
htti)s://i)bsystem.planetbids.com/portal/54150/portal -home
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 will be posted on the City's
online system as soon as they have been reviewed for responsiveness. Owner reserves the right to reject
any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best
interests of the Owner, and to be the sole judge of the merits of the respective Bids received. In the event
of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price,
the written amount shall govern.
13. WITHDRAWAL OF BID
Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed
by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or
refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the
time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash,
cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the
Owner; the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner
because of the damage resulting from the delay in the execution of the Contract and in the performance of
Work thereunder.
14. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City
Council will make all necessary decisions and awards. The apparent successful bidder should at this point
begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the
required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful
ITB -4
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 forperformance 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, orthat has quoted prices of materials
to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders
submitting a bid to the Owner.
18. INSURANCE REQUIREMENTS
Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with four
identical counterparts of all required insurance certificates and endorsements as specified in the Bid
Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid
Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VIII, licensed to do business in California, and satisfactory to the Owner.
19. REQUIRED BIDDER CERTIFICATIONS
Bidders must comply with the following:
A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to
low
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 Bidderto 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
H_M
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 cavy out the Work. Each Bidder
shall answer all questions and provide information requested by the Contract Bid Forms.
24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
Contractor and its subcontractors performing work under this Contract will be required to pay California
sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with
authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the
Bid Documents.
25. EXECUTION OF CONTRACT
The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and
furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds,
in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract
and the bonds for both the Bidder and its surety or sureties are duly empowered to do so.
26. OWNER RIGHTS
The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of
information furnished by a Bidder, and require additional evidence of qualifications to perform the work
described in these Bid Documents. The Owner reserves the right to:
A. Reject any or all of the Bids if such action is in the best interest of the Owner.
B. Issue subsequent Notices Inviting Bids.
C. Cancel this entire Notice Inviting Bids.
D. Appoint evaluation committees to review any or all Bids.
E. Seek the assistance of outside technical experts to validate the Bid(s).
F. Approve or disapprove the use of particular subcontractors.
G. Waive informalities and irregularities in Bids.
The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner
to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract.
27. BIDDER'S RESPONSIVENESS
The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A
Bid must be in strict compliance with the commercial and technical specifications, without exception. Only
Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not
meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and
returned to the Bidder's representative.
28. BIDDER'S RESPONSIVENESS CHECKLIST
The Owner's initial responsiveness evaluation will consider the following:
ITB - 7
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 considerthe 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
SIM
or the ability to obtain them.
END OF INSTRUCTIONS TO BIDDERS
ITB - 10
1-119191:10
CITY OF ROSEMEAD
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
SECTION 1- BID SCHEDULE
CONTRACT BID FORMS
CBF -1
BASE BID SCHEDULE
SCHEDULE OF PRICES FOR
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
N0.
ITEM DESCRIPTION
EST,
UNIT
UNIT
ITEM
B. Traffic Control
right as Items A, B, C, D and li are considered
CITY
inclusive in each Bid Item listed above in
PRICE
COST
Safe ty
Removal of all coatings, striping, repair and
D. Construction Staking by Land Surveyor
and/or separate compensation will be allowed.
E. Clearing and Grubbing
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
resurface five (5) tennis courts with Plexipave
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.
Hardcourt Surface System per manufacturer
specifications (See Technical Provisions).
Installation of new tennis court striping per
1
LS
$
$
standard layout provided on the Technical
Provisions. All 5 courts will receive tennis court
striping, and the last court on the East side will
also receive pickleball courts striping on top of
tennis court striping, per specifications.
TOTAL BASE BID AMOUNT IN NUMBERS
$
TOTAL BASE BID AMOUNT IN WORDS:
The award of Contract shall be based on the TOTAL BASE BID AMOUNT only.
In the case of discrepancies in the amount of bid, unit prices shall govern over extended
amounts, and words shall govern over figures.
A. Mobilization / Demobilization
Ful] compensation for the items listed to the
B. Traffic Control
right as Items A, B, C, D and li are considered
C. NPDES, W WECP, and Best Management
inclusive in each Bid Item listed above in
Practices (BMPs), Public Convenience and
the Base Bid Schedule and Additive Alternate
th
Safe ty
Bid Schedule as applicable, and no additional
D. Construction Staking by Land Surveyor
and/or separate compensation will be allowed.
E. Clearing and Grubbing
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.
CBF -2
BIDDER:
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
percent (10%) of the Total Bid Price.
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.
) said amount being not less than ten
The undersigned agrees that said amount shall be retained
If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be
prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award
for the Contract, and will deliver to the Owner within that same period the necessary original
Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all
other documentation and certification required by the Contract.
The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the
Business and Professional Code), arising from purchases of goods, materials or services by the
Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to he Contractor.
Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence
satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2)
evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract
resulting therefrom; and (3) any other information and documentation, financial or otherwise,
needed by Owner to award a Contract to the lowest responsible and responsive bidder.
Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts
of five hundred dollars ($500.00) per calendar day if project is not completed 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.
CBF -3
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:
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
Addendum No. Dated
Addendum No. Dated
CBF -5
-1U791:12
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.
M-6191:101
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 -7
Signature
BIDDER:
Business Street Address
Type or Print Name City, State and Zip Code
Title Telephone Number
Bidder's/Contractor's State of Incorporation:
Partners or Joint Venturers:
Bidder's License Number(s):
Department Industrial Relations
Registered No.
NOTES:
1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of
the representations made on the Contract Bid Forms.
2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the Instructions to Bidders, Bidder will be
required to provide evidence that the person signing on behalf of the
corporation, partnership or joint venture has the authority to do so.
Lel
SECTION 2
BID DATA FORMS
CBF -9
u-0.1.»0
Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid
Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide
the information required. Bidder shall ensure that every page of its Bid Data Forms are properly
identified with the Bidder's name and page number.
2.A BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT
as Principal, and
, as Surety, are held firmly bound unto the
CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of
($ ), being not less than ten percent (10%) of the Total
Bid Price; for the payment of which sum will and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work
required for the GARVEY PARK TENNIS COURTS RESURFACING
PROJECT as set forth in the Notice Inviting Bids and accompanying Bid
Documents, dated
NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the
OWNER and, within the time and in the manner required by the above- referenced
Bid Documents, enters into the written form of Contract bound with said Bid
Documents, furnishes the required bonds (one to guarantee faithful performance
and the other to guarantee payment for labor and materials) furnishes the required
insurance certificates and endorsements, and furnishes any other certifications as
may be required by the Contract, then this obligation shall be null and void;
otherwise it shall remain in full force and effect. In the event suit is brought upon
this bond by the OWNER and judgment is recovered, said Surety shall pay all costs
incurred by the OWNER in such suit, including reasonable attorneys' fees to be
fixed by the court.
SIGNED AND SEALED, this day of , 20
Principal
By:
Signature
Surety
By:
Signature
CBF -10
BIDDER:
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 - 11
BIDDER:
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 No.
Name and Location
of Subcontractor
Address:
License No.:
Department of Industrial Relation Registration No.
Name and Location
of Subcontractor
Address:
License No.:
Department of Industrial Relation Registration No.
Description of Work
to be Subcontracted
Description of Work
to be Subcontracted
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:
Address:
License No.:
Department of Industrial Relation Registration No
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:
Address:
License No.:
Department of Industrial Relation Registration No.
CBF - 12
2.0 REFERENCES
The following are the names, addresses and telephone numbers for three public agencies for which
BIDDER has performed similar work within the past two (2) years:
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 -13
R
Imp
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
CBF -14
:31971]4171
SECTION 3
NON-COLL USION AFFIDA VIT
CBF -15
BIDDER:
NON -COLLUSION AFFIDAVIT
In accordance with Public Contract Code Section 7106, the undersigned, being first duly
sworn, deposes and says that he or she holds the position listed below with the bidder, the
party making the foregoing bid, that the bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation;
that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not
in any manner, directly or indirectly, sought by agreement, communication, or conference
with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder, or to secure any
advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid,
and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereofto effectuate a collusive or
sham bid.
Signature
Typed or Printed Name
Title
Bidder
Subscribed and swom before me
This day of 20
Notary Public in and for
the State of California
My Commission Expires:
CBF - 16
(Seal)
CONSTRUCTION CONTRACT
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
(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 GARVEY PARK
TENNIS COURTS RESURFACING PROJECT by the City on the terms and conditions set
forth in this Contract. Contractor represents that it is experienced in providing such work
services to public clients, that it and its employees or subcontractors have all necessary
licenses and permits to perform the Services in the State of California, and that is familiar
with the plans of City.
2.2 Project
City desires to engage Contractor to render such services described herein as Project
('Project') as set forth in this Contract.
3. TERMS
3.1 Scope of Services and Term
3.1.1 General Scope of Services. Contractor promises and agrees to furnish
to the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional construction services necessary
for the Project ("Services"). The Services are more particularly described in Exhibit "A"
attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Contract, the exhibits attached hereto and incorporated
Company Name
Page 2 of 11
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Contract shall be from Effective Date shown
above to Month, Date and Year unless earlier terminated as provided herein. Contractor
shall complete the Services within the term of this Contract, and shall meet any other
established schedules and deadlines. The Parties may, by mutual, written consent, extend
the term of this Contract if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Contract. City retains Contractor on an independent contractor basis
and not as an employee. Contractor retains the right to perform similar or different services
for others during the term of this Contract. Any additional personnel performing the Services
under this Contract on behalf of Contractor shall also not be employees of City and shall at
all times be under Contractor's exclusive direction and control. Contractor shall pay all
wages, salaries, and other amounts due such personnel in connection with their performance
of Services under this Contract and as required by law. Contractor shall be responsible for
all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance,
and workers' compensation insurance.
3.2.2 Schedule of Services: Contractor shall perform the Services
expeditiously, within the term of this Contract, and within the schedules timeline. Contractor
represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Contractor's
conformance with the Schedule, City shall respond to Contractor's submittals in a timely
manner. Upon request of City, Contractor shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates the City Manager,
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
procedures and for the satisfactory coordination of all portions of the Services under this
Company Name
Page 3 of 11
Contract.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractorshall perform
all Services under this Contract in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License if
applicable, and that such licenses and approvals shall be maintained throughout the term of
this Contract. As provided for in the indemnification provisions of this Contract, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Contractor's
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub -contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all local, state aind federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for
the duration of this Contract, insurance coverage as specified in Exhibit B attached to and
part of this Contract.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
Company Name
Page 4 of 11
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws,
and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of
per diem wages in effect at the commencement of this Contract. Contractor shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of
worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond: If specifically requested by City,
Contractor shall execute and provide to City concurrently with this Contract a Performance
Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and
in a form provided or approved by the City. If such bond is required, no payment will be
made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required bylaw or otherwise specifically
requested by City, Contractor shall execute and provide to City concurrently with this
Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated
in this Contract, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or
replace the affected bond within 10 days of receiving notice from City. In the event the
surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days
prior written notice shall be given to the City, and Contractor shall post acceptable
replacement bonds at least ten (10) days prior to expiration of the original bonds. No further
payments shall be deemed due or will be made under this Contract until any replacement
bonds required by this Section are accepted by the City. To the extent, if any, that the total
compensation is increased in accordance with the Contract, the Contractor shall, upon
request of the City, cause the amount of the bonds to be increased accordingly and shall
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promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Contract (including, without
limitation, an increase in the total compensation, as referred to above), extensions of time, or
modifications of the time, terms, or conditions of payment to the Contractor, will release the
surety. If the Contractor fails to furnish any required bond, the City may terminate this
Contract for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California -admitted surety with a current A.M. Best's rating
no less than A:VII I and satisfactory to the City. If a California -admitted surety insurer issuing
bonds does not meet these requirements, the insurer will be considered qualified if it is in
conformance with Section 995.660 of the California Code of Civil Procedure, and proof of
such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. The total compensation shall not exceed DollarAmount
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, butwhich
the parties did not reasonably anticipate would be necessary at the execution of this
Contract. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Contract. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
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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 partof this Contract at anytime 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 Contractorto provide all finished or unfinished Documents
and Data and other information of any kind prepared by Contractor in connection with the
performance of Services under this Contract. Contractor shall be required to provide such
document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Contract is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required underthis Contract
shall be given to the respective parties at the following address, or at such other address as
the respective parties may provide in writing for this purpose:
CONTRACTOR:
Company Name
Address
City, State, Zip Code
Attn: Project Manager's Name
Tel: (000) 000-0000
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: 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.
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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 parry 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
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attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Contract, the language of this Contract shall
be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days
and not workdays. All references to Contractor include all personnel, employees, agents,
and subcontractors of Contractor, except as otherwise specified in this Contract. All
references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Contract. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Contract.
3.5.13 Amendment; Modification. No supplement, modification, 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 Party any
contractual rights by custom, estoppels, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift
or other consideration contingent upon or resulting from the award or making of this
Contract. For breach or violation of this warranty, City shall have the right to rescind this
Contract without liability. For the term of this Contract, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Contract, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Contractor shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that
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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. Contractorshall 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
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CITY OF ROSEMEAD
Ben Kim, City Manager
Attest:
Date
Ericka Hernandez, City Clerk
Approved as to Form:
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:
Rachel Richman, City Clerk Date N
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. Contractorwill 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 thatwill provide bodily injury, personal injury
and property damage liability coverage at least as broad as the primary coverages setforth
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 equipmentstored
either on or off the Site or any staging area. Such insurance shall be on a form acceptable
to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency
prior to commencement of construction.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A. M. Bests rating of A- or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party General liability policies
shall provide or be endorsed to provide that Agency and its officers, officials,
employees, agents, and volunteers shall be additional insurer under such policies
Company Name
using standard ISO endorsement No. CG 2010.. Contractor also agrees to require
all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Contract shall prohibit
Contractor, or Contractor's employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against
City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available orapplicable
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 forbodily
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 thatcan 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 partof
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 tothe
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.
CITY OF ROSEMEAD
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
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 GARVEY PARK TENNIS COURTS RESURFACING
PROJECT 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 forthe said Public Work dated (hereinafter the
"Public Work Contract"); and
WHEREAS, the Contractor is required by said Public Work Contract to perform the
terms thereof and to provide a bond both for the performance and guaranty thereof,
NOW, THEREFORE, we
the undersigned Contractor, as Principal, and
, a corporation organized and
existing under the laws of the State of , and duly authorized to transact
business under the laws of the State of California, as Surety, are held and firmly bound unto the
CITY OF ROSEMEAD in the sum of
dollars,
($ ), said sum being not less than 100% of the total amount
payable by the said Obligee under the terms of the said Public Work Contract, for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the said Public Work
Contract and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their intent
and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship;
and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public
Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in
full force and effect. In the event legal action is required to enforce the provisions of this agreement,
the prevailing 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 - 1
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
to me that he subscribed the name of the
thereto and his own name as Attorney -in -Fact.
(SEAL)
My Commission expires
(surety) and acknowledged
(surety)
Notary Public in and for said State
PERFORMANCE BOND - 3
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the
Secretary of the corporation named as
principal to the within bond; that who signed
the said bond on behalf of the principal was then of
said corporation; that I know his signature, and his signature thereto is genuine; and that said bond
was duly signed, sealed and attested for and in behalf of said corporation by authority of its
governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be
attached hereto.
PERFORMANCE BOND - 4
CITY OF ROSEMEAD
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
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 GARVEY PARK TENNIS COURTS RESURFACING
PROJECT 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 ofhis or its subcontractors shall failto
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 Departmentfrom
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
PAYMENTBOND-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
MMAUVIMME11610M y
STATE OF CALIFORNIA
COUNTY OF ) ss.
Onthis_ day of ,inthe 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 1 know his signature,
and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and
in behalf of said corporation by authority of its governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be
attached hereto.
PAYMENT BOND -4
CITY OF ROSEMEAD
GARVEY PARK TENNIS COURTS RESURFACING
PROJECT PROJECT No. 39007
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 usedwithout
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 ofthe
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 resurfacing existing 5 tennis courts at Garvey Park with acrylic resurfacer,
installation of new striping for tennis courts and pickleball courts 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
ofthe 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 ofany 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 ofthe 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, asthey
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."
"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 orby 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 ofprofits
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:
113-2.2.1 Contract Unit Prices. Section 3-2.2.1 shall be amended in its entirety to read as
follows:"
113-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the event ofan
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."
113-2.2.1(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 ofthe 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 ofwork 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 priorto 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 (Isttier only)
5 percent
6)
Lower tier subcontractors
none
To the sum ofthe 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 either the difficulties, responsibilities, orcostsoffully
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 ofthe City in drafting the Contract Documents to accept only first-class work,
materials, parts, equipment and workmanship. All materials, parts and equipment furnished by
Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal
to samples when such samples are required. Used or secondhand materials, parts and equipment
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 ofthe City's Representative. All materials, parts and equipment used and installed, and all
details of the Work done, shall at all times be subject to the supervision, test and approval of the
City's Representative. The City's Representative shall have access to the Work at all times during
construction, and shall be furnished with every reasonable facility for securing full knowledge with
regard to the progress, workmanship and character of the materials, parts and equipment used or
employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds
and at such times as to ensure uninterrupted progress of the Work."
"All materials, parts, equipment or Work which are defective in their construction or
deficient in any of the requirements of the Contract Documents, whether in place or not, shall be
remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation
will be allowed for such correction work. Any Work done beyond the lines shown on the Plans or
established by the City's Representative, or any extra work done without written authority, will be
considered unauthorized and will not be paid for by the City. Upon Contractor's failure to comply
promptly with any order of the City's Representative made under the provisions of this Section, the
City's Representative shall have authority to cause such defective or unauthorized Work to be
remedied or removed and replaced, and to deduct the costs thereof from any moneys due or to
become due the Contractor. If the Work is found to be in compliance with these specifications, the
City's Representative will furnish the Contractor with a certificate to that effect."
4-1.2 Protection of Work and Materials. The provisions of Section 4-1.2 ofthe Standard
Specifications shall be amended to add the following at the end of that Section:
"Contractor shall fully and adequately store and protect all materials, parts and equipment, as
required herein. Contractor shall be solely responsible for any and all damages or loss by weather or
any other cause to such materials, parts and equipment. The Contractor shall make good any and all
damages or loss to materials, parts and equipment."
"Until the final written acceptance of the Work by the City, the Contractor shall have the
charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the
action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make
good all injuries or damages to any portion of the Work occasioned by any cause before its
GENERAL PROVISIONS - 14
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 orthe 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 equipmentor
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 shallbe addedto
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 notbe 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
forthe 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 startand completion dates for all portions ofthe 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 cavy 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 Work program which
will insure the Agency's interest; (9) when the Contractor fails or refuses to carry out the intent of
the Contract; or (10) when the Contractor fails or refuses in any other respect to prosecute the Work
with the diligence, speed or force specified or intended by the terms of the Contract. The Contractor
shall immediately comply with any written order from the City's Representative and shall not
resume operations until so ordered in writing."
6-4 DEFAULT BY CONTRACTOR.
The first, second and third full paragraphs of Section 6-4 of the Standard Specifications shall
be amended to read as follows:
"If the Contractor should be in violation of the Contract, then the City may, withoutprejudice
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 California Contractor's license
requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate
licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions
Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance
with state law and pursuant to the requirements found in the Contract Documents to be
nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the
Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid
license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the
Contract"
"7-2.2.5 Non -Discrimination. Contractor shall not discriminate in the employmentof
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, butnot 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 1 -
Acre Of Disturbed Soil
All construction projects, regardless of size, will be required to implement best management
practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP)
GENERAL PROVISIONS - 24
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
ro'ect sites.
3. Erosion
Erosion from slopes and channels shall be controlled by
Erosion
Control
implementing an effective combination of BMPs, such as
Control
the limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
Please refer to the California Stormwater Quality Association's Construction Handbook
available for free on their website (www.cabmphandbooks.com — Construction Handbook)
for further information regarding the BMPs listed in Table 2-I.
B. Water Quality Protection Requirements For Construction Projects With 1 -Acre (or
greater) Of Disturbed Soil
In addition to the minimum BMPs required in Section A, a Storm Water Pollution
Prevention Plan (SWPPP) must be submitted to the City for all construction projects where
at least 1 -Acre of soil will be disturbed. The SWPPP will include strategies for reducing
runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP
may also be required for projects smaller than 1 -Acre if the City designates the project a
threat to water quality objectives.
In addition, the contractor must contact the Los Angeles Regional Water Quality Control
Board (LARWQCB) if the project will disturb 1 -Acre or more of soil. Construction
activities can not begin until a Waste discharger Identification (WDID) Number is issued by
the State Water Board. The 1 -Acre threshold includes the total amount of land disturbance.
For example, if four streets, each 1/4 -acre in size in different parts of the City are to be
reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI)
GENERAL PROVISIONS - 25
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.swTcb.ca.eov/—rwacb4
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 (NS8, NS9, and NS 10)
4. Physical Stabilization (EC7, EC12, NS4, TCI, and TC2)
5. Sediment Control Practices (SE 1, SE9, SE8, SEI 0, 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 oftemporary 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 spill to the City, (Attention: Project Manager). This report shall describe
the following information related to the spill:
1. The exact location on the Thomas Guide map
2. The nature and volume
3. The date, time and duration
4. The cause
GENERAL PROVISIONS - 28
The type of remedial and/or cleanup measures taken and date and time implemented
The corrective and preventive action taken, and
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 fulfillthe
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 againstthe
City or Contractor have been satisfied.
I. Maintenance
The Contractor shall ensure the proper implementation and functioning of BMP control
measures and shall regularly inspect and maintain the construction site for the BMPs
identified in the SWPPP. The Contractor shall identify corrective actions and time frames in
order to properly address any damaged measure, or reinitiate any BMPs that have been
discontinued.
If the City identifies a deficiency in the deployment or functioning of identified control
measures, the deficiency shall be corrected by the Contractor immediately or by a later date
and time if requested in writing, but not later than the onset of the subsequent precipitation
events. The correction of deficiencies shall be at no additional cost to the City.
J. Payment
All costs involved in the implementation of the SWPPP, including furnishing all labor,
materials, tools, equipment and all incidentals; and for doing all the work involved in
installing, constructing, maintaining, removing, and disposing of control measures, except
those that were installed as a part of another structure, shall be included in the unit prices bid
for the various related items of work and no additional compensation will be made therefore.
7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added to the
Standard Specifications to read as follows:
"The Contractor shall comply with all local sound control and noise level rules, regulations
and ordinances, including hours of operation requirements. No internal combustion engine shall be
operated on the Project without a muffler of the type recommended by the manufacturer. Should any
muffler or other control device sustain damage, the Contractor shall promptly remove the equipment
and shall not return said equipment to the job until the device is repaired or replaced. Said noise and
vibration level requirements shall apply to all equipment on the job or related to the job, including
but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the
Contractor."
GENERAL PROVISIONS - 29
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 $25,000and ifthe Work
governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth,
Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705,
regarding sheeting, shoring and bracing."
7-10.4.3 Special Hazardous Substances and Processes. Section 7-10.4.3 shall be amended
to add the following to the end of that Section:
"As required by Public Contract Code Section 7104, if this Contract involves digging
trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor
shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material
discovered in excavation that Contractor believes to be a hazardous waste that is required to be
removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at
the site differing from those indicated by City; and (3) unknown physical conditions of an unusual
nature at the site, significantly different from those ordinarily encountered in such contract work.
Upon notification, City shall promptly investigate the conditions to determine whether a change
order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled
completion date and shall proceed with all Work to be performed under the Contract, but shall retain
all rights provided by the Contract or by law for making protests and resolving the dispute."
7-11 PATENT FEES OR ROYALTIES.
Section 7-11 of the Standard Specifications shall be amended in its entirety to read as
follows:
GENERAL PROVISIONS -30
"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 forthe 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 pricenamed
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 Contractorto 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 7207 "
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 calendarday ofeach
month. In order for the City to consider and prepare for each monthly payment, the Contractor shall
submit a detailed measurement of Work performed and a progress estimate of the value thereof
before the tenth (10th) day of the following month. The City shall review and make payment on all
approved charges within the time required by Public Contract Code Sections 20104.5 et seq."
"Acceptance of any progress payment accompanying any estimate without written protest
shall be an acknowledgment by the Contractor that the number of accumulated contract days shown
on the associated statement of working days is correct. Progress payments made by the Owner to the
Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of
liquidated damages."
"Subject to the provisions of Section 22300 of the California Public Contract Code, a 5
percent retention will be withheld from each payment. All invoices and detailed pay requests shall
be approved by the Engineer before submittal to the Owner for payment. All billings shall be
directed to the Engineer."
"Pursuant to Section 22300 of the California Public Contract Code, In accordance with
California Public Contract Code Section 22300, the City will permit the substitution of securities for
any monies withheld by the City to ensure performance under the Contract. At the request and
expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the
City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the
City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion
of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the
beneficial owner of any securities substituted for monies withheld and shall receive any interest
thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by
the City."
"The Contractor shall submit with each invoice the Contractor's conditional waiver of lien
for the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from
the Contractor and all subcontractors and materialmen for all work and materials included in any
prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section
3262. Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for the
Contractor's work, together with releases of lien from any subcontractor or materialmen. "
- END OF SECTION
M021a1.7:\IM1110"L.YDL[. MI
CITY OF ROSEMEAD
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
PART "B"
SUPPLEMENTAL GENERAL
CONDITIONS
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
SUPPLEMENTARY GENERAL CONDITIONS
10-1 GENERAL
10-1.1 Description of Work
The project consists of resurfacing existing 5 tennis courts at Garvey Park with acrylic
resurfacer, installation of new striping for tennis courts and pickleball courts 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.
10-1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis
for the compilation of bids, and the City of Rosemead does not expressly or by
implication agree that the actual amount of work will correspond therewith, but reserves
the right to increase or decrease the amount of any class or portion of the work or to omit
portions of the work that may be deemed necessary or expedient by the Engineer. In
such case the contract unit price shall prevail subject to the requirements of Subsection 3-
2.2.1 of the Standard Specifications.
All work incidental to this project, as described on the drawings and/or this specification
shall be considered as included within the scope of the work. The bid prices submitted
by the contractor shall include the cost of said incidentals, even though such incidentals
are not specifically mentioned in the preceding description of work to be done or in the
proposal form.
10-1.3 Equals - Whenever the names of specific products are designated in the details appearing
on the drawings or in the specifications, the intent is to state the general type and quality
of the products desired, without the intention of ruling out the use of other products of
equal type and quality. If the successful contractor wishes to make substitutions of the
products specified, he must make an application in writing to the Engineer prior to the
acceptance and installation into the project with a complete description of the alternate
products and a statement with regard to the saving to the owner, if any, in case the
substitution would be permitted. The Engineer will have the right to make the final
decision in these cases and to insist on use of particular brands of products shown on the
drawings or in the specifications, if, in his opinion, such brands will be preferable to the
Engineer, in lieu of the requested substitutions.
10-1.4 Installation of Equipment - All materials and workmanship shall be in accordance with
the manufacturer's specifications and instructions.
SUPPLEMENTARY GCs -1
10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK
Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard
Specifications with the following special conditions:
a. Beginning and Completion of Work: The contract time allowed for completion of
the project is THIRTY (30) working days 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. Monday
to Friday with no work on Saturdays, Sundays, or Holidays. Except when
authorized by the Director of Public Works or City Engineer.
d. Inspection: The City shall provide inspection for an 8 -hour day for normal
working days. The City will deduct from the contractor's invoice an amount
equal to $120 per hour for inspection in excess of the foregoing, including legal
holidays, City Hall closed Fridays, and weekends.
e. Weight master certificates are source documents and it is the contractor's
responsibility to collect the material tickets from the drivers at the delivery point,
sign and date them and submit to the City Inspector.
f Contractor shall notify all property owners within the project limits of all
activities; written notification shall be delivered to properties at least forty-eight
(48) hours in advance of any activity.
g. The contractor and all subcontractors shall attend a pre -construction meeting at
the time, date, and place determined by the City.
h. The contractor and all subcontractors shall obtain a Rosemead Business License
prior to the start of work.
