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CC - Item 6A - Rosemead Park Walking Trail Replacement Project No. 49019 - Award of ContractROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: SEPTEMBER 10, 2024 SUBJECT: ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT NO. 49019- AWARD OF CONTRACT In December 2020, the replacement of the Rosemead Park Walking Trail (Trail) was completed. On January 12, 2021, a community petition was filed at City Hall stating safety concerns of the newly replaced Trail. In response to the community petition, the City Council directed staff to develop options to improve the Trail and address the community concerns. At the April 27, 2021, City Council meeting, staff presented options to improve the Trail, however, none of the options were approved by City Council. On September 29, 2021, the City Council directed staff to develop a Trail Subcommittee to help identify additional potential options for improvements to the Trail. The Subcommittee assisted in identifying potential options to address community safety concerns by performing a thorough evaluation of potential options and working to develop a recommended option. At the July 12'h, 2022, City Council meeting, Option 4 was approved to address the concerns of the walking trail. Option 4 includes removal of the existing half-inch synthetic layer at Rosemead Park Walking Trail and the grinding of an inch of the existing concrete base to accommodate for a new inch and a half synthetic layer. Staff also coordinated for a topographic survey of the walking trail to be conducted to identify several additional low spots along the walking trail. A total of twenty-three low spots were identified and will serve as the locations of the one -inch diameter weep holes to be installed through the subbase along the walking trail, which will serve as drainage to minimize standing water within the synthetic layer. This option achieves the project goal which is to install a softer synthetic surface to address safety concerns from the community as well as ADA access compliance. As a result of a comprehensive bid analysis to determine the apparent low bid, the bid submitted by R.E. Schultz Construction, Inc. in the amount of $487,630 was determined to be the lowest responsive bid. DISCUSSION A Notice Inviting Bids was published in local newspapers and trade publications on June 13th and June 20th, 2024. Bids were received through the City's P1anetBids portal until 10:30 am on Wednesday, July 10'h, 2024. The City received two (2) bids with the following results: AGENDA ITEM 6.A City Council Meeting September 10, 2024 Page 2 of 4 Base Bid Results: Contractor Location Bid Amount (Base Bid Onl R.E. Schultz Construction, Inc. Orange, CA $487,630.00 DEARK E&C, INC Fullerton, CA $497,600.00 Base Bid Including Additive Bid Items: Contractor Location Bid Amount (Base Bid with Additive Bid Items R.E. Schultz Construction, Inc. Orange, CA $519,640.00 DEARK E&C, INC Fullerton, CA $554,600.00 Staff conducted a bid analysis for apparent low bid submitted by R.E. Shultz Construction, Inc. and verified CA contractor's licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references. The base bid submitted by R.E. Shultz Construction, Inc., at $487,630.00 is determined to be the lowest responsive bid. In addition to replacing the walking trail surface, the Public Services team has also requested for the decomposed granite surrounding the five exercise stations be removed and replaced with synthetic surface. Replacing the decomposed granite with synthetic surfacing would provide long term benefits for the surrounding area by working to eliminate excessive littering of granite particles throughout the western side of the walking trail that has been shown to cause discoloration and deterioration of the synthetic surface. The option to replace the existing decomposed granite with synthetic surface was included as an additive item to the bid solicitations. The base bid amount plus the Additive Bid Items submitted by R.E. Shultz Construction, Inc., amounts to a cumulative total cost of $519,640.00 and is also determined to be the lowest responsive bid including the additive item. Staff recommends that the contract be awarded to include the additive bid item. Rosemead Park is a regional park in the northern section of the City that is approximately 18 acres in size. The walking trail, which provides an approximate half -mile length for walking is very popular and a heavily utilized element of the park. Additional Funding Appropriation The project has a total approved budget of $550,000 in Street Light District Funds. Approximately $13,000 of the approved budget has been used to prepare the topographic survey and legal publishing for the bid advertisement resulting in a remaining project budget of $537,000. Considering the cost of the lowest base bid, additive bid item, and contingency totals $571,604.00, staff is recommending an additional $35,000 in Street Light District Funds to increase the total City Council Meeting September 10, 2024 Page 3 of 4 available Rosemead Park Walking Trail project funding within the FY 24-25 CIP Budget to $572,000. There is sufficient Street Light District funding available to appropriate the desired budget increase. STAFF RECOMMENDATION It is recommended that the City Council: 1. Approve the plans and specifications for the Rosemead Park Walking Trail Replacement — Project No. 49019; and 2. Authorize the City Manager to execute a contract with R.E. Schultz Construction, Inc., for the base bid amount plus the additive bid item totaling $519,640.00. In addition, authorize an amount of $51,964.00 (10%) as a contingency to cover the cost of unforeseen construction expenses, for a total construction budget of $571,604.00 and adopt Resolution No. 2024-45 amending the City's Fiscal Year 2024-25 CIP Budget to appropriate additional funds in the amount of $35,000 in Street Light District funding to increase the total project budget to $572,000; or 3. Authorize the City Manager to execute a contract with R.E. Schultz Construction, Inc., for the base bid amount of $487,630.00. In addition, authorize an amount of $48,763.00 (10%) as a contingency to cover the cost of unforeseen construction expenses, for a total construction budget of $536,393.00. FINANCIAL IMPACT The approved funding for this project consists of $550,000 in Street Light District Funds. The available project budget for the construction phase is $537,000. Staff are recommending an additional $35,000 in Street Light District Funds to increase the total amount of project funding within the FY 24-25 CIP Budget to $572,000. There is sufficient Street Light District funding available to appropriate the necessary budget required to complete the Project. The following is the breakdown of the construction phase budget for the base bid plus bid additive option: Construction Contract $519,640.00 Construction Contingency (10%) $51,964.00 Total Construction Budget $571,604.00 City Council Meeting September 10, 2024 Page 4 of 4 ENVIRONMENTAL REVIEW Since the proposed work involves the rehabilitation of an existing public facility, the project is Class 1 Categorically Exempt pursuant to Section 5301 of 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. The Project is also Consistent with the City of Rosemead's Strategic Plan Goal D — Parks and Programs, which is to expand the existing green space, parks, City facilities, and programs available through community partnerships, expanded community stewardship, and development of a more robust cultural programming. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Leonardo Martinez, Transtech Engineering Submitted by: Albert Leung, Interim City Engineei Attachment A: Bid Opening Results Attachment B: R.E. Schultz Construction, Inc. Bid Proposal Attachment C: Construction Contract with R.E. Schultz Construction, Inc. Attachment D: Resolution No. 2024-45 Attachment A Bid Opening Results MINUTES OF THE BID OPENING NOTICE OF INVITING BIDS -NIB NO. 2024-17 ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT NO, 49019 Due Wednesday, JULY 10, 2024 at 10:30 a.m. A total of 2 bids were received. Submitted By: Er6cka, }f erna nd e k Ericka Hernandez, City Clerk Contractor City Date/Time Received Bid Amount 1. R.E. Schultz Construction, Inc. 7/10/24 $519,640.00 10:24:14 AM 2. DEARK E&C, INC 7/10/24 $554,600.00 8:55:53 AM Submitted By: Er6cka, }f erna nd e k Ericka Hernandez, City Clerk Attachment B R.E. Schultz Construction, Inc. Bid Proposal BIDDER: R.E. Schultz Construction, Inc. CITY OF ROSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49019 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: R.E. Schultz Construction, Inc. BID SCHEDULE SCHEDULE OF PRICES FOR ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49019 BASE BID SCHEDULE WORK INCLUDES REMOVAL OF EXISTING RUBBERIZED WALKING TRAIL SURFACE AT ROSEMEAD PARK, GRINDING EXISTING CONCRETE SUBBBASE BY 1 -INCH. INSTALLATION OF 1 -INCH DIAMETER WEEP HOLES THROUGH THE SUBBASE AT VARIOUS LOCATIONS WITH PEA GRAVEL IN WEEP HOLES. FURNISH AND INSTALL NEW SYNTHETIC WALKING TRAIL SURFACE PER APPENDIX B AND APPENDIX C. Bad ITEM DESCRIPTION UNIT QTY. UNIT PRICE ITEM COST Remove existing rubberized walking trail surfacing, grind existing concrete subbase by f- inch. Contractor shall protect existing curb on both sides of the concrete subbase (grinding area width between two curbs is approximately 6 -feet). Furnish and install new 1 Y:' synthetic 1 surface, per Appendix B: Supplemental Bid Item LS 1 $ 478.430.00 $ 478.430.00 Descriptions, per Appendix C: Walking Trail Replacement Detail, and per Appendix D: Topographic Map. This bid hem shall include Temporary Construction Fencing (Height of 6') with privacy screening for the duration of the project. Install 1 -inch diameter weep holes at 23 locations through the subbase, 4 weep holes per location (assumed concrete subbase thickness is 4 -inches and total depth of each weep hole to be 12 -inches). The 23 weep hole 2 locations and staggered detail per Appendix D: EA 92 $ 100.00 $ 9,200.00 Topographic Map, per Appendix B: Supplemental Bid Item Descriptions and per Appendix C: Walking Trail Replacement Detail. Work to include installation of pea gravel inside each weep hole (depth of 12 -inches). TOTAL BASE BID SCHEDULE AMOUNT IN NUMBERS $ 487,630.00 TOTAL BASE BID SCHEDULE AMOUNT IN WORDS: Four Hundred and Eighty Seven Thousand Six Hundred and Thirty Dollars and Zero Cents The award of Contract shall be based on the TOTAL BASE BID SCHEDULE AMOUNT only. The ADDITIVE BID ITEMS shown per the ADDITIVE BID SCHEDULE below will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE BID SCHEDULES at the sole and complete discretion of the City as part of the performance of the contract. CBF -2 BIDDER: R.E. Schultz Construction, Inc. ADDITIVE BID SCHEDULE WORK INCLUDES REMOVAL OF EXISTING DECOMPOSED GRANITE SURROUNDING EACH OF THE FIVE EXERCISE STATIONS AND INSTALLATION OF NEXT SURFACE AT EACH OF THE FIVE EQUIPMENT STATIONS AT ROSEMEAD PARK Bad ITEM DESCRIPTION UNIT QTY. UNIT PRICE ITEM COST B. Traffic Control Remove 6' of existing decomposed granite C. NPDES, W WECP, and Best Management as inclusive in each Bid Item listed above in the Bid Schedule as applicable, and no Practices (BMPs), Public Convenience and additional and/or separate compensation will (DG) surrounding the FIVE existing exercise equipment stations located along the west side of Rosemead Park Walking Trail (Approx.1,150 SF). Contractor shall protect in place the 7,200.00 7,200.00 1 existing exercise equipment and the existing 1 LS $ $ curb surrounding each of the FIVE exercise station. Contractor to also coordinate with the Public Services Team to repurpose the DG prior to removal, per Appendix B: Supplemental Bid Item Descri tions Construct 4' Min. thickness 3/4' Crushed Rock Sub -base within each of the FIVE existing exercise stations located along the west side of 2 Rosemead Park Walking Trail, perAppendix E: CY 15 $ 320.00 $ 4,800.00 Exercise Station Surface Replacement Detail, per Appendix B: Supplemental Bid Item Descriptions Furnish and install new 2' synthetic surface at each of the FIVE exercise stations perAppendix 3 B: Supplemental Bid Item Descriptions and per SF 1,150 $17.40 $ 20.010.00 Appendix E: Exercise Station Surface Replacement Detail. TOTAL ADDITIVE BID SCHEDULE AMOUNT IN NUMBERS $ 32,010.00 TOTAL ADDITIVE BID SCHEDULE AMOUNT IN WORDS: Thirty Two Thousand Ten Dollars and Zero Cents The award of Contract shall be based on the TOTAL BASE BID SCHEDULE AMOUNT only. The ADDITIVE BID ITEMS shown per the ADDITIVE BID SCHEDULE below will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE BID SCHEDULES at the sole and complete discretion of the City as part of the performance of the contract. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures. Full compensation for the items listed to the A. Mobilization / Demobilization B. Traffic Control right as Items A, B, C, D and E are considered C. NPDES, W WECP, and Best Management as inclusive in each Bid Item listed above in the Bid Schedule as applicable, and no Practices (BMPs), Public Convenience and additional and/or separate compensation will Safety CBF -3 BIDDER: R.E. Schultz Construction, Inc. be allowed. 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 ad'ust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. If the Bid lists any Additive Alternate bids, the ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE above will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 10% of the Total Bid Dollars ($ 10% 1 said amount mg 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 -4 BIDDER: R.E. Schultz Construction, Inc. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed in forty-five (45) workine days. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subiect to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. 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: Richard Schultz Date of Inspection: 07/09/2024 CBF -5 BIDDER: R.E. Schultz Construction, Inc. ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. N/A Dated N/A Addendum No. N/A Dated N/A Addendum No. N/A Dated N/A Addendum No. N/A Dated N/A CBF -6 BIDDER: R.E. Schultz Construction, Inc. PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not x been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder' is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has' or "has not' in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the following space. PUBLIC CONTRACT CODE 10232 STATEMENT CBF -7 BIDDER: R.E. Schultz Construction, Inc. In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractors failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. By: Signature Richard Schultz Type or Print Name President Title 1767 N Batavia St. Business Street Address Orange, CA 92865 City, State and Zip Code 714-649-2627 Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: Bidder's License Number(s): 1007195 Department Industrial Relations Registered No. 1000033385 N/A CBF -8 BIDDER: R.E. Schultz Construction, Inc. 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 -9 BIDDER: R.E. Schultz Construction, Inc. SECTION 2 BID DATA FORMS CBF -10 BOND NO. 11-327-622 BIDDER: R.E. Schultz Construction, Inc. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT R.E. Schultz Construction, Inc. as Principal, and U.S. Specialty Insurance Company , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of the Amount Bid in- -------------------______-_�—____ — -- — -- ----_--_--- — -- — -- DOLLARS ($ 156,000.00 ), 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 WALKING TRAIL REPLACEMENT PROJECT — as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated July 10, 2024 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 10'" day of 20 24 . R.E. Schultz Construction. Inc. (SEAL) U.S. Specialty Insurance Company (SEAL) Principal Surety By: Signature By. Signature CBF -11 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe 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 l County of Orange 1} On July 9, 2024 before me, L. Nahina Pfister, Notary Public Date Here insert Name and Tele of the Officer personally appeared Blake A. Pfister Name(s) of Signer(s) 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 capacMes), 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. L. NAHINA PFISTER Notary Public • California a Orange County Commission # 2479518 My Comm. Expires Jan. 13, 2028 Place Notary Seal ondror Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature OPTIONAL Signature of 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 Bid Bond 11-327-622 Document Date: July 10, 2024 NumberofPages: 1 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Blake A. Pfister D Corporate Officer — Title(s): D Partner— D Limited ❑ General o Individual W Attorney in Fact D Trustee. D Guardian or Conservator D Other. Signer is Representing: U.S. Specialty 02019 National Notary Association A15 Signer's Name: ----- ❑ Corporate Officer — ntJe(s): D Partner— D Limited D General D Individual ❑ Attorney in Fact D Trustee o Guardian or Conservator 13 Other: Signer is Representing: I KNOW ALL MEN BY THESE PRESENT wCompany, an assumed name of American ,. M laity I rth .e[r Te $iSQ OMP ATI C rwi'p: " .* FS.SP - ECOM .ors Indemnity Company,�a California corporation Yexes_ Bonding _ rmpany, United States Surety Company, a Maryland corporation and - ply. _. theiVI9'e a MNed : ,sslon or hereafter afflxed lo i I anis oemlcate is anacnea ana no[ Lne tnanrurnesa atwracy or varram or urac avcumam. 11 lifo On this t" day of February 2024, before. me, D. Littlefield, a notary public, personally appeared Dent 14 .Cont r� arry, ny, omper�� „; ' - :who - sis df - be' k suq aff owledg o th m a cap ;6 aignatui orthe entity upon behalf of which the person acted, executed the Instrument. - ;�' a der Pun ` .1� -of Cal ;ondmng arA l h ESS my hef.VFW rds I, IOo Lo, Assistant Secretary of Amedcan Contre�c as Indemnity Company, axeFe Cor Company and. U.S. S aialty Insurance Company, do hereby certify that the above and foregoing is a trt �^ � ,axe -•iea, - t hjg_ and a r�@ ,�esolutk In Witness Whereof, I have hereunto set. my hand and affixedtheseals of said Companies at 0 h day o J y 3 � E Lill J0Lo "'. tAy d No. 4 _ �e a.Wr =gt9 _ ErEw_ � _ -rx- a : t X299 X ,ri ? au u PE ,, �� +_. V 0 a Q12 Surety I correct copy of a Power 010i . M"#' Angeles, Californiathis _ for �� R lul g 35 ad`s'.'-ae4''` y�ry, �9sg t,+.}n°* 4 s `°kD't '_ z; ,s "@k s yyAc' xx TO a` ". -' s � e.i s``" t` ,xan x- 4 �x :xP � ,0,- g `2=.. ore � E1^ "gs ° 1 �., �o; B. i`' a V+ ,.1 Fi C n3r n �° N ..� n �0 -l; �� I KNOW ALL MEN BY THESE PRESENT wCompany, an assumed name of American ,. M laity I rth .e[r Te $iSQ OMP ATI C rwi'p: " .* FS.SP - ECOM .ors Indemnity Company,�a California corporation Yexes_ Bonding _ rmpany, United States Surety Company, a Maryland corporation and - ply. _. theiVI9'e a MNed : ,sslon or hereafter afflxed lo i I anis oemlcate is anacnea ana no[ Lne tnanrurnesa atwracy or varram or urac avcumam. 11 lifo On this t" day of February 2024, before. me, D. Littlefield, a notary public, personally appeared Dent 14 .Cont r� arry, ny, omper�� „; ' - :who - sis df - be' k suq aff owledg o th m a cap ;6 aignatui orthe entity upon behalf of which the person acted, executed the Instrument. - ;�' a der Pun ` .1� -of Cal ;ondmng arA l h ESS my hef.VFW rds I, IOo Lo, Assistant Secretary of Amedcan Contre�c as Indemnity Company, axeFe Cor Company and. U.S. S aialty Insurance Company, do hereby certify that the above and foregoing is a trt �^ � ,axe -•iea, - t hjg_ and a r�@ ,�esolutk In Witness Whereof, I have hereunto set. my hand and affixedtheseals of said Companies at 0 h day o J y 3 � E Lill J0Lo "'. tAy d No. 4 _ �e a.Wr =gt9 _ ErEw_ � _ -rx- a : t X299 X ,ri ? au u PE ,, �� +_. V 0 a Q12 Surety I correct copy of a Power 010i . M"#' Angeles, Californiathis _ for �� R lul g 35 ad`s'.'-ae4''` CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On 07/10/2024 before me, D. Mindiola, Notary Public personally appeared Richard Schultz who proved to me on the basis of satisfactory evidence to be the person( hose name 644 ---subscribed to the within instrument and acknowledged to me that OkAw they executed the same in &ATeritheirauthorized capacity(iiii and that by tis/hec/their signature,(sj-on the instrument the person(, 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 m hand and official l. °•MINOIOL y seas •' Notary Pub-Calllornla Orange County Expires 2350274 m, My Comm wr 5,1025 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTAC D DOCUMENT lb %d 1 (Title a description of shaded document) (Title a description of allatlred document continued) of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 201 �-'VeI,;r; I vevvr.Nota, yC la sses. Ctm%Oi INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California stances regarding want' wording arra. ifneeded should be completed and attached to are doctonent. Aehnm ledgments front other states map be completed fm-docmnents being sent to that state so long as the warding does not require the California rmtary to rialare California notary lme. • Stale and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signals) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must pnnt his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the camels) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (tc, Wshehhey- is late) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocumem recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover lest or lines. If seal impression smudges, re -seal if a sufficient area permits, chemise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 6 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate tide or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer. indicate the title (i.e. CEO. CFO. Secretary). • Securely watch this document to the signed document with a staple. BIDDER: R.E. Schultz Construction, Inc. 23 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 (greaterthan 0.5 %) of the Bidders 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. Is] =1MN BIDDER: R.E. Schultz Construction, 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 Poured in Place Safety Surfacing Name: Robertson Industries, Inc. Address: 914.0 F_. Cedar Street Tempe. AZ 8 281 License No.: 667261 Department of Industrial Relation Registration No. 1000002700 Name and Location Description of Work of Subcontractor to be Subcontracted Name: NIA Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: NIA Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: NIA Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: NIA Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. CBF -13 BIDDER: R.E. Schultz Construction, 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 Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 Name and Address of Owner Kyle Aube (858) 401-0417 Name and telephone number of person familiar with project $330,790.00 Surfacing & Playground Improvements 0612023 2. Contract amount of Bellflower Name and Address of Owner Len Gorecki (562-804-1424 Type of Work Date Completed 16600 Civic Center Dr., Bellflower, CA 90706 Name and telephone number of person familiar with project $349,593.00 Surfacing & Playground Improvements 0412023 Contract amount Type of Work Date Completed 3. Yucaipa-Calimesa Joint USD 12797 Third St Yucaipa, CA 92399 Name and Address of Owner Dennis Klein (909) 797-0174 x5852 Name and telephone number of person familiar with project $349,000.00 Surfacing & Playground Improvements 12/2022 Contract amount Type of Work Date Completed CBF -14 BIDDER: R.E. Schultz Construction, Inc. 4. City of Monterey Parks 320 W. Newmark Ave. Monterey Park, CA 91754 Name and Address of Owner Peter Shiau (626) 307-1326 Name and telephone number of person familiar with project Contract amount & Playground Improvements 06/2024 CBF -15 BIDDER: R.E. Schultz Construction, Inc. SECTION3 NON-COLLUSIONAFFLDAVIT CBF -16 BIDDER: R.E. Schultz Construction, 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. Signature Richard Schultz Typed or Printed Name Subscribed and swom before me This _ day of Notary Pub. the State of My CompiKsion Expires: President Title R.E. Schultz Construction, Inc. Bidder (Seal) CBF -17 JURAT 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 Subscribed and sworn to (or affirmed) before me on this day of�, 20 1 q by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. /I - A---- Signature (Seal) OPTIONAL INFORMATION D. YINLA Notary PublOIOic California Orange County f + Commission: 2-50274 , .My Ccmm. Enc res Mar 5. 202` 0 ware�eo�vi'�as•a.•wa�F INSTRUCTIONS The wording of aP Jursts completed in CaNfomla atter January 1, 2015 must be A the form as set forth within this Jurat. There are no exceptions. It a Jurat to be completed does not follow this form, the notary must correct the verbiage by using ajuret stamp containing the correct wording or attaching a separate jurat tone such as this one with does contain the proper wordmg. In addition, the notary must require an can or affirmation Gom the DESCRIPTION OF THE ATTACHED DOCUMENT document sgnsr regarding the truthfulness of the contents of the document The `� _ w 1i//' J ' ; ' /I �/ documenl must be signed AFTER the oath or affirmation. 1f the document was preyuusly N �(,L—"i-.Lsr v� /T,�t`t'1 sioned it must be m-sianed m from of the rotary Dubuc durmv the jurat nmrsss. (Title or description of adaesed document) (Title or descrption of attached document continued) Number of Pages Document Date Additional information 2!750 Version w"rsv. FloG:rvQa55cs.cont 8GC-di3-P leS • State and county information must be the state and munty where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jural process is completed • Print the name(s) of the document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a suffident area permits, otherwise complete a different jurat form. 4 Additional information Is not required but could help to ensure this jural is not misused or attached to a different document. 0 Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document with a staple. I Heat Advisory O Extreme heat forecasted for much of the state this week. Stay cool and hydrated and check in on loved ones. Get more info. CONTRACTORS STATE LICENSE BOAR] OContractor's License Detail for License # 1007195 DISCLAIMER: A license status check provides Information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. f5L9 compla m d iel.su re i 5 romw ed W law Ill 112AA, If Its a"., mb,M toablik mmplaina d l -m. m dkk on link Mat WJ apwm ml. krmore lnformatlon. GIG Nrc fora de anon ofdiod sable neu.m. , Only owsommew related oWlrydgmmas reported to CSLB are disdlettd IMP 707llln. , Mb'aadom are not need unless lite osimnm failsm comwy Wth we term a New woMaed, thare may be reldvem inse me6on NM has not yet seen maemd imp the swela ncenae database. Data current as of 7/9/20241:43:15 PM Business Intonation RE SCH ULU CONSTRUCTION INC 1767 N BATAVIA STREET ORANGE,CA92865 Business Phone NumbeD(715) 6A9-2627 Entity Coryora0an Issue Date 09/10/2015 expire Date 09/30/3035 L-CenseStales This license is enrrent and aadw. All information below should be reviewed. Classifications e A -GENERAL ENGINEERING P Cbl/DM- PREFABRICATED EQUIPMENT e B-GENERALBUILDING e C-61/D12-SYNTHETICPRODUCTS BOnamt; Intorma: on ContnMr's Bond This license Bled a Coromwtor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number. 100320562 Bond Amount: $25,000 EffeNve pate: 01/01/2023 Contractor's Bond History Bond of Qualifying Individual e This license Bled Bond of Qualifying Individual number JT0074187 for CHRIS LEE THOMAS in the amount of $25,0400 col JET INSURANCE COMPANY. Effective pate: 03/07/2024 BQI's Bond History e The qualifying individual RICHARD EARL SCH U LTZ certified that he/she owns 10 cement or more of the voting nock/membersbip interest of this company, therefore, the Bond of Qualifying Individual is not required. EffetNve Daft 06/25/2016 BQI's Bond History This license has workers compensation insurance with the INSURANCE COMPANY OF THE WEST Policy Number: WSD5065B003 Effective Date: 0444/3034 Expire Date: 0 114/2025 Workers' Compensation Hlslory 0 Personnel listed on this license) current or disassociated) are listed on other licenses. Pr!V^C:' PpIICi CCd lt,C bfc�j.. Copyright© 2024 State of California Cold it, c ) Cpc ,A tr hlhT, ■ State of California eCPR Public Search Log in ■ Department of Industrial Relations Public Works Support Contractors Projects Register Home i 4gntrQr i R.E. SCHULTZ CONSTRUCTION, INC R.E. SCHULTZ CONSTRUCTION, INC Contractor Contractor business email chelsea@reschultzconstruction.com Contractor cation eff date 2024-07-01 Contractor first name Richard Contractor mailing city ORANGE Contractor mailing state CA Contractor mailing zip 92865 Contractor physical city ORANGE Contractor physical state CA Contractor physical zip 92865 Contractor certify date 2024-05-22 Contractor company type Corporation Contractor craft legacy Driver On Off Hauling; Cement Mason; Iro Contractor craft snow Contractor c ation exp date 2027-06-30 Contractor date deactivated Contractor dba name R.E. SCHULTZ CONSTRUCTION, INC Contractor entity number C3779421 Contractor ID 1000033385 Contractor last name Schultz Contractor mailing address2 Contractor physical addressl 1767 N. BATAVIA ST. Contractor physical address2 Contractor source legacy-pwcr Contractor we cert date 2024-04-14 Contractor we exp date 2025-04-14 Contractor we policy number WSD5065120-02 Contractor we selection i Insured by carrier Contractor legal entity name R.E. SCHULTZ CONSTRUCTION, INC Contractor mailing addressl 1767 N. BATAVIA ST. Contractor we carrier Richard Schultz Terms & Conditions Privacy. Policy, Dis.4,l,�,imer Nondiscrimination Notice ................ _ ............................ _ ......................... Accessibility dir.C.P.My Copyright 2024 State of California RR .0 O `r U co 0 2 .TY 'i7 K mv w u 0 d a a m w M v O mv w u 0 d a Attachment C Construction Contract with R.E. Schultz Construction, Inc. CONSTRUCTION CONTRACT ROSEMEAD PARK WALKING TRAIL REPLACEMENT, PROJECT No. 49019 (R.E. SCHULTZ CONSTRUCTION, INC.) PARTIES AND DATE This Contract is made and entered into this day of 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 R.E. SCHULTZ CONSTRUCTION, INC. with its principal place of business at 1767 N. BATAVIA ST. ORANGE, CA 92865 (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 WALKING TRAIL REPLACEMENT 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. i114WA-1 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 R.E. SCHULTZ CONSTRUCTION, INC. Page 2 of 11 performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to August 13"', 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 Richard Schultz, or designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and R.E. SCHULTZ CONSTRUCTION, INC. Page 3 of 11 procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees R.E. SCHULTZ CONSTRUCTION, INC. Page 4 of 11 appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon R.E. SCHULTZ CONSTRUCTION, INC. Page 5 of 11 request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VI II 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 Five Hundred Nineteen Thousand Six Hundred Forty Dollars ($519,640.00) 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 R.E. SCHULTZ CONSTRUCTION, INC. Page 6 of 11 during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: R.E. SCHULTZ CONSTRUCTION, INC. 1767 N. BATAVIA ST. CITY: ORANGE, CA, 92865 Attn: RICHARD SCHULTZ Tel: (714) 649-2627 City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. R.E. SCHULTZ CONSTRUCTION, INC. Page 7 of 11 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such R.E. SCHULTZ CONSTRUCTION, INC. Page 8 of 11 attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that R.E. SCHULTZ CONSTRUCTION, INC. Page 9 of 11 it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Parry. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] R.E. SCHULTZ CONSTRUCTION, INC. Page 10 of 11 CITY OF ROSEMEAD Ben Kim, City Manager Attest: Date Ericka Hernandez, City Clerk Approved as to Form: uale Rachel Richman, City Attorney Date R.E. SCHULTZ CONSTRUCTION, INC. M Signature Print Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] 0 R.E. SCHULTZ CONSTRUCTION, INC. EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL R.E. SCHULTZ CONSTRUCTION, 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: R.E. SCHULTZ CONSTRUCTION, INC. • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis 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 Vll. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies R.E. SCHULTZ CONSTRUCTION, INC. using standard ISO endorsement No. CG 2010.. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at anytime and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. R.E. SCHULTZ CONSTRUCTION, INC. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11.Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered R.E. SCHULTZ CONSTRUCTION, INC. shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Attachment D Resolution No. 2024-45 RESOLUTION NO. 2024-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATE ADDITIONAL FUNDS FOR THE ROSEMEAD PARK WALKING TRAIL REPLACEMENT (PROJECT NO. 49019) WHEREAS, the City Council adopted the Fiscal Year 2024-25 Operating and Capital Improvement Program budgets on June 27, 2024; 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 2024-25 budget included funding for the Rosemead Park Walking Trail Replacement Project in the amount of $550,000; and WHEREAS, funding was not fully allocated in the City's approved 2024-25 Budget thus requiring a revision to add $35,000 to cover the remaining cost of the project; and WHEREAS, the revised appropriation constitutes an update to the 2024-25 Budget approved pursuant to Resolution No. 2024-30. THE ROSEMEAD CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: SECTION 1: The City Council hereby approves an appropriation in the amount of Thirty - Five Thousand Dollars ($35,000) in Street Light District Funds to increase funding for the Project. SECTION 2: The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 13'' day of August, 2024. ATTEST: Rachel H. Richman, City Attorney Steven Ly, Mayor APPROVED AS TO FORM: 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. 2024-45 was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 13th day of August, 2024, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk