The URL can be used to link to this page

CC - Item 4J - Fiscal Year 2024-25 Concrete Replacement Project No. 24009 - Award of Construction ContractROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: DECEMBER 10, 2024 SUBJECT: FISCAL YEAR 2024-25 CONCRETE REPLACEMENT PROJECT NO. 24009 — AWARD OF CONSTRUCTION CONTRACT As part of the City's Fiscal Year 2024-2025 Capital Improvement Program, the City Council approved the annual Sidewalk Replacement Project. The Project consists of removal and replacement of existing damaged concrete sidewalk, damaged curb and gutter, noncompliant ADA curb ramps, damaged concrete crosswalk headers and removal and replacement of existing trees that have caused damage to concrete infrastructure within the City's right-of-way. On December 4, 2024, the City received six (6) bids. Based on staffs comprehensive bid analysis, the bid submitted by CT&T Concrete Paving in the amount of $354,988.25, is determined to be the lowest responsive bid. Staff published a Notice Inviting Bids in local newspapers and trade publications on November 13, 2024. Sealed bids were received in the City Clerk's office until 10:30 a.m. on Wednesday, December 4, 2024. Electronic bids were also received through the City's P1anetBids portal until 10:30 a.m. on Wednesday, December 4, 2024. The City received six (6) bids with the following results: Contractor from low to high amount Location Bid Amount CT&T Concrete Paving, Inc. Diamond Bar, CA $354,988.25 Carter Enterprises Group, Inc. DBA Pavement Rehab Company Anaheim, CA $396,000.00 Aguilar & Calderon Corp. Whittier, CA $494,745.00 Martin Construction, Inc. Yucaipa, CA $573,562.00 Access Pacific, Inc. Pasadena, CA $578,100.00 TVR Construction Engineering, LLC I Riverside, CA $641,300.00 Staff conducted a bid analysis for apparent low bid submitted by CT&T Concrete Paving, Inc. and verified CA contractor's licensing, Department of Industrial Relations (DIR) registration, state and AGENDA ITEM 4.J City Council Meeting December 10, 2024 Page 2 of 3 federal debarment files, and conducted reference checks. The bid submitted by CT&T Concrete Paving, Inc. in the amount of $354,988.25 is determined to be the lowest responsive bid. STAFF RECOMMENDATION It is recommended that the City Council: 1. Approve the plans and specifications for the FY 24-25 Concrete Replacement Project No. 24009; and 2. Authorize the City Manager to execute a construction contract with CT&T Concrete Paving, Inc. in the amount of $354,988.25. In addition, authorize an amount of $35,498.83 (10%) as a contingency to cover the cost of unforeseen construction expenses, for a total construction budget of $390,487.08 FINANCIAL IMPACT This Project was included in the Fiscal Year 2024-25 CIP budget and consists of $500,000 in Measure M funds and $50,000 in TDA Article -3 Funds, for a combined total approved budget of $550,000. The following is the breakdown of the construction phase budget: Construction Contract $354,988.25 Construction Contingency 10% $35,498.83 Total Construction Budget $390,487.08 ENVIRONMENTAL REVIEW The proposed work involves the rehabilitation of an existing public facility; therefore, the project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class I (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. STRATEGIC PLAN IMPACT The project aligns 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. City Council Meeting December 10, 2024 Page 3 of 3 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: /A) Leonardo Martinez, Transtech Engineers Attachment A: CT&T Concrete, Inc. Paving Bid Proposal Attachment B: Project Bid Package Attachment C: Construction Contract with CT&T Concrete Paving, Inc. Attachment D: Other Bids Received (5 Total) Attachment A CT& T Concrete, Inc. Paving Bid Proposal BIDDER: CT&T Concrete Paving Inc. CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 SECTION I - SID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: CT&T Concrete Paving Inc. BASE BID SCHEDULE SCHEDULE OF PRICES FOR FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 N0. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST 1 Traffic control and mobilization. 1 LS $34,920 $ 3'{-, $70.. Remove existing tree uplifting PCC assets. Work shall include tree stump removal to 2 a depth of 12" below soil grade and shall 9 EA $3,9-54 j5 $ 3qmq. 15 include soil backfill to cover up remaining tree stump void. Tree locations as listed per Sheet 1 of project plans. Arborist Report: contractor shall hire and coordinate with an arborist that shall review up to 15 trees (selected in the field by City Engineer or authorized designee) 3 to provide recommendations for trimming 1 LS $ 3,135 $ 3,135- w of tree canopy, large tree root removal and root pruning for trees that will not be removed but require tree root pruning/root removal/canopy trimming. Install new 24 -inch box tree (lagerstroemia indica'Muskogee' or Cercis canadensis'forest pansy). New trees to be installed at a distance of 2 feet away from 4 previously planted tree. Work shall 9 EA $ 20 $ cj 30 include restoration of parkway to match surroundings. Tree locations as listed per Sheet 1 of project plans. Tree planting per SPPWC Std. Plan 520-4. Misc. Asphalt Concrete Patch. Work includes remove existing AC pavement section to 7" depth. Construct 3" AC Type 31 7 5 5 C2 -PG 64-10 over 4" Type B -PG 64-10 over $ 33- $ 7, 4 9 �. 8" scarified and compacted subgrade. 225 SF Work locations per Sheet 2 of project plans. 8225 Garvey Ave: Remove existing broken 6 PCC roadway panel surrounding manhole $ ,t 3 i 2 $ 0 7 M �o and construct new PCC roadway panel 250 SF (12" thick) as listed per Sheet 3 of project CBF -2 BIDDER: CT&T Concrete Paving Inc. NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST plans. PCC shall be 4,000 PSI. Work shall include setting manhole to finished roadway grade. Concrete roadway headers: Remove existing and construct 1.5' wide, 12" thick $2 I a�- 12, 7 concrete headers at either side of colored 100 LF $ $ crosswalk. Locations at listed per Sheet 3 of project plans. PCC shall be 4,000 PSI. Remove existing and construct new PCC ADA curb ramps as listed per Sheet 4 of project plans and per SPPWC, Std. Plan 8 No: 111-5. Case and type is to be15 $; $ 1�l • Si%D•s5 determined by City representative. Work EA shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC shall be 3,250 PSI. Remove existing driveway approach and construct driveway approach to match surrounding sidewalk grade. Driveway o(L 3-0 9 locations as listed per Sheet 5 of project $ �(• $ 1 7,.2& q, plans and to be constructed per SPPWC 820 SF Std. 110-2. Curb and gutter paid under a separate bid item. PCC shall be 3,250 PSI. Remove existing and construct new PCC curb and gutter, as listed per Sheet 6 of project plans and to be constructed per 10 SPPWC, Std. Plan No: 120-3, A2-8, $ 28 $ 34, X710• complete and in place. Work shall include 450 LF AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC Shall be 3,250 PSI. Remove existing and construct new PCC Sidewalk, 4" thick, as listed per Sheet 7 of 11 project plans and to be constructed per 4,700 SF $ la 7`! $ b 0 j 13, O9 SPPWC, Std. Plan No. 112-2 & 113-2, complete and in place. PCC shall be 3,250 PSI. Remove existing and construct new PCC 12 Alley gutter/ Alley cross gutter, as listed $ 34-, 15 per Sheet 8 of project plans and to be 600 SF CBF -3 BIDDER: CT&T Concrete Paving Inc. NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST a t- r - R% -e. constructed per SPPWC, Std. Plan No: 122- 3 & 123-3. PCC shall be 4,000 PSI, C. NPDES, W WECP, and Best Management inclusive in each Bid Item listed above in Practices (BMPs), Public Convenience and th the Base Bid Schedule and Additive Alternate TOTAL BASE BID AMOUNT IN NUMBERS $ 354, ME, .25 D. Construction Stakin b Land Surveyor TOTAL BASE BID AMOUNT IN WORDS: jh ru fi uw�o2t�ea� �i {(y - F o I lw✓3c� v �QJ Nl vue ale v Dare. t�' y j - f �G t D010 --s a t- r - R% -e. Ca fs The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures. Full compensation for the items listed to the „,, .r.__ right as Items Ate, C, D and E are considered C. NPDES, W WECP, and Best Management inclusive in each Bid Item listed above in Practices (BMPs), Public Convenience and th the Base Bid Schedule and Additive Alternate Safety Bid Schedule as applicable, and no additional D. Construction Stakin b Land Surveyor and/or separate compensation will be allowed. E. Clearing and Gobbing 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 tight to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy CBF -4 BIDDER: CT&T Concrete Paving Inc. 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 Ten Percentof Total Bid Amt Dollars ($ 109% of Total Bid Amt ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or wider the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, lie 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. the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -5 BIDDER: CT&T Concrete Paving Inc. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project plans, specifications. bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: ADDENDA ACKNOWLEDGMENT Jose Carvajal 11/25/2024 The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. D Addendum No. Addendum No. Dated Addendum No. Dated CBF - 6 BIDDER: CTITTConcrete Paving 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. CBF -7 BIDDER: CT&T Concrete Paving Inc. PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Nil 7 By: Signature Jose Carvajal Type or Print Name President Title BIDDER: CTBT Concrete Paving Inc. 324 S. Diamond Bar Blvd, PMB 275 Business Street Address Diamond Bar, CA 91765 City, State and Zip Code 909-629-8000 Telephone Number Bidder's/Contractor's State of incorporation: California Partners or Joint Venturers: N/A Bidder's License Number(s): 875627 Department Industrial Relations Registered No. 1000025154 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: CTBT Concrete Paving Inc. SECTION 2 BID DATA FORMS CBF -10 BIDDER: CT&T Concrete Paving, 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 CT&T as Principal, and , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of the Total Bid Amount DOLLARS ($ 10% of Total Bid Amount ), 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 FY 24-25 CONCRETE REPLACEMENT PROJECT as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated December 4, 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 andjudgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 25th day of November , 20 24 . CT&T Concrete Paving, Inc. (SEAL) Principal By: By: Signature CBF- 11 Contractors Bonding and Insurance Company (SEAL) Surety qA/,? I I I A 4 -;?Mx/ - Signature E it Younottorney-in-Fact ARIZONA NOTARY ACKNOWLEDGMENT State of Arizona County of Maricopa On this NOV 2 5 2024 . before me personally appeared Emilie Younq [Name of Signer] Danielle Hanson [Name of Notary Public] whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the above/attached document. V a F4F A} j =11,ANIS I-IANSONcArizonaCountym®rs% N653538on Expires^' , 20.27 (Seal) [Affix Seal Here] Witness my hand and official seal. Signature of Notary Public POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Yung T. Mullick, P. Austin Neff, Irene Luong, Emilie Youne- Danielle Hanson Christine Woolford Alexander R Holsheimer. Thao Luu, Joseph P. McGrady. iointy or severely in the City of Mission Viejo , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal maybe printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 27th day of September 2024 . ,,,,�,,,� RLI Insurance Company ,,o�O;Pc!?+oW ,, ,jg-,Nwil Cc F", Contractors Bonding and In ncc Company ro ••'y'Oy =u •. `eP H�1p.�,%= 3a.)j•rpP MTf •� �� a: •SEAL ' ` ` °•, SEAL i By Eric Raudins Sr. vice President Slate of Illinois ) . u 'rtuxors "Ie �,,;[pts.o` } SS County of Peoria )) CERTIFICATE On this 27th day of SentemberN24, before me, a Notary Public, personally appeared Eric Roudins , who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation.. By; , (l Jill A. Scott Notary Public au. scorn N.C., PWIIC !r _ staeorahl. .L": •s. S My cM . E —,., �Oy -'t?w. o SeO�ember 22. 2025 I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that die Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 25th day of November 2024 . RLI Insurance Company Contractors Bonding and Insurance Company By: `.t h"Xq w T Jeffrey DUickv U u Corporate Secretary 11.15W020212 A0058D19 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 Los Angeles } On Iyc -Z I u, < </ before me, Daniel A. Butler,A Not rPublic _moi ee roar o iwo7fice0 personally appeared Slse C. f ✓< .' ( --- ---- who proved to me on the basis of satisfactory evidence to be the person(s) whose names) Is re subscribed to the within instrument and acknowledged to me that <Eoshelthey executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( -a) 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. �°AN1;,0=7 ryp; Notary Pudic - CMifomia / v�. �� LOS Ngelea county ,(, Z (,Cts / L MY Comm. Expires May Z 2026 Notary Public Signature (Notary Public Seal) OF THE ATTACHED DOCUMENT (Title or description of attached document)) (Tile or description of attached document continued) Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other yr .NotaryClasses.com 800-873-5885 INSTRUCTIONS FOR COMPLETING THIS FORM Thisforrn coniplirs irith current California slaimes rega, cling nolap wording nod. ifneedel, should be completed and avached to the doannem. Ac6-nom•ledgmenls from other stores mar be contp/etedfor doctnnems; being sent to that state so long as die wording does not require the California notary to rioloie Calijonrin notary lm,-. • State and County information must be the Slate and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarisation must be the dale that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed M a comma mid then your title (notary public). • Print the none(s) of document sianer(s) who personally appear at the time of notarization. • Indicate the comet singular or plural Ib its by crossing off incorrect forms (i.e. he/she/they- is tete ) or circling the correct fomes. Failure, to correcd_v indicate this information may lead to rejection of document recording. • "Ile notary, seal impression must be clear and photographically reproducible. Impression must not cover test or lines. If seal impression smudges, re -seal if a sufficient area permits. othenaise complete a different acknowledgment loan. • Signature of the notary public must match the signature on file with the oirce of die county clerk. •} Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number ofpages and date. Indicate the capacity claimed by the signer. If die claimed capacity is a corporate officer, indicate the tide (i.e. CFO, CFO, Secretary). • Securely attach this document to the signed document with a staple. BIDDER: CTBT Concrete Paving Inc. 2.8 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. Pursuantto 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/o) 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 I 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 -12 BIDDER: CM Concrete Paving 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 Tv-ep-S Name: OA Tt(a Sown LQ - Address: 13221 pcin1+6, U S1J� , &—d"CA, G trueI(-A License No.: lo445-7- Department of Industrial Relation Registration No. /De00a$2-7 Name and Location of Subcontractor Description of Work to be Subcontracted Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. CBF -13 BIDDER: CTBT Concrete Paving 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: 2. 3. City of Beaumont, 550 E. 6th Street, Beaumont, CA 92223 Name and Address of Owner Dustin Christensen, 951-572-3192 Name and telephone number of person familiar with project $428,355.00 Citywide Sidewalk Improvements 08/16/2024 Contract amount Type of Work Date Completed City of Azusa, 213 E. Foothill Blvd, Azusa, CA 91702 Name and Address of Owner Christina Curial, 626-812-5247 Name and telephone number of person familiar with project $1,796,307.30 Foothill Blvd Pavement Rehabilitation Project, Phase 1 08/16/2024 Contract amount Type of Work Date Completed City of Laguna Hills, 24035 EI Toro Road, Laguna Hills, CA 92653 Name and Address of Owner Joe Ames, 949-707-2655 tame and telephone number of person familiar with project $607,850.00 Citywide Sidewalk Repairs B Concrete Construction 05/08/2024 Contract amount Type of Work Date Complete CBF - 14 rl BIDDER: CT&T Concrete Paving Inc. City of Monterey Park, 320 W. Newmark Ave, Monterey Park, CA 91754 Name and Address of Owner Peter Shiau, 626-877-1928 Name and telephone number of person familiar with project $1,571,233.00 Concrete Improvements Project 12/1/2023 Contract amount Type of Work Date Completed CBF -15 BIDDER: CTBT Concrete Paving Inc. SECTION 3 NON-COLLUSIONAFFIDAVIT CBF -16 BIDDER: CT&T Concrete Paving Inc. NON -COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. --rignatur��'c� Jose Carvajal Typed or Printed Name President Title CT&T Concrete Paving Inc. Bidder Subscribed and sworn before me This Z- i" -day of jJcv�G-- , 20 Zy Notary Public in and for the State of California My Commission Expires:Z 4 (Seal) DANIELA BUUR it2402607 Notary public-Cafforiaa H � Losgnpdes CaNy NY Comm. Fatima MaY 2, 2026 A notary public or other officer completing this certificate verities only the identify of the indi- CBF - 17 victual who signed the docoment to whkh this certificate is attached, and not the truthfulness, accuracy. or validity of that document. CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION The undersigned certify that: 1. They are the president and the secretary, respectively, of Carvajal Trucking & Tractor, Inc. a California corporation. 2. Article One of the Articles of Incorporation of this corporation is amended to read as follows: First: The name of the Corporation is CTBT Concrete Paving, Inc. 3. The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. 4. The foregoing amendment of Articles of Incorporation has been duly approved by the required vote of shareholders in accordance with Section 902, California Corporations Cod Rol dY total number of outstanding shares of the corporation is . The number of shares voting in favor of the amendment equaled or exceeded the vote required. The percentage vote required was more than 50%. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: 0 4f - 1'3 - /4' v 17fe-sident _ Jose arvajal yp Pr ent) '51ecre ary Jose Carvajal (Typed Name of Secretary) Secretary of State AMDT-STOCK (REV 0912006) JOINT CONSENT TO ACTION IN LIEU OF SPECIAL MEETING OF SHAREHOLDERS AND DIRECTORS OF CARVAJAL TRUCKING AND TRACTOR, INC. The undersigned constituting the shareholders and directors of Carvajal Trucldng and Tractor, Inc. (the "Company") hereby unanimously consents to the following resolutions: RESOLVED, that the name of the Company be changed from Carvajal Tmcldng and Tractor, Inc. to CT&T Concrete Paving, Inc. RESOLVED, that the Company is authorized to file a Certificate of Amendment reflecting the name change. 2015 CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION Jose Carvajal certifies that: AO641153 ift 0%0 D - FILED Of the Sfate of Cellfornla FEB 2 A 2006 1. He is the President and Secretary of CT & T CONSTRUCTION, INC., a California corporation. 2. The name of the corporation is amended to read as follows: The name of this corporation is CARVAJAI TRUCKING AND TRACTOR, INC. 3. The foregoing amendment of Articles of Incorporation has been duly approved by the Board of Directors. 4. The foregoing amendment has been duly approved by the required vote of shareholders in accordance with Section 902 of the Corporations Code. The corporation has only one class of shares and the number of outstanding shares is 40,000. The number of shares voting in favor of the amendment equaled or exceeded the vote required. The percentage vote required was more than 50%. I further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of my own knowledge. Dated: February JA-, 2006 Jose OjKrijall, PresidenA Secretary :a uConcrete Paving, CORPORATE RESOLUTION OF SIGNING AUTHORITY RESOLUTION OF: _CT&T Concrete Paving, RESOLVED that the execution of Deeds, powers of attorney, transfers, assignments, contracts, obligations, certificates, and other instruments of whatever nature entered into by the Company directly or through a transfer agent or registrar for any stock company, acting in its capacity as a corporate director or exercising any and all other powers conferred upon it by the letters Patent incorporating it or by the law pertaining to such matters, shall be signed by any one of the persons listed below. Name Title Speci a ature Jose Carvajal President Jackie Carvajal Treasurer / I, Jose Carvajal the undersigned Secretary of _CT&T Concrete Paving, Inc._ HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution of the Board of Directors of said Company passed by a resolution of the said board dated on _10/27/2017_ and that said Resolution is still in full force and effect. Secretary Attachment B Project Bid Package CITY OF ROSEMEAD CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 FISCAL YEAR 2024-2025 IN THE CITY OF ROSEMEAD PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION 8838 E. VALLEY BOULEVARD ROSEMEAD, CA 91770 TELEPHONE: (626) 569-2150 FAX: (626) 307-9218 BIDS DUE: DECEMBER 4TH, 2024 AT 10:30 A.M. CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 TABLE OF CONTENTS BIDDING DOCUMENTS 1. Notice Inviting Bids............................................................ NIB- 1 - NIB- 2 2. Instructions to Bidders........................................................... ITB- I — ITB -10 3. Contract Bid Forms........................................................... CBF- I — CBF -17 CONTRACT AGREEMENT 1. Contract Agreement and Insurance Requirements 2. Performance Bond 3. Payment Bond CONTRACT APPENDIX Part "A" General Provisions..............................................GP-1 - GP -34 Part "B" Supplemental General Conditions............................GC-1 GC -10 Part "C" Technical Provisions............................................TP-1 — TP -12 Part "D" Appendix Appendix A — Project Plans Appendix B - Standard Plans CITY OF ROSEMEAD NOTICE INVITING BIDS NIB No. 2024-31 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive electronic bids through PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home OR sealed bids at the City Clerk's office, City Hall, 8838 Valley Blvd, Rosemead, CA 91770 up to 10_30 O'clock a.m. on December 41, 2024, and bids will be publicly posted on PlanetBids 30 minutes after bid deadline for FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 The project consists of removal and replacement of concrete sidewalk, curb and gutter, curb ramps, alley cross gutters, and driveway approaches Citywide as indicated on the construction plans, including tree removals, tree replanting, misc. asphalt concrete roadway repairs, portland cement concrete roadway repairs, and other incidental and other related work as described in the Plans, Specifications, and Contract Documents, by this reference, made a part hereof. The engineer's estimate for this project is in the range of $400,000. The successful bidder shall have THIRTY (30) working days to complete the work. Liquidated damages shall be $500.00 per calendar day. Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained from the City's PlanetBid portal. Contractors can register as a vendor and download the documents by visiting the P1anetBid Portal(https://pbsystem.planetbids.comiportal/54150/portal-home). Hard copy of the bid package will not be mailed. SB 854 Requirements: This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a print out from the DIR registration website showing that the prime contractor and each subcontractor is currently registered and qualified. No bid proposals will be accepted nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)] Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. NIB -1 No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date. The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "A" license in good standing at the time Bids are received. The Council reserves the ri ht to reiect any and all bids and to waive any informality, technical defect, or minor irregularity in any bid submitted. An award of service shall not be final until the bids have been reviewed and a Contract Agreement with the City has been signed by the lowest responsible bidder and by the City. Award of Contract Agreement is proposed for January 14', 2025. All questions regarding this bid shall be uploaded City's portal on P1anetBids, no later than 10 calendar days prior to bid due date and time. Dated this November 12th, 2024 Ericka Hernandez City Clerk Publish: November 141" and November 215, 2024. NIB- 2 CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 INSTRUCTION TO BIDDERS INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. 1. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the City's PlanetBid portal. Contractors can register as a vendor and download the documents by visiting the PlanetBid Portal (https://pbsystem.planetbids.com/portal/54150/aortal-home). Hard copy of the bid package will not be mailed. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via email or facsimile to the Owner's Project Engineer. Any response that the Owner may choose to make for purposes of interpretation or clarification, will be in writing and made available to all the listed holders of the Bid Documents. The Owner will respond to all written/faxed/email Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of the Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Technical Provisions Part "D" - Appendix ITB - 1 Any Addenda Issued by the Owner 4. INSPECTION OF SITE Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should regularly login to their PlanetBids account to verify that they have received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms not make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. ALTERNATE BIDS The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. If ADDITIVE OR DEDUCTIVE ALTERNATE BID ITEMS are shown on the ADDITIVE OR DEDUCTIVE ALTERNATE BID SCHEDULE, these bid items will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE OR DEDUCTIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in e accordance with the instructions herein Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. 9. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venture or partner appointing and designating one of the joint ventures or partners as a management sponsor to execute the Bid on behalf of Bidder. Only thatjoint venture or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particularjoint venture or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venture or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venture or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form furnished by the Owner, or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all ITB - 3 Bidders their Bid guarantees 11. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents herein have been completed and signed as set forth above, they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials required by these instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the following in the lower left-hand corner thereof: Bid of (Insert Name of the Company) for FY 24-25 CONCRETE REPLACEMENT PROJECT, PROJECT No. 24009 Alternatively, bids can be submitted electronically through PlanetBids at: hqps:Hpbsystem.i)lanetbids.com/i3ortal/54150/portal-home No consideration shall be given by the Owner to bid proposals received after the date and time set for the opening of bids as provided in the Notice Inviting Bids. 12. DELIVERY AND OPENING OF BIDS Bids will be received by the Owner at the address shown in the Notice Inviting Bids or electronically through Planetbids up to the date and time shown therein. The Owner will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated. Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be listed on PlanetBids. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. 13. WITHDRAWAL OF BID Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the Owner; the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner because of the damage resulting from the delay in the execution of the Contract and in the performance of Work thereunder. 14. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City Council will make all necessary decisions and awards. The apparent successful bidder should at this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the ITB -4 required documents and certifications. Regardless whether the successful bidder supplies the required documents and certifications in a timely manner, the Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and executed documents and certifications from the successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder. 15. DESIGNATION OF SUBCONTRACTORS Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the prime Bidder in an amount that exceeds one-half of one percent (0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, as well as any others requested by the Owner, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty- four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING AND REGISTRATION REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Pursuant to Section 1725.5 of the Labor Code, all bidders must be registered with the Department of Industrial Relations to be qualified to bid on this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted and be registered with the Department of Industrial Relations. Pursuant to Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subor000sal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do business in California, and satisfactory to the Owner. 19. REQUIRED BIDDER CERTIFICATIONS Bidders must comply with the following: A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to various information, including but not limited to, the accuracy of the representations made in the Contract ITB - 5 Bid Forms. B. NON -COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each Bidder must execute and submit with its bid the statutorily mandated non -collusion affidavit included in the Bid Documents. 20. BASIS OF AWARD; BALANCED BIDS The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid which, in its opinion when compared to other bids received or to the Owner's internal estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject as non-responsive any bid which unevenly weights or allocates overhead and profit to one or more particular bid items. 21. FILING OF BID PROTESTS Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) Working Days after the bid opening date. B. Clearly identify the specific accusation involved. C. Clearly identify the specific Owner Staff/Board recommendation being protested. D. Specify, in detail, the grounds of the protest and the facts supporting the protest. E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one of these requirements, it will be rejected as invalid If the protest is valid, the Owner's Project Manager, or other designated Owner staff member, shall review the basis of the protest and all relevant information. The Project Manager will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the Project Manager to the City Engineer then the appeal at the City Council. That way, the Council can deny the protest and approve the project at the same hearing. 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100°/x) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price. Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids INN 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid Forms. 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Bid Documents. 25. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds, in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications to perform the work described in these Bid Documents. The Owner reserves the right to: A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications, without exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, ifl-WA completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner/joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% of the Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non -Collusion Affidavit; and D. Completed and properly executed Bidder Information Forms. If the Bidder is ajoint venture, eachjoint venturer shall prepare and submit a separate form. Extra forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary. 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS A. Contract Bid Forms. The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda - Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. B. List of Proposed Subcontractors (Forms). State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one-half of one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent (0.5%) of the Total Bid Price. Yet= (2) Location. For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type/portion of work to be performed in the Contract. (4) Contractor License Number. For listed Subcontractors, list the contractor license number issued to the Subcontractor by the California Contractors State License Board. (5) Registration with Department of Industrial Relations. For listed Subcontractors, include evidence of registration with the Department of Industrial Relations as required by Section 1725.5 of the Labor Code. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of the Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. BIDDER: CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 BASE BID SCHEDULE SCHEDULE OF PRICES FOR FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST 1 Traffic control and mobilization. 1 LS $ $ Remove existing tree uplifting PCC assets. Work shall include tree stump removal to 2 a depth of 12" below soil grade and shall 9 EA $ $ include soil backfill to cover up remaining tree stump void. Tree locations as listed per Sheet 1 of project plans. Arborist Report: contractor shall hire and coordinate with an arborist that shall review up to 15 trees (selected in the field by City Engineer or authorized designee) 3 to provide recommendations for trimming 1 Is $ $ of tree canopy, large tree root removal and root pruning for trees that will not be removed but require tree root pruning/root removal/canopy trimming. Install new 24 -inch box tree (lagerstroemia indica 'Muskogee' or Cercis canadensis'forest pansy). New trees to be installed at a distance of 2 feet away from 4 previously planted tree. Work shall 9 EA $ $ include restoration of parkway to match surroundings. Tree locations as listed per Sheet 1 of project plans. Tree planting per SPPWC Std. Plan 520-4. Misc. Asphalt Concrete Patch. Work includes remove existing AC pavement section to 7" depth. Construct 3" AC Type 5 C2 -PG 64-10 over 4" Type B -PG 64-10 over $ $ 8" scarified and compacted subgrade. 225 SF Work locations per Sheet 2 of project plans. 8225 Garvey Ave: Remove existing broken 6 PCC roadway panel surrounding manhole $ $ and construct new PCC roadway panel 250 SF (12" thick) as listed per Sheet 3 of project CBF -2 BIDDER: NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST plans. PCC shall be 4,000 PSI. Work shall include setting manhole to finished roadway grade. Concrete roadway headers: Remove existing and construct 1.5' wide, 12" thick 7 concrete headers at either side of colored 100 LF $ $ crosswalk. Locations at listed per Sheet 3 of project plans. PCC shall be 4,000 PSI. Remove existing and construct new PCC ADA curb ramps as listed per Sheet 4 of project plans and per SPPWC, Std. Plan 8 No: 111-5. Case and type is to be $ $ determined by City representative. Work 15 EA shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC shall be 3,250 PSI. Remove existing driveway approach and construct driveway approach to match surrounding sidewalk grade. Driveway 9 locations as listed per Sheet 5 of project $ $ plans and to be constructed per SPPWC 820 SF Std. 110-2. Curb and gutter paid under a separate bid item. PCC shall be 3,250 PSI. Remove existing and construct new PCC curb and gutter, as listed per Sheet 6 of project plans and to be constructed per 10 SPPWC, Std. Plan No: 120-3, A2-8, $ $ complete and in place. Work shall include 450 LF AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC Shall be 3,250 PSI. Remove existing and construct new PCC Sidewalk, 4" thick, as listed per Sheet 7 of 11 project plans and to be constructed per 4,700 SF $ $ SPPWC, Std. Plan No. 112-2 & 113-2, complete and in place. PCC shall be 3,250 PSI. Remove existing and construct new PCC 12 Alley gutter/ Alley cross gutter, as listed $ $ per Sheet 8 of project plans and to be 600 SF CBF -3 BIDDER: NO. ITEM DESCRIPTION EST. CITY. UNIT UNIT PRICE ITEM COST right as Items ATB, C, D and E are considered constructed per SPPWC, Std. Plan No: 122- 3 & 123-3. PCC shall be 4,000 PSI. C. NPDES, WWECP, and Best Management as inclusive in each Bid Item listed above in Practices (BMPs), Public Convenience and the Base Bid Schedule and Additive Alternate TOTAL BASE BID AMOUNT IN NUMBERS $ D. Construction Stakingb Land Surveyor TOTAL BASE BID AMOUNT IN WORDS: The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures. Full compensation for the items listed to the right as Items ATB, C, D and E are considered C. NPDES, WWECP, and Best Management as inclusive in each Bid Item listed above in Practices (BMPs), Public Convenience and the Base Bid Schedule and Additive Alternate Safe ty Bid Schedule as applicable, and no additional D. Construction Stakingb Land Surveyor and/or separate compensation will be allowed. E. Clearing and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy CBF -4 between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govem. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ ) said amount being not less than ten percent (101/6) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed within the working the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF - 5 BIDDER: EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. Dated Addendum Addendum No. Dated Addendum No. Dated CBF -6 PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not _ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes— No If the answer is yes, explain the circumstances in the following space. CBF -7 BIDDER: PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. C Signature 1.119IU:1C71 Business Street Address Type or Print Name City, State and Zip Code Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: Telephone Number 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -9 BIDDER: SECTION 2 BID DATA FORMS CBF -10 BIDDER: Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of DOLLARS ($ ), being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the FY 24-25 CONCRETE REPLACEMENT PROJECT as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this day of , 20_ Principal 0 Signature CBF -11 (SEAL) Surety Signature BIDDER: 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -12 BIDDER: 2.13 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 License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name:_ Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. Name and Location of Subcontractor Name:_ Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration Name and Location of Subcontractor License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. CBF -13 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. 2. 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work CBF - 14 Date Completed Date Completed Date Completed a -119191:10 Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF - 15 SECTION 3 NON-COLL USION A FFIDA VIT CBF -16 BIDDER: NON -COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Typed or Printed Name Title Bidder Subscribed and swom before me This _ day of 20 (Seal) Notary Public in and for the State of California My Commission Expires: CBF -17 CONSTRUCTION CONTRACT FY 24-25 CONCRETE REPLACEMENT PROJECT, PROJECT No. 24009 (COMPANY NAME) PARTIES AND DATE This Contract is made and entered into this day of 20 (Effective Date) by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and COMPANY NAME with its principal place of business at COMPANY ADDRESS (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the FY 24-25 CONCRETE 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. 3. TERMS 3.1 Scope of Services and Term 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated Company Name Page 2 of 11 herein by reference, and all applicable local, state and federal laws, rules and regulations 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to Month, Date and Year unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Ben Kim, or his designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Project Manager, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Company Name Page 3 of 11 Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. 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 Company Name Page 4 of 11 performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required 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 Company Name Page 5 of 11 promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Dollar Amount in Word Format Dollars (Numerical) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such Company Name Page 6 of 11 records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Company Name Address City, State, Zip Code Attn: Project Manager's Name Tel: (000) 000-0000 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Company Name Page 7 of 11 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such Company Name Page 8 of 11 attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that Company Name Page 9 of 11 it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] Company Name Page 10 of 11 CITY OF ROSEMEAD Ben Kim, City Manager Attest: COMPANY NAME _ By: Date Signature Ericka Hernandez, City Clerk Approved as to Form: uate Print Title: Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Rachel Richman, City Attorney Date Name: Title: Company Name EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL Company Name EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements setforth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages setforth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Company Name • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies Company Name using standard ISO endorsement No. CG 2010.. Contractor also agrees to require all contractors. and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 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. 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. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will .'endeavor" (as opposed to being required) to comply with the requirements of the certificate. Company Name 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11.Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered Company Name shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all othersections and provisions ofthis Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 PERFORMANCE BOND PERFORMANCE BOND WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the FY 24-25 CONCRETE REPLACEMENT PROJECT and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - 1 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on .20 Principal/Contractor By: President Surety By: Attomey-in-Fact The rate of premium on this bond is per thousand. The total amount of premium charged, $. (The above must be filled in by corporate surety.) PERFORMANCE BOND -2 STATE OF CALIFORNIA ss. COUNTY OF On this _ day of , in the year , before me, , a Notary Public in and for said state, personally appeared known tome (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attomey-in-Fact (SEAL) My Commission expires Notary Public in and for said State PERFORMANCE BOND - 3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, certify that I am the Secretary of the corporation named as principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PERFORMANCE BOND -4 CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 PAYMENT BOND PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the FY 24-25 CONCRETE REPLACEMENT PROJECT and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we the undersigned Contractor, as Principal and , a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of PAYMENT BOND - 1 the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this _ day on .20 Principal/Contractor By: President Surety By: Attorney -in -Fact PAYMENTBOND-2 STATE OF CALIFORNIA COUNTY OF ) ss. On this day of , in the year , before me, a Notary Public in and for said state, personally appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. (SEAL) My Commission Expires Notary Public in and for said State PAYMENT BOND - 3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PAYMENTBOND-4 CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 PART "A" GENERAL PROVISIONS Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2021 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications"), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made a part hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2023 edition, only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans", it shall mean the Standard Specifications for Public Works Construction ("Green Book"), 2021 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS - 1 PART 1 - GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Wherever in the Standard Specifications or other Contract Documents the following terms are used, they shall mean the following: Agency - The CITY OF ROSEMEAD Bid Guaranty - As defined in the Standard Specifications. Also referred to as the "Bid Security" in the Contract Documents. Bid Security - The Bid Guaranty, as defined herein. Board - The City Council of the CITY OF ROSEMEAD. City - The CITY OF ROSEMEAD City's Representative - The Engineer, as defined herein. Contract - The written agreement (Contract form) between the City and the Contractor for the complete and adequate completion of the Work for the Project. The Contract consists of the Contract Documents. The documents comprising the Contract are complementary, and each obligation of the Contractor, Subcontractors and material or equipment suppliers in any one document shall be binding as if specified in all. The Contract is intended to include all items required for the proper execution and completion of the Work. Contract Documents - In addition to the documents noted in the definition of Contract Documents in the Standard Specifications, all documents incorporated by reference into the Contract form. Contract Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. It is also sometimes referred to as the "Total Bid Price" in the Contract Documents. Contractor's Representative—Contractor's executive representative who shall be present on the Project Site at all times that any Work is in progress and who shall have the authority to act on behalf of the Contractor for all purposes under the Contract. The Contractor shall designate such representative in writing to the City. The Contractor's Representative shall be available to the City and its agent's at all reasonable times. GENERAL PROVISIONS - 2 Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "City's Representative" in the Contract Documents. Liquidated Damages - the amount prescribed in the Contract form, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Contract Documents. Notice to Contractors - Notice Inviting Bids. Project - The total and satisfactory completion of the project noted in the Contract Documents, as well as all related work performed in accordance with the Contract, including but not limited to, any alternates selected by the City. Project Site - All of the property and/or facilities of the City where the Work will be performed pursuant to the Contract, as well as such adjacent lands as may be directly affected by the performance of the Work. Recyclable Waste Materials - Materials removed from the Project site which is required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. Special Provisions - Any provisions which supplement or modify the Standard Specifications, including these General Conditions (Part "A"), the Supplementary General Conditions (Part `B") and the Technical Provisions (Part "C"). Total Bid Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. Also sometimes referred to as the "Contract Price" in the Standard Specifications and other Contract Documents. - END OF SECTION - GENERAL PROVISIONS - 3 SECTION 2 SCOPE OF THE WORK The project consists of removal and replacement of concrete sidewalk, curb and gutter, curb ramps, alley cross gutters, and driveway approaches Citywide as indicated on the construction plans, including tree removals, tree replanting, misc. asphalt concrete roadway repairs, portland cement concrete roadway repairs, and other incidental and other related work as described in the Plans, Specifications, and Contract Documents, by this reference, made a part hereof. 3-3 SUBCONTRACTS Section 3-3 of the Standard Specifications shall be amended to include the following provisions: "By appropriate written agreement, Contractor shall require each Subcontractor to be bound by all obligations of this Contract. Each subcontract agreement shall preserve and protect the rights of the City. Should any subcontractor fail to perform the Work undertaken by him to the satisfaction of the City, said subcontractor shall be removed immediately from the Project upon request by the City's Representative and shall not again be employed on the Work. The Contractor shall be held liable for the all deficient Subcontractor Work." 1-7.2 CONTRACT BONDS The following shall be added at the end of Section 2-4 of the Standard Specifications: "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the contract Documents, and shall obtain a written acknowledgment by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the Owner or any of its authorized representatives. If the Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and promptly deliver satisfactory evidence of such increase to the City." "Pursuant to Public Contract Code Section 4108, Contractor shall require all Subcontractors providing labor and materials in excess of the amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in accordance with the same bond requirements applicable to the Contractor, except that the bond amounts shall equal the total amount of their subcontract. The Contractor shall specify this requirement for Subcontractor bonds in his written or published request for Subcontractor bids. Failure to comply with this requirement shall not preclude Contractor from complying with the Subcontractor bonding requirements. The practice of issuing separate purchase orders and/or subcontracts for the purpose of circumventing the Subcontractor bonding requirements shall not serve to exempt the Contractor from these requirements. No payments, except for a reimbursement payment to the Contractor for the cost of the Contractor's own Faithful Performance and Payment bonds, shall be made to the Contractor until the Contractor provides the aforementioned Subcontractor bonds to the Contractor." 3-7 CONTRACT DOCUMENTS GENERAL PROVISIONS - 4 3-7.1 General. The second full paragraph of Section 3-7.1 of the Standard Specifications shall be amended to include the following at the end of that paragraph: "All Contract Documents are essential parts of the Contract for a given project. Any requirement included in one Contract Document shall be as binding as though included in all, as they are intended to be cooperative and to provide a description of the Work to be done." 3-7.2 Precedence of Contract Documents. The provisions of Section 3-7.2 of the Standard Specifications shall be revised to read as follows: "In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6. General Conditions 7. Standard Specifications 8. Notice Inviting Bids 9. Instructions to Bidders 10. Specifications 11. Plans (Contract Drawings) 12. Standard Plans 13. Reference Documents" "With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings" 3-4 Authority of the Board and the Engineer. Section 3-4 shall be added to the Standard Specifications to read as follows: "Should it appear that the Work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the Plans or in the Specifications, the Contractor shall request the City's Representative for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the Contract, so far as may be consistent with the intent of the original Specifications. In the event of doubt or questions relative to the true meaning of the Specifications, reference shall be made to the Engineer, whose decision thereon shall be final." 3-9 SUBSURFACE DATA GENERAL PROVISIONS - 5 3-9.1 Limited Reliance by Contractor. Section 3-9.1 shall be added to the Standard Specifications to read as follows: "Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data", the Contractor may not rely upon or make any claim against the Owner, the Engineer, nor any of the Engineer's Consultants with respect to any of the following:" "3-9.1.1. Completeness. The completeness of such reports and drawings for contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto." "3-9.1.2. Other Information. Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings." "3-9.1.3. Interpretation. Any interpretation by the Contractor of such "technical data" or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2-3 RIGHT-OF-WAY. Section 2-3 of the Standard Specifications shall be revised in its entirety to read as follows: "All temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by, paid for and disposed of solely by the Contractor at its own expense. The Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from all claims for damages of any kind arising from or incident to such rights-of-way. Those rights-of-way shown on the Plans will be provided by the City at its expense." 3-10 SURVEYING. Section 3-10 of the Standard Specifications shall be amended to include the following: "All survey monuments, centerline ties and survey reference points will be tied out in advance by the City Land Surveyor. Temporary control shall be protected in place. Any temporary control disturbed by the contractor shall be replaced at the contractor expense and no additional compensation shall be allowed therefore. City Land Surveyor will provide one set of temporary stakes for position of well monuments. Contractor shall install well monuments. Contractor shall coordinate his/her work with the City Land Surveyor for the installation." 3-10.2 Line and Grade. Section 3-10.2 of the Standard Specifications shall be amended in its entirety to read as follows: GENERAL PROVISIONS - 6 "All Work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross-sections, elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the City's Representative. Failure to make this report shall make the Contractor responsible for any error in the finished Work. Minor deviations from approved Plans, whenever required by the exigencies of construction, shall be determined in all cases by the City's Representative and authorized in writing." 3-4 AUTHORITY OF BOARD AND ENGINEER. The provisions of Section 3-4 of the Standard Specifications shall be revised to read as follows: "Whenever the Contract Documents refer to the Engineer or City's Representative, or provide the Engineer or City's Representative with power to act on behalf of the City, such reference shall necessarily include the City's Representative, or his or her authorized designee." "The City Council shall have the power to award the Contract, and shall generally have the final authority to act in all matters affecting the Project. The City's Representative shall have the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with the instructions of the City's Representative. The decisions of the City's Representative shall be final and binding on all questions as to: (1) the quantity, quality and acceptability of materials and equipment furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) any and all questions which may arise as to the interpretation of the Plans, Specifications, General Conditions, and Special Provisions; (4) the acceptable fulfillment of the Contract on the part of the Contractor; (5) any claims and compensation issues; and (6) his authority to enforce and make effective such decisions and actions as the Contractor fails to carry out promptly." 3-5 INSPECTION. The provisions of Section 3-5 shall be amended to include the following at the end of that Section: "The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's inspection." "When the Work is substantially completed, the Engineer or a representative of the Engineer will make the final inspection." "Whenever the Contractor varies the period during which Work is carried on any day, he shall give adequate notice to the City's Representative so that proper inspection may be provided. GENERAL PROVISIONS - 7 Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have previously been inspected, accepted or estimated for payment." "The Contractor shall prosecute work on any State highway or within any railroad right-of-way only in the presence of an inspector representing the State Division of Highways or the railroad company, and any Work done in the absence of such inspectors will be subject to rejection. The Contractor shall make the appropriate notification according to the instructions given on the State Encroachment Permit or railroad permit for all inspections, and shall post all bonds and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor's expense. The Contractor shall pay for all testing and inspections required by a State Encroachment Permit or railroad permit." 2-12 SITE EXAMINATION Section 2-12 shall be added to the Standard Specifications as follows: "The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents." 2-13 FLOW AND ACCEPTANCE OF WATER Section 2-13 shall be added to the Standard Specifications as follows: "Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom." 7-4 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. Section 7-4 shall be added to the Standard Specifications as follows: "The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. The Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder except in strict compliance with Section 2-3 of the Standard Specifications and state law. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by force of law, except as otherwise provided in Section 7103.5 of the State of California Public Contract Code, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of the Contractor, taking all transfers into account on a GENERAL PROVISIONS - 8 cumulative basis. In the event of any such unapproved transfer, this Contract shall be void. No approved transfer shall release the Contractor or any surety of the Contractor of any liability hereunder without the expressed written consent of the City." - END OF SECTION - GENERAL PROVISIONS - 9 SECTION 3 CHANGES IN WORK 2-7 CHANGES INITIATED BY THE AGENCY. 2-7.1 General. The provisions of Section 2-7.1of the Standard Specifications shall be amended to include the following at the end of that Section: "Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract." 7-3 Payment. The provisions of Section 7-3 of the Standard Specifications shall be revised to read as follows: "7-3.5 Contract Unit Prices. Section 7-3.5 shall be amended in its entirety to read as follows:" "In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment fumished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work." "7-3.5.2 Increases of More Than 25 Percent on Unit Price Contracts. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the Owner, payment for the work involved in such excess will be made as provided in Paragraph 7-3.5.2, as amended in these Special Provisions." "Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer's Estimate of the quantity for such item, and in computing the actual unit costs, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 7-3.5.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $5,000 at the applicable Contract Unit GENERAL PROVISIONS - 10 Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor." "7-3.5.3 Decreases of More Than 25 Percent on Unit Price Contracts. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the engineer, payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Paragraph 7-3.5.3, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner; provided, however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price." "Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 7-3.5.3, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity for such item at the original Contract Unit Price." "7-3.8 Eliminated Items on Unit Price Contracts. On unit price contracts, should any contract item of the work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination." "If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the Owner and the actual cost of any further handling will be paid for by the Owner. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for." "The actual costs or charges to be paid by the Owner to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid for as extra work as provided in Paragraph 7-3.8, as amended in these General Conditions, or such adjustment as will be as agreed to by the Contractor and the Owner." 7-4 PAYMENT FOR EXTRA WORK GENERAL PROVISIONS - 11 7-4.1 General. The provisions of Section 7-4.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "Extra work shall be paid for under written work order in accordance with the terms therein provided. Generally, payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the City." 7-4.2 Basis for Establishing Costs. The provisions of Section 7-4.2 of the Standard Specifications shall be amended as follows: 7-4.2.1 General. Section 7-4.2.1 shall be amended to include the following at the beginning of that Section: "Extra work shall be paid for under written work order in accordance with the terms therein provided. Generally, payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the City." 7-4.3 Markup. Paragraph (a) of Section 7-4.3.1 (Work by Contractor) shall be amended in its entirety to read as follows: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit. a. LABOR COSTS 1. Labor markup for employer taxes standard federal/state rates: 10% 2. Labor markup for fringe benefits (if fringe benefits are not included in the labor cost: 15% 3. Labor overhead markup: 10% 4. Profit markup: 10% b. MATERIAL, EQUIPMENT, SUBCONTRACTOR COSTS Only 5% markup by prime contractor will be allowed on materials, equipment and subcontractor costs. No other additional markups (overhead, profit, etc.) will be allowed. c. After the total amount is established by adding the above items, an additional 2% markup for INSURANCE AND BONDING COSTS will be allowed. The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order, and pickup or yard trucks used by the above personnel, and other vehicles and/or equipment present at the job site but not directly used in actual construction activities. Incidental movements of labor, materials, supplies or equipment shall not be considered as use in actual construction activities. These costs shall not be reported as labor or equipment elsewhere, except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed. GENERAL PROVISIONS - 12 2-5 EXISTING CONDITIONS. Section 2-5 shall be added to the Standard Specifications as follows: "Contractor shall have the sole responsibility for satisfying itself concerning the conditions, nature and location of the Project and the Work to be performed, as well as the general and local conditions. Such conditions shall include, but shall not be limited to, local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could in any way affect the Work or the costs thereof. The Contractor is solely responsible for understanding the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. The failure of the Contractor to acquaint himself with all available information regarding any applicable existing or future conditions shall not relieve him from the responsibility for properly estimating either the difficulties, responsibilities, or costs of fully and adequately performing the Work according to the Contract Documents." - END OF SECTION - GENERAL PROVISIONS - 13 SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General. Section 4-1.1 of the Standard Specifications shall be amended in its entirety to read as follows: "It is the intent of the City in drafting the Contract Documents to accept only first-class work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal to samples when such samples are required. Used or secondhand materials, parts and equipment maybe used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of Work shall be in strict accordance with generally accepted standards. Material, parts, equipment and Work quality shall be subject to the approval of the City's Representative. All materials, parts and equipment used and installed, and all details of the Work done, shall at all times be subject to the supervision, test and approval of the City's Representative. The City's Representative shall have access to the Work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work." "All materials, parts, equipment or Work which are defective in their construction or deficient in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction work. Any Work done beyond the lines shown on the Plans or established by the City's Representative, or any extra work done without written authority, will be considered unauthorized and will not be paid for by the City. Upon Contractor's failure to comply promptly with any order of the City's Representative made under the provisions of this Section, the City's Representative shall have authority to cause such defective or unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the Work is found to be in compliance with these specifications, the City's Representative will furnish the Contractor with a certificate to that effect." 4-2 Protection of Work and Materials. The provisions of Section 4-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall fully and adequately store and protect all materials, parts and equipment, as required herein. Contractor shall be solely responsible for any and all damages or loss by weather or any other cause to such materials, parts and equipment. The Contractor shall make good any and all damages or loss to materials, parts and equipment." "Until the final written acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its GENERAL PROVISIONS - 14 completion and acceptance, and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for all materials and the protection of Work already completed, and shall properly store and protect them, if necessary. Contractor shall provide suitable drainage and erect temporary structures where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of property in materials used after they have been attached or affixed to the Work or the soil upon City real property. All such materials shall, upon being so attached or so affixed, become the property of the City." "Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage valued in excess of five percent (5%) of the Contract Price if such damage was caused by an earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public Contract Code Section 7105. If provided for in the Contract Bid Forms, however, Contractor shall provide insurance to protect against such damages." 4-4 Test of Materials. The provisions of Section 4-4 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall immediately remove all rejected material from the Work or Site, and shall not again return such material to the Site." 4-6 Trade Names or Equals. The second and third paragraphs of Section 4-6 of the Standard Specifications shall be amended in their entirety to read as follows: "Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal". A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after award shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal" item shall be not less than 35 nor more than 40 calendar days after award of Contract." "The burden of proof as to the comparative quality and suitability of alternative equipment or materials shall be on the Contractor. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. Such data shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The Contractor shall have the material tested as required by the City's Representative to determine that the quality, strength, physical, chemical or other characteristics, including durability, finish, efficiency, dimensions, service and suitability are such that the item will completely and adequately fulfill its intended function." 4-1.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications as follows: GENERAL PROVISIONS - 15 "The Contractor shall place the order(s) for all long -lead supplies, materials, and equipment, for any traffic signing, striping, legends and traffic control facilities within 3 working days after the award of Contract by the Owner. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within 15 working days from the date of said award of Contract." 4-1.10 Removal of Interfering Obstructions. Section 4-1.10 shall be added to the Standard Specifications to read as follows: "The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work." 4-1.11 Procedure in Case of Damage to Public Property. Section 4-1.11 shall be added to the Standard Specifications to read as follows: "Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at his own cost, free of all charges to the City. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid Forms and Specifications and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during his operations), shall be paid to the Contractor at the unit prices submitted in his Bid." 4-1.12 Diversion of Recyclable Waste Materials. Section 4-1.12 shall be added to the Standard Specifications to read as follows: "In support of the Owner's waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials, as defined in the Contract Documents, to appropriate recycling centers rather than area landfills. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by Owner to document Contractor's compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor." - END OF SECTION - GENERAL PROVISIONS - 16 SECTION 5 UTILITIES 402-1 LOCATION The provisions of Section 402-1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work." "The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work." "The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the Owner. The Contractor shall verify these locations." 402-2 PROTECTION The provisions of Section 402-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to grade by the Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before commencing the Work." "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing." "The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price." "During construction of the Work, some of the existing utilities may fall within the prism of trenches. if the existing utility does fall within the contractor=s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner's requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities." 402-5 DELAYS GENERAL PROVISIONS - 17 The provisions of Section 402-5 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary, the provisions of Articles I and 2 of the California Government Code (Sections 4215 and 4216) are incorporated by reference as if fully set forth herein. In the event of any conflict between the Standard Specifications and Government Code Sections 4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall prevail. Contractor should pay particular attention to the provisions of Section 4215 with regards to the relocation of utilities, the costs thereof, delays caused thereby and the indication of service laterals and appurtenances." "The right is reserved to the owners of public utilities or franchises to enter upon the streets for the purpose of making repairs or changes in their property which may be necessary as a result of the Work. Employees of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements." "Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison's secondary, primary and transition facilities. The term "qualified person" shall mean one who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by all Subcontractors." - END OF SECTION - GENERAL PROVISIONS - 18 SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The second paragraph of Section 6-1.1 of the Standard Specifications shall be amended in its entirety to read as follows: "After the Contract has been approved by the Owner, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. The Work shall be diligently prosecuted to completion before the expiration of the time indicated in the Bid Documents and Contract Form, plus any duly authorized extensions thereof." The provisions of Section 6-1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary herein, the Contractor's proposed construction schedule shall include the expected start and completion dates for all portions of the contract Work. During a scheduling conference between the Contractor and the City's Representative, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to delay temporarily the construction schedule agreed upon during the scheduling conference, every effort will be made to permit a new construction schedule at the time most convenient to the Contractor, thus permitting the Project to proceed with the shortest intramural movement of the equipment. The Contractor shall notify the City's Representative in all such cases in order to arrive at a mutually satisfactory schedule." "Contractor's construction schedule shall be in a form provided for in the Specifications. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Owner whenever specifically requested to do so by Owner and with each periodic payment request. Failure to submit an updated and accurate construction schedule shall render Contractor in breach of the Contract and shall entitle Owner to withhold money therefor." 6-6 SUSPENSION OF WORK. 6-6.1 General. The provisions of Section 6-6.1 of the Standard Specifications shall be amended to add the following at the end of that Section: "The situations which will be deemed to be in the City's interest to suspend the Work shall include, but shall not be limited to, the following: (1) unsuitable weather or such other conditions that render the proper prosecution of the Work impracticable or inefficient; or (2) when the Contractor or his workmen fail or refuse to cavy out orders or to perform any or all of the requirements of the Contract; (3) when the Contractor fails or refuses to supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest or labor shortages of any kind); (4) when the Contractor fails or refuses to begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5) when the GENERAL PROVISIONS - 19 Contractor fails or refuses to commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (6) when the Contractor fails or refuses to maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (7) when the Contractor fails or refuses to execute the Work in a manner and at such locations as specified in the Contract Documents; (8) when the Contractor fails or refuses to maintain a Work program which will insure the Agency's interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract; or (10) when the Contractor fails or refuses in any other respect to prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contract. The Contractor shall immediately comply with any written order from the City's Representative and shall not resume operations until so ordered in writing." 6-7 DEFAULT BY CONTRACTOR. The first, second and third full paragraphs of Section 6-7 of the Standard Specifications shall be amended to read as follows: "If the Contractor should be in violation of the Contract, then the City may, without prejudice to any other right or remedy and after giving notice as specified herein, terminate the Contract and take all actions provided for herein and elsewhere in the Contract Documents. By way of example and not as a limitation upon its right to terminate the Contract as provided herein, the City may terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1) begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2) commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3) maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the Contract Documents; (5) maintain a Work program which will insure the Agency's interest; (6) carry out the intent of the Contract; (7) supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other respect prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contact." "If the City determines that sufficient grounds exist to terminate the Contract as provided herein, the City's Representative shall provide written notice to the Contractor and its surety on its performance bond. If the Contractor or its surety does not fully comply with such notice within five (5) days after receiving it, or fails to continue after starting to comply in good faith, the City may exclude the Contractor and its employees and Subcontractors from the Work, or any portion thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of every description as may be found at the place of such Work. Thereupon, the Contractor and its employees and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. In such accounting, GENERAL PROVISIONS - 20 the City shall not be held to obtain the lowest figure for the Work for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a sum which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall exceed the amount payable under the Contract, then the Contractor shall pay the amount of the excess to the City upon completion of the Work without further demand being made therefore. In the determination of the question as to whether or not there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the Contract." 3-13 COMPLETION AND ACCEPTANCE. Section 3-13 of the Standard Specifications shall be amended in its entirety as follows: "The Work will be inspected for acceptance by the City's Representative upon receipt of the Contractor's written assertion that the Work has been completed. If, in the sole discretion of the City's Representative, the Work has been completed and is ready for acceptance, the City's Representative will notify the City Clerk that the Contract has been completed in its entirety. The City's Representative shall request that the City accept the Work and that the City Clerk be authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work." "The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City's Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof." "The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of One Hundred Percent (100%) of the Contract. Said bond shall remain in force for a period of one (1) year after the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1) year period." "The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or GENERAL PROVISIONS - 21 improper materials. Further, the certificate of final payment shall not terminate the Contractor's obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof." 6-9 LIQUIDATED DAMAGES. Section 6-9 of the Standard Specifications shall be amended in its entirety to read as follows: "Contractor agrees that if the Work is not completed within the Contract Time and/or pursuant to any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the District will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the District as fixed and liquidated damages the sum specified in the Contract form for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. Liquidated damages may be deducted from any payments or other funds owing to Contractor, including progress payments, the final payment and retentions." 2-4 TIMES OF OPERATION Section 2-4 shall be added to the Standard Specifications to read as follows: "It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no work allowed on Owner -observed holidays, unless otherwise approved by the Engineer: Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools" -END OF SECTION - GENERAL PROVISIONS - 22 SECTION 5 LEGAL RELATIONS AND RESPONSIBILITIES OF THE CONTRACTOR 5-3 LABOR. 5-3.1 General. "The Contractor, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding anything to the contrary contained in the Contract Documents, Contractor shall comply with the following:" "5-3.2 Social Security Requirements. Contractor shall furnish to the City satisfactory evidence that he and all of his Subcontractors are complying with all laws, rules and regulations with respect to Social Security . The Contractor, at any time upon request, shall satisfy the City that all necessary Social Security and other taxes are being properly reported and paid." "5-3.4 Hours of Labor. Contractor and all Subcontractors shall be required to comply with the provisions of California Labor Code Section 1810 et seq. According to those sections, eight (8) hours of labor shall constitute a legal day's work. Contractor shall pay to the City a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor, or by any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day or forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker." "5-3.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Contractors shall meet the California Contractor's license requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract." "5-3.2.5 Non -Discrimination. Contractor shall not discriminate in the employment of persons upon the Contract because of the race, creed, color, national origin, ancestry, non - disqualifying disability, age, medical condition, marital status, sex or other classifications of such persons protected by federal, state and local laws, rules and regulations. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall cause an identical clause to be included in every subcontract for the contract work." "7-5.3.6 Travel and Subsistence Payments. As required by Section 1773.8 of the GENERAL PROVISIONS - 23 California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with law. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids." 2-2 PERMITS. Section 2-2 of the Standard Specifications shall be amended in its entirety to read as follows: "Unless indicated to the contrary in the Contract Documents, including the Special Provisions, Contractor shall procure all permits and licenses (including a City business license), pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work." 3-12 WORK SITE MAINTENANCE. 3-12.2 Air Pollution Control. The provisions of Section 3-12.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements." 3-12.6 Water Pollution Control. The provisions of Section 3-12.6 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with the provisions of the Federal Clean Water Act as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts 122-124, the Porter -Cologne Act (California Water Code) and the Waste Discharge Requirements for Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best Management Practices (BMPs) are listed in the California Storm Water Best Management Practices Handbook for Construction Activities." WATER POLLUTION CONTROL A. Water Quality Protection Requirements For Construction Projects With Less than 1 - Acre Of Disturbed Soil All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) GENERAL PROVISIONS - 24 to meet the minimum water quality protection requirements as defined in Table 2-1. Table 2-1 Minimum Water Quality Protection Requirements for Construction Projects Category Minimum Requirements BMPs 1. Sediment Sediments generated on the project site shall be retained Sediment Control using adequate Treatment Control or Structural BMPs. Control 2.Construction Construction -related materials, wastes, spills or residues Site Materials shall be retained at the project site to avoid discharge to Management; Control streets, drainage facilities, receiving waters, or adjacent Material and properties by wind or runoff. Waste Non -storm water runoff from equipment and vehicle Management washing and any other activity shall be contained at the project sites. 3. Erosion Erosion from slopes and channels shall be controlled by Erosion Control implementing an effective combination of BMPs, such as Control the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Please refer to the California Stormwater Quality Association's Construction Handbook available for free on their website (www.cabmphandbooks.com — Construction Handbook) for further information regarding the BMPs listed in Table 2-1. B. Water Quality Protection Requirements For Construction Projects With 1 -Acre (or greater) Of Disturbed Soil In addition to the minimum BMPs required in Section A, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted to the City for all construction projects where at least 1 -Acre of soil will be disturbed. The SWPPP will include strategies for reducing runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP may also be required for projects smaller than 1 -Acre if the City designates the project a threat to water quality objectives. In addition, the contractor must contact the Los Angeles Regional Water Quality Control Board (LARWQCB) if the project will disturb 1 -Acre or more of soil. Construction activities can not begin until a Waste discharger Identification (WDID) Number is issued by the Stats Water Board. The 1 -Acre threshold includes the total amount of land disturbance. For example, if four streets, each 1/4 -acre in size in different parts of the City are to be reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI) GENERAL PROVISIONS - 25 you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 41'. Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576-6600; Fax: (213) 576-6640 Internet Address: http://www.swreb.ca.gov/—rwgcb4 The SWPPP shall include: • The name, location, period of construction, and a brief description of the project; • Contact information for the owner and contractor; • The building permit number for the project; • The grading permit number for the project (where applicable) • A list of major construction materials, wastes, and activities at the project site; • A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; • A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; • Non -storm water discharges, their locations, and the BMPs necessary to prevent the discharge; • A maintenance and self -inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and • A certification statement that all required and selected BMPs will be effectively implemented. Within 7 days after the City has certified the contract, the Contractor shall submit two 2 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re -submit the document within 7 days of their receipt of the City's comments. The City shall then have 7 days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. C. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The GENERAL PROVISIONS - 26 Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and construction operations: 1. Construction Practices (NS2, NS3, NS4, and NS6) 2. Material and Waste Management (WMO1, WM02, and WM04) 3. Vehicle and Equipment Management (NSB, NS9, and NS 10) 4. Physical Stabilization (EC7, EC12, NS4, TCI, and TC2) 5. Sediment Control Practices (SEI, SE9, SEB, SE 10, SE3, and SE2) Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association P.O. Box 2313 Livermore, CA 94551 www.cabmphandbooks.com D. Implementation Los Angeles County DPW Cashier's Office 900 South Fremont Avenue Alhambra, CA 91803 Tel. No. (626) 458-6959 The Contractor will be responsible throughout the duration of the project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor's activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil -disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil -disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this section, "Water Pollution Control". Unless otherwise directed by the City, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work. E. Sewage Spill Prevention GENERAL PROVISIONS - 27 The Contractor's attention is directed to the sewer bypass operation required during any sewer construction (Standard Specification for Public Works Construction Section 500.1.2.4). The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor's expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. F. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to the following two (2) City Departments: Public Works/ Engineering (626) 569-2150 Public Safety Department (626) 569-2292 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors, to be reached during emergency and off -hours. The City will notify the following: Los Angeles County Department of Health Services (213) 974-1234 Los Angeles County Department of Public Works (800) 303-0003 Regional Water Quality Control Board (213) 576-6665 or 6600 State Office of Emergency Services (800) 852-7550 (For any significant volume of material that entered the storm drain or receiving water) G. Sewage Spill Written Notification The Contractor shall prepare and submit a written report within three (3) working days from the occurrence of a spill to the City, (Attention: Project Manager). This report shall describe the following information related to the spill: The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause GENERAL PROVISIONS - 28 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring H. Enforcement The City, as a permittee, is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall be responsible for all costs and liabilities imposed by law as result of the Contractor's failure to comply and/or fulfill the requirements set forth in Section 7.09 - "Water Pollution Control". The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. I. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the S WPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. J. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefore. 7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added to the Standard Specifications to read as follows: "The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor." GENERAL PROVISIONS - 29 5-7 PUBLIC CONVENIENCE AND SAFETY. 5-7.1 Work Site Safety. 5-7.2 Safety Orders. Section 5-7.2 shall be amended to add the following to the beginning of the first full paragraph: "In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property in performance of the Work. This requirement shall apply continuously and shall not be limited to normal working hours. The Contractor's duty to preserve safety shall include, but shall not be limited to, the erection and maintenance of temporary fences, bridges, railings and barriers; the placement of guards; maintenance and operation of sufficient lights and signals; and all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the City's Representative or other City employee or agent to give general engineering supervision of the Contractor's performance is not intended to include the review of the adequacy of the Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and complete responsibility for safety conditions on the Site." Section 5-7.2 shall be amended also to add the following to the beginning of the second full paragraph: "Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705, regarding sheeting, shoring and bracing." 5-7.4 Special Hazardous Substances and Processes. Section 5-7.4 shall be amended to add the following to the end of that Section: "As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of. (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute." 5-6 PATENT FEES OR ROYALTIES. Section 5-6 of the Standard Specifications shall be amended in its entirety to read as follows: "The Contractor shall include in its bid amount the patent fees or royalties on any patented GENERAL PROVISIONS - 30 article or process furnished or used in the Work. Contractor shalt assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use." 5-1 LAWS AND REGULATIONS. Section 5-1 of the Standard Specifications shall be revised in its entirety to read as follows: "The Contractor shall keep itself fully informed of all existing and future State, Federal and local laws, rules and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with all such existing and future laws, rules, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall defend, indemnify and hold harmless, at least to the extent of the indemnification provisions of this Agreement, the Owner and its officials, officers, employees, volunteers and agents, including, but not limited to, the Director of Public Works and the Owner Engineer, against any claim or liability arising from, or based on, the violation or alleged violation of any such law, rule, ordinance, regulation, order, or decree, whether by itself or its employees. The Contractor shall particularly observe all laws, rules and regulations relating to the obstruction of streets or the conduct of the Work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic. The Contractor shall at all times comply with such laws, rules and regulations. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, rule, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing." 5-4 INDEMNIFICATION. Section 5-4.1 shall be added to the Standard Specifications as follows: "Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with Counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, volunteers or agents. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, volunteers or agents, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, employees, volunteers or agents for any and all legal expenses and costs incurred GENERAL PROVISIONS - 31 by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782." 5-7.2.2 CONCRETE FORMS, FALSEWORK AND SHORING. Section 5-7.22 shall be added to the Standard Specifications as follows: "Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents." - END OF SECTION - GENERAL PROVISIONS - 32 SECTION 7 MEASUREMENT AND PAYMENT 7-2 LUMP SUM WORK. Section 7-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and which shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre -construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor." 7-3 PAYMENT. 7-3.1 Payment. The last paragraph of Section 7-3.1 of the Standard Specifications shall be deleted and replaced with the following two paragraphs: "Contractor shall submit, with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. Following the City's acceptance of the Work as fully complete, the Contractor shall submit to the City for approval a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City's Representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which, in the City Representative's opinion, shall be just and fair, covering the amount and value of the total amount of Work done by the Contractor, less previous payments, applicable withholdings and retentions." "All retention proceeds shall be released and paid in strict accordance with Public Contract Sections 7107 and 7201." Section 7-3.1 ofthe Standard Specifications shall be amended to also add the following at the end of that Section: "Payment for the various items on the Contract Bid Forms, as further specified in the Contract, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of Work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these General Conditions, and as shown on the Drawings, including all appurtenances thereto. Compensation shall include all costs of compliance with the regulations of public agencies having jurisdiction over the Work, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA)." "No separate payment will be made for any item that is not specifically set forth in the Contract Bid Forms, and all costs therefor shall be included in the prices named in the Contract Bid GENERAL PROVISIONS - 33 Forms for the various appurtenant items of work." 7-3.2 Partial and Final Payments. Section 7-3.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "For purposes of this Section, the monthly payment date shall be the last calendar day of each month. In order for the City to consider and prepare for each monthly payment, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) day of the following month. The City shall review and make payment on all approved charges within the time required by Public Contract Code Sections 20104.5 et sem." "Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the Owner to the Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of liquidated damages." "Subject to the provisions of Section 22300 of the California Public Contract Code, a 5 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the Owner for payment. All billings shall be directed to the Engineer." "Pursuant to Section 22300 of the California Public Contract Code, In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City." "The Contractor shall submit with each invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen." - END OF SECTION GENERAL PROVISIONS - 34 CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 PART "B" SUPPLEMENTAL GENERAL CONDITIONS FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 SUPPLEMENTARY GENERAL CONDITIONS 10-1 GENERAL 10-1.1 Description of Work The project consists of removal and replacement of concrete sidewalk, curb and gutter, curb ramps, alley cross gutters, and driveway approaches Citywide as indicated on the construction plans, including tree removals, tree replanting, misc. asphalt concrete roadway repairs, Portland cement concrete roadway repairs, and other incidental and other related work as described in the Plans, Specifications, and Contract Documents, by this reference, made a part hereof. 10-1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis for the compilation of bids, and the City of Rosemead does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. In such case the contract unit price shall prevail subject to the requirements of Subsection 3- 2.2.1 of the Standard Specifications. All work incidental to this project, as described on the drawings and/or this specification shall be considered as included within the scope of the work. The bid prices submitted by the contractor shall include the cost of said incidentals, even though such incidentals are not specifically mentioned in the preceding description of work to be done or in the proposal form. 10-1.3 Equals - Whenever the names of specific products are designated in the details appearing on the drawings or in the specifications, the intent is to state the general type and quality of the products desired, without the intention of ruling out the use of other products of equal type and quality. If the successful contractor wishes to make substitutions of the products specified, he must make an application in writing to the Engineer prior to the acceptance and installation into the project with a complete description of the alternate products and a statement with regard to the saving to the owner, if any, in case the substitution would be permitted. The Engineer will have the right to make the final decision in these cases and to insist on use of particular brands of products shown on the drawings or in the specifications, if, in his opinion, such brands will be preferable to the Engineer, in lieu of the requested substitutions. 10-1.4 Installation of Equipment - All materials and workmanship shall be in accordance with the manufacturer's specifications and instructions. SUPPLEMENTARY GCs -1 10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard Specifications with the following special conditions: a. Beginning and Completion of Work: The contract time allowed for completion of the project is THIRTY (30) working days including material procurement. Work on this project shall commence no later than ten (10) days from the date of Notice to Proceed. b. The contractor shall submit to the Engineer a time schedule of work for the various sequences of the major operations. Said schedule shall be submitted at least 5 working days prior to the beginning of work and shall be subject to the approval of the Engineer. C. Working hours on this project shall be limited to 7:00 a.m. to 4:00 p.m. with no work on Saturdays, Sundays, Holidays, and alternate Fridays in which City Hall is closed. Except when authorized by the Director of Public Works or City Engineer. d. Inspection: The City shall provide inspection for an 8 -hour day for normal working days. The City will deduct from the contractor's invoice an amount equal to $120 per hour for inspection in excess of the foregoing, including legal holidays, City Hall closed Fridays, and weekends. e. Weight master certificates are source documents and it is the contractor's responsibility to collect the material tickets from the drivers at the delivery point, sign and date them and submit to the City Inspector. f Contractor shall notify all property owners within the project limits of all activities; written notification shall be delivered to properties at least seventy-two (72) hours in advance of any activity. g. The contractor and all subcontractors shall attend a pre -construction meeting at the time, date, and place determined by the City. h. The contractor and all subcontractors shall obtain a Rosemead Business License prior to the start of work. 10-3 STANDARD SPECIFICATIONS The work embraced herein shall be done in accordance with the "Standard Specifications for Public Works Construction (Greenbook)," latest edition, including all supplements, and applicable provisions of Caltrans Standard Specifications, latest edition. SUPPLEMENTARY GCs -2 In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. 10-4 CONSTRUCTION YARD It shall be the contractor's responsibility to locate any storage sites for materials and equipment needed, and such sites must be approved in advance by the City Engineer. When storage sites are located on private properties, the contractor shall be required to submit to the City Engineer written approval from the record owner authorizing the use of his property by the contractor, and contractor shall bear all the cost involved, and provide necessary insurance requirements. If contractor chose one of the City owned. The contractor accepts sole liability for the yard during the time, which it is occupied. The contractor agrees to indemnify and hold harmless the City and ARA during the period which the contractor occupies the site. The yard shall be fenced with City - approved temporary chain link fence and gate(s). The yard shall be secured at all times. The Contractor shall be responsible for required utilities, if available. The Contractor shall store all materials in a manner, which complies with manufacturer's recommendations and/or legal requirements. The yard shall be maintained in a manner consistent with surrounding properties. After the project is constructed, the Contractor shall move off of the yard and return the yard to a condition similar to before he moved on the yard. In order to assure these requirements are met, the Contractor shall have an independently prepared environmental report prepared prior to Contractor mobilization and after final cleanup. Contractor and all subcontractors shall not be permitted to place any signage or advertising signs on the site unless city's written approval is obtained. 10-5 UTILITIES The contractor will obtain the locations of underground facilities from the utility companies at least twenty-four (24) hours prior to commencing construction in such areas. At all time the contractor shall be responsible for the protection of such facilities and shall be held liable for damage to utilities during construction. The contractor is responsible to call Underground Service Alert at 811 at least 72 hours prior to commencing any work. 10-6 CONSTRUCTION WATER It shall be the responsibility of the contractor to furnish an adequate supply of water for construction use. SUPPLEMENTARY GCs -3 10-7 AIR AND WATER POLLUTION The Contractor shall be required to conform to all current regulations of the South Coast Air Quality Management District. The Contractor shall also conform to Section 402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of municipal, industrial and construction stormwater discharges under the National Pollutant Discharge Elimination System (NPDES) program. 10-8 HAZARDOUS MATERIAL NOTIFICATION A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all hazardous materials which are brought on site by the Contractor. A MSDS is required for any product which may contain hazardous materials. The contractor must alert the City Engineer of the quantity and type of hazardous material which will be brought on site. The MSDS sheets must be submitted to the City Engineer at least two (2) business days prior to starting work. The City Engineer may require the City Safety Officer or his designee to review the MSDS for approval of use. The contractor shall be responsible for notifying Underground Service Alert (800) 422- 4133 and all utility companies having substructures within the limits of the job. This shall be done at least 72 hours prior to commencing construction. 10-9 PUBLIC CONVENIENCE AND SAFETY The contractor shall conduct his operations to comply with the provisions of section 5-7 of the Standard Specifications. Traffic Control shall comply with the Work Area Traffic Control Handbook of the American Public Works Association (WATCH Manual), latest edition. After award of the contract, the contractor shall submit to the Engineer his proposed schedules for lane closing and his methods of traffic control to comply with the requirements specified herein below. This submittal shall be made sufficiently in advance of any rerouting or diversion of traffic by the contractor to allow for a review of the contractor's proposed traffic control. Any shifting of traffic from one lane to another which is necessary in order to maintain the required number of lanes, shall be directed in such a manner that traffic may move smoothly across the work without any sudden changes from one lane to another. Toward this end the minimum taper allowed for detouring the traffic from one lane to another shall be 20:1. The contractor shall provide, throughout the period of construction, all signs which may be deemed necessary for the safe and orderly conduct of vehicular traffic as directed by the Engineer. All barricades used as warning and guiding devices shall bear the name of the contractor in legible letters. Flashing arrow board(s) shall be required throughout the construction period. SUPPLEMENTARY GCs -4 Traffic lanes shall have a minimum width of twelve (12) feet and minimum clearance of two (2) feet from curbs, poles and similar obstructions, and two (2) feet from any excavation, unless otherwise specified. One lane each direction shall be maintained at all times. Transitions of differential road surfaces shall be maintained according to SSPWC sect. Spillage resulting from hauling operations along any public traveled way shall be removed immediately by the contractor. Traffic shall not be allowed on the street until the initial sweeping is complete. Contractor shall provide access to the existing driveways at all times. Contractor will close only one driveway at any time to properties having more than one driveway. 10-10 PAYMENT Payment shall be made in accordance with Section 7 of the Standard Specifications. Payment will be made at the lump sum prices or unit prices as stipulated in the Bid Proposal and will include full compensation for furnishing all labor materials, tools and equipment and doing all the work involved in completion of the bid items. 5 % retention will be paid 35 days after Notice of Completion was recorded. 10-11 SURVEY MONUMENTS See Section 3-10 Surveying of the General Provisions Page — 7. 10-12 CLEAN-UP Upon completion of the work and before the final estimate is submitted, the Contractor shall, at his own expense, remove from the vicinity of the work all plant, buildings, rubbish, unused materials, concrete forms and other materials or equipment belonging to or used by him or any subcontractor on the work. In the event of failure to so remove, the same may be removed and disposed of by the City at the Contractor's expense. 10-13 GUARANTEE The contractor hereby guarantees for a period of one year that the entire work constructed by him under this contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished by him. The contractor hereby agrees to make at his own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by him that becomes evident within the time specified after filing of the Notice of Completion of the work by the Engineer, and to restore to full compliance with the requirements of these specifications, including the test requirements set forth herein for any part of the work constructed hereunder, which during said period is found to be deficient with respect to any provision of the specifications. The contractor also agrees to defend, indemnify and hold the Owner, its officers and employees, SUPPLEMENTARY GCs -5 harmless from claims of any kind arising from damage due to said defects. The contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Engineer. If the contractor fails to make the repairs and replacements promptly, the owner may doe the work and the contractor and his surety shall be liable to the owner for the cost thereof. Upon termination of the Contractor's guarantee any manufacturers' guarantees held by him shall be delivered to the owner. The guarantees and agreements set forth in this section shall be secured by a surety bond which shall be delivered by the Contractor to the Owner before the notice of completion shall be filed by the Public Works Director. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the owner, in the amount of ten percent (10%) of the contract price. Said bond shall remain in force for a period of one year from the date of filing of the Notice of Completion. Instead of providing a surety bond, the contractor may, at his option, provide for the Faithful Performance Bond famished under the contract to remain in force for said amount until the expiration of the required period. 10-14 SANITATION All portions of the work shall be maintained at all times in sanitary condition. The contractor shall provide adequate toilet facilities for all workmen and representatives of the owner employed on the work. Such facilities shall be subject to the acceptance of the owner as to location and type. The contractor shall maintain the same in sanitary condition from the beginning of the work until completion and then shall remove the facilities and disinfect the premises if necessary. The contractor shall be responsible for alleviating all dust and nuisance conditions occasioned by his work. Each day, at the completion of the day's work, the entire trench area and adjacent streets shall be swept and cleaned to the satisfaction of the City Engineer or his appointed representative. The contractor shall cover all storm drain catch basins during excavation and sweeping operations to prevent excavated materials from entering the catch basins. 10-15 SITE MAINTENANCE 1.01 General. The Contractor shall maintain the construction site in a neat and orderly condition, free from trash and waste construction materials at all times. Unattended construction materials, equipment, and trash shall be left in a manner to not constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. SUPPLEMENTARY GCs -6 The Contractor shall provide proper barricades with flashing lights properly working and temporary fencing to insure a safe construction site. The Contractor shall maintain the work site in a manner that assures adequate access to workers and other authorized personnel. The Contractor shall provide proper traffic control in all construction areas. 1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to abate undue dust. Application of water for dust control shall be under the control of the Engineer and shall be applied in the amounts and at locations designated by the Engineer or other City Representatives. 1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm or other water from flowing uninterrupted along the existing street drainage courses. Diversion of water for short reaches to protect construction may be permitted if public or private properties are not threatened with damage. Should such diversions be necessary, the Contractor shall obtain written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside rights-of-way or normal drainage courses. 1.04 Protection of Existing Improvements. Construction operations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor shall work around all existing utility facilities. During construction the Contractor shall cooperate with the owners of any utility that has manholes, vaults, valve covers or any other facilities within the construction area. These facilities shall be completely protected by the Contractor. The Contractor shall exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless otherwise specified, all costs for protection of existing improvements shall be absorbed in the various items of work and no separate payment shall be made for them. 1.05 Restoration of Existing Improvements. All existing improvements removed or damaged during construction shall be reconstructed in accordance with the applicable provisions of the Standard Specifications for Public Works Construction, 2021 Edition, (hereinafter referred to as the Standard Specifications). The Contractor shall replace or restore existing improvements to their original condition to the satisfaction of the Engineer at no expense to the City. 1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste material shall become the property of the Contractor and shall be disposed of by the Contractor outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. 1.07 Final Clean Up. After completion of all other work required under the contract, the Contractor shall, at no expense to the City, clean up the work site including any and all properties used by the Contractor during construction to the satisfaction of the Engineer. SUPPLEMENTARY GCs -7 The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or nature which has been moved, damaged or altered in any way by the Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing asphalt pavement or concrete pavement during paving operations. The Contractor shall slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive) all asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on the concrete pavement, Contractor shall sand blast the affected area to its original condition and to the satisfaction of the Engineer or City Representatives at no additional cost. Any and all of these requirements shall be at the Contractor's expense. 1.08 Payment. No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. 10-I6 CLEARING AND GRUBBING 2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and Grubbing" of the Standard Specifications. In addition, the following items of work are included under Clearing and Grubbing, unless otherwise covered by specific bid items: A. Maintaining dust control at all times by watering and sweeping. B. Providing traffic control and maintaining access, security and safety including all signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in these specifications. C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures. D. Removing, storing, and replacing removable and portable items and their safe handling and keeping. E. Providing temporary pumps, conduits, and any other necessary means to convey waste waters in order to bypass the construction as needed and as approved by the Engineer. F. Saw cutting Portland cement concrete and asphalt concrete pavement for construction of smooth and straight joins. G. Providing shoring, sheeting, bracing, etc. for excavations SUPPLEMENTARY GCs -8 H. Removing, relocating and replacing all sprinkler lines, heads, valves, and other landscaping items interfering with the construction of improvements. I. Removing and disposing of all existing improvements interfering with the construction of new improvements and/or as required elsewhere in these specifications and not included in other bid items. J. Restoring landscaping or any other miscellaneous improvements damaged during construction. K. Removing, replacing, backfilling, and compacting miscellaneous earthwork resulting from removing existing improvements that are not replaced and where excavations were made for concrete forming. L. Backfilling areas with clean topsoil; grading to join elevation of newly constructed curb, sidewalk, and driveway approach; and seeding, watering, and caring for rye grass or approved equal by the Engineer until the grass is established. M. Providing all necessary means to prevent tracking of asphalt oil on existing or new asphalt pavement including a water truck during the paving operation and for restoring areas where asphalt oil was spilled. N. Coordinating the construction with all utility companies. O. Obtaining permit from the appropriate water company for connection to fresh water source and delivering water to the point of use and assuming payment of all fees and payment for water used. 2.02 Payment. Payment for Clearing and Grubbing shall be included in the lump sum price under each bid item. Payment of the lump sum price bid shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in Clearing and Grubbing as specified above and as directed by the Engineer. 10-17 CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT OF THE PROJECT 3.01 General. Due to the nature of this project involving some inconveniences, the Contractor shall respond to all complaints associated with the project that include any alleged damage to private property and/or vehicles, within 24 hours of notification. Failure to comply with this provision will result in an additional penalty of $50.00 per occurrence. The City reserves the right, after 24 hours of notification, to respond to the complaint and repair the alleged damage. The Contractor shall reimburse the City for all costs involved in addressing the complaint, including any administrative costs incurred by the City. 3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute notices informing those affected that construction will be performed in proximity to their SUPPLEMENTARY GCs -9 property. The notice shall be distributed not less than 48 hours before commencement of work. The Contractor shall provide a sample notification to the Engineer for approval. 3.03 "NO PARKING" Signs. The Contractor shall post temporary "NO PARKING" signs at no cost to the City. The "NO PARKING" signs will be in place not less than 48 hours prior to performing the work. 3.04 Payment. No separate payment will be made for Contractor's Responsibilities Before Commencement of the Project. All costs for furnishing all labor, materials, tools, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. SUPPLEMENTARY GCs -10 CITY OF ROSEMEAD CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 PART "C" TECBNICAL PROVISIONS CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 TECHNICAL PROVISIONS A. General: 1. The Contractor shall obtain a no -fee Construction Permit before commencing construction from the City. 2. Scope of the Work covered by Contract Documents: The work consists of furnishing all materials, equipment, tools, labor, and incidentals as described in detail in the Bidding and Contract Documents, Plans and Specifications to construct the project. The project consists of removal and replacement of concrete sidewalk, curb and gutter, curb ramps, alley cross gutters, and driveway approaches Citywide as indicated on the construction plans, including tree removals, tree replanting, misc. asphalt concrete roadway repairs, Portland cement concrete roadway repairs, and other incidental and other related work as described in the Plans, Specifications, and Contract Documents, by this reference, made a part hereof. 3. The Contractor shall accept the site and the character of the work as they exist on the first day of work under this contract. 4. Limits of Work: Limits of work shall be the legal property boundaries of the project site unless modified by Contract limit lines indicated on the plans or as noted otherwise. Prior to commencing work on any area, the Contractor shall verify and coordinate them with the Engineer to ascertain the actual limits of work. 5. The Contractor shall take note that the final limits of AC pavement removal and reconstruction shall be coordinated and determined by the City Engineer during construction. 6. Project Schedule The Contractor shall submit a Construction Schedule to City Engineer prior to beginning construction. No work may be started until a Notice to Proceed is issued by the City. A Notice to Proceed shall not be issued until the Schedule has been approved in writing. The work shall be scheduled to assure that construction will be completed within the specified time. The Contractor shall be held responsible for coordination of all phases of the operation so that the time schedule can be met. TECHNICAL PROVISIONS TP -2 The Contractor shall provide to the City all required contract bonds and evidences of insurance prior to the issuance of "Notice to Proceed" by the City. If the Contractor desires to make a major change in its method or operations after commencing construction or if its Schedule fails to reflect the actual progress, the Contractor shall submit to City Engineer a revised Construction Schedule. Said Schedule shall be submitted in advance of beginning revised operations or within two (2) working days after notification by the City Engineer. City Engineer may suspend all progress payments if the Contractor fails to comply. 7. Notice to Proceed The Contractor shall not commence work until a Notice to Proceed has been issued by the City to the Contractor. Prior to the issuance of Notice to Proceed the Contractor shall provide the following: a. The Contractor shall provide all required contract bonds and evidences of insurance to the City; b. The Contractor shall submit a Construction Schedule to City Engineer; C. Obtain a no -fee Construction Permit from the City Notwithstanding any other provisions of the Contract, the Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to delivery of a Notice to Proceed. The City's knowledge of work being performed prior to delivery of the Notice to Proceed shall not obligate the City to accept or pay for such work. The construction date shall begin within 10 days after "Notice to Proceed" is issued by the City to the Contractor. 8. Contract Time Working hours are between 7:00 a.m. and 4:00 p.m. Monday through Friday, excluding legal holidays and weekends. During periods when weather or other conditions are unfavorable for construction, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose acceptable quality or efficiency will be affected by any unfavorable conditions shall be constructed while those conditions exist. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 9. Delay in Obtaining Materials: TECHNICAL PROVISIONS TP -3 No extension of time will be granted for a delay caused by the inability to obtain materials unless the Contractor either obtains advance written approval from City Engineer or obtains from the supplier and furnishes to the Engineer documentary proof that such materials could not be obtained due to war, government regulations, labor disputes, strikes, fires, floods, adverse weather conditions necessitating the cessation of work, or other similar action of the elements. The Contractor is required to order materials in a timely manner as specified in the "Instruction to Bidders". 10. Contract Documents The Contractor shall maintain at the job site one (1) set of Contract Documents to include Plans & Specifications, Standard Plans, and Standard Specifications for Public Woks Construction. At the end of each working day, the Contractor shall submit to the Inspector an accurate "as -built" drawing of any changes that occurred from the approved plans and drawings, including Change Order work, changed conditions in the field, and/or claimed extra work. The Contractor shall be responsible to obtain the Inspector's written approval of the accuracy of said drawing. No invoice will be accepted for processing until all work included therein is accurately shown on the record drawings. 11. It shall be the Contractor's responsibility to completely remove all "construction graffiti" (spray paint or other marking for utilities, survey points and construction limits) prior to acceptance of the work as completed. 12. All costs for complying with the requirements of this section shall be included in the various items of the bidding schedule unless specified otherwise. B. Construction Staking: I. The Contractor shall be responsible for construction staking. 2. Unless otherwise provided in the special provision, lines and grades for the construction shall be the responsibility of the contractor, with the following provisions: 3. All work under this contract shall be built in accordance with the lines and grades shown on the plans. Field survey for establishing these, and for the control of construction, shall be the responsibility of the Contractor. All such survey work including construction staking shall be done on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and trade involved. 4. The Contractor shall provide a copy of the office calculations and grade sheets to the City Engineer. The Contractor shall be responsible for any error in the finished work, and shall notify the Engineer, in writing, within 24 hours of any discrepancies, or design errors during the construction staking. TECHNICAL PROVISIONS TP -4 5. All the Survey Monuments and Bench Marks removed and/or altered during the construction shall be reset and certified "corner records" shall be submitted by the Land Surveyor, to the Engineer prior to the final acceptance of the construction. 6. Payment for surveying, construction staking, setting of the Survey Monuments and Bench Marks, preparing corner records, professional services, office and field calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all the work involved, shall be considered as included in the items of work for which the surveying work is performed, and no additional compensation will be allowed. C. Materials: 1. Material Specifications: Whenever any material is specified by name and number thereof, such specifications shall be deemed to be used for the purpose of facilitating a description of the materials and establishing the quality of the materials to be used. All materials shall be new and the best of their class and kind. No substitution will be permitted which has not been approved in writing by the Engineer. 2. Portland Cement Concrete Material: Portland Cement Concrete (PCC) shall be of 3,250 psi strength for all concrete replacements, unless otherwise listed per bid schedule. PCC roadway panel and header replacement shall be 4,000 psi. 3. A complete material list shall be submitted prior to performing any work. Catalog data and full descriptive literature and manufacturer's specifications and installation instructions shall be submitted whenever the use of items different than those specified is requested. The material list shall be submitted using the following sample layout (double spaced between each item). Item No. Description Manufacturer Model Number material ABC Corp. XXX 5. Approval of Substitutes 6. Approval of any items, alternates or substitutes indicates only that the product(s) apparently meet the requirements of the drawings and specifications based on the information and/or samples submitted. 7. Contractor's Responsibility: 8. Manufacturer's warranties shall not relieve the Contractor of liability under these Specifications. Such warranties only shall supplement the Contractor's responsibility. TECHNICAL PROVISIONS TP -5 D. Inspection and Testing: All work covered by this Contract Documents shall be inspected by the City Engineer or authorized designee. Request for inspection service shall be made 24 hours in advance. All materials furnished and all work performed under the Contract shall be subject to review and approval by the City Engineer. Such review may include mill, plant, shop, nursery, or field inspection as required. City Engineer shall be permitted access to all parts of the work, including plants where materials are manufactured or fabricated, and shall be furnished with such materials, information and assistance by the Contractor and its subcontractors and suppliers as is required to make a complete and detailed inspection. The City will provide standard progress building and public works inspection at no cost to the Contractor. Contractor shall arrange and pay for all other inspections required by ordinance or governing authorities, including tests in connection therewith, as may be assigned to it in other sections of the specifications. Where required by the Building Code, specialty inspectors shall be provided by the City at no cost to the contractor. The Contractor shall request specialty inspector at least forty-eight (48) hours in advance of an anticipated inspection. It shall be the Contractor's responsibility to obtain Inspection in a timely manner prior to proceeding with any phase of construction. The Contractor shall neither allow nor cause any of its work to be covered or enclosed until it has been inspected, tested and approved by the Director of Public Works and Development Services or his/her designee. City Engineer will make, or have made, such inspections and tests as he deems necessary to see that the work is being accomplished in accordance with the requirements of the Contract. In the event such inspections or tests reveal non-compliance with the requirements of the Contract, the Contractor shall bear the cost of such corrective measures deemed necessary by the Director of Public Works and Development Services or his/her designee, as well as the cost of the subsequent re -inspection and re -testing. It shall be understood and agreed that the inspection or making of tests shall not constitute an acceptance of any portion of the work nor relieve the Contractor from compliance with the terms of the Contract. Work done in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, and the entire cost of removal and replacement, including the cost of all materials which may be furnished by the City and used in the work thus removed, shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered without the authority of City Engineer shall, upon order of the City Engineer, be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement. TECHNICAL PROVISIONS TP -6 E. Utilities: Before starting work, the Contractor shall verify the locations and elevations of all existing utilities by contacting Underground Service Alert at 811, at least 48 hours in advance. Existing utilities have been carefully located and shown on Los Angeles Record office records plans provided by utility companies. The Contractor shall notify the utility companies and agencies listed below before beginning excavation and shall coordinate his work with them. 2. The Contractor shall provide coordination with all the utility companies involved and shall provide protection from damage to their facilities. The Contractor shall be responsible for repair or replacement to said facilities made necessary by its failure to provide required protection. The Contractor is required to include utility requirements in the Construction Schedule. 3. The Contractor shall notify all utility agencies and owners of all facilities within the area of construction a minimum of five (5) work days in advance of performing any work within said area. 4. The Contractor shall protect all utilities and other improvements which may be impaired during construction operations. It shall be the Contractor's responsibility to ascertain the actual location of all existing utilities, including service laterals, and other improvements indicated on the drawings that will be encountered in its construction operations, and to see that such utilities or other improvements are adequately protected from damage due to such operations. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be directed by the Engineer. The Contractor shall be solely responsible to check all utility record maps, books, and/or other data in the possession of the City, other agencies, and/or all utility companies, and no allowance shall be made for any failure to have done so. 5. Affected storm drain and sewer manhole frames and covers shall be adjusted to grade by the Contractor. For this project, it is required that the Contractor shall adjust affected water valve to grade in coordination with the water purveyor. The respective water purveyor will provide new water/valve cans when required. The water purveyor will have the option to adjust their own valve/water cans without addition or deduction cost to the Contractor. So. California Gas, Verizon, So. California Edison, and Telecommunication structures shall be adjusted to grade by the respective owners. It shall be the Contractor's responsibility to notify and coordinate the needed work with the respective utility owners. Notification and coordination by the Contractor shall be done no less than 5 days of the need of the work. TECHNICAL PROVISIONS TP -7 All cost related to utility adjustment to grade including notification and coordination shall be considered included in the cost of AC pavement construction under applicable bid items. F. Phasing: To provide minimum inconvenience to the public particularly the residence and business owners, occupants and the travelling public, the Contractor shall execute the project in phases and adhere to the Traffic Control Requirements below. Prior to the start of construction, the Contractor shall prepare and submit his/her phasing program to the Engineer for review. G. Traffic Control Requirements: 1. The Contractor shall be responsible to famish, install and maintain such devices which are necessary to provide safe and efficient passage for the traveling public through the work area, for the safety of personnel present in the work area, and to minimize inconvenience. 2. All work and materials to implement construction staging and traffic control shall comply with the California Manual of Uniform Traffic Controls Device (CA MUTCD). Signs, markings, striping, barricades, delineators and all materials shall conform to applicable Caltrans standards and specifications. 3. The use of flagmen may be required if deemed so by the City Engineer. Adequate flagmen, construction signs barricades, delineators, and arrow boards shall be used to the satisfaction of the City Engineer. Adequate traffic control shall always be maintained through the construction zone. 4. Traffic control through the project area shall conform to the requirements of Section 7- 10, "Public Convenience and Safety," (SSPWC). 5. The Contractor shall not allow traffic to travel on natural ground, subgrade, or aggregate base material. Traffic must only be allowed on a firm asphalt surface. A temporary ac pavement may be used for this reason to allow traffic. 6. The Contractor shall maintain a minimum of 5 feet clearance from the vertical edge of excavation. 7. The Contractor shall not be allowed to leave vertical edge over I" within the street pavement when the pavement is open to traffic except along the edge of gutter. Otherwise, the Contractor shall construct temporary AC transition at edges including around the edges of utility structures. The transition at traverse edge to through traffic shall be 6:1 slope, at longitudinal edge shall be 4:1 slope and at driveways ramped at 6:1 slope. TECHNICAL PROVISIONS TP -8 8. Ingress and egress of vehicle to all driveways shall be maintained at all times except when arranged in advance by the Contractor with the respective residence. 9. The Contractor shall maintain one 10' wide minimum traffic lane in each direction at all times. 10. No street or one traffic direction closure shall be allowed unless approved by the City Engineer 48 hours prior to the closure and subject to the following condition: a. The Contractor shall submit a detour plan prepared by a Civil Engineer in the State of California, for approval by the Engineer. 11. The Contractor shall install, maintain, and remove all temporary delineators, barricades, lights, warning signs and other facilities necessary to control traffic as specified in the CA MUTCD. 12. All traffic lanes shall be open at the end of working hours each day, except for the required overnight lane closures that will be authorized for the scope of work relating to bid items 6 & 7 to allow for the Portland Cement Concrete (PCC) to cure for a minimum of 48 hrs. Arrow boards will be required to stay in place over night along with other required traffic control devices per CAMUTCD at each segment where the PCC roadway and PCC headers are removed and replaced. 13. Temporary No Parking Signs. The Contractor is responsible to post "Temporary No Parking" signs at least 5 working days in advance of the first date of enforcement. The City shall be informed before posting of signs. Parking will be restricted only for the minimum time necessary to complete on-going work. H. CLEARING AND GRUBBING: a. The following paragraphs shall be added to Subsection 300-1.3, Removal and Disposal of Materials of the SSPWC: "CONTRACTOR shall remove and transport debris and rubbish in a manner that will prevent spillage on streets or adjacent areas. Cleanup of spillage will be at CONTRACTOR'S expense. Unless noted otherwise elsewhere on the contract documents, all materials indicated to be removed shall be recycled immediately at the CONTRACTOR's expense at a site approved by the Engineer, per the requirements highlighted in Subsection Part 1.28 Solid Waste Management and Recycling Plan. No demolished materials shall be stored in the Work Area or Staging Area at any time, but instead shall be removed and recycled immediately. TECHNICAL PROVISIONS TP -9 Contractor shall not start any removal work unless it is prepared to perform reconstruction work immediately without interruption from the time removals begun, unless otherwise approved by the Engineer". b. Add the following to subsection 300-1.3.2, Requirements of the SSPWC: "Where Full Depth Localized Asphalt Concrete Pavement Repair are required, the existing AC pavement section is not known and may vary. For this project, the upper 4" of the AC pavement section is considered AC pavement and underneath it is considered base material." c. Remove subsection 300-1.4, Payment of SSPWC and replace with the following: "Payment for clearing and grubbing including recycling shall be considered included in various bid items except for other removal items as listed and described in the bid schedule". L TREE REMOVALS AND REPLACEMENT a. Tree planting shall conform with Standard Plans for Public Works Construction Standard Plan 520-4. b. Contractor shall ensure that installation of an arborgard tree wrap is installed at the base of the tree for each of the trees that're installed per bid item 4. c. Bid item 4 shall include restoration of parkway to match surrounding area where tree was removed and replaced. J. TACK COAT i. Tack Coat per subsection 302-5.4 of SSPWC and add the following: 1.) Tack coat material for overlay shall be PG 64-10 applied at a rate of 0.05 gallons per square yard applied at a minimum of 350 degrees Fahrenheit from a distributor truck with a functioning heating element capable of raising the temperature by 3 degrees Fahrenheit per hour. 2.) On the construction of new AC pavement section, tack coat shall be applied on base course before the wearing course is applied. 3.) Tack coat shall be placed so far ahead of paving that the tack coat is tracked away by trucks from more than 20 percent of the tracked area. 4.) Tack coat for joints on trenches and remove and replace repairs shall be uniformly applied at .20 gallons per square yard PG 64-10 or two coats SS 1 h applied uniformly at .20 gallons per square yard each coat. TECHNICAL PROVISIONS TP -10 5.) The CONTRACTOR shall place the tack coat in a manner to prevent vehicles from driving through the tack coat. ii. Measurement and Payment subsection 302-5.4 of SSPWC, revise to: Full compensation for tack coat shall be included in the Bid Item 5 for Misc. Asphalt Concrete Patch of the Bid Schedule. K. ASPHALT CONCRETE PAVEMENT i. ASPHALT CONCRETE PAVEMENT The Contractor shall incorporate the following exceptions, additions or deletions to Section 302-5, "Asphalt Concrete Pavement", (SSPWC): 1.) Roadway asphalt pavement overlay shall be C2 PG 64-10. 2.) Asphalt pavement overlay and reconstruction shall include the adjustment of manholes and other structure to grade per Subsection 403-3 of the SSPWC and adjustment of other utility structures to grade. 3.) Rolling shall comply with Sections 302-9.5 and 302-5.6 of the Standard Specifications. Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint. Join lines between successive runs shall be within 6 inches of lane lines or a minimum of 12 feet outside of the outer most lane line. 4.) Removal of all AC slurry seal residue from gutter lip should be completed prior to paving. Diesel fuel shall not be used for cleaning purposes within the limits of this project. 5.) Contractor shall have sufficient power brooms on site during all periods if distribution on site during all periods of distribution and spreading to provide cleanup of haul routes and work areas. Powerbrooms shall provide miscellaneous cleanup of AC spoils as directed by the Engineer. Power brooms shall not be operated more than 80% full of sweepings. 6.) Contractor shall maintain a functioning infrared heat measurement device in close proximity to each paving machine at all times. Contractor shall provide a pavement temperature reading, with an infrared heat measurement instrument, when requested by the Engineer. INACCESSIBILITY OF A HEAT MEASUREMENT SHALL BE CAUSE FOR TERMINATION OF PAVING OPERATION. 7.) Two initial complete passes with the breakdown roller shall be provided. Initial breakdown rolling shall be performed close enough to the paving machine and at a pavement temperature high enough such that pavement temperature after two passes exceeds 240 degrees Fahrenheit. TECHNICAL PROVISIONS TP -11 8.) Immediate rolling shall be provided such that a total of six passes are performed before pavement temperature drops below 200 degree Fahrenheit. 9.) The Contractor shall join all gutter lips such that the finished AC surface is three- eighths (3/8") inches above gutter lip. 10.) Temporary asphalt concrete work where required by the Engineer for traffic control or other purposes shall be considered included in the price bid for Traffic Control and no additional compensation will be allowed therefor. 11.) To avoid picking up loose rock in the overlay area, the tires of all trucks must be lightly oiled with linseed oil or soybean oil or approved equal. Diesel fuel will not be allowed on the project at all for oil down of any equipment. 12.) Watering of area to prevent tracking of material will be allowed if no water enters the storm drain system and the Contractor adheres to all local and state water quality regulations, and these Contract Documents. 13.) Rolling along ajoint shall be such that the widest part of the roller is on the cold side of the joint. 14.) Rubber tire rollers shall be used on any leveling course. 15.) At a minimum, two complete passes with the breakdown roller shall be provided. Initial breakdown rolling shall be performed close enough to the paving machine and at a pavement temperature high enough such that the pavement temperature after two passes exceeds 240 degrees Fahrenheit. Intermediate rolling shall be provided such that a total of six passes are performed before pavement temperature drops below 200 degrees Fahrenheit. An additional intermediate roller may be required to achieve this result. A finish roller shall be provided in addition to intermediate rolling. TEC14NICAL PROVISIONS TP -12 CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 PART "D" APPENDIX APPENDIX A - PROJECT PLANS r ` o E H — 2 i o 9Ya 'u E N �. ¢ w S 2 J o f F 3_ gig- a a _ ° Y 'N t6 O) JL M a m r m o � Ef � w _ O m � v5�v8og3� � F f Z N e Z ti N m V m 0 W 0 « O 16 _ H N O r W U � O r 6 W O Cn • ; N • O • 6 O • E Q s l J Qo u O c y LL d a U m / a �"i •�� m 0 v _ w W I—' W i y s. o W O cu v Ln ° Z ISL O N J m O = U — pU � C E E 3 ippp N w O p N m O J • d Gro LL � m z A $ n y o W a 9 a d = > > a t u 3: 3 @s a 3 ga Yr 9 m F u qua K Zm a U V O Tc� t S n n $� €g s do d r Ey O m v � a : � o u ' o L U _ Q tN Y O CL J O V Zcua U 6 3 LL J m z z o U IX/ d� 33 oQ0 Y / K l !' S� t A• `o o Q �. s` LL uj LU w O CLLL w O a N Y d m H > e a ZN OO 'O a d s H d US o- o r � ¢m d d u W N O 3 S 6 L r Q L Q Q g C F c 3 ^ T 'C epi C epi 9 N 9C � u z n q Mo n e '.d4 ° 9° a.2 &' G 3'� " 8 e K 3 d 3 d 3 o g i4 E A E A 12 m S 6 V L m m$ L C C C 9 C 9 G 9 4 SOK d Y p y g y q y g Y O q d a ¢ C E N g ¢ c c a tl= E v Y. u u u `o au v 'o C 'a cc 'o^ o �+ mo s OE q c E d v o c uu p t o y n C c v$ - B O eV T Q T O f W J W Z m ✓.gym h K O d t O d ij > > v a N u u > 2 J �r � fi �m s aai Q :F 2 .y i ry m e I � � :�F Isl gmo cc C)' v� �ql EE a 1 22 LU Y ' F 4 K F v I 2 E - 1" W m Y LL O a _ O C - 1 U f0 6, v m v m v g = l UO C. a G d W q O 1 6 N 60 V T i e LL a 99 o N Ey d C d c m $ c m `, J • e V o � a d v E x2 2 e c w v 4 S m o o Q E a y q t7 l7 m m v1Oi o E E o o m m 3 J m o m o o $_ E N o 0 o m n `^ W 3 3 '�^ '1O^ w a g u `o > B� '" ti v w n m o m m n m m n m .Ni ry o� C O. 'i O e4 e1 V O F t C m O .y N n'1 O r/1 tO n m OI � N eNi emi 2 z F o V 0 Q1 Y N O K Z Qi u O F g m V n LL J a F o G V 0 N Q Y r D m U a N 0 Lu ° 6 C CL w C W li j N N N Oci m " N O O CoC C � Ol U z CL E s a v m o Y v o w L t LL LL N 6 J N J m v O m m c o hum a o 3 6 6 O `o s 1 O `o � sQ 6 O `o sO 6 O o N � O 6 a o O0 a o - � � o { r 0 _ a � E a n u + E A _ � a v a z - v 1 C u m o J + a O E o Q m O N VI O O O N N vl O M p gw u 2 a o a$ to E EOp n m E E ?� 3 1i07 m 0 F7 'D 03 v O � L U m 0 Q o F. z e Z O N N O 6 6 n ♦ o > " o O y ° Q U � 3 0 O o U ° tbl ✓ < o z F z QLU w LLI o =d O — w 7 _ LC o U r ' Fn i t F N � o O Z a y c m v mrya go 2 g y m O O V N a Y a W z 0 W o w "ry a may, q„ sL n W Z Z N O m y C C y L m V a' b U S C m O Q W N a m 9 z u J ♦ a o n 3 of u m m a N a� n 246 w2 c vi v� o � m S ww �a 5_ WO F ul z� � am m u a ° N i LL u u Q ? = o Z C a 4 O E J U EL U Lu f0 E a= Lu> Lu 0 U) Z Q v L3 ¢ Y u L m LY z Q �7 O } � ya 5w � aV N ♦. zz N �g L a a H f o E g n o 3 d aN o" c z G 2 ^ mbb 5t R: n RQ8 S3'rv'm Rm„,. ". rg ry m. m m m n R M> ry q C eC c p `e ? c 9 y` E E E E E a `¢ `6 `6 `¢ - P g£ c E C C C P t n n > Y u n UP' le yP g tp 2 E rc P P P E P E E E E m 5 �^ i W:: ;J<e "e a e k3. k k k k — v v • a` m m q n n m c o� e� o� s N 3g � n • N ■ m M n / r, o n ® Q e• _ �■ ai � E I i r L � E V y w m m n Y d J ■ ON E c •d5 o w E E 6 1O o' o o c_ c !7 (D (D y 5 S o� OBJ 0 a Y a C C C a 3 3 a `o_ o a' 'c° 'c° la7 3 802 .+ "> 3 ">3 0 0 0 a a a 2 E E v a a = N «° «° m m E a lE 4 o c 3 c 3 d d o p a a d a a N 6 6 m a a a C C C V1 v 0 c .+ ry m v in Eo Z b n N • � c d O O y V I Ls 19 H p O •�" +' n cu p U O M Ea �_ $� �3� ��f5j� a • 'n EI _..�.. W m �1 - a f / 9 y� 1 w J ' U) O v = i O cco _ >d W LL Qi wv �,mm W N Jsi O � �Aw d ry •au+'i N r — ea 0 I -} 66 c aNa a 2 u6 a a a O v < m F O N a O 9 0 L O J +• W YZI p O N W y d VI � 6 O O q Sp ba a3 ¢ m m N O = m APPENDIX B - STANDARD PLANS (SPPWC) Arbor SECTION 6� I ROOT BARRIER 16' (4800 mm) x 38' (900 mm) d'di V�No pA i 1A os mm) STAKE -NOTE 8 BASIN GRADE BACKFILL PATH AMENDMENTS ROOT BALL PERFORATED PIPE 6'0 (150 mm0) x 48" (1200 mm) ROOT BARRIER SYANDAM 520-4 TREE PLANTING TREE CROWW PLANTING PIT TIE TAKE TREE STAKE— TREE TREE TRUNK ROOT BALL! PLAN VIEW r AMEN TO 3% PERFORATED PIPE CONTAINER 4ADTH 30" (750 mm) TO 48" (1200 mm) BOX STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION SYANDAM 520-4 TREE PLANTING 1. SET TOP OF ROOT BALL 1" (25 mm) ABOVE FINISH GRADE. 2 FOR24' (BOO m) � CURD OR WALK. SMALLER, INSTALL ROOT BARRIERS IF TRUNK IS WITHIN FOR 30" TO 48" (750 mm TO 1200 mm) BOX TREES, INSTALL ROOT BARRIERS IF TRUNK IS WITHIN 10' (3.0 m) OF CURB OR WALK. 3. AMEND BACKFILL MIX PER SPECIFICATIONS. LEAVE TRUNK AND ROOT FLARE VISIBLE. 4. SET PERFORATED PIPE FLUSH WITH TOP OF BACKFILL. FILL PIPE WITH No. 2 GRAVEL PER SSPWC TABLE 20D -1.4.(B) AND COVER WITH FILTER FABRIC. WRAP FABRIC 6" (150 mm) DOWN SIDES OF PIPE. 5. FORM 3 1/2" (90 mm) HIGH BERM AROUND BACKFILL AS A WATER BASIN. 6. TOP PER THE WATERBAS PROVISIONS, WITH 3 KEEP GRAVEL OR MULCH 3LOR 1/2"(T OEmm)ULCH C EAR OF TRUNK. LEAVE TRUNK AND ROOT FLARE VISIBLE. 7. REMOVE ALL NURSERY STAKES. B. INSTALL NEW TREE STAKES PER SPPWC 516. 9. FASTEN TREE TO STAKES PER 306-4.6, TWO TIES PER STAKE. 10. AFTER PLANTING, PRUNE THE TREE AS APPROVED BY THE ENGINEER. 11. R00T BARRIER. WHERE SHOWN, SHALL BE 80 MIL (2.0 mm) THICK. 12. INSTALL AN ARBORGARD TREE WRAP ATTHE BASE OF THE TREE h STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION Tar' rl..a 524-4 TREE PLANTING I- 4' (1200 mn MIN r4- �) Y GRADE BREAKS r � STR m 8' (150) or leas I'X, W X S-6' (1050) 4'-9' (1425) 11' (200) V-0' (1200) '- TYPE A A- 4' (1200 mm) GRADE BREAKS MIN Y I ISCE (1200 MIN f X r 44 TYPE B TYPE C 4' (1200 mm) MIN Y 2% 1" (25 mm) CF SECTION A—A CURB FACE, inches (mm) X inches (mm) Y, Inches (mm) 8' (150) or leas X-0' (900) 4'-0' (1200) 7" (175) S-6' (1050) 4'-9' (1425) 11' (200) V-0' (1200) 5'-8' (1700) 9" (225) V-6' (1350) 6'-6" (1950) 10' (250) 5'-0' (1500) 7'-3' (2175) 11' (275) 1 5'-6" (1650) 8'-0' (2400) 12" (300) or more 1 6'-0' (1800) 8'-9" (262 5) NOTES: 1. RESIDENTIAL DRIVEWAYS SHALL BE 4' (100 mm) THICK PCC. Z COMMERCIAL DRIVEWAYS SHALL BE 6" (150 mm) THICK PCC. 3. WEAKENED PLANE JOINTS SHALL BE INSTALLED AT BOTH SIDES OF A DRIVEWAY AND AT 10' (3.0 m) INTERVALS. 4. CURB FOR TYPE C DRIVEWAY SHALL BE INTEGRAL AND MATCH ADJACENT CONSTRUCTION. 5. REFER TO LOCAL DEVELOPMENT REGULATIONS FOR AMERICANS WITN DISABILITIES ACCESS REQUIREMENTS AND MAXIMUM PERMITTED DRIVEWAY WIDTHS. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION I DRIVEWAY APPROACHES IMS I a110-2 a w ss» CURB RAMP WPJ WEAKENED PLANE JOINT BCR BEGINNING OF CURB RETURN WPJ WPJ EXP JT EXPANSION JOINT ECR END OF CURB RETURN WELL WPJ EXP CURB RAMP a x W NOTES 1. WEAKENED PLANE JOINTS SHALL BE USED FOR ALL JOINTS, EXCEPT THAT EXPANSION JOINTS SHALL BE PLACED AT THE BCR AND ECR IN CURB, GUTTER AND SIDEWALK, AND AROUND UTILITY POLES LOCATED IN SIDEWALK AREAS. 2. WEAKENED PLANE JOINTS SHALL BE CONSTRUCTED AT REGULAR INTERVALS NOT EXCEEDING 10' (3000 mm) IN WALKS AND 20' (6000 mm) IN GUTTERS. JOINTS IN CURB AND WALK SHALL BE ALIGNED. 3. CURB AND GUTTER SHALL BE CONSTRUCTED SEPARATELY FROM SIDEWALK. LINE w a 0 m STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION waraMm n wrt PLAN ""` CURB AND SIDEWALK JOINTS 112_2 5" (150 m TTER 3:12 m E A1-6(150) AND At -8(200) ATTER 3:12 OPE 2.096 N 6" v (150 W rmm—) AT7ER 3:12 � F ` SIOPE 8.3 'b E A3-6(150) AND A3-8(200) NOTES, 1. THE LAST NUMBER N THE DESIGNATION IS THE CURB FACECF HEIGHT, INCHES (mm). IF SHOWN AS 'V ' CURB FACE VARIES. 2. GUTTER WIDTH, W. IS 24" (600 mm) UNLESS OTHERWISE SPECIFIED. 3. TYPES Al, A2, A3 AND Cl SHALL BE CONSTRUCTED OF CONCRETE 4. TYPE DII CURB SHALL BE CONSTRUCTED OF ASPHALT CONCRETE. 5. TYPE Cl CURB SHALL BE ANCHORED WITH STEEL DOWELS AS SHOWN OR WITH AN EPDXY APPROVED BY THE ENGNEER. 6. ALL EXPOSED CORNERS ON CONCRETE CURBS AND CUTTERS SHALL BE ROUNDED WITH A 1/2" (15 mm) RADU S. inm) A2-6(150) AND A2-8(200) 050 mm),, (150 mm) ` J IN I 1 3/4" (20 mm) R BATTER 3:12 BOTH SIDES a`p E 11 D1-6(150) AND 1" 5 2mm) D1-8(200) E � E W O N 6, j4xXY'04'OC r n ( mm) 013M x 250 mm + i co O 1200 mm OC) GROUTED N PLACE BATTER 3:12 3/4" (20 mm) 3" (75 mm) C1-6(150) AND C1-8(200) 4' (1 220 m IN A 4' 1 0 mm MIN ANSITION 4:1 MIN NOTE 8 3 NOTE amu:— 8d al_.., 10x a 3 CU CURB FACE \4'-(1220 mm) -Ji� TYPE 1 1 4' 1220 mm R � I R � I II > �S NOTE 8 GRADE BREAK I 3 NOTE 2 J X CURB FACE/14' 11220 m vlti U AORB SEE FIGURE 1 TYPE 2 CASE A PARTS OF THIS STANDARD PIAN SHOW INSTALLATION FOR TYPICAL RETROFIT CONDITIONS AND ARE NOT FULLY COMPLIANT WITH CALIFORNIA BUILDING OWE REQUIREMENTS FOR NEW DEVELOPMENT. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION r�auomim ar na ""° "` CURB RAMP STANDARD PLAN Im 111-5 IR) SCR i CURB RAMP P uLW E 4' 1220 mm ADE BREAK E NOTE 8 2Y ,NO PP NNTI G s Ply, CUR TYPE 3 CURB FACE \ WHERE PLANTING AREA IS ADJACENT TO THE CURB RAMP, USE CASE A. TYPE 6 2% p Q� GRADE BREAK E 4' 1220 mm �a NOTE 8 BCR as a sl PLANTING NOTE\ { + a AREA CUR CURB FACE �Ph� 9' WHERE PLANTING AREA IS ADJACENT TO THE CURB RAMP, TYPE 4 USE CASE A. TYPE 6 CASE A STANDARD PLANS FOR PUBLI I C WORKS CONSTRUCTION CURB RAMP I 4' 1220 mm R R 1-� 1--� NOTE d33 I I ��SREAK 14% PLANTING AREA NOTE PLANTING AREA CU CURB FACE >A� 1200 mm N AORB SEE FIGURE 1 TYPE 5 R 0 Z OQ` P 4' 1220 mm PCC WALK 4 1 mm MM R _ Z�, yy (i NOTE NOTE 8 ANG AREA �TYPE 6 CUR CURB FACE IF PLANTING AREA IS NOT Pc' ADJACENT TO SIDE FLARE, USE X' PER TABLE 2 FOR THAT FLARE CASE A STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STA04DAIM KAN CURB RAMP 111-5 Z=x C u N R1 ,�N !RB'F 0_71 &RX AXOTE 8 ACE X x 4 1220 mm C TYPE 1 } TYPE 2 � NOTE 2 CU + �l CURB FA ,•pF� CASE B IESTANDARD PLANS FOR PUBLIC WORKS CONSTRUC11ON SWT'wD KM ��_5 CURB RAMP A SKEW ANGLE. a• SKEW ANGLE a=45' 1220 OFFSET b=0 ) NOTE 2 UNLESS OTHERWISE NOTED ON PLANS OC OTE OFFSET, b U 1 �_ CASE C WRB FACE X z E E <n SEE DETAIL 0 ^ A. B, C, ORD OTE B A:__::_ A } !S_ TYPE 1 3 NOTE ell 5x MAX PLANTING a AREA X=a' (1220 mm) IF ADJACENT TO W PLANTING AREA, CURB FACE OTHENISE SEE TABLE 1 Y SEE DETAIL A. B. C OR D E LjAtm Y 3 N NOTE B 5M a a� NOTE 2 WR CURB FACE TYPE 2 CASE D STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION 7 CURB RAMP111-5 E E CURB 3 CURB CURB 4' (1220 r,. Q Z OR AORB LES� 4' (1220 TO PLANING AREA NOTE N (1220 mm) x vxf3 MARKED CROSSWALK OTE 2 a BREAK Q -M Ax TYPE I M « �. "OWE BREAK ' TYPE Nor CASE E STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION vLnN 111-5 CURB RAMP SEE NOTE 6,, PARKWAY RI Y 4' 1220 mm MIN EXIS7ING btL ROUND TOP OF ROADWAYEDGE SAX RAMP MAX A2-0 CURB AND GUTTER SECTION A-A USE FlGURE 1 TO DETERMINE WHICH OF SECTIONS A—A, B—B SEE NOTE 6� PARKWAY OR C—C IS APPROPRIATE R Y 4' 1220 mm pOS11NG ROUNDED TOP OF ROADWAY Sz EDGE RAMP DEPRESS BACK OF WALK SMA.= SEE DETAIL A. B, C OR D. qX SHEET 10. —0 CURB AND GtJ SECTION B-B SEE NOTE 6` E14STING ROADWAY Sk,x 4 1220 mm MIN DEPRESS BACK WALK SEE DETAIL A. B,. C ORD. MAXSHEET �cr 10. -0 121R8UWm SECTION C-C z 4' ' z mm DEPRESS BACK OF WALK �1 ALK SECTION R-R Z OR LESS Z 4' 4' Z mm 12 mm BACK OF WALK PCC SIDEWALK SECTION S-S STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION ��_5 CURB RAMP STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION R�No�nn PIAN 1_5 11SHEETSOFID PARKWAY WIDTH, FT (m) 4' 5' 6' 7' 8' 9' 10' 11' 12' 13' 14' 15' 16' 17' 18' 19' 20' (1.2) MIN(1.5) (1.8) (21) (2.4 27 3.0 3.3 3.6 3.9 4.2 4.5 4.8 5.1 5.4 5.7 &0) ^ 1. ( �� 8.58' (1975) 6' (150) 5.00' (1525) E 2" 7' (175) 5.83' (1775) 9.21' (2765) 8' (200) 3" V)uj 10.53' (3160) 9' (225) 7.50' (2285) 11.84' (3555) m 4- (1 &33' (2540) 13.18' (3950) 11' (275) 9.1Y (2795) 14.4Y (4340) roll 10.00' (3050) 15.79' (4735) z 5' (, U 6' (1 7" (1 NEEMENNINMEMENEEN 8' (2 U 9' (2 Q 10 (2 it' (2 O NERIENNEEMEMENEWS Z 12-( OR MORE FIGURE 1 - SECTION USAGE NORMAL WHERE FIGURE 1 SHOWS USE OF SECTION B—B, FIGURE Z CURB FACE, SECTION Y—Y DIMENSION AS FOLLOWS: INCHES (mm) X FT (mm) Y, FT (mm) W - PARKWAY WIDTH 2" (50) 4.00' (1220) MIN L = LANDING WIDTH, 4' (1220 mm) TYP Z e [(Y+L)—W] z 0.760 IF (Y+L) < % THEN 2 = 0 SEE SHEET 9 FOR STREET SLOPE ADJUSTMENT FACTORS, ALL STREETS TABLE 1 - X AND Y VALUES TABLE 1 REFERENCE FORMULAS: X = CF / 8.3338 Y = CF / (&3338 — 2R WALK CROSS SLOPE) STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION R�No�nn PIAN 1_5 11SHEETSOFID CURB RAMP 263' (790) 3' (75) 4.00' (1220) MIN 3.95' (1165) 4' (100) 4.D0' (1220) MIN 5.26' (1580) 5' (125) 4.17' (1275) 8.58' (1975) 6' (150) 5.00' (1525) 7.90' (2370) 7' (175) 5.83' (1775) 9.21' (2765) 8' (200) 8.87' (2035) 10.53' (3160) 9' (225) 7.50' (2285) 11.84' (3555) 10" (250) &33' (2540) 13.18' (3950) 11' (275) 9.1Y (2795) 14.4Y (4340) 12' (300) 10.00' (3050) 15.79' (4735) STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION R�No�nn PIAN 1_5 11SHEETSOFID CURB RAMP EAK (1220 m ) TYPICAL CURB RAMP c.00wr x�� BACK OF WALK I � _ _) r GUTTER az_ SECTION T—T FLOW UNE SLOPED STREET FOR SLOPED STREETS, MULTIPLY THE DIMENSIONS PARALLEL TO THE STREET, X AND Z, UPSTREAM AND DOWNSTREAM OF THE RAMP, BY THE FACTORS IN THE FOLLOWING TABLE. FOR EXAMPLE, XDOWN - X x KDOWN S K.DOWN K.UP OX 1.000 1.000 0.2% 0.977 1.025 0.5X 0.943 1.064 1X 0.893 1.136 2X 0.806 1.316 3X 0.735 1.563 4X 0.676 1.923 5X 0.625 2.500 TABLE 2 REFERENCE FORMULAS K.DOWN - 8.333% (8.333X + S) KUP = 8.333X / (B.333X - S) STREET SLOPE ADJUSTMENTS STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN 111-5 CURB RAMP 12' 305 mm 3/4' 19 m) 1/4. � I/4• (6 mm) (6 mm) GROOVING DETAIL 62 63 PAVED SURFACE IB D AI A E0 0 O 0 . 000000 0 0 0 0 0 0 0 0 ;�d`v�id�j•i• 1 GENERAL NOTES: 2.35' 80 mm) E 0.90' N E (23 mm do SINGLE PATTERN 'TRUNCATED DOME' CONSTRUCT FENCE OR HANDRAIL PER CONTRACT PLANS �.I RETAINING CURB mm) SURFACE DTEAILB 1. CONCRETE SHALL BE CLASS 520-C-2500 (310-C-17) CONFORMING TO SSPWC 201-1.1.2 AND SHALL B6 4" (100 mm) THICK. 2. THE RAMP SHALL HAVE A 12" (305 mm) WIDE BORDER WITH 1/4' (6 mm) GROOVES APPROXIMATELY 3/4' (19 mm) OC. SEE GROOVING DETAIL. 3. THE RAMP SURFACE SHALL HAVE A TRANSVERSE BROOMED SURFACE TEXTURE CONFORMING TO SSPWC 303-1.9. 4. USE DETAIL 'A' OR "B' IF EXISTING SURFACE BEHIND LANDING IS PAVED. 5. USE DETAIL "C" OR 'D' IF EXISTING SURFACE BEHIND LANDING IS UNPAVED. 6. R - 3' (900 mm) UNLESS OTHERWISE SHOWN ON PLAN. SEE SHEET 7. 7. ANGLE - 0/2 UNLESS OTHERWISE SHOWN ON PLAN. B. CONSTRUCT DETECTABLE WARNING SURFACE PER DETAIL THIS SHEET. MATERIALS SHALL BE PER CONTRACT DOCUMENTS STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION °wD ��_5 CURB RAMP Attachment C Construction Contract with CT&T Concrete Paving, Inc. : N, 619 W10 III Is]► tole] ► 1119 1 FY 24-25 CONCRETE REPLACEMENT PROJECT — PROJECT NO. 24009 (CT&T CONCRETE PAVING INC.) x_1:4 91 *'1_1. 193 97-1119:4 This Contract is made and entered into this day of (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 CT&T Concrete Paving Inc. with its principal place of business at 324 S. Diamond Bar Blvd., PMB 275, Diamond Bar, CA 91765 (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the FY 24-25 Concrete 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. 3. TERMS 3.1 Scope of Services and Term 3. 1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. CT&T Concrete Paving Inc. Page 2 of 11 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to December 10, 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 Director of Public Works, Sam Gutierrez, or his designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Jose Carvajal, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Contract. CT&T Concrete Paving Inc. Page 3 of 11 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in CT&T Concrete Paving Inc. Page 4 of 11 accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without CT&T Concrete Paving Inc. Page 5 of 11 limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VI I I and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Three Hundred Firty-Four Thousand Nine Hundred Eighty -Eight Dollars and Twenty -Five Cents ($354,988.25) 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 records and any other documents created pursuant to this Contract. Contractor shall allow CT&T Concrete Paving Inc. Page 6 of 11 inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: CCT&T Concrete Paving Inc. 324 S. Diamond Bar Blvd., PMB 275 Diamond Bar, CA 91765 Attn: Jose Carvajal Tel: 909-629-8000 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Sam Gutierrez Tel: 626-569-2158 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. CT&T Concrete Paving 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 CT&T Concrete Paving 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 CT&T Concrete Paving 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 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] CT&T Concrete Paving Inc. Page 10 of 11 CITY OF ROSEMEAD Gloria Molleda, City Manager Date Attest: Ericka Hernandez, City Clerk Date Approved as to Form: CT&T CONCRETE PAVING, INC. By: Signature Date Name: Print [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Rachel Richman, City Attorney Date Name: Title: EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL 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: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- orbetter and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies 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. 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. 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. 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. 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 agreesthat 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 shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any parry involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Attachment D Other Bids Received CITY OF ROSEMEAD CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 FISCAL YEAR 2024-2025 IN THE CITY OF ROSEMEAD PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION 8838 E. VALLEY BOULEVARD ROSEMEAD, CA 91770 TELEPHONE: (626) 569-2150 FAX: (626) 307-9218 BIDS DUE: DECEMBER 4T", 2024 AT 10:30 A.M. CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 TABLE OF CONTENTS BIDDING DOCUMENTS 1. Notice Inviting Bids............................................................NIB-1 - NIB- 2 2. Instructions to Bidders ...........................................................ITB -I — ITB -10 3. Contract Bid Forms...........................................................CBF-1 — CBF -17 CONTRACT AGREEMENT l . Contract Agreement and Insurance Requirements 2. Performance Bond 3. Payment Bond CONTRACT APPENDIX Part "A" General Provisions .............................................. OP- 1 - GP -34 Part "B" Supplemental General Conditions............................GC-1 GC -10 Part "C" Technical Provisions............................................TP-1 —TP -12 Part "D" Appendix Appendix A — Project Plans Appendix B - Standard Plans CITY OF ROSEMEAD NOTICE INVITING BIDS NIB No. 2024-31 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive electronic bids through PlanetBids at: https://Vbsystem.planetbids.com/portal/54150/portal-home OR sealed bids at the City Clerk's office, City Hall, 8838 Valley Blvd, Rosemead, CA 91770 up to 10_30 FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 The project consists of removal and replacement of concrete sidewalk, curb and gutter, curb ramps, alley cross gutters, and driveway approaches Citywide as indicated on the construction plans, including tree removals, tree replanting, mist. asphalt concrete roadway repairs, Portland cement concrete roadway repairs, and other incidental and other related work as described in the Plans, Specifications, and Contract Documents, by this reference, made a part hereof. The engineer's estimate for this project is in the range of $400,000. The successful bidder shall have THIRTY (30) working days to complete the work. Liquidated damages shall be $500.00 per calendar day. Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained from the City's PlanetBid portal. Contractors can register as a vendor and download the documents by visiting the PlanetBid Portal (httos://obsystem.planetbids.com/portal/54150/portal-home). Hard copy of the bid package will not be mailed. SB 854 Requirements: This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a print out from the DIR registration website showing that the prime contractor and each subcontractor is currently registered and qualified. No bid proposals will be accepted nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)] Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. NIB -1 No bidder may withdraw his bid for a period of sixty-one (6 1) days after the above bid opening date. The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Bidders shall be licensed in accordance with the provision of Chapter 9, Division I I I of the Business and Professions Code of the State of California. Bidder shall have a Class "A" license in good standing at the time Bids are received. The Council reserves the right to reject any and all bids and to waive arinformality. technical defect. or minor irregularity in any bid submitted. An award of service shall not be final until the bids have been reviewed and a Contract Agreement with the City has been signed by the lowest responsible bidder and by the City. Award of Contract Agreement is proposed for January 14a,; 01 - All questions regarding this bid shall be uploaded City's portal on PlanetBids, no later than 10 calendar days prior to bid due date and time. Dated this Navenil l2k�2024 Ericka Hernandez City Clerk Publish: Novethter 14ler21rt, 2024. NIB- 2 CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 INSTRUCTION 1'O BIDDERS INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. 1. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the City's PlanetBid portal. Contractors can register as a vendor and download the documents by visiting the PlanetBid Portal (https://vbsystem.planetbids.com/portal/54150/1)ortal-home). Hard copy of the bid package will not be mailed. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via email or facsimile to the Owner's Project Engineer. Any response that the Owner may choose to make for purposes of interpretation or clarification, will be in writing and made available to all the listed holders of the Bid Documents. The Owner will respond to all written/faxed/email Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of the Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Technical Provisions Part "D" - Appendix ITB - 1 f. Any Addenda Issued by the Owner 4. INSPECTION OF SITE Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should regularly login to their PlanetBids account to verify that they have received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. 7. ALTERNATE BIDS The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. If ADDITIVE OR DEDUCTIVE ALTERNATE BID ITEMS are shown on the ADDITIVE OR DEDUCTIVE ALTERNATE BID SCHEDULE, these bid items will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE OR DEDUCTIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. S. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in ITB - 2 accordance with the instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. 9. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venture or partner appointing and designating one of the joint ventures or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venture or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particularjoint venture or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venture or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venture or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the (Tuner, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by Califomia law. If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form furnished by the Owner, or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all ITB - 3 CARTER ENTERPRISES GROUP, INC. DBA PAVEMENT REHAB COMPANY Bidders their Bid guarantees 11. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents herein have been completed and signed as set forth above, they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials required by these instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the following in the lower left-hand comer thereof: Bid of (Insert Name of the Company) for FY 24-25 CONCRETE REPLACEMENT PROJECT, PROJECT No. 24009 Alternatively, bids can be submitted electronically through PlanetBids at: haps://obsystem.planetbids.com/portal/54150/portal-home No consideration shall be given by the Owner to bid proposals received after the date and time set for the opening of bids as provided in the Notice Inviting Bids. 12. DELIVERY AND OPENING OF BIDS Bids will be received by the Owner at the address shown in the Notice Inviting Bids or electronically through Planetbids up to the date and time shown therein. The Owner will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated. Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be listed on PlanetBids. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. 13. WITHDRAWAL OF BID Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the Owner; the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner because of the damage resulting from the delay in the execution of the Contract and in the performance of Work thereunder. 14. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City Council will make all necessary decisions and awards. The apparent successful bidder should at this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the ITB - 4 required documents and certifications. Regardless whether the successful bidder supplies the required documents and certifications in a timely manner, the Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and executed documents and certifications from the successful bidder, the Owner shal I issue a Notice to Proceed to that successful bidder. 15. DESIGNATION OF SUBCONTRACTORS Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the prime Bidder in an amount that exceeds one-half of one percent (0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, as well as any others requested by the Owner, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidderstwenty- four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING AND REGISTRATION REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Pursuant to Section 1725.5 of the Labor Code, all bidders must be registered with the Department of Industrial Relations to be qualified to bid on this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted and be registered with the Department of Industrial Relations. Pursuant to Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subm ixisal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VIII, licensed to do business in California, and satisfactory to the Owner. 19. REQUIRED BIDDER CERTIFICATIONS Bidders must comply with the following: A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to various information, including but not limited to, the accuracy of the representations made in the Contract ITB - 5 Bid Forms. B. NON -COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each Bidder must execute and submit with its bid the statutorily mandated non -collusion affidavit included in the Bid Documents. 20. BASIS OF AWARD; BALANCED BIDS The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid which, in its opinion when compared to other bids received or to the Owner's internal estimates, does not accurately reflect the cost to perform the Work In addition, because the Owner may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject as non-responsive any bid which unevenly weights or allocates overhead and profit to one or more particular bid items. 21. FILING OF BID PROTESTS Bidders may file a "protest" of a contract award with the Owners Project Manager. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) Working Days after the bid opening date. B. Clearly identify the specific accusation involved. C. Clearly identify the specific Owner Staff/Board recommendation being protested. D. Specify, in detail, the grounds of the protest and the facts supporting the protest. E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one of these requirements, it will be rejected as invalid If the protest is valid, the Owners Project Manager, or other designated Owner staff member, shall review the basis of the protest and all relevant information. The Project Manager will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the Project Manager to the City Engineer then the appeal at the City Council. That way, the Council can deny the protest and approve the project at the same hearing. 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (1009/6) of the Total Bid Price. Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids ITB -6 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid Forms. 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Bid Documents. 25. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds, in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications to perform the work described in these Bid Documents. The Owner reserves the right to: A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications, without exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, ITB -7 completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner/joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% of the Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non -Collusion Affidavit; and D. Completed and properly executed Bidder Information Forms. If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary. 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS A. Contract Bid Forms. The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda - Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. B. List of Proposed Subcontractors (Forms). State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one-half of one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent (0.5%) of the Total Bid Price. ITB -8 (2) Location. For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the typetportion of work to be performed in the Contract. (4) Contractor License Number. For listed Subcontractors, list the contractor license number issued to the Subcontractor by the California Contractors State License Board. (5) Registration with Department of Industrial Relations. For listed Subcontractors, include evidence of registration with the Department of Industrial Relations as required by Section 1725.5 of the Labor Code. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of the Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. ITB - 9 CARTER ENTERPRISES GROUP, INC. BIDDER: DBA PAVEMENT REHAB COMPANY CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 SECTION 1- BID SCHEDULE CONTRAG�' BID FORMS CBF -1 CARTER ENTERPRISES GROUP, INC. BIDDER: DBA PAVEMENT REHAB COMPANY BASE BID SCHEDULE SCHEDULE OF PRICES FOR FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST 1 Traffic control and mobilization. 1 LS $ID rqS $ &74 PS Remove existing tree uplifting PCC assets. Work shall include tree stump removal to 2 a depth of 12" below soil grade and shall 9 EA $�� include soil backfill to cover up remaining tree stump void. Tree locations as listed per Sheet 1 of project plans. Arborist Report: contractor shall hire and coordinate with an arborist that shall review up to 15 trees (selected in the field by City Engineer or authorized designee) 3 to provide recommendations for trimming 1 LS $1�9 (sTi $ u6 r �-QD of tree canopy, large tree root removal and root pruning for trees that will not be removed but require tree root pruning/root removal/canopy trimming. Install new 24 -inch box tree (lagerstroemia indica 'Muskogee' or Cercis canadensis'forest pansy). New trees to be installed at a distance of 2 feet away from 4 previously planted tree. Work shall 9 EA $ Zj i�SD $ include restoration of parkway to match surroundings. Tree locations as listed per Sheet 1 of project plans. Tree planting per SPPWC Std. Plan 520-4. Misc. Asphalt Concrete Patch. Work includes remove existing AC pavement section to 7" depth. Construct 3" AC Type 5 C2 -PG 64-10 over 4" Type B -PG 64-10 over $�� $ b t joZ� 8" scarified and compacted subgrade. 225 SF Work locations per Sheet 2 of project plans. 8225 Garvey Ave: Remove existing broken 6 PCC roadway panel surrounding manhole $Lfo $ (0 Coo and construct new PCC roadway panel 250 SF I (12" thick) as listed per Sheet 3 of project CBF -2 CARTER ENTERPRISES GROUP, INC. BIDDER: DBA PAVEMENT REHAB COMPANY NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST plans. PCC shall be 4,000 PSI. Work shall include setting manhole to finished roadway grade. Concrete roadway headers: Remove existing and construct 1.5' wide, 12" thick 7 concrete headers at either side of colored 100 LF $ S _ $ 5 crosswalk. Locations at listed per Sheet 3 of project plans. PCC shall be 4,000 PSI. Remove existing and construct new PCC ADA curb ramps as listed per Sheet 4 of project plans and per SPPWC, Std. Plan 8 No: 111-5. Case and type is to be 15 EA r _ q $ $ ) Oda determined by City representative. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC shall be 3,250 PSI. Remove existing driveway approach and construct driveway approach to match surrounding sidewalk grade. Driveway 9 locations as listed per Sheet 5 of project $ $ 1S i S$b plans and to be constructed per SPPWC 820 SF Std. 110-2. Curb and gutter paid under a separate bid item. PCC shall be 3,250 PSI. Remove existing and construct new PCC curb and gutter, as listed per Sheet 6 of project plans and to be constructed per 10 SPPWC, Std. Plan No: 120-3, A2-8, $ $S $ a� 2SD complete and in place. Work shall include 450 LF AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC Shall be 3,250 PSI. Remove existing and construct new PCC Sidewalk, 4" thick, as listed per Sheet 7 of 11 project plans and to be constructed per 4,700 5F $� $ I�w SPPWC, Std. Plan No. 112-2 & 113-2, complete and in place. PCC shall be 3,250 PSI. Remove existing and construct new PCC 12 Alley gutter/ Alley cross gutter, as listed $ Z� $ b �� per Sheet 8 of project plans and to be 600 SF CBF -3 CARTER ENTERPRISES GROUP, INC. BIDDER: DBA PAVEMENT REHAB COMPANY NO. ITEMDESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST right as Items A—, B, C, D and E are considered constructed per SPPWC, Std. Plan No: 122- as inclusive in each Bid Item listed above in practices , Public Convenience and the Base Bid Schedule and Additive Alternate Safe ty Bid Schedule as applicable, and no additional 3 & 123-3. PCC shall be 4,000 PSI. and/or separate compensation will be allowed. D. Construction Staking b Land Surveyor E. Clearing and Grubbing TOTAL BASE BID AMOUNT IN NUMBERS n $ "L IO 1000 TOTAL BASE BID AMOUNT IN WORDS: :::O�r2p- \(wom-d Y 't LPI I Six �Lw Saved MWS -e" The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts and words shall govern over figures. Full compensation for the items listed to the p' T _�,_ „__,__, right as Items A—, B, C, D and E are considered C. NPD S, WWECP, and Best Management as inclusive in each Bid Item listed above in practices , Public Convenience and the Base Bid Schedule and Additive Alternate Safe ty Bid Schedule as applicable, and no additional and/or separate compensation will be allowed. D. Construction Staking b Land Surveyor E. Clearing and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy CBF -4 CARTER ENTERPRISES GROUP, INC. BIDDER: DBA PAVEMENT REHAB COMPANY between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govem. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of BIDDER'S BOND 10% Dollars ($ N/A ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -5 CARTER ENTERPRISES GROUP, INC. BIDDER: DBA PAVEMENT REHAB COMPANY EXAMNATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: COREY R. KIRSCHNER 11/26/2024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. N/A Addendum No. Dated N/A Addendum No. Dated Addendum No. Dated CBF -6 CARTER ENTERPRISES GROUP, INC. BIDDER: DBA PAVEMENT REHAB COMPANY 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 V 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. COREY R. KIRSCHNER - CEO 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—V If the answer is yes, explain the circumstances in the following space. N/A CBF -7 CARTER ENTERPRISES GROUP, INC. BIDDER: DBA PAVEMENT REHAB COMPANY PuBuc CONTRACT CODE 10232 STATBoa In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -8 By: Signature COREY R. KIRSCHNER Type or Print Name CEO Title CARTER ENTERPRISES GROUP, INC. BIDDER: DBA PAVEMENT REHAB COMPANY 2890 E. LA CRESTA AVE. Business Street Address ANAHEIM, CA 92806 City, State and Zip Code 714-238-1444 Telephone Number Bidder's/Contractor's State of Incorporation: CALIFORNIA Partners or Joint Venturers: N/A Bidder's License Number(s): 1051374 Department Industrial Relations Registered No. 1000064823 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 orjoint 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verges 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 December i 2024 before me, Leslie Rocha, Notary Public Date Here Insert Name and Title of the Officer personally appeared t71 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(ias), and that by hisftmr/their signature(s) on the instrument the person(m), or the entity upon behalf of which the person(s) acted, executed the instrument. LESLIE ROCHA :r Notary Public- California : Orange � Commission # Y 248 24!4949 [ 1yJ�j �my Como. Expires Mar 15. N','? p N"ViY r� Place Notary Seal 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 yr Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®2014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item ri5907 CARTER ENTERPRISES GROUP, INC. BIDDER: DBA PAVEMENT REHAB COMPANY SECTION BID DATA FORMS CBF -10 Carter Enterprises Group, Inc. BIDDER: dba Pavement Rehab Company 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 Carter Enterprises Group. Inc. dba Pavement Rehab Company as Principal, and Swiss Re Corporate Solutions America Insurance Corporation , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of ($10% of the Total Amount Bid— ), 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 FY 24-25 CONCRETE REPLACEMENT PROJECT as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated December 4th. 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 forth 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 2nd day of December 20 24 ; sdOaAP�Rq. Carter Enterprises Group, Inc. Swiss Re Corporate Solutions dba Pavement Rehab Company (SEAL) America Insurance Corporation (SE,;<S E A L Principal Surety 1973 '44', 'grMs * •�o Signature Cs.^e. r Q. Kk(S6 fW_ CEO Sig*gre z4nya Hernandez, Attorney -in -Fact CBF - 11 �ZALHPORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 December 2. 2024 before me, Leslie Rocha, Notary Public Date Here Insert Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/alae 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(t) on the instrument the person(sr), or the entity upon behalf of which the person(s) acted, executed the instrument. LESLIE ROCHA Votary Public • California Orange County Commission i< 2484949 oh y Comm. Expires Mar 19. 2028 Place Notary Seal 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 offici eal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 1 County of Orange j On DEC 0 2 2014 before me, Christina Rogers Notary Public, personally appeared Zyanya Hernandez 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 signatures) 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 State of California that the foregoing paragraph is true and correct. 0M,, CHRISTINA ROGERS Notary Public • California Orange County Commission 0 2463205 y Comm. Expires Sep 14. 2027 ` WITNESS my hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of ttached document Title or type of document: Document Signers) Other than Named of SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ('SRCSAIC"') SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORA7lON ("SRCSPIC") WESTPORT INSURANCE. CORPORA'f10N ("WIC-) GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal once in the City of Kansas City, Missouri, and SRCSPIC. a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri. and having its principal office in the City of Kansas City, Missouri, each docs hereby make, constitute and appoint: ERIK JOHANSSON. JENNIFER ANAYA, MELISSA LOPEZ, CHRISTINA ROGERS, ALBERT MELENDEZ MARTHA BARRERAS, JOAQUIN PEREZ, JONATHAN BATIN, VANESSA RAMIREZ. and ZYANYA HERNANDEZ JOINTLY OR SEVERALLY Its We and lawful Auomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and decd. bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed tinder this authority shall exceed the amount of: TWO HUNDRED MILLION (5200,000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on tire I81h of November 2031 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director. any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surely, and that each or any of them hereby is authorized W attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating (hereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be bindine uoon the Corporation when w affixed and in the future with reeard to anv bond, undertaking or contract of surety to which it is attached." PI!ERiQ1 �,, r,.rJti.ON...... Eq.,y eyd-: SPPaR�r,ryu� 's 'atyppq,l •pS,,' SEAL' SEAL' Br14Jana n Senior Vice fSRCsPMP&sosenarlorSRCSAICvkePre dcn or w wkePrddem ` r�r� VGr\L aya i. 1973 'sur- o 'oc n s �i� ✓fi "a••..Mrssooa�•y$•' Y"a •'•.Mig P ,•os°: vA J�.r'^ �awdl� .: 'dpi By ,�"'�s,n*,n�w `+ ,"„yYM6 * l\�p�p Iknd larrowhL wkePmldnl orxRC1,UC'&\'iePmidmt ofSRCSPIC � & \'ke Pm1dnl of \UC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this10 day of_ NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation Slate of IllinoisSwiss Re Corporate Solutions Premier Insurance Corporation County of Cook n Westport Insurance Corporation On this t0 day of NOVEMBER 20 22 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice Presidem of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known tome, who being by me duly ssvom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFf10UAL= tl 6nHAMANIII 0 ■ORlat'IIIA� �MN7R ^, Cla�`hL'rar.�..a. QM.n4p I. Jeffrey Goldberg the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and efRet. IN WITNESS WHEREOF. I have set my hand and affixed the seals of the Companies this 2nd day of December , 2024 Jeffrey Guldberg. Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC 2.B CARTER ENTERPRISES GROUP, INC. BIDDERUBA PAVEMENT REHAB COMPANY In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of I 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 - 12 CARTER ENTERPRISES GROUP, INC. BIDDER:DBA PAVEMENT REHAB COMPANY 2.11 LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors." Name and Location Description of Work of Subcontractor to be Subcontracted AT... — Trico I r1AA Gt ,.r.M t1iJVA 1 V\/ t>%-)nct License No.:t Department o Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: N/ ,Q— `Ce 1 - b yvit a Address: ✓Cl License No.: rp Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration Name and Location of Subcontractor Description of Work to be Subcontracted Address: License No.: Department of Industrial Relation Registration No. CBF -13 CARTER ENTERPRISES GROUP, INC. BIDDERDBA PAVEMENT REHAB COMPANY 2.0 The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. PLEASE SEE ATTACHED REFERENCES. Name and Address of Owner and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. PLEASE SEE ATTACHED REFERENCES. Name and Address of Owner 3. Name and telephone number of person familiar with project Contract amount Type of Work Date Completed PLEASE SEE ATTACHED REFERENCES. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF - 14 4. CARTER ENTERPRISES GROUP, INC. BIDDER: DBA PAVEMENT REHAB COMPANY PLEASE SEE ATTACHED REFERENCES. Name and Address of owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF - 15 CARTER ENTERPRISES GROUP, INC. BIDDER: DBA PAVEMENT REHAB COMPANY SECTION 3 NON-COLL USION AFFIDA VIT CBF - 16 CARTER ENTERPRISES GROUP, INC. BIDDER:DBA PAVEMENT REHAB COMPANY 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 COREY R. KIRSCHNER Typed or Printed Name CEO Title CARTER ENTERPRISES GROUP, INC. DBA PAVEMENT REHAB COMPANY Bidder Subscribed and sworn before me This 3RD day of DECEMBER 2024 ***SEE ATTACHED NOTARY JURAT*** Notary Public in and for the State of California My Commission Expires: CBF - 17 (Seal) CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § :r ® See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) x x x Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 Subscribed and swom to (or affirmed) before me County of Orange on this 3 day of December . 20 24 by Date Month Year (1) c „ {Z. %vadnyof' (and i.ESUE 0.0CHA Name ) of Signer( _ - Notary Public - California t" Eo Orange issioon x 2484949 proved to me on the basis of satisfactory evidence My Comm. Expires Mar 19. 202B to be the person(a) who appeared before me. Signatun�� Signature of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: _ Signer(s) Other Than Named Above: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 REFERLiNCES 1. CLIENT- CITY OF SAN BERNARDINO- 290 NORTH D STREET, SAN BERNARDINO, CA 92401 PROJECT- PAVEMENT REHABILITATION AT FOURTEEN LOCATIONS #13468 DESCRIPTION OF WORK- CONSTRUCTION OF PCC CURB & GUTTER, SIDEWALK, CROSS -GUTTER, DRIVEWAY, CURB DRAIN, ACCESS RAMPS WITH CAST IN PLACE TRUNCATED DOMES. PERIOD OF PERFORMANCE- MAY -OCT, 2022 COST OF BIDDER'S WORK- $2,922,917 CONTACT: DONNA FUENTES, CITY OF SAN BERNARDINO, PUBLIC WORKS INSPECTOR (909) 384-5140 CONTACT: MATCH CORPORATION- PRIME CONTRACTOR ON THE PROJECT. GEORGE FONVILLE (909)228-1656 2. CLIENT- COUNTY OF RIVERSIDE- 4060 COUNTY CIRCLE DR. RIVERSIDE, CA 92503 PROJECT- SLURRY SEAL AND CURB RAMP ACCESSIBILITY PROJECT DISTRICT 1 & 2 DESCRIPTION OF WORK- CONSTRUCTION OF PCC CURB RAMPS, CURB & GUTTER, SPANDREL. '1�:1L�IIirYlxllii;7T5R�[�L #] COST OF BIDDER'S WORK- $782,938 CONTACT: MEHRAN SANATI (951) 255-2762, PROJECT ENGINEER - CITY OF SAN BERNARDINO PAVEMENT REHAB COMPANY 2890 E. LA CRESTA AVE, ANAHEIM, CA 92806- OFFICE: (714) 238-1444 - FAX: (714) 333-4844 3. CLIENT- CITY OF DESERT HOT SPRINGS -11999 PALM DRIVE, DESERT HOT SPRINGS, CA 92240 PROJECT- ATP CYCLE 5 -PALM DRIVE NORTH- PHASE 1 DESCRIPTION OF WORK- CONSTRUCTION OF PCC CROSS -GUTTER & SPANDREL, CURB & GUTTER, ADA RAMPS AND SIDEWALK. PERIOD OF PERFORMANCE- JAN 2023 COST OF BIDDER'S WORK- $908,262 CONTACT: JILLEEN FERRIS (760) 329-6411 EXT. 220, PUBLIC WORKS DIRECTOR, INSPECTOR 4. CLIENT- COUNTY OF LOS ANGELES - 500 W. TEMPLE ST., LOS ANGELES, CA 90012 PROJECT- CASTAIC ROAD AT RIDGE ROUTE ROAD #TDSOD01703 DESCRIPTION OF WORK- CONSTRUCTION OF PCC CURB & GUTTER, SIDEWALK, CROSS -GUTTER, DRIVEWAY, CURB DRAIN, ACCESS RAMPS WITH CAST IN PLACE TRUNCATED DOMES. PERIOD OF PERFORMANCE- APRIL 2023 COST OF BIDDER'S WORK- $420,000 CONTACT: CINDY SCHEEBKE (626) 228-9033, LEAD INSPECTOR S. CLIENT- CITY OF SAN FERNANDO-117 MACNEIL STREET, SAN FERNANDO, CA 92340 PROJECT- FY 2022-23 PHASE 2, ANNUAL STREET RESURFACING PROJECT#7619 -DESCRIPTION-OF-WORK-CONSTRUCi10N'OPPC'GEURB-&-C,UrMR. - PERIOD OF PERFORMANCE- MARCH 2023 COST OF BIDDER'S WORK- $95,800 CONTACT: ALI ZALGHOUT (480) 242-4457, CITY CONSULTANT 6. CLIENT- TEMPLE CITY - 9701 LAS TUNAS DRIVE, TEMPLE CITY, CA 91780 PAVEMENT REHAB COMPANY 2890 E. LA CRESTA AVE, ANAHEIM. CA 92806- OFFICE (714) 238-1444 - FAX: (714) 3334844 PROJECT- FY 2021-22 PAVEMENT REHABILITATION PROJECT 8P-19-07 DESCRIPTION OF WORK- CONSTRUCTION OF PCC CURB & GUTTER AND SIDEWALK. PERIOD OF PERFORMANCE- NOVEMBER 2022 COST OF BIDDER'S WORK- $69,000 CONTACT: FURKAN CETINKALE (951) 534-8983, CITY CONSULTANT 7. CUENT- TOWN OF YUCCA VALLEY- 57090 TWENTYNINE PALMS HWY, YUCCA VALLEY, CA 92284 PROJECT- TOWNWIDE CRACK SEAL PROJECT #7037-2020 DESCRIPTION OF WORK- CRACK SEAL, LARGE CRACK REPAIR AND BUMP GRINDING PERIOD OF PERFORMANCE- JUNE 2020 COST OF BIDDER'S WORK- $550,000 CONTACT: ARMANDO BALDIZZONE- PUBLIC WORKS DIRECTOR (760) 369-6579 X307 PAVEMENT REHAB COMPANY .2890 E. LA CRESTA AVE, ANAHEIM, CA 92808. OFFICE: (714) 238-1444 - FAX: (714) 333-4844 CARTER ENTERPRISES GROUP, INC. DBA PAVEMENT REHAB COMPANY LICENSE# 1051374 DIR# 1000064823 UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF CARTER ENTERPRISES GROUP, INC. DBA PAVEMENT REHAB COMPANY (a California corporation) August 20'", 2024 The undersigned director, constituting the entire board of directors (the "Board") of Carter Enterprises Group, Inc. DBA Pavement Rehab Company, a California corporation (the "Corporation"), hereby takes the following actions, adopts the following resolutions, and transacts the following business, by written consent without a meeting, as of the date above written, pursuant to Section 307(b) of the General Corporation Law of the State of California and the Corporations Bylaws: Approval of Loan Transactions WHEREAS, Corey Kirschner is currently the Corporation's Chief Executive Officer and Jay Kirschner is the Vice President, Secretary and Treasurer (the "Officers"), both with authority to enter into contracts on behalf of the Corporation. WHEREAS. the Corporation opportunities from time to time to bid on various governmental and non-governmental projects; WHEREAS. after careful consideration, the Board has determined that the terms and conditions of the proposed project in the form of the bid attached hereto as Exhibit A (the "Project") are just and equitable and fair as to the Corporation and that it is in the best interests of the Corporation and its stockholder to submit the bid and complete the Project subject to the terms agreed upon by the parties. NOW, THEREFORE, BE IT RESOLVED, the Board on behalf of the Corporation hereby approves and ratifies the Project in all respects, and hereby authorize and direct the Corporation to negotiate, execute, deliver and perform the terms of all documents, required in connection with title Project, together with such changes thereto as may be approved by the Officer executing the same on behalf of the Corporation (pursuant to the authorization provided herein), such approval of the Officer to be conclusively evidenced by its execution and delivery of same. RESOLVED FURTHER. that the Officer may execute and deliver any and all agreements and any and all other documents and instruments, and take such further actions as may be necessary or appropriate, for the financing of the Corporation. 2890 E. La Cresta Ave., Anaheim, CA 92806 0 714-238-1444 RESOLVED FURTHER, that the Officer(s) are hereby authorized, directed, and empowered to execute and deliver any and all agreements and any and all other documents and instruments, and take such further actions as may be necessary or appropriate, for the consummation of the Project. RESOLVED FURTHER, that the Officer, in the name of the Corporation, is hereby authorized, directed, and empowered to negotiate, execute and deliver to the applicable counterparty, any and all documents with respect to the Project and other instruments as may be reasonably requested, and the Officer on behalf of the Corporation is authorized from time to time to execute extensions or other Installments as may be necessary. RESOLVED FURTHER, that the authority given hereunder shall be deemed retroactive and any and all acts authorized hereunder performed prior to the passage of this resolution are hereby ratified and affirmed. The Secretary of the Corporation is directed to file the original executed copy of this Consent with the minutes of proceedings of the Corporation. [Signature page follows] 2890 E. La Cresta Ave., Anaheim, CA 92806 0 714-238-1444 CARTER ENTERPRISES GROUP, INC. DBA PAVEMENT REHAB COMPANY LICENSE# 1051374 DIR# 1000064823 IN WITNESS WHEREOF, the undersigned has executed this Unanimous Written Consent of the Board of Directors as of the date first above written. i X Corey 'urschner Chief Executive Officer Anthony Steen President Richard DeVos Chief Financial Officer X Jay IOrschn Vice Pre dept; Secretary, Treasurer 2890 E. W Cresta Ave., Anaheim, CA 92806 0 714-238.1444 'Contractor Information Lagd Entity Name CARM ENTERPRISES GROUP, INC. Legal Entity Type Corporation Stmo '... Active Raglatmtlen Number 1000060873 Ragktradon enactive date 07/0123 RegUt ation expiration date Melling Address 7990 E IA CRESTA AVE ANAHEIM 92806 CA United Sra_ 2890 E IA CRESTA AVE ANAHEIM 92806 CA United Ste_ fm dAdd. I tylerwQorr/cpaving.com Trade Name/DBA PAVEMENT REHAB CO. License Nm lasr(a) CSL&1051374 Legal Entity Information Corporation Entity Number. Federal Employment Identification Number: President Name: Vim President Name. Treasurer Name: Secretary Name: CEO Name: Agcy for Service: Agent of Servke Name. Registration History Effective Date J Expiration Date _ 03/19/19 06/30/19 07/01/19 .. —_.06/3023 06/3021 07/0121 07/0123 06/3026' 201808610159 301075109 Robert Steen Robert Steen Robert Steen Robert Steen Corey IGmhner ' Agan of Service Mailing Addrom 2890 E la Cresta Ave Anaheim 92806 CA United States of America Worker's Compensation Do you leas employees through Professional Employer Organization (PEO)7 No Plass provide your amen worker's compensation insurance information below: PEO PEO PEO PEO lnfonnationName Phone Email Insured by Cartier Policy Holler Name: Carter E Insurance Canter: ZURICH Policy Number: WC1063 Inception date: 10/01/1. BrIgrotlon Date: 10/012 Group Inc dba: Pavement Rehe NINSURANCECO. BIDDER: CITY OF ROSEMEAD Aguilar & Calderon Corp. FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: Aguilar & Calderon Corp. BASE BID SCHEDULE SCHEDULE OF PRICES FOR FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST 1 Traffic control and mobilization. 1 LS $ 25,000 25,000.00 Remove existing tree uplifting PCC assets. Work shall include tree stump removal to 2 a depth of 12" below soil grade and shall 9 EA $ 2000 $ 18,000.00 include soil backfill to cover up remaining tree stump void. Tree locations as listed per Sheet 1 of project plans. Arborist Report: contractor shall hire and coordinate with an arborist that shall review up to 15 trees (selected in the field by City Engineer or authorized designee) 3 to provide recommendations for trimming 1 LS $ 15000 $ 15,000.00 of tree canopy, large tree root removal and root pruning for trees that will not be removed but require tree root pruning/root removal/canopy trimming. Install new 24 -inch box tree (lagerstroemia indica 'Muskogee' or Cercis canadensis'forest pansy). New trees to be installed at a distance of 2 feet away from 4 previously planted tree. Work shall 9 EA $ 3200 $ 28,800.00 include restoration of parkway to match surroundings. Tree locations as listed per Sheet 1 of project plans. Tree planting per SPPWC Std. Plan 520-4. Misc. Asphalt Concrete Patch. Work includes remove existing AC pavement section to 7" depth. Construct 3" AC Type 5 C2 -PG 64-10 over 4" Type B -PG 64-10 over $ 75 $ 16,875.00 8" scarified and compacted subgrade. 225 SF Work locations per Sheet 2 of project plans. 8225 Garvey Ave: Remove existing broken 6 PCC roadway panel surrounding manhole $ 80 $ 20,000.00 and construct new PCC roadway panel 250 SF (12" thick) as listed per Sheet 3 of project CBF -2 BIDDER: Aguilar & Calderon Corp. NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST plans. PCC shall be 4,000 PSI. Work shall include setting manhole to finished roadway grade. Concrete roadway headers: Remove existing and construct 1.5' wide, 12" thick 7 concrete headers at either side of colored 100 LF $ 230 $ 23,000.00 crosswalk. Locations at listed per Sheet 3 of project plans. PCC shall be 4,000 PSI. Remove existing and construct new PCC ADA curb ramps as listed per Sheet 4 of project plans and per SPPWC, Std. Plan 8 No: 111-5. Case and type is to be $ 9500 $ 142,500.00 determined by City representative. Work 15 EA shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC shall be 3,250 PSI. Remove existing driveway approach and construct driveway approach to match surrounding sidewalk grade. Driveway 9 locations as listed per Sheet 5 of project $ 21 $ 17,220.00 plans and to be constructed per SPPWC 820 SF Std. 110-2. Curb and gutter paid under a separate bid item. PCC shall be 3,250 PSI. Remove existing and construct new PCC curb and gutter, as listed per Sheet 6 of project plans and to be constructed per 10 SPPWC, Std. Plan No: 120-3, A2-8, $ 125 $ 56,250.00 complete and in place. Work shall include q50 LF AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC Shall be 3,250 PSI. Remove existing and construct new PCC Sidewalk, 4" thick, as listed per Sheet 7 of 11 project plans and to be constructed per 4,700 SF $ 23 $ 108,100.00 SPPWC, Std. Plan No. 112-2 & 113-2, complete and in place. PCC shall be 3,250 PSI. Remove existing and construct new PCC 12 Alley gutter/ Alley cross gutter, as listed$ 40 $ 24,000 per Sheet 8 of project plans and to be 600 SF CBF -3 BIDDER: Aguilar & Calderon Corp. NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM right as Items A�-R, C, D and E are considered QTY. inclusive in each Bid Item listed above in PRICE COST Safe ty constructed per SPPWC, Std. Plan No: 122- and/or separate compensation will be allowed. D. Construction Stakin b Land Surveyor E. Clearing and Grubbing 3 & 123-3. PCC shall be 4,000 PSI. 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 TOTAL BASE BID AMOUNT IN NUMBERS $ 494,745.00 adjust unit bid prices. TOTAL BASE BID AMOUNT IN WORDS: Four Hundred Ninety Four Thousand Seven Hundred Forty -Five Dollars 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 govem over figures. Full compensation for the items listed to the D m_ cc. «_ , right as Items A�-R, C, D and E are considered C. NPDES WCP, and Best Management inclusive in each Bid Item listed above in practices (BMPs), Public Convenience and th the Base Bid Schedule and Additive Alternate Safe ty Bid Schedule as applicable, and no additional and/or separate compensation will be allowed. D. Construction Stakin b Land Surveyor E. Clearing and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy CBF -4 BIDDER: Aguilar & Calderon Corp. 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 $49,474.50 Dollars ($ 49,474.50 ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed within the working days specified on the Notice Inviting Bids. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -5 BIDDER: Aguilar & Calderon Corp. 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: Marlon Calderon Date of Inspection: 11-25-2024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. Dated_ Addendum N Addendum No. Dated Dated CBF -6 BIDDER: Aguilar & Calderon Corp. 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 I/ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No.,/ If the answer is yes, explain the circumstances in the following space. CBF -7 BIDDER: PUBLIC CONTRACT CODE 10232 STATEMENT Aguilar & Calderon Corp. In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -8 BIDDER: Aguilar & Calderon Corp. By: PO BOX 1511 Signature Business Street Address Marlon Calderon Whittier, CA 90609 Type or Print Name President Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: am 1000678915 City, State and Zip Code 562-265-8815 Telephone Number California N/A 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of th( corporation, partnership or joint venture has the authority to do so. CBF -9 Aguilar & Calderon Corp. SECTION 2 BID DATA FORMS CBF - 10 an Percent of the Total Amount of the tit ), being not less than ten percent payment of which stem will and truly to s, executors, a ministratom, success Y these presents. ars, and 'rincipal has submitted a bid to the OWNER 'Y 24=25 CONCRETE REPLACEMENT ce Inviting Bids and 2024 accompanying Bid RE, if said Principal is awarded a Contract iin the time and in the manner required by th !niers into the written form of' Contract be hes the required bonds(one to guarantee f grantee payinent for labor and materials) fu tes and endorsements, and furnishes any of iy the Contract, their this obligation shall emain in full force and effect. In the event 1tro Micciche Here Insert Name and Tith Name(s) of Signer(s) ie basis of satisfactory evidence to be the persona instrument and acknowledged to me that he/AW#W ,pacity(K, and that by his/)tJCsignature(0 on the i )f which the person(s) acted, executed the instrument. GEL NUNEZ ubiic • California igeles County ,sion # 2482770 xpires Mar 14, 2028 Seal Above I certify under PENALTY OF P of the State of Cal!'Wia that is true and corred. ) WITNESS Sig OPTIONAL hand And officia Signature c ►ptional, completing this information can deter alteratic lent reattachment of this form to an unintended docur Vice President, any Vice President, or the Secretary be and ea attorney named in the: given Power of Attorney to exL•cute on id that each or any of them is hereby authorized to attest to tht of such officers and the seal of the Company may he affixed any such Power of /Attorney or certificate bearing such iacsimi future when so affixed with regard to an\ hand, undcrtak►ng t ante Company and The Gray Casualty & Surety Company hav, their authorized officers this 4"' day• otNovemher, 20212. chael T. 61 av President r Insurance CompanN I Cul The Gray Casu Gray uc, a Notary f'uhl►c, personally appeared Michael T (itay. Pre f The Gray C~aaualt}' &-F Sure[\' Company, personallN kno�\ n to e� and affixed the sc'al5 ofthe companies .►s officers fit, and 4-11 on Calderon basis of satisfactory evidence to be the to the within instrument and acknowle( same ire(tEsier/their authorized capa6 )n the instrument the person(s), or the E , executed the instrument. DF PERJURY under the laws of the Stc true and correct. )fficial seal. (Notary Public Seal) _ INFORMATION INSTRUCTIONS Ft Tilts form complies u nh current C DOCUMENT if needed, should be completed apu BIDDER: Aguilar & Calderon Corp. 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 0.5%) 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 pennitted in cases of public emergency or necessity, and then only after Owner approval. CBF - 12 BIDDER: Aguilar & Calderon Corp. 2.11 LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Description of Work of Subcontractor to be Subcontracted V&E Tree Service Landscape Address: Orange, CA License No.: 654506 Department of Industrial Relation Registration No. 1000001936 Name and Location of Subcontractor Name: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: License No.: Department of Industrial Relation Registration No. Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration Name and Location of Subcontractor Name: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. CBF -13 BIDDER: Aguilar & Calderon Corp. 2.0 The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1' City of Buena Park, 6650 Beach Blvd., Buena Park, CA 90621 Name and Address of Owner Aaron Esparza-Almaraz, 714-562-3690 Name and telephone number of person familiar with project $800,000 Sidewalk Improvements 2024 Contract amount Type of Work Date Completed 2' Orange County Public Works Name and Address of Owner Erik Nelson, 714-667-1609 Name and telephone number of person familiar with project $1,100,000 New Restroom and walkway improvements 2023 Contract amount Type of Work Date Completed 3. City of Fullerton, 303 W. Commonwealth Ave., Fullerton, CA Name and Address of Owner David Grantham, 714-738-6853 Name and telephone number of person familiar with project $500,000 Storm Drain Replacement and Walkway improvements 2022 Contract amount Type of Work Date Completed CBF - 14 BIDDER: 4. City of Corona, 400 S. Vicentia Ave., Corona, CA Name and Address of Owner Tracy Martin, 951-817-6980 Name and telephone number of person familiar with project Aguilar & Calderon Corp. $500,000 Citywide sidewalk improvements 2022 Contract amount Type of Work Date Completed CBF -15 BIDDER: SECTION 3 NON-COLL USION AFFIDA VIT CBF - 16 Aguilar & Calderon Corp. or indirectly, submitted his or her bid pr thereof, or divulged information or data re r fee to any corporation, partnership, :ory, or to any member or agent thereof to e "A Marlon Calderon Typed or Printed Name President Title Aguilar & Calderon C Bidder BIDDER: Martin Construction Inc. CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: Martin Construction Inc. BASE BID SCHEDULE SCHEDULE OF PRICES FOR FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM CITY. PRICE COST 1 Traffic control and mobilization. 1 LS $73,928 $73,928 Remove existing tree uplifting PCC assets. Work shall include tree stump removal to 2 a depth of 12" below soil grade and shall 9 EA $ 3,000 $ 27,000 include soil backfill to cover up remaining tree stump void. Tree locations as listed per Sheet 1 of project plans. Arborist Report: contractor shall hire and coordinate with an arborist that shall review up to 15 trees (selected in the field by City Engineer or authorized designee) 3 to provide recommendations for trimming 1 L5 $24,570 $_24,570 of tree canopy, large tree root removal and root pruning for trees that will not be removed but require tree root pruning/root removal/canopy trimming. Install new 24 -inch box tree (lagerstroemia indica 'Muskogee'orCercis canadensis'forest pansy). New trees to be installed at a distance of 2 feet away from 4 previously planted tree. Work shall 9 EA $2,686 $24,174 include restoration of parkway to match surroundings. Tree locations as listed per Sheet 1 of project plans. Tree planting per SPPWC Std. Plan 520-4. Misc. Asphalt Concrete Patch. Work includes remove existing AC pavement section to 7" depth. Construct 3" AC Type 5 C2 -PG 64.10 over 4" Type B -PG 64-10 over $ 72 $16,200 8" scarified and compacted subgrade. 225 SF Work locations per Sheet 2 of project plans. 8225 Garvey Ave: Remove existing broken 6 PCC roadway panel surrounding manhole $115 $ 28,750 and construct new PCC roadway panel 250 SF (12" thick) as listed per Sheet 3 of project W-.T"A BIDDER: Martin Construction Inc. NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM CITY. PRICE COST plans. PCC shall be 4,000 PSI. Work shall include setting manhole to finished roadway grade. Concrete roadway headers: Remove existing and construct 1.5' wide, 12" thick 7 concrete headers at either side of colored 100 LF $ 567 $ 56,700 crosswalk. Locations at listed per Sheet 3 of project plans. PCC shall be 4,000 PSI. Remove existing and construct new PCC ADA curb ramps as listed per Sheet 4 of project plans and per SPPWC, Std. Plan 8 No: 111-5. Case and type is to be $ 7,836 $117,540 determined by City representative. Work 15 EA shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC shall be 3,250 PSI. Remove existing driveway approach and construct driveway approach to match surrounding sidewalk grade. Driveway 9 locations as listed per Sheet 5 of project $ 30 $ 24,600 plans and to be constructed per SPPWC 820 SF Std. 110-2. Curb and gutter paid under a separate bid item. PCC shall be 3,250 PSI. Remove existing and construct new PCC curb and gutter, as listed per Sheet 6 of project plans and to be constructed per 10 SPPWC, Std. Plan No: 120-3, A2-8, $107 $48,150 complete and in place. Work shall include 450 LF AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC Shall be 3,250 PSI. Remove existing and construct new PCC Sidewalk, 4" thick, as listed per Sheet 7 of 11 project plans and to be constructed per 4,700 SF $18,50 $ 86,950 SPPWC, Std. Plan No. 112-2 & 113-2, complete and in place. PCC shall be 3,250 PSI. Remove existing and construct new PCC 12 Alley gutter/ Alley cross gutter, as listed $ 75 $ 45,000 per Sheet 8 of project plans and to be 600 SF CBF -3 BIDDER: Martin Construction Inc N0. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST right as Items Arg, C, and li are considered constructed per SPPWC, Std. Plan No: 122- 3 & 123-3. PCC shall be 4,000 PSI. C. NPDES, W WECP, and Best Management I in each Bid tem listed above in Practices (BMPs), Public Convenience and theinclusive the Base Bid Schedule and Additive Alternate TOTAL BASE BID AMOUNT IN NUMBERS $ 573,562.00 D. Construction Staking b Land Surveyor TOTAL BASE BID AMOUNT IN WORDS: Five hundred and Seventy Three thousand Five hundred and Sixty Two dollars and Zero Cents The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures. Full compensation for the items listed to the right as Items Arg, C, and li are considered C. NPDES, W WECP, and Best Management I in each Bid tem listed above in Practices (BMPs), Public Convenience and theinclusive the Base Bid Schedule and Additive Alternate Safe ty Bid Schedule as applicable, and no additional D. Construction Staking b Land Surveyor and/or separate compensation will be allowed. E. C earinonstr and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy CBF -4 BIDDER: eta^in Constmetion me. 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 Sixty thousand Dollars ($_ 60,000 ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) ver calendar day if project is not completed within the working days specified on the Notice Inviting Bids. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -5 BIDDER: Martin Construction 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: Jesse Cesena Date of Inspection: 11/22/24 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No, Dated Addendum No. Addendum No. Addendum No. CBF -6 BIDDER: Martin 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. CBF -7 BIDDER: Martin Construction Inc. PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false cert cation may subject the certifier to criminal prosecution. CBF -8 I Signature Haidan Martin Type or Print Name CEO/President Title BIDDER: Martin Construction Inc. 35176 Avenue E, Business Street Address Yucaipa, CA, 92399 City, State and Zip Code (909) 918-0072 Telephone Number Bidder's,'Contractor's State of Incorporation: California Partners or Joint Venturers: Bidder's License Number(s): 891132 Department Industrial Relations Registered No. 1000023358 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: Martin Construction Inc. SECTION 2 BID DATA FORMS CBF -10 BIDDER: Martin 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 Martin 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 amount Bid DOLLARS ($ 10% of Bid ), 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 FY 24-25 CONCRETE REPLACEMENT PROJECT as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated December 4, 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 25th day of November _,2024 . Martin Construction Inc. (SEAL) U.S. Specialty Insurance Company (SEAL) Principal Surety By: By: Signature Signature K E. Attorney in Fact CBF -11 �14 TOKIOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United Slates Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint Keith E. Clements its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Fifty Million and 001100""' Dollars ( •"550.000.000.00'"' 1. This Power of Attorney shall expire without further action on April 23rd, 2026. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Se 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 swtable persons as Attorneys) -in -Fact to represent and ad for and on behalf of the Company subject to the following provisions: Attomeyin-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 canceimg or ternwnating the Company's liabil:ty thereunder, and any such instruments so executed by any such Attorney -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 of any oarti6cete 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. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 181h day of April 2022. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STA46S.SURETYX.QMPANY JJ. 63PECIAL'4Y•,INSURANCE COMPANY State of California _ A — l ,W•� iWl it u. iii County of Los Angeles�,+ .y,.` _ ;, tgi�._ ° °ii° s , Ir By: �f" �`^« >'� `�� Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to On this 18th day of April 2022, before me, Sonia 0. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS m hand and official seal. SON'"a.auioo Y Naos �r - cm>mN j' �. aNrW�c...,•rr t wWn,W„Naovtn - Signature (seal) pGmm.uynk n.zd» I, Klo Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by sad Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 2sth day of NwpFLe, ... zona Corporate Seals Bond No. ewemd Agency No 9DO3 - PDF POA d 4Qex w° � e +'.+ pa`s. ;'old••--...!4;'"•is s GAJ t1 ��• pi: 4r. �)/��(j 'T r'r O�i� )(�• .tt Kio Lo, Awilitatit Secretary visit tmhoc.comtsurety for more information HCCSMAN-0A212073 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 San Diego On 1125 24 before me, Robert Jayson Sensi (insert name and title of the officer) personally appeared Keith E. Clements 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 helshelthey 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. Signature ROBERT JAYSON SENSI ,. COMM. #2401570 C� NOTARY RktGCAUFORNIA u SANDEeOOOLK" ff,� My Comm"lon Expim (Seal) AUGUST 29.3027 BIDDER: Martin Construction Inc. 2.6 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 °rb) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF - 12 BIDDER: Martin 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 Name: Nava Landscape Inc Address: 484_Kensington Dr. San Marcos CA N License o.: 17NL1881 Department of Industrial Relation Registration No. 1001114682 Tree stump removal and tree removal and replacment Name and Location of Subcontractor Name: Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration Name and Location of Subcontractor Name: Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. Name and Location of Subcontractor Address: Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration CBF - 13 BIDDER: Martin 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: I' City of Bevedy Hills, 455 N Roxford Dr, Beverly Hills, CA 90210 Name and Address of Owner Jeff Bartizal (310) 285-2518 Name and telephone number of person familiar with project Various Jobs over a 3 year contrct with AT&T Concrete work including Approaches, ADA ramps. Curb and gutter. Contract amount Type of Work Date Completed 2. AT&T, 3035 Andrita St, Los angeles, CA 90065 Name and Address of Owner Michael Amperano (213) 400-7062 Name and telephone number of person familiar with project Several Jobs under a Underground utilities, Asphalt and 3 year contract concrete restoration Contract amount Type of Work Several Jobs under a 3 year contract Date Completed 3' Spectrum/Charter Communications 4450 California Ave, Bakersfield, CA 93309 Name and Address of Owner Ryan Lindsay (661) 205-0561 Name and telephone number of person familiar with project Several Jobs under a Underground utilities, Asphalt and Several Jobs under a contractor contract concrete restoration contractor contract Contract amount Type of Work Date Completed CBF - 14 4. BIDDER: Martin Construction Inc. Onward Name and Address of Owner Kelly Brown (775) 303-4144 Name and telephone number of person familiar with project Underground utilities, Asphalt and concrete restoration Contract amount Type of Work Date Completed CBF - 15 BIDDER: Martin Construction Inc. SECTION 3 NON-COLLUSIONAFFIDAVIT CBF -16 BIDDER: 1McA(- II)LGV r0Yu 7Q/i Itri( 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 �)a� derv) Mev -h n Typed or Printed Name -I.ED Title Motr-4v-) l't?(1� j�c�17v I I/1C Bidder Subscribed and swom before me This day of -,20 Notary Public in and for the State of California My Commission Expires: CBF - 17 (Seal) See Attached Certificate California Jurat Certificate 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 San Bernardino Subscribed and sworn to (or affirmed) before me on this _�_ day of _Dectm4�r , 20 3fl-, by �}p; c�avt IV1 ar�7n and proved to me on the basis of satisfactory evidence to be the person(p) who appeared before me. SARINA LARSEN S r —''Notary Publit • Califernia San Bernardino County Commission 12455307 _fp Ni-va%f6iny E� 0-7'l7/20 �'My Comm. Expires Jul 27, 2027 + < r�rr OPTIONAL INFORMATION Description of Attached Document The certificate is attached to a document Ned/for the purpose of Noi" i containing pages, and dated 12.L z�74 `i "ae, ,, l 2nd reattachment of h•iL" C(JmeRt Proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 aedible witness(es) I Notarial event is detailed in notary journal on: Page # _ Entry # Notary contact: Other Affiant(s) Thumbprint(s) Q Describe: .... r ,•. w .TheNotary St r, . a - BIDDER: Access Pacific, Inc. CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: Access Pacific, Inc. BASE BID SCHEDULE SCHEDULE OF PRICES FOR FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST 1 Traffic control and mobilization. 1 LS $50,000_ $_50,000 Remove existing tree uplifting PCC assets. Work shall include tree stump removal to 2 a depth of 12" below soil grade and shall 9 EA $_2,000 $18,000 include soil backfill to cover up remaining tree stump void. Tree locations as listed per Sheet 1 of project plans. Arborist Report: contractor shall hire and coordinate with an arborist that shall review up to 15 trees (selected in the field by City Engineer or authorized designee) 3 to provide recommendations for trimming 1 LS $15,000_ $_15,000 of tree canopy, large tree root removal and root pruning for trees that will not be removed but require tree root pruning/root removal/canopy trimming. Install new 24 -inch box tree (lagerstroemia indica 'Muskogee' or Cercis canadensis'forest pansy). New trees to be installed at a distance of 2 feet away from 4 previously planted tree. Work shall 9 EA $2,500_ $_22,500 include restoration of parkway to match surroundings. Tree locations as listed per Sheet 1 of project plans. Tree planting per SPPWC Std. Plan 520-4. Misc. Asphalt Concrete Patch. Work includes remove existing AC pavement section to T' depth. Construct 3" AC Type 5 C2 -PG 64-10 over 4" Type B -PG 64-10 over $40.00_ $_9,000 8" scarified and compacted subgrade. 225 SF Work locations per Sheet 2 of project plans. 8225 Garvey Ave: Remove existing broken 6 PCC roadway panel surrounding manhole $40.00 $10,000 and construct new PCC roadway panel 250 SF (12" thick) as listed per Sheet 3 of project CBF -2 BIDDER: Access Pacific, Inc. NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST plans. PCC shall be 4,000 PSI. Work shall include setting manhole to finished roadway grade. Concrete roadway headers: Remove existing and construct 1.5' wide, 12" thick 7 concrete headers at either side of colored 100 LF $100.00_ $10,000 crosswalk. Locations at listed per Sheet 3 of project plans. PCC shall be 4,000 PSI. Remove existing and construct new PCC ADA curb ramps as listed per Sheet 4 of project plans and per SPPWC, Std. Plan 8 No: 111-5. Case and type is to be 15 EA $14,500_ $_217,500 determined by City representative. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC shall be 3,250 PSI. Remove existing driveway approach and construct driveway approach to match surrounding sidewalk grade. Driveway 9 locations as listed per Sheet 5 of project $25.00_ $_20,500 plans and to be constructed per SPPWC 820 SF Std. 110-2. Curb and gutter paid under a separate bid item. PCC shall be 3,250 PSI. Remove existing and construct new PCC curb and gutter, as listed per Sheet 6 of project plans and to be constructed per 10 SPPWC, Std. Plan No: 120-3, A2-8, 450 LF $170.00 $_75,500 complete and in place. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC Shall be 3,250 PSI. Remove existing and construct new PCC Sidewalk, 4" thick, as listed per Sheet 7 of 11 project plans and to be constructed per 4,700 SF $23.00 $108,100 SPPWC, Std. Plan No. 112-2 & 113-2, complete and in place. PCC shall be 3,250 PSI. Remove existing and construct new PCC 12 Alley gutter/ Alley cross gutter, as listed$35.00_ $21,000 per Sheet 8 of project plans and to be 600 SF CBF -3 BIDDER: Access Pacific, Inc. N0. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST right as Items Ate, C, D and E are considered constructed per SPPWC, Std. Plan No: 122- inclusive in each Bid Item listed above in practices (BMPs), Public Convenience and the Base Bid Schedule and Additive Alternate th Safe ty Bid Schedule as applicable, and no additional 3 & 123-3. PCC shall be 4,000 PSI. and/or separate compensation will be allowed. E. Clearing and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance TOTAL BASE BID AMOUNT IN NUMBERS $_578,100.00 TOTAL BASE BID AMOUNT IN WORDS: _ five hundred seventy-eight thousand one hundred dollars and zero cents 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 govem over extended amounts, and words shall govern over figures. Full compensation for the items listed to the n T_.. right as Items Ate, C, D and E are considered C. NPDES, W WECP, and Best Management inclusive in each Bid Item listed above in practices (BMPs), Public Convenience and the Base Bid Schedule and Additive Alternate th Safe ty Bid Schedule as applicable, and no additional D. Construction Stakin b Land Surveyor and/or separate compensation will be allowed. E. Clearing and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy CBF -4 Access Pacific, Inc. BIDDER: between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. dgys specified on the Notice Inviting Bids. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -5 BIDDER: Access Pacific, Inc. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: Frank Rodriguez 11/2112024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. Dated Addendum Addendum No. Dated Addendum No. CBF -6 BIDDER: Access Pacific, 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 notX 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. CBF -7 BIDDER: Access Pacific, Inc. PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -8 By: Signature Tomas Torres Type or Print Name President Title BIDDER: Access Pacific, Inc. 2835 SIERRA GRANDE ST. Business Street Address Pasadena, CA 91107 City, State and Zip Code (626)792-0616 Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: N/A Bidder's License Number(s): 930437 Department Industrial Relations Registered No. 1000005406 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 Minutes of the Board of Directors Meeting Of Access Pacific, Inc. The annual meeting of the Board of Directors of Access Pacific, Inc. (the "Corporation") was held on January 4, 2024, immediately following the annual meeting of the directors of the Corporation. There present at the meeting Tomas Torres/ President. Secretary and Treasurer Being all the members of the Board of Directors It was moved, second and unanimously carried that Tomas Torres act as Temporary Chairperson and that Tomas Torres act as Temporary Secretary. The Chairperson presented to the meeting a copy of a Waiver of Notice of Meeting which all of the Directors of the Corporation had agreed to execute and advised that it was appropriate to authorize the execution and performance thereof by the Corporation. Upon motion duly made, seconded and unanimously carried, it was RESOLVED, that the chairman be requested to cause the same to be spread at length upon the minutes. The meeting then proceeded to AUTHORIZE FOLLOWING PERSONNELS TO SIGN ON ANY BID PROPOSAL or CONTRACTUAL DOCUMENTS ON BEHALF OF ACCESS PACIFIC, INC. until their successors are elected and qualify: President: Tomas Torres The President then presented and read minutes of the annual meeting of Directors of this Corporation, and the same were, on motion duly made, seconded and unanimously carried, in all respects ratified and adopted by this Board of Directors. There being no further business to come before the meeting, upon motion duly made. Seconded and unanimously carried, the meeting was adjourned. IN WITNESS WHEREOF, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above name Corporation this 0 day of January 2024. Dated:01/04/2024 Secretary ` ,,,,... I I,,,, o�ys aPcrF� C% �V: F• OCT. 27, 2009 BIDDER: Access Pacific, Inc. SECTION 2 BID DATA FORMS CBF -10 BIDDER: Access Pacific, 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 Access I as Principal, and 'as Surety, are held firmly bound unto the CITY OF )SEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Total Amount Bid----- ($ 10% of Bid ), 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 FY 24-25 CONCRETE REPLACEMENT PROJECT as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated November 12, 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 2nd day of December , 20 24 Access Pacific, Inc. (SEAL) Developers Surety and Indemnity Company(SEAL) Principal Surety By: By. Signa Ire 1(}^[ts IWye3� Signature Rebecca Haas -Bates, Attorney -in -Fact Vo 3"4e.,— CBF - 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Califomia ) County of Orange ) On 12/02/2024 before me, L. Gome7, Notary Public Date Here Insert Name and Tide of the Officer personally appeared Rebecca Haas -Bates Namep*of Signer(st who proved to me on the basis of satisfactory evidence to be the person(} whose names} is/are subscribed to the within instrument and acknowledged to me that ive/she/they executed the same in ft4herAheir authorized capacity, and that by hic/herAheir signature4on the instrument the person(* or the entity upon behalf of which the persons) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L.CA EZ Notary Public - California Signature gob Orange County Commission X 241]682 Slg tore Of NOtery blit y Comm. Expires Aug 23, 2026 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Number of Pages: One 1 Signers) Other Than Named Above: Capactty(les) Claimed by Signers) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Tide(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual (2 Attomey in Fact ❑ Trttstee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and indemnity Company Date: 12/02/2024 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator n Nha- Signer Is Representing: s :. .. .. :ss • :as •r POWER OFATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Ione, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that except as expressly limited herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: William SYrkin Richard Adiar, and Rebecca Haas -Bates , of Irvine CA as its true and lawful Anomay-m-Fact, to make, execute, deliver and acknowledge, for aid on behalfof said companies, as sureties, bonds, undertakings and mnhacts of suretyship giving and granting unto said Attorney -in -Fact full power and authority to do and to perform every set nocessa y, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company full power of substitution and mvocation, and all of the acts of said Attomety-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attonney is effective December 2, 2024 and shall expire on December 31, 2025. This Powerof Attorney is granted and is signed under and by authority ofthe following resolutions adopted by the Board of Directorsof COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively,'Company") en February 10, 2023. RESOLVED, thin Sam laze. President. Surety Underwriting, James Bell. Via President. Surety Undcrwritina. and Craig Dawson. Executive Underwriter. Smut, each an ernploym of AmTmst North America, Inc., an affiliate ofthe Company (the "Authorized Signors"), are hereby authorized u execute a Power of Attomey, qualifying womey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertaking and contracts of suretyship, "other suretyship obligations, and that the Secretary or my Assistant Secretary of the Company be. and each of Ilam hereby is, authorized to attest the exectr int of any such Power ofAttorney. RESOLVED. that the signature of anyone of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal ofthe Company must be affixed to any such Power of Attorney, and any such signature o seal may be affixed by facsimile, ad such Power of Attorney shall be valid and binding upon the Company wfien sn affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY hale caused those presents to he signed by the Authorized Signor and arrested by their Secretary or Assistant Secretary this March 27, 2023 / , • `��NSURgNaa•°. (y aAND JNo By: .• �� (aPOJ,ja�.Ccs J•'oaP°ii9r :F� Printed Na Sam Zau •'•� :" y Zip FO ; 2 :SEAL ;1936 Title: President Surety Underwriting W . O y�•Z� 0". �, J••��YAWPvti F� JY ••. gCIFORN:' D a ACKNOWLEDGEMENT: •'. .`, ••'•��0• • ••h�.`', •••arryra ut,,% ••••aarq*wN`�`a 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 this 3I_ day of March . 2023 , before me, Hoang -Owen Phu Pham , personalty appeared Sam Zana who proved to me m the bads of satisfactory evidence to be the person whose time is subscribed to within the instrument and acknowledged to me that they executed the same in their autho med capacity, and that by the signature on the instrument the cmities wen behalf which the person acted, executed this instrument. 1 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. } 1 oWy Pu k- o wrA _ NotaryAMk- P Ill Ma signs. D: �r •� Cma�ri 432970 My Comm. Etpires Dae 31, 2026 CORPORATE CERTIFICATION The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions of the resolutions ofthe respective Boards of Directors of said corporations set forth in this Power of Attorney are in fora as of the date of this Certification. This Certification is executed in the City of Cleveland, Ohio, this March 19, 2023. Da.30 res q: By: K'v to AAA" Barry W. Moses, Assistant Secretary POA No. N/A aBNt AOESIBC_ DocuSlgnEnvelopelD:3352BF06-5E9D4798-837E-C1E455E6530F Ed. 0323 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On Decembers, 2024 before me, Jessica Picon, Notary Public Date Hen; Insert Name and Title of the Officer personally appeared Name(&) of Signer(&) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Wass subscribed to the within instrument and acknowledged to me that he/sheAboy executed the same in his/berkbeir authorized capacity(tes), and that by his/tneAh& signature(s) on the instrument the person(a), or the entity upon behalf of which the person(&) acted, executed the instrument. Jt lti;ICA NICON 16 CUMi•i. 424C4945 !L a NOTARY PUBLIC- CALIFORNIA 2 LOS ANGELES COUNTY ' My Cow%. Expi"S Sep 30, 2027 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 d officia eal. Sig attire Signatu f Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: aid Bond Document Date: November 12, 2024 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Tomas Tares N Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Tdle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other Signer Is Representing: pu-e--.�„_ ----- _...------- ------ ------- 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item tf5907 BIDDER: Access Pacific, Inc. 2.11 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -12 BIDDER: Access Pacific, 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:_ TreeSmithEnterprises Tree Removal Address: _1551 N. Miller St. Anaheim, CA 92806 License No.: 802705_ Department of Industrial Relation Registration No.1000001838 Name and Location of Subcontractor Name: Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration Name and Location of Subcontractor Name: Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. Name and Location of Subcontractor Name:_ Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. CBF -13 BIDDER: Access Pacific, Inc. 2.0 The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: I. Los Angeles County Public Works Name and Address of Owner Yahya Altuntas (951) 500-6013 Name and telephone number of person familiar with project $2,586,110.99 Ladera Heights Street and pavement repairs 07/2024 Contract amount Type of Work Date Completed 2. City of Santa Monica Public Works Name and Address of Owner Mareia Wasef Name and telephone number of person familiar with project $5,626,072.40 17th St. Expo Bike Path Connection Project Contract amount Type of Work 3. County of Los Angeles Department of Public Works Name and Address of Owner Charles J. Vosicka (626) 438-9472 Name and telephone number of person familiar with project Date Completed $3,589,440.00 Beach Trail Gap Closure 08/2023 Contract amount Type of Work CBF -14 Date Completed BIDDER: Access Pacific, Inc. 4. Foothill Transit Name and Address of Owner Vincent Sauceda - vsauceda@foothilltransit.org Name and telephone number of person familiar with project Contract amount Transit Center Construction Type of Work CBF -15 06/2023 Date BIDDER: Access Pacific, Inc. SECTION 3 NON- COLL USION AFFIDA VIT CBF - 16 BIDDER: Access Pacific, 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. and swom before me This Notary Public in and for the State of California My Co sion Expires: Q Signature Tomas Torres Typed or Printed Name President Title Access Pacific, Inc. Bidder 20 ---See Attached--- CBF-17 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On December 3, 2024 before me, Jessica Picon, Notary Public Date Here Insert Name and Title of the Officer personally appeared Name(&) of Signer(&) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/sheAisy executed the same in hisAas44iasil: authorized capacity(ise), and that by his/herApeic signature(&) on the instrument the person(&), or the entity upon behalf of which the person(a) acted, executed the instrument. JESSICA PICON COMM. #2464945 CL NOTARY PUBLIC- CALIFORNIA LOS ANGELES r Wy CORE. ENBims Sp 39, 3817 Place Notary Seal 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 nd an fficial seal. Signat Sig ure of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: NON -COLLUSION AFFIDAVIT Document Date: December 3, 2024 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Tomas Torres 9 Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014.. :rr • :rr r BIDDER: TVR Construction Engineering LLC CITY OF ROSEMEAD FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: TVR Construction Engineering LLC BASE BID SCHEDULE SCHEDULE OF PRICES FOR FY 24-25 CONCRETE REPLACEMENT PROJECT PROJECT No. 24009 NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST 1 Traffic control and mobilization. 1 LS $_30,000 $ 30,000 Remove existing tree uplifting PCC assets. Work shall include tree stump removal to 2 a depth of 12" below soil grade and shall 9 EA $ 3,000 $ 27,000 include soil backfill to cover up remaining tree stump void. Tree locations as listed per Sheet 1 of project plans. Arborist Report: contractor shall hire and coordinate with an arborist that shall review up to 15 trees (selected in the field by City Engineer or authorized designee) 3 to provide recommendations for trimming 1 LS $ 25,000 $ 25,000 of tree canopy, large tree root removal and root pruning for trees that will not be removed but require tree root pruning/root removal/canopy trimming. Install new 24 -inch box tree (lagerstroemia indica'Muskogee' or Cercis can adensis 'forest pansy). New trees to be installed at a distance of 2 feet away from 4 previously planted tree. Work shall 9 EA $ 4,000 $ 36,000 include restoration of parkway to match surroundings. Tree locations as listed per Sheet 1 of project plans. Tree planting per SPPWC Std. Plan 520-4. Misc. Asphalt Concrete Patch. Work includes remove existing AC pavement section to 7" depth. Construct 3" AC Type 5 C2 -PG 64-10 over 4" Type B -PG 64-10 over $ 200 $ 45,000 8" scarified and compacted subgrade. 225 SF Work locations per Sheet 2 of project 8225 Garvey Ave: Remove existing broken r6plans. PCC roadway panel surrounding manhole $ 250 $ 62,500 and construct new PCC roadway panel 250 SF (12" thick) as listed per Sheet 3 of project CBF -2 BIDDER:TVR Construction Engineering LLC NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST plans. PCC shall be 4,000 PSI. Work shall include setting manhole to finished roadway grade. Concrete roadway headers: Remove existing and construct 1.5' wide, 12" thick 7 concrete headers at either side of colored 100 LF $ 250 $ 25,000 crosswalk. Locations at listed per Sheet 3 of project plans. PCC shall be 4,000 PSI. Remove existing and construct new PCC ADA curb ramps as listed per Sheet 4 of project plans and per SPPWC, Std. Plan 8 No: 111-5. Case and type is to be 10,000 $ $ 150,000 determined by City representative. Work 15 EA shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC shall be 3,250 PSI. Remove existing driveway approach and construct driveway approach to match surrounding sidewalk grade. Driveway 9 locations as listed per Sheet 5 of project $ 40 $ 32,800 plans and to be constructed per SPPWC 820 SF Std. 110-2. Curb and gutter paid under a separate bid item. PCC shall be 3,250 PSI. Remove existing and construct new PCC curb and gutter, as listed per Sheet 6 of project plans and to be constructed per 10 SPPWC, Std. Plan No: 120-3, A2-8, $ 200 $ 90,000 complete and in place. Work shall include q50 LF AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). PCC Shall be 3,250 PSI. Remove existing and construct new PCC Sidewalk, 4" thick, as listed per Sheet 7 of 11 project plans and to be constructed per 4,700 SF $ 20 $ 94,000 SPPWC, Std. Plan No. 112-2 & 113-2, complete and in place. PCC shall be 3,250 PSI. Remove existing and construct new PCC 12 Alley gutter/ Alley cross gutter, as listed $ 40 $ 24,000 per Sheet 8 of project plans and to be 600 SF CBF -3 BIDDER: TVR Construction Engineering LLC NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST right as Items A—,4, C, D and E are considered constructed per SPPWC, Std. Plan No: 122- 3 & 123-3. PCC shall be 4,000 PSI. C. NPDES, W WECP, and Best Management inclusive in each Bid Item listed above in Practices (BMPs), Public Convenience and the Base Bid Schedule and Additive Alternate th TOTAL BASE BID AMOUNT IN NUMBERS $ 641.300 D. Construction Staking by Land Surveyor TOTAL BASE BID AMOUNT IN WORDS:Six Hundred Fourty one Thousand Three Hundred Dolllar The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures. Full compensation for the items listed to the right as Items A—,4, C, D and E are considered C. NPDES, W WECP, and Best Management inclusive in each Bid Item listed above in Practices (BMPs), Public Convenience and the Base Bid Schedule and Additive Alternate th Safe ty Bid Schedule as applicable, and no additional D. Construction Staking by Land Surveyor and/or separate compensation will be allowed. E. Clearing and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy CBF -4 BIDDER: TVR Construction Engineering LLC 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 Ten percent Dollars ($ in% ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed within the working the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -5 BIDDER: TVR Construction Engineering LLC EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: ADDENDA ACKNOWLEDGMENT Gergis Bebawy The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. None Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated CBF -6 BIDDER:TVR Construction Engineering LLC 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 Cal'Ifomia that the bidder has _ , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No.X If the answer is yes, explain the circumstances in the following space. CBF -7 PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractors failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. By:eYZTI S Signature Gergis Bebawv Type or Print Name Owner Title BIDDER:TVR Construction Engineering LLC 4930 MlrhnPl St Business Street Address Riverside, CA - 92507 City, State and Zip Code 9276664 Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: Bidder's License Number(s): 1064223 - A Department Industrial Relations Registered No. 1 00064 05 1 0 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: NR Construction Engineering LLC SECTION 2 BID DATA FORMS CBF -10 PO Box 471023 Charlotte, NC 28226 Phone: (800) 438-1162 Fax: (704) 364-3214 This form must be returned to The Bond Exchange within five (5) Business days after the release of the project bid results. We must notify the Surety. Without these results, Final Payment and Performance bonds will not be approved. Contractor's Name: TVR ControcSon Engineering LLC Project Name: FY 2425 CONCRETE REPLACEMENT PROJECT PROM Bid Bond Number: 88507971 Bid Bond Estimate: 550000,99 Date of Bid: 2024.12-N WERE YOU LOW BIDDER: _YES _NO PLEASE COMPLETE THE FOLLOWING: BIDDER AMOUNT Low Bid: $ 2nd Bid: $ 3'd Bid: $ BIDDER: NR Construction Engineering LLC 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 Fonus are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT NR Construction Engineering LLC as Principal, and Jet Insurance Company _ as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of _ sixty five thousand DOLLARS ($65,000 ), being not less than ten percent (10%) of the Total Bid Price; for the payment of which stun 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 abid to the OWNER to perform all Work required for the FY 2425 CONCRETE REPLACEMENT PROJECT as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated 12/03/2024 _ 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 andjudgment is recovered, said Surety shall pay all costs incurred by the OWNER in such shit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 3rd_ day of December 2024 NR Construction Engineering LLC (SEAL) Jet Insurance Company Principal Surety A By: Signature Signature David Gonsalves, Attorney in Fact eqe,-913 CBF - 11 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 Los Angeles On before me, Robert Yong, Notary Public (insert name and title of the officer) personally appeared C-�tZVVdi5 , 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. L ° ROBERT YONG WITNESS m nd and offic' seal. T Notary Public County y � Los Angeles County Commission 72487168 ` My Comm, Expires Apr 16, 2028 9 Signature (Seal) S Bond Number: 90507972 JET INSURANCE COMPANY POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That JET INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Norm Carolina, having Its principal office in Charlotte, North Carolina does hereby constitute and appoint Name Limit of Liability per Bond David Gonsalves SS5,000.00 Its true and lawful Attomey(s)4n-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds, undertakings, contracts of indemnity, recognlzances and other wrAngs obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, provided that the liability of such shall not exceed the limit stated above. The execution of such Instrument(s) in pursuance of these presents, shall be as binding upon JET INSURANCE COMPANY as fully and amply, to all intents and purposes, as If the same had been duly executed and acknowledged by Its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of the following resolutions adopted by the Board of Directors of JET INSURANCE COMPANY by unanimous written consent dated August 03, 2018, of which the following is a true excerpt RESOLVED that the President. w any Vice President. acting with any Secretary or Assistant Secretary, shall have power and authority to appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, attach the Seal of the Company thereto and deliver, bonds, undertakings, contracts of indemnity, recognizances and other writings obligatory in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke, at any time. any such Attorney-in-fact and revoke the authority given. Furber, this Power of Attorney Is signed and seated by facsimile pursuant to resolution of Bre Board of Directors of the Company adopted by unanimous written consent dated August 3, 2018, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution on behalf of the Company and delivery of any bond, undertaking, contract of indemnity, recognizance and other writings obligatory In the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, JET INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to ^• be affixed by its authorized officer, this 17w day of May, 2023. rW r '�- JET INSURANCE COMPANY -_t = ,SEAL! r°' -.. ��-•• ��3+C� l t� LrNfit �� STATE OF NORTH CAROLINA Spencer Sllno, President Richard Popp, Secretary CourHyof Mecklenburg On this 17th day of May, 2023 before me came the individuals who executed the preceding Instrument, to me personalty known, and being by me duly sworn, said that each is the herein described and authorized officer of Jet Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duty affixed by order of the Board of Directors of said Company. 30va_ C 1 10& Sara C. Holt Notary Public, State ofNorth Carolina County of Meckrenburg My Commission Expires 0912!2027 IN WITNESS WHEREOF, I have hereunto set my hand at Jet Insurance Company offices the day and year above written. SARA C. HOLT Notary Public, North Carolina Mecklenburg County My Commission Expires September 11, 2027 I, Richard Popp, Secretary of JET INSURANCE COMPANY, do hereby certify that the above and foregoing is a We and correct copy of a Power of Attomey executed by JET INSURANCE COMPANY, which Is still In full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 1M day of December 2024 3°�r'r�°yoti`t!«� �'EALP Richard Popp, Secretary BIDDER: TVR Construction Engineering LLC 2.11 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -12 BIDDER: TVR Construction Engineering LLC 2.11 LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors."*] Name and Location of Subcontractor Description of Work to be Subcontracted Name: V&E Tree Services Address: PO Box 3280, Orange, CA 92865 License No.:6s4s06 C27, rsi / D49 Department of Industrial Relation Registration No.1 00000 1936 Name and Location of Subcontractor Name: Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Address: License No.: Department of Industrial Relation Registration No. CBF -13 BIDDER -TVR Construction Engineering LLC 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: 2. City of La Verne Name and Address of Owner Cody Howing (909)594-9702 Name and telephone number of person familiar with project $74,678.00 Sidewalk Curb & Gutter Removal and Contract amount Type City of Laguna Niguel Name and Address of Owner Angel Fuertes 949-362-8409 Name and telephone number of person familiar with project Sep.2023 Date Completed $199,000.00 Sidewalk Curb & Gutter Removal and Replacement March 2024 Contract amount Type of Work Date Completed City of La Duarte Name and Address of Owner Brian Chau 626-357-7931 Name and telephone number of person familiar with project $118,550.00 Sidewalk Curb & Gutter Removal and Replacement March 2024 Contract amount Type of Work Date Completed CBF - 14 El City Of Palos Vereds Name and Address of Owner Bianca Navarro 310-378-0383 Name and telephone number of person familiar with project Annual Miscellaneous Infrastructure Repairs Project August 2024 Contract amount Type of Work Date CBF -15 BIDDER -TVR Construction Engineering LLC SECTION 3 NON -COL L USION A FFIDA VI T CBF -16 BIDDER: NON -COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature gie{,J13 mow% Typed or Printed Name Y UAI-eY Title —FV& CanslWucl l� i� )-LC Bidder Subscribed and sworbefore in This �N day o - �c 2 (Seal) Notary Public in and for ROSERrYONG the State of California I 00-imy Notary Public • Caiffornia County ft6 �� Los ission 24871Illi /"O Commission Y 2487168My Commission Expires: comm. Expires Apr 16, 2078 CBF - 17 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 Los Angeles ) On �� lQ' before me, Robert Yong, Notary Public (insert name and title of the officer) personally appeared l) -S who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myand offici seal. Signature (Seal) ' ROBERc YONG ` Notary Public • California Los Angeles County SF Commission i 2482168 My Comm. Expires Apr 16. 2028 1� = IV 66'1—%f(�.+.r10�-- ��idGt�1•-}��