10-3 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the "Standard Specifications
for Public Works Construction (Greenbook)," latest edition, including all supplements,
and applicable provisions of Caltrans Standard Specifications, latest edition.
In case of conflict between the Standard Specifications and the Special Provisions, the
Special Provisions shall take precedence over and be used in lieu of such conflicting
portions.
SUPPLEMENTARY GCs -2
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.
10-7 AIR AND WATER POLLUTION
SUPPLEMENTARY GCs -3
The Contractor shall be required to conform to all current regulations of the South Coast
Air Quality Management District. The Contractor shall also conform to Section 402(p)
of the 1972 Clean Water Act which establishes a framework for the regulation of
municipal, industrial and construction stormwater discharges under the National Pollutant
Discharge Elimination System (NPDES) program.
10-8 HAZARDOUS MATERIAL NOTIFICATION
A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all
hazardous materials which are brought on site by the Contractor. A MSDS is required for
any product which may contain hazardous materials. The contractor must alert the City
Engineer of the quantity and type of hazardous material which will be brought on site.
The MSDS sheets must be submitted to the City Engineer at least two (2) business days
prior to starting work. The City Engineer may require the City Safety Officer or his
designee to review the MSDS for approval of use.
The contractor shall be responsible for notifying Underground Service Alert (800) 422-
4133 and all utility companies having substructures within the limits of the job. This shall
be done at least 72 hours prior to commencing construction.
10-9 PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his operations to comply with the provisions of section 7-10
of the Standard Specifications. Traffic Control shall comply with the Work Area Traffic
Control Handbook of the American Public Works Association (WATCH Manual), latest
edition.
After award of the contract, the contractor shall submit to the Engineer his proposed
schedules for lane closing and his methods of traffic control to comply with the
requirements specified herein below. This submittal shall be made sufficiently in
advance of any rerouting or diversion of traffic by the contractor to allow for a review of
the contractor's proposed traffic control.
Any shifting of traffic from one lane to another which is necessary in order to maintain
the required number of lanes, shall be directed in such a manner that traffic may move
smoothly across the work without any sudden changes from one lane to another. Toward
this end the minimum taper allowed for detouring the traffic from one lane to another
shall be 20:1.
The contractor shall provide, throughout the period of construction, all signs which may
be deemed necessary for the safe and orderly conduct of vehicular traffic as directed by
the Engineer. All barricades used as warning and guiding devices shall bear the name of
the contractor in legible letters. Flashing arrow board(s) shall be required throughout
the construction period.
Traffic lanes shall have a minimum width of twelve (12) feet and minimum clearance of
two (2) feet from curbs, poles and similar obstructions, and two (2) feet from any
SUPPLEMENTARY GCs -4
excavation, unless otherwise specified. One lane each direction shall be maintained at all
times.
Transitions of differential road surfaces shall be maintained according to SSPWC sect.
Spillage resulting from hauling operations along any public traveled way shall be
removed immediately by the contractor.
Traffic shall not be allowed on the street until the initial sweeping is complete.
Contractor shall provide access to the existing driveways at all times. Contractor will
close only one driveway at any time to properties having more than one driveway.
10-10 PAYMENT
Payment shall be made in accordance with Section 9 of the Standard Specifications.
Payment will be made at the lump sum prices or unit prices as stipulated in the Bid
Proposal and will include full compensation for furnishing all labor materials, tools and
equipment and doing all the work involved in completion of the bid items. 5 % retention
will be paid 35 days after Notice of Completion was recorded.
10-11 SURVEY MONUMENTS
See Section 2-9 Surveying of the General Provisions Page — 7.
10-12 CLEAN-UP
Upon completion of the work and before the final estimate is submitted, the Contractor
shall, at his own expense, remove from the vicinity of the work all plant, buildings,
rubbish, unused materials, concrete forms and other materials or equipment belonging to
or used by him or any subcontractor on the work. In the event of failure to so remove
the same may be removed and disposed of by the City at the Contractor's expense.
10-13 GUARANTEE
The contractor hereby guarantees for a period of one year that the entire work constructed
by him under this contract will meet fully all requirements thereof as to quality of
workmanship and of materials furnished by him. The contractor hereby agrees to make
at his own expense any repairs or replacements made necessary by defects in materials or
workmanship supplied by him that becomes evident within the time specified after filing
of the Notice of Completion of the work by the Engineer, and to restore to full
compliance with the requirements of these specifications, including the test requirements
set forth herein for any part of the work constructed hereunder, which during said period
is found to be deficient with respect to any provision of the specifications. The contractor
also agrees to defend, indemnify and hold the Owner, its officers and employees,
harmless from claims of any kind arising from damage due to said defects. The
contractor shall make all repairs and replacements promptly upon receipt of written
SUPPLEMENTARY GCs -5
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
famished under the contract to remain in force for said amount until the expiration of the
required period.
10-14 SANITATION
All portions of the work shall be maintained at all times in sanitary condition. The
contractor shall provide adequate toilet facilities for all workmen and representatives of
the owner employed on the work. Such facilities shall be subject to the acceptance of the
owner as to location and type. The contractor shall maintain the same in sanitary
condition from the beginning of the work until completion and then shall remove the
facilities and disinfect the premises if necessary. The contractor shall be responsible for
alleviating all dust and nuisance conditions occasioned by his work.
Each day, at the completion of the day's work, the entire trench area and adjacent streets
shall be swept and cleaned to the satisfaction of the City Engineer or his appointed
representative. The contractor shall cover all storm drain catch basins during excavation
and sweeping operations to prevent excavated materials from entering the catch basins.
10-15 SITE MAINTENANCE
1.01 General. The Contractor shall maintain the construction site in a neat and orderly
condition, free from trash and waste construction materials at all times. Unattended
construction materials, equipment, and trash shall be left in a manner to not constitute a
fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature.
The Contractor shall provide and maintain enclosed toilets for the use of employees
engaged in the work. These accommodations shall be maintained in a neat and sanitary
condition. They shall also comply with all applicable laws, ordinances, and regulations
pertaining to public health and sanitation of dwellings and camps.
The Contractor shall provide proper barricades with flashing lights properly working and
temporary fencing to insure a safe construction site. The Contractor shall maintain the
SUPPLEMENTARY GCs -6
work site in a manner that assures adequate access to workers and other authorized
personnel.
The Contractor shall provide proper traffic control in all construction areas.
1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to
abate undue dust. Application of water for dust control shall be under the control of the
Engineer and shall be applied in the amounts and at locations designated by the Engineer
or other City Representatives.
1.03 Control of Water. The Contractor shall work in a manner that does not prevent
storm or other water from flowing uninterrupted along the existing street drainage
courses. Diversion of water for short reaches to protect construction may be permitted if
public or private properties are not threatened with damage. Should such diversions be
necessary, the Contractor shall obtain written permission from the applicable public
agency or property owner before the Engineer will permit any diversion of water outside
rights-of-way or normal drainage courses.
1.04 Protection of Existing Improvements. Construction operations shall be conducted
in a manner that assures all permanent facilities and improvements, as well as temporary
improvements which remain during the life of this contract, are not subject to vertical
settlement or horizontal movement. The Contractor shall work around all existing utility
facilities. During construction the Contractor shall cooperate with the owners of any
utility that has manholes, vaults, valve covers or any other facilities within the
construction area. These facilities shall be completely protected by the Contractor. The
Contractor shall exercise care to prevent asphalt material from being deposited on
concrete surfaces. Unless otherwise specified, all costs for protection of existing
improvements shall be absorbed in the various items of work and no separate payment
shall be made for them.
1.05 Restoration of Existing Improvements. All existing improvements removed or
damaged during construction shall be reconstructed in accordance with the applicable
provisions of the Standard Specifications for Public Works Construction, 2012 Edition,
(hereinafter referred to as the Standard Specifications). The Contractor shall replace or
restore existing improvements to their original condition to the satisfaction of the
Engineer at no expense to the City.
1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and
waste material shall become the property of the Contractor and shall be disposed of by
the Contractor outside the limits of work in accordance with the applicable ordinances
and regulations of governmental agencies having jurisdiction.
1.07 Final Clean Up. After completion of all other work required under the contract, the
Contractor shall, at no expense to the City, clean up the work site including any and all
properties used by the Contractor during construction to the satisfaction of the Engineer.
The Contractor shall remove and dispose of all excess materials. The Contractor shall
repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or
SUPPLEMENTARY GCs -7
nature which has been moved, damaged or altered in any way by the Contractor's
operations. The Contractor shall return all roadway and adjoining surfaces to their
original condition and appearance.
The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing
asphalt pavement or concrete pavement during paving operations. The Contractor shall
slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive)
all asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on
the concrete pavement, Contractor shall sand blast the affected area to its original
condition and to the satisfaction of the Engineer or City Representatives at no additional
cost. Any and all of these requirements shall be at the Contractor's expense.
1.08 Payment. No separate payment will be made for Site Maintenance. All costs for
furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work
involved, as specified herein and as directed by the Engineer, shall be included in the
prices bid for the various contract items of work.
10-16 CLEARING AND GRUBBING
2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and
Grubbing" of the Standard Specifications. In addition, the following items of work are
included under Clearing and Grubbing, unless otherwise covered by specific bid items:
A. Maintaining dust control at all times by watering and sweeping.
B. Providing traffic control and maintaining access, security and safety including all
signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in
these specifications.
C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve
covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing
structures.
D. Removing, storing, and replacing removable and portable items and their safe
handling and keeping.
E. Providing temporary pumps, conduits, and any other necessary means to convey
waste waters in order to bypass the construction as needed and as approved by the
Engineer.
F. Saw cutting Portland cement concrete and asphalt concrete pavement for
construction of smooth and straight joins.
G. Providing shoring, sheeting, bracing, etc. for excavations
H. Removing, relocating and replacing all sprinkler lines, heads, valves, and other
landscaping items interfering with the construction of improvements.
SUPPLEMENTARY GCs -8
I. Removing and disposing of all existing improvements interfering with the
construction of new improvements and/or as required elsewhere in these specifications
and not included in other bid items.
J. Restoring landscaping or any other miscellaneous improvements damaged during
construction.
K. Removing, replacing, backfilling, and compacting miscellaneous earthwork
resulting from removing existing improvements that are not replaced and where
excavations were made for concrete forming.
L. Backfilling areas with clean topsoil; grading to join elevation of newly
constructed curb, sidewalk, and driveway approach; and seeding, watering, and caring for
rye grass or approved equal by the Engineer until the grass is established.
M. Providing all necessary means to prevent tracking of asphalt oil on existing or
new asphalt pavement including a water truck during the paving operation and for
restoring areas where asphalt oil was spilled.
N. Coordinating the construction with all utility companies.
O. Obtaining permit from the appropriate water company for connection to fresh
water source and delivering water to the point of use and assuming payment of all fees
and payment for water used.
2.02 Payment. Payment for Clearing and Grubbing shall be included in the lump sum
price under Bid Item No. 1. Payment of the lump sum price bid shall include full
compensation for furnishing all labor, materials, tools, and equipment, and doing all work
involved in Clearing and Grubbing as specified above and as directed by the Engineer.
10-17 CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT OF THE
PROJECT
3.01 General. Due to the nature of this project involving some inconveniences, the
Contractor shall respond to all complaints associated with the project that include any
alleged damage to private property and/or vehicles, within 24 hours of notification.
Failure to comply with this provision will result in an additional penalty of $50.00 per
occurrence. The City reserves the right, after 24 hours of notification, to respond to the
complaint and repair the alleged damage. The Contractor shall reimburse the City for all
costs involved in addressing the complaint, including any administrative costs incurred
by the City.
3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute
notices informing those affected that construction will be performed in proximity to their
property. The notice shall be distributed not less than 48 hours before commencement of
work. The Contractor shall provide a sample notification to the Engineer for approval.
SUPPLEMENTARY GCs -9
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
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
PART "C"
TECHNICAL PROVISIONS
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
PROJECT No. 39007
TECHNICAL PROVISIONS
PART] GENERAL
1.1 GENERAL DESCRIPTION
A. Textured acrylic surfacing for asphalt tennis courts and similar play areas.
1.2 RELATED SECTIONS
A. References
1. National Asphalt Paving Association (NAPA)
2. United States Tennis Association (USTA)
3. International Tennis Federation (ITF)
4. American Sport Builders Association (ASBA)
1.3 QUALITY ASSURANCE
A. Surfacing shall conform to the guidelines of the ASBA for planarity.
B. All surface coatings products shall be supplied by a single manufacturer.
C. The contractor shall record the batch number of each product used on the site and maintain it through
the warranty period.
D. The contractor shall provide the inspector, upon request, an estimate of the volume of each product to
be used on the site.
E. The installer shall be an authorized applicator of the specified system.
F. The manufacturer's representative shall be available to help resolve material questions.
1.4 SUBMITTALS
A. Manufacturer specifications for components, color chart and installation instructions.
B. Authorized Applicator certificate from the surface system manufacturer.
C. ITF classification certificate for the system to be installed.
D. Reference list from the installer of at least 5 projects of similar scope done in each of the past 3 years.
E. Current Material Safety Data Sheets (MSDS).
F. Product substitution: If other than the product specified, the contractor shall submit at least 7 days
TECHNICAL PROVISIONS TP -1
prior to the bid date a complete type written list of proposed substitutions with sufficient data, drawings,
samples and literature to demonstrate to the owners satisfaction that the proposed substitution is of equal
quality and utility to that originally specified. Information must include a QUV test of at least 1000
hours illustrating the UV stability of the system. The color system shall have an ITF pace rating in
Category3. Under no circumstances will systems from multiple manufacturers be considered.
1.4 MATERIAL HANDLING AND STORAGE
A. Store materials in accordance with manufacturer specifications and SDS.
B. Deliver product to the site in original unopened containers with proper labels attached.
C. All surfacing materials shall be non-flammable.
1.5 GUARANTEE
A. Provide a guarantee against defects in the materials and workmanship for a period of one year from the
date of substantial completion.
1.6 INSTALLER QUALIFICATIONS
A. Installer shall be regularly engaged in construction and surfacing of acrylic tennis courts, play courts or
similar surfaces.
B. Installer shall be an Authorized Applicator of the specified surface system.
C. Installer shall be a builder member of the ASBA.
1.7 MANUFACTURER QUALIFICATIONS
A. System manufacturer shall provide documentation that the surface to be installed has been classified by
the ITF as a medium pace surface.
B. System manufacturer shall be a US owned company.
C. System manufacturer shall be a member of the ASBA.
PART 2 PRODUCTS
2.1 MANUFACTURERS
A. California Sports Surfaces, a division of the ICP Group, Andover, MA. 01810 / Plexipave System
www.nlexit)ave.com
TECHNICAL PROVISIONS TP -2
B. Substitutions: Submit requests at least 7 days priorto the bid date with a complete type written list of
proposed substitutions with sufficient data, drawings, samples and literature to demonstrate to the owners
satisfaction that the proposed substitution is of equal quality and utility to the specified product.
Information must include a QUV test of at least 1000 hours illustrating the UV stability of the system. The
system shall have an ITT pace rating.
2.2 MATERIALS
A. Patching Mix (California Court Patch Binder) -for use in patching cracks, holes, depressions
and other surface imperfections.
B. Crack Filler (California Crack Filler) -for use in filling fine cracks.
C. Acrylic Filler Course (California Acrylic Resurfacer) —for use as a filler for new or existing asphalt
surfaces. The acrylic filler shall be blended with approved silica sand at the job site.
D. Acrylic Color Playing Surface (Plexichrome Ultra Performance/Plexipave Color Base)— for use as the
finish color and texture. Plexichrome and Plexipave Color Base are blended at the job site to achieve the
correct surface texture. *Factory Fortified Plexipave may be used as an alternative material.
E. Line Paint (California Line Paint)— for use as the line marking on the court/play surface.
F. Water— for use in dilution/mixing shall be clean and potable.
2.3 MATERIAL SPECIFICATIONS
A. Court Patch Binder— acrylic resin blended with Portland Cement and silica sand.
B. Plexipave Crack Filler—acrylic resin heavily filled with sand.
C. California Acrylic Resurfacer — acrylic resin (no vinyl copolymerization constituent). The product
shall contain not less than 3.5% attapulgite.
D. Plexichrome Ultra Performance —acrylic resin (no vinyl copolymerization constituent) with selected
light fast pigments.
E. Plexipave Color Base — acrylic resin containing no vinyl copolymerization constituent. Contains not
more than 63% rounded silica sand.
F. California Line Paint — 100% acrylic resin containing no alkyds or vinyl constituents. Texturing shall
be rounded silica sand.
All surfacing materials shall be non-flammable and have a VOC content of not less than I OOg/L. Measured
by EPA method 24.
Local sands are not acceptable in the color playing surface. Sands must be incorporated at the manufacturing
location to ensure quality and stability.
TECHNICAL PROVISIONS TP -3
PART 3 EXECUTION
3.1 WEATHER LIMITATIONS
A. Do not install when rainfall in imminent or extremely high humidity prevents drying.
B. Do not apply unless surface and air temperature are 50°F and rising.
C. Do not apply if surface temperature is in excess of 140°F.
3.2 PREPARATION FOR ACRYLIC COLOR PLAYING SYSTEM
A. Removal of all coatings by Hydro -blasting, up to 40,000 p.s.i., ultra volume instantaneous vacuum
recovery system Pressure wash clean court slab, or another method to be approved by the City Engineer to
remove all existing coatings to prepare the surface.
B. Clean surfaces of loose dirt, oil, grease, leaves, and other debris in strict accordance with manufacturer's
directions. Pressure washing will be necessary to adequately clean areas to be coated. Any areas previously
showing algae growth shall be treated with Clorox or approved product to kill the organisms and then be
properly rinsed.
C. Holes and cracks: Cracks and holes shall be cleaned and a suitable soil ster lant, as approved by the
owner, shall be applied to kill all vegetation 14 days prior to use of Court Patch Binder according to
manufacturer's specifications.
D. Depression: Depressions holding enough water to cover a US five -cent piece shall be filled with Court
Patch Binder Patching Mix. 3 gallons of Court Patch Binder, 100 lbs. 60-80 silica sand, 1 -gallon Dry
Portland Cement (Type I). This step shall be accomplished prior to the squeegee application of Acrylic
Resurfacer. The contractor shall flood all the courts and then allow draining. Define and mark all areas
holding enough water to cover a nickel. After defined areas are dry, prime with tack coat mixture of 2 parts
water/1 part Court Patch Binder. Allow tack coat to dry completely. Spread Court Patch Binder mix true to
grade using a straight edge (never a squeegee) for strike off. Steel trowel or wood float the patch so that the
texture matches the surrounding area. Never add water to mix. Light misting on surface and edges to feather
in is allowed as needed to maintain work ability. Allow to dry thoroughly and cure.
NO WORK FROM THIS STAGE ON SHALL COMMENCE UNTIL AN INSPECTOR HAS ACCEPTED
THE SURFACE.
E. Filler Course. (Acrylic Resurfacer): Filler course shall be applied to the clean underlying surface in
one application to obtain a total quantity of not less than .06 gallon per square yard based on the material prior
to any dilution. Acrylic Resurfacer may be used to pre -coat depression and crack/hole repairs to achieve
better planarity prior to filler course application.
1. Over a properly repaired surface of asphalt on existing courts, apply one coat of Acrylic Resurfacer
according to the following mix:
Acrylic Resurfacer 55 gallons
Water 20 - 40 gallons
Sand 600-800 pounds / 60-80 mesh
TECHNICAL PROVISIONS TP -4
Liquid Yield 112-138 gallons
On new asphalt, two coats of Acrylic Resurfacer shall be used to properly fill all voids in the asphalt
surface. Use clean, dry 50-60 mesh sand and clean, potable water to make mixes. The quantity of sand
and water in the above mix may be adjusted within above limits to complement the roughness and temperature
of the surface.
2. Mix the ingredients thoroughly using accepted mixing devices and use a 70 Durometer rubber bladed
squeegee to apply each coat of Acrylic Resurfacer as required.
3. Allow the application of Acrylic Resurfacer to dry thoroughly. Scrape off all ridges and rough spots
prior to any subsequent application of Acrylic Resurfacer or subsequent cushion or color surface system.
3.3 APPLICATION OF ACRYLIC COLOR PLAYING SURFACE
A. All areas to be color coated shall be clean, free from sand, clay, grease, dust, salt or other foreign
matters. The Contractor shall obtain the Engineer's approval, prior to applying any surface treatment.
B. Blend color base and Plexichrome Ultra Performance with a mechanical mixer to achieve a uniform
Fortified Plexipave mixture. The mix shall be:
Color Base 30 gallons
Plexichrome 20 gallons
Water 20 gallons
C. Application shall be made by 50 durometer rubber faced squeegees. The Fortified Plexipave mixture
should be poured on to the court surface and spread to a uniform thickness in a regular pattern.
D. A total of 3 applications of Fortified Plexipave shall be made to achieve a total application rate of not
less than .15 gal./sy. No application should be made until the previous application is thoroughly dry.
3.4 LINE PAINTING
A. Line shall be 2" wide unless otherwise noted on the drawings. Lines hall be carefully laid out in
accordance with ASBA and USTA guidelines. The area to be marked shall be taped to insure a crisp line.
The California Line Paint shall have a texture similar to the surrounding play surface. Application shall be
made by brush or roller at the rate of 150-200 sg./gal. (3/4 gal, per tennis court).
3.5 PROTECTION
A. Erect temporary barriers to protect coatings during drying and curing.
B. Lock gates to prevent use until acceptance by the owner's representative.
3.6 CLEAN UP
A. Remove all containers, surplus materials and debris. Dispose of materials in accordance with local,
state and Federal regulations.
TECHNICAL PROVISIONS TP -5
B. Leave site in a clean and orderly condition.
Project Site:
Project Site is located at 7933 Emerson Place, Rosemead (Garvey Park). Below is the aerial showing the
existing tennis courts at Garvey Park, which the work will be performed:
TECHNICAL PROVISIONS TP -6
Plexipave product cutsheets are provided on the following pages.
CALIFORNIA"
SPORTS SURFACES
Tennis players avarywhere attest to the superior playablity of tha Plexipove system. Pko(pave's speed of play makes it possible
fa all" of players b excel, and its distinctive cimldies of consistently true bounce and sure footing enfonce coaching,
training and competition.
Available Versions: Plaxi Standard • Pkexi H.U. lsbr ,, more tortured version) • Plexi I.W. (the slowest of all versions)
1. Concrete or Asphoh
2. Acrylic Resurfaces
Acrylic Resufacer Bended
wh appramd nhm sand
3. Pkxippoovve
SmdFornfted Rexrpow cdor
prwdes a urnfann dace
rebore and deRrtnmea
Bre speed of play and
RaorM al rhe court
4. line Paint
A hurry bodied aq} lax
Daae ara.mb
• The #1 selling acrylic sports surface in the work)
• Easy to dean and mai Main
• Chosen fa use on athletic courts In public parks,
schools, dubs, odlages and private residanfial courts
• Can ba customized to meet preferred court pace rating
• Chosen by the BNP Paribas Open
(Indian Wolls,CAI for nearly 20 yeas
• Can be used for tennis, basketball, volleyball, pickleball, netball
and whole variety of athletic uses
• Id standard colors that are durable, vibrant and lor&stirg calors.
Custom colas available upor, request
• Provides uniform bounce, long lasting color and sure footing
TECHNICAL PROVISIONS TP -7
Plexipave
Meat the champion of
tennis surfacing systems
we xrke great pride in aea'
surfaces ideal for profession
spats and recre- hon use.
from athle& tracks to wtb,
courts ro muilipurpose spur
we afer a wide range of ui
deco dw solutions 6a3 wl
7-- 7,1-e the quolily of ynuT
` _ -- .r every way.
PLE)WAVE TENNIS SURFACE'.
AVAILABLE IN THIS ITF COUI
PACE RATING CATEGORY
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9-4 Penbm r
ba.. Wer',m: Gad,
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2:78 hrs�m�Cbn
s> CALIFORNIA OUR COMMITMENT TO QUALITY
SPORTS SURFACES
Since 1953• Calrfarria SFurts S,ro=es nas pfa!'n --] cam:; •Rens wlr. opre^.- -c-, 3 d oc-ylc Wrace syssems.
Our products include DcoTurf, Plmupove. Rebound Ace, Plexitroc, Guardia - Repair, Premia Sports and
Preneier Sports Coatings. We prcmde tfe world with mrnfotloble, ;ushioned surfaces for a vani
of volessiornl, collegiate and reaeatbno spats as vxf as deccraiise proiects, bike lanes. packing lots and mare.
ej
TECHMCAL PROVISIONS TP -8
CALIFORNIA®
SPORTS SURFACES
PLE.WAVE INSTALLATION GUIDE
DESCRIPTION
This specification covers the application of a new Plex 1pave athletic surface on new m existing mucrete courts that
have a sound well -drained base of adequate thickness and stability.
ACCEPTABLE BASE SPECMCATION
The success of the all-weather characteristics of resurfacing is dependent on a sand base (with good
drainage) and asphalt or concrete meeting the requirements of American Sports Boulders Association. Surface
variation should not exceed 11 inch in ten feet when measured in any direction with a straightedge and a slope of 1
inch in 10 feet all in one plane. Surfaces should be properh- sloped for good drainage. and free from cracks.
New Concrete- CSS requires a minimum nae time of 28 days on new concrete. Concrete must have vapor barrier
installed below the slab to prevent moisture tnasmissioa Concrete should have a medium -broom finish to allow
for proper adhesion Absolutely no concrete curing- compounds may be use& lightweight concrete is not an
acceptable substrate. If water -proofing products are installed on the concrete, the supplier needs to guarantee that
their system is compatible with acrylic coatings.
CONCRETE PREPARATION
New concrete most be acid -etched with either phosphoric. muriatic acid and must be thoroughly rinsed to remove
laitauce and sah and to reduce alkalinity. California Concrete Preparer is a self-neuraliaag alternative.
California Ti -Coat Epoxy should be installed as an adhesion promoter prior to the Acrylic Resurfacer.
Ti -Coat Part`A'
1 Ti -Coat Part`B'
Equal parts
I Equal pub
lot mix stand for 20 minutes prior to atioa
Coverage rate is approximately- 300400 square feet per gallon (28-37 m=lgal)per coat depending on the porosity
of the surface.
Use a short nap phenolic core roller. Apply a thin, wet coat Be careful to remove any fat spots. Use all mixed
material within 4 hours.
Ti -Coat will dry within three hums of the application. Acryhc Resurfacer applied within one to thin hours of the
application of Ti -Coat wbile still tacky to the fingertip touch will provide maximum adhesion. Ti -Coat will div
faster on a hot day and slower on a cool day. but in aB cases Acrylk Resurfacer mint be appHrd the same day.
Exisdag Courts Should be free of dirt debris and any blistering a delamination of the existing coatings. Surface
should be cleaned and pressure -washed to remote any loose coatings or contaminants. Any depressiens or low
spots should be repaired to bring the cant to proper nnifomrity.
No part of the installation shall be conducted during rainfalL or when rainfall is imminent. The air and surface
temperature must be a minimum of 50°F (100C) and rising. Do not apply when surface temperature is above 14VF
(WC)
COURT PATCHING - The surface to be mated must be sound. smooth, and free from dust dirt or
oily materials. Prior to the application of surfacing materials. the entire surface should be flooded and left in direct
nmlight for one hour under ideal conditions and checked for minor depressions ar irregularities. Any puddled area
that exceeds 11 inch in depth shall be marked and repaired with Court Patch Binder using the following mix:
PAGE r—REVISED 10.8.19
UMaa Slabs:150 D.M R1, MdO . MA 01610 •975. .9aa0
AuWaaa: 9132 A9 se1rbty MN* rullff dB_1IgWaa 3-1.81K)7a6617 r
ulM lafpoMsurboes.eem•x Jwwps "ICP
1#al9lep nulldkV Solulbu9 croup. all fthis feaNVad. 44h ••�•_ �_..
TECHNICAL PROVISIONS TP -9
*>CALIFORNIA®
SPORTS SURFACES
I00lbs. 45k of 60-80 mesh silica sand
3 101.Court Patch Binder
12-24 lbs. 5.5-11 k ,Portland Cement on humridi • and temperature)
Tack coat consisting of I -part Court Patch Binder and 2 pans water shall be applied to the patch areas and
allowed to dry thoronghlq prior to patching- After patching. the surface shall not vary more than 1:8 inch in
tm feet measumred m aura• direction. Edges of the patch should be sanded down as necessary•, to avoid ridges.
CRACK FELLLNG
California Crack Filler may be applied by hand trowel or small broad knife to fora crack filler into cracks. Do not
dilute. Cracks need to be cleaned and free of moat re. Will not prevent the reappearance of cracks in the substrate.
ACRIUC RES11IRFACER
In ori to provide a uniform featured surfam for the PImpave system Acrylic Resurfacer shall be applied to
obtain a coverage rate of 05- 07 gallons per square yard (.16-.22 liters per square meter) per coat prior to any
dilution On new a rough asphalt a second coat may be necessary. No application shall be covered by a
succeeding application rntil thoroughly tined Dilution with water and sand is required utiliane the following mix
ratio:
Acrylic
Resorfacer
Sand
40-60 mesh
Nfix
Clean. potable
Water
Mix
18 gallons
225-250
5 minutes or
until uniform
8-12 gals
5 Dims or until uniform
Mix should not sit more than 20 minutes prim to application.
Cure time is roughh, 4 hours under ideal conditions.
Cure time is approcumately 2-4 hours under ideal conditions.
dYield37-06 gallons(141-17Z)
Application methods:
• Use a 50-70 durometer rubber squeegee to level material across the court.
• After initial porn, acrylics should not be poured ono dry surface. Poon additional materials into Besting
wet windrow.
• Can should be taken not to leave ridges where adjoining applications overlap.
• Under hot conditions, application is improved by keeping surface damp with a fine mist water spray. Do
not allow water to puddle.
FORTIFIED PLEWAVE (FIELD -ML D)
Fortified Plempavx shall be applied to a clean, dry surface in a minimum of 2 applications to obtain a total quantity
of not less tban .10 gallons per square yard (32 liters per square meter). prior to nay dilution. No application shall
be covered by a succecdma amilication until thorcutduh• cured
Plesichrome
Ultra
Performance
Color Base
Mix
Clew,
potable
plater
Mix
10 gallons
15 rams
S minutes or until umifosm
10 crams
5 mms or now umifoaut
Mit should not sit more than 20 mutes prior to application.
Cure time is roughh, 4 hours under ideal conditions.
Liquid Yield 35 133E
The diluted material shall be homogenous. The finished surface shall have a uniform appearance.
PAGE 2— REVISED 10.8.19
TECHNICAL PROVISIONS TP -10
CALIFORNIA®
SPORTS SURFACES
PLk1TL G LINES — Fourhours mimrmrm after completion of the color resurfacing, the appropriate lice makings
for the desired sport shall be accurately located marked and painted with California Line Paint as specified Far
cleaner, sharper line markings, it is recommended that the masking tape be sealed with either Line Rite a undilmed
Pleaichmme Ultra Performance, prior to the application of the Line Paint.
Allow finished surface to cure a minim,. of 24 hours before opening surface to use.
LOffFAIIONS
Will not prevent surface or structural cracks fiom occurring or reoccurring
Will not prevent metal or organic staining if there are contaminants in the subsurface.
Do not allow product to freeze.
Do not store in direct sunlight.
Indoor application will require a minimum constant temperature of 70eF (21°C) and proper air ventilation.
PAGE 3— REMED 10.8.19
Undo Steles: 1500s—ft tM.. Anarmr. MAB1B10•91B.62i.B9aD
AuettrAUe: x-32 ASxrrGj nrn+. Tullam Mr Mn a 3M3 • 1.600166 617
C IllamlasprvbewMfe .fib W JcMmp.
C10191CP nuiMUla Mull Gm All riaBfe reaery
TECHNICAL PROVISIONS TP -11
i
." DNP PARI6AS
vg> CALIFORNIA®
Plex1pave
NEW COLORS. NEW POSSIBILITIES.
Our surfaces are superior in every way — even when it comes
to style. Our team actively collaborates with owners, governing
bodies and event organizers in selecting colors that help
balance visibility, aesthetics and surface temperature.
Plexipave Ultra Performance formulation provides an all-weather,
durable, quick -drying color surface engineered to resist
deterioration from UV rays. Even if you're applying to asphalt
or concrete, we'll make your project a hit.
PIDIPAVEt TERNS SURFACE ARE AVAILABLE IM THIS RE COUNT PACE RATING CATEGORY
Thef can also be =a4 d based on your personal p,r=_'=I �e:
MULTI -SPORT SURFACE SOLUTIONS FOR:
TECHNICAL PROVISIONS TP -13
AFFILIATIONS
ITF .
A901 -
0
0.xttfl0.0.11
lIUIEIALL
0.0LLER 5latiS
If NNIS
IRT0.I,LL
MllatDllRlaSE
TECHNICAL PROVISIONS TP -13
AFFILIATIONS
ITF .
A901 -
DARK GREEN MEDIUM GREEN LIGHT GREEN
DARK 6.UE
LIGHT BLUE
RED GRAY
PURPLE
LINE
PAINT
�kRa�u,�xM�drm.a�
RED
ORANGE
YELLOW
MEN
GREEN
BLUE
BLACK
lhPm tr.xa:n . se ::f x:x fee ix:.e[.�aSawnm¢o�Wa�bpM n:Yeel mp}+w:-. rv6t:m GY .In:¢-bi:.
TECHNICAL PROVISIONS TP -14
PRO PERFORMANCE, EVERYDAY PLAY
Meet the industry leader of athletic surfacing systems. Since 1953, Plexipave has
been the original sports surface brand of choice for many high profile events,
including the Australian Open from 2008 to 2018. We take great pride in creating
surfaces that are ideal for professional sports and recreational use. From tennis and
netball courts to muni -purpose sports, we offer a wide range of unique, decorative
solutions that will enhance the quality of your project in every way.
♦>CALIFORNIA OUR COMMITMENT TO QUALITY
SPORTS SURFACES
C
a EVEN OUR FIF CERTIFICATION IS IN A CLASS ALL ITS OWN
TECHNICAL PROVISIONS TP -15
See below specifications U tenniscourt striping layout.
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See below specifications for pickleball conversion from tennis court.
Contractor shall install tennis court striping per Tennis Court Striping layout, and also install the
pickleball striping layout as shown on the following pages. The only tennis court, which will receive
additional pickleball striping is the 1 each tennis court on the far east side. The other 4 each tennis
courts will only receive new tennis court striping.
Converting tennis courts into pickleball courts is a common solution to the shortage of
pickleball courts. Most conversions take up about 50% of the tennis court, but this can
vary depending on the layout of the tennis court and how much space is needed for the
pickleball net and players. If you want to convert a tennis court into four pickleball courts,
you will need to use the entire tennis court.
TECHNICAL PROVISIONS TP -17
Line Tolerances:
20 ft.
Not line to outside of NVZ Ina 7' ♦/- Ys'
Net line to outside of baseline: 22'+/- W
Outside sideline to outside sideline: 20' +/- Y.
Outside sideline to conaldin:10'+/- Ya'
Diagonal dimension to out of Imes: 48' 4'+/-34'
Recommend Not Posts Ex Wirt
12 in. Outside Sidoli no
sew. dLxnWlMb 2"
Net Height at Sideline- 38 in.
(34 h el Certe(J
Non -Volley Oro
7 tt.
44 R.
QddeellCy
' ,P
)qb
P/CKLEBALC
You play the best sport Now (wild the best court.
Info at USAPINdebaff.oWbotrts
One of the keys to taking your picklebell game to the next
level is having a convenient place to play. Metheryou're
setting up for serious compatition, casual games with friend;
or a temporary surface for an went, knowing the basks can
help you get the most 0oymem out of your cart. These
guidelines will getyou started on buikingthe court that's
perfect for yar specific needs.
TECHNICAL PROVISIONS TP -18
COURTLAYOUT
Besollnes: sur parallel to the net at the and of the coat.
Malin"; conning the length ofthaoourt.
Nonvolbyzono 04VZ): the area on olt ers cto of the net
bond In by a line parallel wand 7 foot from the not" two
sidelines.
Contadirw: eztentls down the center from the baselines to
the NVZ, dividing the court.
Service area: the area 6oyord the NVZ on either side of
the contorine, koludingt a caraerina sdeikie.ad baseline.
SURFACE
Any had surface (is. concrete or mphalt)wHl suffice for
outdoor ganepla7, w"as It's frea of claims. Orals will
not allow fine heti to bourtoe,butddveways orcuFdu-sacs
can work fine with anough space. Ideally, the surface area
should be about 30 foot by BOfaet. For more professional
and pamlerent outdoor coat surfacing, there are sport
surfecing systems and services mailable.
NETTING
The natcan be made outof any mash material that will not
allow a bol to pan througr. k should be at least 21 feet 9
Inches long, stretching from post to post from the bottom
edge to the top It should be at least 30 inches wide. The
posts should be 22 foot apart, and no more than 3 inches In
diamatec Once the not Is suspended from the posts across
the center of the court,It should be 30 Inches tall at the
sidelines, and 34 Inches tall in the co tor. Tho top edge of
the not should have a cad or cable and it should be covered
with a 2 -inch We.
OFFIGAAL PARTNERS
SporrMaster M
ymmsa+.x[ Iser�
—�Aaan
LINES
Lucas can be made with chalk, tape, paurt, or mon crayon.&,
but generally tape is the best option for DIY.
pilla e
The lines, netting, and space mquiremerdsfor Indoor
pickleball play arethe same as outdoor, buttaffeant
ligaing, forcing, and surfacing options as available, and
shoud be considered. Indoor play allows for fluome ent
ligakrg options that cannot function outside like HID and
LED igdswould. Indoor play also allows for different
flooring options that are not feasible outdoors, like
hardwood or rubbahad surfaces. fencing considerations
can alsovary more with Indoor courm,as the surounding
amtasrera does notposo as much arMc as it may outdoors,
TECHNICAL PROVISIONS TP -19
Attachment C
Construction Contract Agreement with
Trueline Construction & Surfacing, Inc.
CONSTRUCTION CONTRACT
GARVEY PARK TENNIS COURTS RESURFACING PROJECT
(TRUELINE CONSTRUCTION & SURFACING, INC.)
PARTIES AND DATE
This Contract is made and entered into this 10th day of January, 2023 (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 Trueline
Construction & Surfacing, Inc. with its principal place of business at 12397 Doherty St.,
Riverside,CA 92503 (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 Garvey Park Tennis
Courts Resurfacing 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
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.
Trueline Construction & Surfacing, Inc.
Page 2 of 11
3.1.2 Term. The term of this Contract shall be from Effective Date shown
above to January 10, 2024 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 Janet
Bangs, or his designee, to act as its representative for the performance of this Contract
("Contractor's Representative"). Contractor's Representative shall have full authority to
represent and act on behalf of the Contractor for all purposes under this Contract. The
Contractor's Representative shall supervise and direct the Services, using his/her best skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Contract.
Trueline Construction & Surfacing, Inc.
Page 3 of 11
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform
all Services under this Contract in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License if
applicable, and that such licenses and approvals shall be maintained throughout the term of
this Contract. As provided for in the indemnification provisions of this Contract, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Contractor's
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub -contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all local, state aind federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for
the duration of this Contract, insurance coverage as specified in Exhibit B attached to and
part of this Contract.
3.2. 10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
Trueline Construction & Surfacing, Inc.
Page 4 of 11
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws,
and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of
per diem wages in effect at the commencement of this Contract. Contractor shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of
worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond: If specifically requested by City,
Contractor shall execute and provide to City concurrently with this Contract a Performance
Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and
in a form provided or approved by the City. If such bond is required, no payment will be
made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically
requested by City, Contractor shall execute and provide to City concurrently with this
Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated
in this Contract, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or
replace the affected bond within 10 days of receiving notice from City. In the event the
surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days
prior written notice shall be given to the City, and Contractor shall post acceptable
replacement bonds at least ten (10) days prior to expiration of the original bonds. No further
payments shall be deemed due or will be made under this Contract until any replacement
bonds required by this Section are accepted by the City. To the extent, if any, that the total
compensation is increased in accordance with the Contract, the Contractor shall, upon
request of the City, cause the amount of the bonds to be increased accordingly and shall
promptly deliver satisfactory evidence of such increase to the City. To the extent available,
Trueline Construction & Surfacing, Inc.
Page 5 of 11
the bonds shall further provide that no change or alteration of the Contract (including, without
limitation, an increase in the total compensation, as referred to above), extensions of time, or
modifications of the time, terms, or conditions of payment to the Contractor, will release the
surety. If the Contractor fails to furnish any required bond, the City may terminate this
Contract for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California -admitted surety with a current A.M. Best's rating
no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing
bonds does not meet these requirements, the insurer will be considered qualified if it is in
conformance with Section 995.660 of the California Code of Civil Procedure, and proof of
such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. The total compensation shall not exceed Seventy -Six
Thousand Four Hundred Forty Dollars ($76,440.00) 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, butwhich
the parties did not reasonably anticipate would be necessary at the execution of this
Contract. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Contract. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Contract. Contractor shall allow
Trueline Construction & Surfacing, Inc.
Page 6 of 11
inspection of all work, data, documents, proceedings, and activities related to the Contract
for a period of three (3) years from the date of final payment under this Contract.
3.5 General Provisions.
3.5.1 Termination of Contract.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Contract at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Contractor shall be compensated only for those services that have been
adequately rendered to City, and Contractor shall be entitled to no further compensation.
Contractor may not terminate this Contract except for cause.
3.5.1.2 Effect of Termination. If this Contract is terminated as
provided herein, City may require Contractor to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Contractor in connection with the
performance of Services under this Contract. Contractor shall be required to provide such
document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Contract is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Contract
shall be given to the respective parties at the following address, or at such other address as
the respective parties may provide in writing for this purpose:
CONTRACTOR:
Trueline Construction & Surfacing, Inc.
12397 Doherty St.
Riverside,CA 92503
Attn: Janet Bangs
Tel: (951) 817-0777
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
party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
Trueline Construction & Surfacing, Inc.
Page 7 of 11
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Contract.
3.5.4 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Contract, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services, the Project or this Contract, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and
expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all
such aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such
suit, action or other legal proceeding. Contractor shall reimburse City and its directors,
officials, officers, employees, agents and/or volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds,
if any, received by the City, its directors, officials, officers, employees, agents or volunteers.
3.5.6 Entire Contract. This Contract contains the entire Contract of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations and
understandings. This Contract may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Contract shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision
of this Contract.
3.5.9 City's Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Contract shall be binding on the
successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Contract or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
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attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Contract, the language of this Contract shall
be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days
and not workdays. All references to Contractor include all personnel, employees, agents,
and subcontractors of Contractor, except as otherwise specified in this Contract. All
references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Contract. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Contract.
3.5.13 Amendment; Modification. No supplement, modification, or amendment
of this Contract shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppels, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employeeworking solely for Contractor, anyfee, commission, percentage, brokeragefee, 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.
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3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that
it is aware of the provisions of Section 3700 of the California Labor Code that require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Contract. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Contract. Each
Party warrants that the individuals who have signed this Contract have the legal power, right,
and authority to make this Contract and bind each respective Party.
3.5.21 Counterparts. This Contract may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of
the work required by this Contract, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Contract.
[SIGNATURES ON NEXT PAGE]
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CITY OF ROSEMEAD
Ben Kim, City Manager
Attest:
Date
Ericka Hernandez, City Clerk
Approved as to Form:
uate
Rachel Richman, City Attorney Date
TRUELINE CONSTRUCTION &
SURFACING, INC.
By:
Signature Date
Name:
Print
[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary, AND CORPORATE
SEAL OF CONTRACTOR REQUIRED]
Title:
Trueline Construction & Surfacing, Inc.
EXHIBIT A
SCOPE OF CONTRACT SERVICES
SEE ATTACHED BID SCHEDULE/PROPOSAL
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*:/:11-111?
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 setforth
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:
Trueline Construction & Surfacing, 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 forthe completed value
of the project. There shall be no coinsurance penalty or provisional limit provision in any
such policy. Policy must include: (1) coverage for any ensuing loss from faulty
workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2)
coverage against machinery accidents and operational testing; (3) coverage for removal of
debris, and insuring the buildings, structures, machinery, equipment, materials, facilities,
fixtures and all other properties constituting a part of the Project; (4) Ordinance or law
coverage for contingent rebuilding, demolition, and increased costs of construction; (5)
transit coverage (unless insured by the supplier or receiving contractor), with sub -limits
sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine
cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with
sub -limits sufficient to insure the full replacement value of any property or equipment stored
either on or off the Site or any staging area. Such insurance shall be on a form acceptable
to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency
prior to commencement of construction.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A. M. Bests rating of A- or better and
a minimum financial size 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
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using standard ISO endorsement No. CG 2010.. Contractor also agrees to require
all contractors. and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Contract shall prohibit
Contractor, or Contractor's employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against
City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable
to this Contract are intended to apply to the full extent of the policies. Nothing
contained in this Contract or any other Contract relating to the City or its operations
limits the application of such insurance coverage.
4. None of the coverage required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first submitted
to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverage required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to City at or
prior to the execution of this Contract. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and
no replacement coverage is provided, City has the right, but not the duty, to obtain
any insurance it deems necessary to protect its interests under this or any other
Contract and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Contractor or deducted from sums due Contractor, at City
option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Contractor agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
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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
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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
Resolution No. 2023-06
RESOLUTION NO. 2023-06
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 GARVEY PARK TENNIS COURTS
RESURFACING PROJECT - PROJECT NO. 39007
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 Garvey Park Tennis
Courts Resurfacing Project ("Project') in the amount of $50,000; and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adoption of the budget; and
THE ROSEMEAD CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The City Council hereby approves an appropriation in the amount of Forty
Thousand Dollars ($40,000) in Street Lighting District Funds to increase funding for the Project,
for a total Project budget of $90,000.
SECTION 2: The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1011 day of January, 2023.
Sean Dang, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel H. Richman, City Attorney
Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
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. 2022-06 was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 10th day of January, 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk