CC – Item 4C – Award of Contract To Trueline Construction And Surfacing Inc. For Rosemead Park Basketball Courts Resurfacing Project No. 41025 And Adopt Resolution No. 2024-10ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: MARCH 26, 2024
SUBJECT: AWARD OF CONTRACT TO TRUELINE CONSTRUCTION AND
SURFACING INC. FOR ROSEMEAD PARK BASKETBALL COURTS
RESURFACING PROJECT NO. 41025 AND ADOPT RESOLUTION
NO. 2024-10
SUMMARY
As part of the City's Fiscal Year 2023-2024 Capital Improvement Program, the City Council
approved the Rosemead Park Basketball Courts Resurfacing Project. The project consists of
removal of all surface coatings, striping and resurfacing of the three (3) existing basketball courts
with new acrylic color coating and installation of new striping. Temporary project fencing with a
privacy screen will be in place during the resurfacing of the basketball courts. On January 25,
2024, staff published a Notice Inviting Bids for the Project. On February 28, 2024, the City
received one (1) sealed bid. Staff recommends authorizing the City Manager to execute a
construction contract with Trueline Construction & Surfacing, Inc. in the amount of $62,592.
DISCUSSION
A Notice Inviting Bids was published in local newspapers and trade publications on January 25`h
and February V, 2024. Bids were received through the City's Planetbids portal until 10:30 am
on Wednesday, February 28`h, 2024. The City received one (1) bid with the following results:
Contractor
ILocation
Bid Amount
Trueline Construction and Surfacing Inc.
I Riverside, CA
$62,592.00
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 and Surfacing, Inc. in the amount of $62,592.00 is determined to be the lowest
responsive bid.
AGENDA ITEM 4.0
City Council Meeting
March 26, 2024
Page 2 of 3
Rosemead Park is located at 4343 Encinita Avenue and is approximately 18 acres in size. The
basketball courts are very popular and heavily utilized elements of the park. The basketball court
surface is in significant need of resurfacing due to paint loss, cracking, and other safety hazard
conditions.
STAFF RECOMMENDATION
It is recommended that the City Council:
Approve the plans and specifications for the Rosemead Park Basketball Courts
Resurfacing — Project No. 41025.
2. Authorize the City Manager to execute into a contract with Trueline Construction and
Surfacing, Inc., for the bid amount of $62,592.00. In addition, authorize an amount of
$6,259.20 (10%) as a contingency to cover the cost of unforeseen construction
expenses, for a total amount of $68,851.20; and
3. Adopt Resolution No. 2024-10 amending the City's Fiscal Year 2023-24 CIP Budget
to appropriate additional funds in the amount of $6,000 from the Street Light District
Fund to increase the funding for the Rosemead Park Basketball Court Resurfacing
Project, for a total project budget of $70,000.
FINANCIAL IMPACT
The approved FY 2023-24 funding for this project consists of $64,000 in Street Light District
Funds. Staff is requesting to appropriate an additional $6,000 in Street Light District Funds to
increase the total project budget to $70,000.
The following is the breakdown of the construction phase budget:
Construction Contract $62,592.00
Construction Contingency (10%) $6,259.20
Total Construction Budget $68,851.20
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (C) of the CEQA Implementing Guidelines.
STRATEGIC PLAN IMPACT
The project is consistent with the City of Rosemead's Strategic Plan Goal C - Infrastructure and
Facilities.
City Council Meeting
March 26, 2024
Page 3 of 3
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared By:
Dapfielle G cia
Public Works Fiscal & Project Manager
Submitted by:
oya Wang
Public Works Director
Attachment A: Bid Opening Results
Attachment B: Trueline Construction and Surfacing, Inc. Bid Proposal
Attachment C: Contract Agreement with Trueline Construction and Surfacing, Inc.
Attachment D: Resolution No. 2024-10
Attachment A
Bid Opening Results
MINUTES OF THE BID OPENING
NOTICE OF INVITING BIDS -NIB NO. 2024-04
RESURFACING OF THE ROSEMEAD PARK BASKETBALL
COURTS
PROJECT NO. 41025
Due Wednesday, February 28, 2024 at 10:30 a.m.
A total of 1 bids were received.
Submitted By:
Ericka Hernandez, City Clerk
Contractor
City
Date/Time
Bid Amount
Received
1.
Trueline Construction & Surfacing, Inc.
2/27/2024,
$62,592.00
08:21:37 AM
Submitted By:
Ericka Hernandez, City Clerk
Attachment B
Trueline Constriction & Surfacing, Inc.
Bid Proposal
BIDDER: Trueline Construction & Surfacing, Inc.
BASE BID SCHEDULE
SCHEDULE OF PRICES FOR
ROSEMEAD PARK BASKETBALL COURTS RESURFACING PROJECT
PRn YVVTN.. A1Mle
NO.
ITEM DESCRIPTION
EST.
' UNIT
UNIT
ITEM
QTY.
PRICE
COST
Removal of all surface coatings, striping for the
THREE (3) existing basketball courts located
at Rosemead Park. Resurface and restripe
basketball courts including but not limited to
the following: Full court surface removal and/or
grinding to provide for a tight surface. Patch
cracks and spalls as necessary and grind
displaced areas on cracks so both sides are
level. Resurface courts, power wash to clean,
apply primer coat, apply black Sportmaster
resurfacer coat mixed with #60 silica sand to
1
provide a superior base for color coats. Apply
two color coats, mixed with #90 sand of
1
LS
$ 58,148.00
$ 58,148.00
Sportmaster color. Installation of new
basketball court striping per standard layout
provided on the Technical Provisions. Stripe to
standard industry court specifications for
basketball courts, medium speed of play Stripe
Play Lines, Sharp and Accurate to ASBA
specs, Lines to be white Latex Acrylic line
paint. Colors to be Biege and Red to match the
existing colors of the THREE basketball
courts. Remove and replace caulking with
Sika -Flex 2CSL.
Install 490 feet (6' high) temporary chain link
construction fence with privacy screen around
2
the perimeter of the work site throughout
constriction until the project is accepted by the
1
LS
$ 4,444.00
$ 4,444.00
City.
TOTAL BASE BID AMOUNT IN NUMBERS
$ 62,592.00
TOTAL BASE BID AMOUNT IN WORDS:
Sixy two thousand five hundred ninety two dollar. _-_-_--—
CBF -2
BIDDER: Trueline Construction & Surfacing, Inc.
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 Rovern 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 inC.
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
NPDES, W WECP, and Best Management
Practices (BMPs), Public Convenience and
Safe
D. Construction Staking by Land Surveyor
E. Clearin and Grabbin
The bid prices shall include any and all costs, including labor, materials, appurtenant expenses,
taxes, royalties and any and all other incidental costs to complete the project, in compliance
with the Bid and Contract Documents and all applicable codes and standards.
The City reserves the right to add, delete, increase or decrease the amount of any quantity
shown and to delete any item from the contract and pay the contractor at the bid unit prices so
long as the total amount of change does not exceed 25% (plus or minus) of the total bid
amount for the entire project. If the change exceeds 25%, a change order may be negotiated to
adjust unit bid prices.
All other work items not specifically listed in the bid schedule, but necessary to complete the
work per bid and contract documents and all applicable codes and standards are assumed to be
included in the bid Drices.
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 ($ 1 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.
CBF -3
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, President
Date of Inspection:
2/6/2024
ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of the following Addenda and has included their provisions in
this Proposal:
Addendum No. 01
Addendum No. 02
Addendum
Addendum
Dated 2/6/2024
Dated 2/15/2024
Dated
Dated
CBF -5
BIDDER: Trueline Conshucfion & 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.
WAM-9
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 tyro -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
Janet Bangs
Type or Print Name
Vice President
BIDDER: Trueline Construction & Surfacing, Inc.
12397 Doherty Street
Business Street Address
Riverside, CA 92503
City, State and Zip Code
951-817-0777
Telephone Number
BiddefS/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 the
corporation, partnership or joint venture has the authority to do so
CBF -8
BIDDER: Trueline Construction & Surfacing, Inc.
SECTION2
BID DATA FORMS
BIDDER: Trueline construction & Surfacing, Inc.
Bond No. BB2022736
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
CITY OF ROSEMEAD (hereinafter
Surety, are held firmly bound unto the
called the OWNER) in the sum of
($ 10% ), being not less than ten percent (10%) of the Total
Bid Price; for the payment of which sum will and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work
required for the ROSEMEAD PARK BASKETBALL 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 At�r_n cFn ED, this 20th day of February
2fuelme Construction & Surfa ng, Inc.
- '- Principal
y -. j
ture
2024
American tractors Indemnity Company
L) (SEAL)
Sure
By:
Signature Paul S. Dito, Attomey- in -Fact
CBF -10
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On FEB 2-# 2024 before me, K. Ho, Notary Public
(insert name and title of the officer)
Personally appeared Paul S. Dito
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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. No
Nopry publit - Ca f.la
Oran" County
COMM. f0 12- 26.2'
My Comm. Expire Na 26, E026
Signature (Seal)
TOKIOMARINE
HCC
KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY
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 BB2022736
issued in the course of its business and to bind the Company thereby, in an not exceed
Three hundred thousand and 00/100 ( $3 amount amOunt0.00 to 1.
This Power of Attorney is granted and signed and sealed by facsimile under and by the authority of the following resolutions adopted
September, 2011.
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1" day of
'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 power and authority to appoint any one or more suitable persons as Attomey(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 certificete 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 Indemnik qompany has caused its seal to be affixed hereto and executed by its
President on this 18tl1 day of April, 2022.4`�T'.:"^.
A Notary Public or
State of California
County of Los Angeles
this
AMERICAN CONTI;gCT� INDEMNITY COMPANY
111A�,( I'MM
SE o9Amo ;<6 By.
Ada S. Pessin, President
On this 1803 day of April, 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President ofAmerican
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 We and correct.
WITNESS my hand and official seal sa9wo. a90cx
N9ury PubNc.4�IwMa
Signature fi
(seal)
� P161O1, r 1399710 -
.vc .rspwwn. m:e
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 hand and affixed the seals of said
20th day of February 2024
_nr
Bond No. BB2022736 ?3"%
Agency No. 8007 f ci � �p
Visit tmhw.com/surety
s at Los Angeles, California this
Kio Lo, Assist�
HCCS0aPOAACIC07aQ23
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 I percent of the Contractor's total bid or ten
thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of
the Work which will be done by each subcontractor. Bidder shall list only one
subcontractor for any one portion of the Work.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow
Bidders twenty-four (24) additional hours after the deadline for submission of bids to
submit the information requested by the Owner about each subcontractor, other than the
name and location of each subcontractor.
If the Bidder fails to specify a subcontractor for any portion of the Work to be performed
under the Contract, it shall be deemed to have agreed to perform such portion itself, and
shall not be permitted to subcontract that portion of the Work except under the conditions
hereinafter set forth below.
Subletting or subcontracting of any portion of the Work in excess of one half of one percent
(greater than 0.51/6) 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.B LIST OF PROPOSED SUBCONTRACTORS (continued)
[**Duplicate Next 2 Pages if needed for listing additional subcontractors.**
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:NONE
Address:
License No.:
Department of Industrial Relation Registration
Name and Location
of Subcontractor
License No.:
Description of Work
to be Subcontracted
Department of Industrial Relation Registration No.
Name and Location
of Subcontractor
Description of Work
to be Subcontracted
License No.:
Department of Industrial Relation Registration No.
Name and Location
of Subcontractor
Description of Work
to be Subcontracted
Name:
Address:
License No.:
Department of Industrial Relation Registration No.
Name and Location
of Subcontractor
Description of Work
to be Subcontracted
License No.:
Department of Industrial Relation Registration No.
CBF - 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 • City of Santa Clarita, 23920 Valencia Blvd, Santa Clarita, CA 91355
Name and Address of Owner
Juan Martinez, 661-290-2229
Name and telephone number of person familiar with project
170,843.00 Resurface Basketball Courts 1/19/2024
Contract amount Type of Work Date Completed
2. Santa Ynez Valley High School District, 2975 East Hwy 246, Solvang, CA 93463
name and Address of owner
Jennifer Rasmussen, 80M88-6487
Name and telephone number of person familiar with project
80,859.74
Contract amount
Resurface Tennis Courts
Type of Work
3. City of Coronado, 1825 Strand Way, Coronado, CA 92118
Name and Address of Owner
Jackie Lu, 619-522-7314
Name and telephone number of person familiar with project
1/19/2024
Date Completed
$480,344.53 Resurface and Restore Courts 8/4/2023
Contract amount Type of Work Date (
CBF -13
4.
BIDDERTrueline Construction & Surfacing, Inc.
City of Rosemead, 8838 E Valley Blvd, Rosemead, CA 91770
Name and Address of Owner
Leonardo Martinez, 909-595-8599
Name and telephone number of person familiar with project
$76,440.00 Resurface Tennis Courts 10/16/2023
Contract amount Type of Work Date Completed
CBF -14
BIDDER: Trueline Construction & Surfacing, Inc.
SECTION3
NON -COLLUSIONAFFIDAVIT
CBF -15
BIDDER: Trueline Construction & Surfacing, Inc.
NON -COLLUSION AFFIDAVIT
In accordance with Public Contract Code Section 7106, the undersigned, being first duly
sworn, deposes and says that he or she holds the position listed below with the bidder, the
party making the foregoing bid, that the bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation;
that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not
in any manner, directly or indirectly, sought by agreement, communication, or conference
with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder, or to secure any
advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid,
and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any memberor agent thereof to effectuate a collusive or
sham bid. t \/
Sigg3ture
Subscribed and sworn before me
This _ day of
Notary Public
the State of.Ci
My Commission Expires:
Janet Bangs
Typed or Printed Name
Vice President
Title
Trueline Construction & Surfacing, Inc.
Bidder
CBF -16
(Seal)
IDAHO NOTARY ACKNOWLEDGEMENT
State of 0
County of t D
This record was acknowledged
(Stamp)
BILLIE SUE SUDER
Notary Public - State of Idaho
Commission Number 20224323
Commission Expires 09-02-
2020
9Sign
before me on� v r 4by !�
SAI �,e S�t� S� �
VJ
Sig notary Pubii�
My commission expires: �I Z i5
Attachment C
Contract Agreement with Trueline Construction
and Surfacing, Inc.
CONSTRUCTION CONTRACT
ROSEMEAD PARK BASKETBALL COURTS RESURFACING PROJECT
Trueline Construction and Surfacing, Inc.
PARTIES AND DATE
This Contract is made and entered into this 26th day of March, 2024 (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 and Surfacing, Inc. with its principal place of business at 12397 Doherty street
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 ROSEMEAD PARK
BASKETBALL 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
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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 March 26th, 2025 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
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Contract.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform
all Services under this Contract in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License if
applicable, and that such licenses and approvals shall be maintained throughout the term of
this Contract. As provided for in the indemnification provisions of this Contract, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Contractor's
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub -contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all local, state aind federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for
the duration of this Contract, insurance coverage as specified in Exhibit B attached to and
part of this Contract.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
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performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws,
and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of
per diem wages in effect at the commencement of this Contract. Contractor shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of
worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond: If specifically requested by City,
Contractor shall execute and provide to City concurrently with this Contract a Performance
Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and
in a form provided or approved by the City. If such bond is required, no payment will be
made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically
requested by City, Contractor shall execute and provide to City concurrently with this
Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated
in this Contract, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or
replace the affected bond within 10 days of receiving notice from City. In the event the
surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days
prior written notice shall be given to the City, and Contractor shall post acceptable
replacement bonds at least ten (10) days prior to expiration of the original bonds. No further
payments shall be deemed due or will be made under this Contract until any replacement
bonds required by this Section are accepted by the City. To the extent, if any, that the total
compensation is increased in accordance with the Contract, the Contractor shall, upon
request of the City, cause the amount of the bonds to be increased accordingly and shall
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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: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 Sixty Two
Thousand Five Hundred Ninety -Two Dollars ($62,592.00) without advance written approval
of City's project manager. Extra Work may be authorized, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Contract.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement that indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days after receiving
such statement, review the statement and pay all approved charges. The payments will be
subject to a 5% retention amount, which would be released and paid after all work under the
Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed
with the County of Los Angeles.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Contract, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work
that is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this
Contract. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Contract. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
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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 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 and 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.
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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 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.
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. 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
TRUELINE CONSTRUCTION AND
SURFACING, INC.
22
Signature Date
Name:
Print
Title:
[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary, AND CORPORATE
SEAL OF CONTRACTOR REQUIRED]
0
Rachel Richman, City Attorney Date Name:
Title:
Trueline Construction and Surfacing, Inc.
EXHIBIT A
SCOPE OF CONTRACT SERVICES
SEE ATTACHED BID SCHEDULE/PROPOSAL
Trueline Construction and Surfacing, Inc.
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use existing
coverage to comply with these requirements. If that existing coverage does not meet the
requirements set forth here, Contractor agrees to amend, supplement or endorse the
existing coverage to do so. Contractor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this Contract and which is applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00
01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate,
for bodily injury, personal injury, and property damage, and a $2,000,000 completed
operations aggregate. The policy must include contractual liability that has not been
amended. Any endorsement restricting standard ISO "insured contract" language will not
be accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least
as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned, hired,
non -owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
Workers' compensation insurance. Contractor shall maintain Workers' Compensation
Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least
$1,000,000) for Contractor 's employees in accordance with the laws of the State of
California, Section 3700 of the Labor Code In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with the laws of the State of California, Section 3700 for
all of the subcontractor's employees.
Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain
an umbrella or excess liability insurance policy that will provide bodily injury, personal injury
and property damage liability coverage at least as broad as the primary coverages set forth
above, including commercial general liability, automobile liability, and employer's liability.
Such policy or policies shall include the following terms and conditions: Contractor shall
obtain and maintain an umbrella or excess liability insurance policy that will provide bodily
injury, personal injury and property damage liability coverage at least as broad as the
primary coverages set forth above, including commercial general liability, automobile
liability, and employer's liability. Such policy or policies shall include the following terms and
conditions:
Trueline Construction and 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.
Trueline Construction and Surfacing, Inc.
9. It is acknowledged by the parties of this Contract that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply first
and on a primary, noncontributing basis in relation to any other insurance or self
insurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with
the project who is brought onto or involved in the project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all Contracts with subcontractors and others
engaged in the project will be submitted to City for review.
11. Contractor agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this Contract to self -insure its obligations to City. If Contractor's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Contractor ninety (90) days
advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Contract will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Contract.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part of
City to inform Contractor of non-compliance with any insurance requirement in no
way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
Contract. This obligation applies whether or not the Contract is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Contract have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered
Trueline Construction and Surfacing, Inc.
shall be submitted prior to expiration. A coverage binder or letter from Contractor's
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement as required in these specifications applicable to the
renewing or new coverage must be provided to City within five days of the expiration
of the coverage.
17.The provisions of any workers' compensation or similar act will not limit the
obligations of Contractor under this Contract. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of
any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Contract and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this
Contract to the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Contractor
for the cost of additional insurance coverage required by this Contract. Any such
provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Contract. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Attachment D
Resolution No. 2024-10
RESOLUTION NO. 2024-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, TO AMEND THE FISCAL YEAR 2023-24
CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATE
ADDITIONAL FUNDS FOR THE ROSEMEAD PARK BASKETBALL
COURT RESURFACING PROJECT NO. 41025
WHEREAS, the City Council adopted the Fiscal Year 2023-24 Operating and Capital
Improvement Program budgets on June 27, 2023; and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adoption of the budget; and
WHEREAS, the Fiscal Year 2023-24 budget included funding for Rosemead Park
Basketball Court Resurfacing Project in the amount of $64,000; and
WHEREAS, funding was not fully allocated in the City's approved 2023-24 Budget thus
requiring a revision to add $6,000 to cover the remaining cost of the project; and
WHEREAS, the revised appropriation constitutes an update to the 2023-24 Budget
approved pursuant to Resolution No. 2023-33.
THE ROSEMEAD CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The City Council hereby approves an appropriation in the amount of Six
Thousand Dollars ($6,000) in Street Light District Funds to increase funding for the Project, for a
total Project budget Seventy Thousand Dollars ($70,000).
SECTION 2: The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 26`h day of March, 2024.
Steve Ly, 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. 2024-08 was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 26th day of March, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk