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CC - Item 4K - Strathmore Avenue and Virginia Street Roadway Rehabilitation - Project No. 21851 - 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: STRATHMORE AVENUE AND VIRGINIA STREET ROADWAY REHABILITATION — PROJECT NO. 21851 — AWARD OF CONSTRUCTION CONTRACT SUMMARY In April 2024 roadway depressions along Strathmore Avenue and Virginia Street were reported to the Public Works Engineering Division. Staff conducted a comprehensive review of nearby utilities with the aim of determining the cause of the roadway depressions. The utility agencies conducted reviews of their underground utilities and confirmed that there were no water leaks, sewer leaks, or storm drain deficiencies that could be causing the roadway depressions. Staff then initiated a Geotechnical review of the roadway at the intersection of Strathmore Avenue and Virginia Street to fully understand the cause for the depressions. The result of the Geotechnical report concluded that the roadway depressions can be attributed to poor trench compaction when a storm drain was installed along Virginia Street onto Strathmore Avenue in 2007. Based on the recommendations provided in the Geotechnical report, Staff prepared construction bid documents that specify the removal of loose backfill material to a depth of 4 feet, this repair is crucial to ensure proper soil compaction along the roadway segment to prevent the development of roadway depressions that may occur once repairs are completed. The project was not included as a part of the City's Fiscal Year 2024-25 Capital Improvement Program, however, due to the nature of the roadway conditions potentially becoming worse during the upcoming wet season, Staff is recommending a new appropriation for the project in the amount of $273,480.00 for this critical roadway repair. On December 4, 2024, the City received five (5) bids. Based on staff's comprehensive bid analysis, the bid submitted by Terra Pave, Inc. in the amount of $ 227,900.00, is determined to be the lowest responsive bid. BACKGROUND A roadway depression at the intersection of Strathmore Avenue and Virginia Street was reported to the Public Works Engineering Division in April 2024. Upon further review of records, this segment of Strathmore Avenue and Virginia Street has previously developed roadway depressions on a few occasions in past years. Staff began to conduct a comprehensive review of nearby utilities with the aim of determining the cause of the roadway depressions. Staff coordinated with several local utility agencies to request they conduct reviews of their underground utilities. The utility AGENDA ITEM 4.K City Council Meeting December 10, 2024 Page 2 of 4 agencies conducted their reviews and confirmed that there were no water leaks, sewer leaks, or storm drain deficiencies that could be causing these roadway depressions. For Staff to fully understand the cause of the roadway depressions, a Geotechnical review at the intersection of Strathmore Avenue and Virginia Street was conducted. The result of the Geotechnical report concluded that the roadway depressions can be attributed to poor trench compaction when a storm drain was installed along Virginia Street onto Strathmore Avenue in 2007. Utilizing the recommendations listed on the Geotechnical report, Staff prepared project plans and specifications for the repairs ensuring that proper soil compaction to prevent depressions from developing after the repairs are completed. DISCUSSION Staff published a Notice Inviting Bids in local newspapers and trade publications on November 19, 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 Planetbids portal until 10:30 a.m. on Wednesday, December 4, 2024. The City received Five (5) bids with the following results: Contractor from low to high amount Location Bid Amount Terra Pave, Inc. 12115 Rivera Rd. Whittier, CA 90606 $227,900.00 Access Pacific, Inc. 2835 Sierra Grande St. $229,650.00 Pasadena, CA 91107 Onyx Paving Company, Inc. 2890 E. La Cresta Ave $262,000.00 Anaheim, CA 92806 Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 $310,000.00 Superior Paving Company 1880 N. Delilah St. Corona, CA 92879 $325,070.05 Staff conducted a bid analysis for apparent low bid submitted by Terra Pave, Inc. and verified CA contractor's licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references for Terra Pave, Inc. The bid submitted by Terra Pave, Inc. in the amount of $227,900.00 is determined to be the lowest responsive bid. New Funding Appropriation The project was not included within the approved Fiscal Year 2024-25 Capital Improvement Program Budget, however, due to the nature of the roadway conditions potentially becoming worse during the upcoming rain season staff is recommending a new appropriation to fund the project. City Council Meeting December 10, 2024 Page 3 of 4 Staff is recommending a new appropriation in the amount of $273,480.00 in Measure M funds. There is sufficient Measure M funding available to appropriate the desired budget increase. STAFF RECOMMENDATION It is recommended that the City Council: 1. Approve the plans and specifications for the Strathmore Avenue and Virginia Street Roadway Rehabilitation - Project No. 21851; and 2. Authorize the City Manager to execute a construction contract with Terra Pave, Inc. in the amount of $227,900.00. In addition, authorize an amount of $45,580.00 (20% of base bid) to include contingency to cover the cost of unforeseen construction expenses and project management for a total construction budget of $273,480.00 and adopt Resolution No. 2024-70 amending the City's Fiscal Year 2024-25 CIP Budget to appropriate new funds in the amount of $273,480.00 in Measure M funding to cover the total construction budget. FINANCIAL IMPACT This project was not included as a part of the City's Fiscal Year 2024-25 Capital Improvement Program. Due to the nature of the roadway conditions potentially becoming worse during the upcoming wet season, Staff recommends a new appropriation in the amount of $273,480.00 in Measure M funds for this important roadway repair. Staff has determined that there are sufficient Measure M funds to be allocated for the construction of this project. The following is the breakdown of the construction phase budget: Construction Contract $227,900.00 Construction Contingency 10% $22,790.00 Construction Management & Inspection 10% $22,790.00 Total Construction Budget $273,480.00 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 1 (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. City Council Meeting December 10, 2024 Page 4 of 4 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. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process Prepared by: Bonar o rtinez, ranstech Engineers Attachment A: Terra Pave, Inc. Bid Proposal Attachment B: Project Bid Package Attachment C: Construction Contract Agreement with Terra Pave, Inc. Attachment D: Other Bids Submitted (Four Total) Attachment E: Resolution No. 2024-70 roposal BIDDER: Tery..i P3bc, Inv. CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: °c'.'t`G- L ..ci. BID SCHEDULE SCHEDULE OF PRICES FOR STRATHMORE AVENUE AND VIRGINIA STREET -ROADWAY REHABILITATION NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST 1 TRAFFIC CONTROL AND MOBILIZATION 1 LS $21 Too $ 21_$00= TRENCH REPAIR ALONG STRATHMORE AVENUE AND VIRGINIA STREET. WORK LIMITS SHOWN ON APPENDIX B: PROJECT PLANS. WORKSHALL BE AS DETAILED IN APPENDIX A: GEOTECHNICAL EVALUATION - PAVEMENT SETTLEMENT REPORT DATED AUGUST 26TH, 2 2024. WORK SHALL INCLUDE REMOVAL AND 4,500 SF $ 1 . So $by 25_0 RE -COMPACTION OF BACKFILL MATERIALS TO A DEPTH OF 48" AND REPLACEMENT OF THE PAVEMENT, IN ACCORDANCE WITH APPENDIX A AND PER TS -4-R1 THROUGH TS -5: CITY OF ROSEMEAD PAVING STANDARDS (SEE SHEET4 OF APPENDIX B). COLD -MILL 2" EXISTING ASPHALT CONCRETE AND CONSTRUCT 2" AC (WEARING COURSE 3 SHALL BE C2 PG 64-10). WORK LIMITS AS 32,000 SF $ 3, too $ 1 I S Z o a — SHOWN ON SHEET 3 OF APPENDIX B - PROJECT PLANS. WORK SHALL INCLUDE CRACK SEALING. ADJUST MANHOLE COVERS TO GRADE, 4 COMPLETE AND IN PLACE. MANHOLES SHOWN 7 EA $ 1 So $ IZ y, S -o ON SHEET 3 OF APPENDIX B. ADJUST WATER/GAS VALVES TO GRADE, 5 COMPLETE AND IN PLACE. VALVES SHOWN ON 8 EA $ Tf 4oo — SHEET 3 OF APPENDIX B. ADJUST IN -ROAD VAULTTO GRADE, COMPLETE 6 AND IN PLACE. VAULT LOCATION SHOWN ON 1 EA $ 7, o00 — $ 2 000 SHEET 3 OF APPENDIX B. �— FURNISH AND INSTALL TRAFFIC STRIPING & PAVEMENT MARKINGS. WORK SHALL 7 INCLUDE INSTALLATION OF BLUE 1 LS $ 5 000— $ S o00 RETROFLECTIVE RPMs. SEE SHEET 3 OF f— APPENDIX B: PROJECT PLANS FOR DETAILS. TOTAL BID AMOUNT IN NUMBERS $ 7,2'1 900 TOTAL BID AMOUNT IN WORDS: TvJo 14.+.4pWfp 'ivJC.IT`( _ $6-iiC 1 The award of Contract shall be based on the TOTAL BASE BID AMOUNT. CBF -2 BIDDER: 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, 13, C, D and E are considered as inclusive in each Bid Item listed above in the Bid Schedule as applicable, and no additional and/or separate compensation will be allowed. C. NPDES, W WECP, and Best Management Practices (BMPs), Public Convenience and Safety D. Construction Staking by Land Surveyor E. Clearing and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. 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 2rices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. Ifthe Bid lists any Additive Alternate bids, the ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE above will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check ora bid bond the amount of Dollars ($ 7,7, -1 �j o — ) said amount emg 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. CBF -3 BIDDER: 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 undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. Ci � A- * 1 , Q d k The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -4 BIDDER: 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: Akf4a-� ��¢J ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. `' J"-' Addendum Addendum No. Addendum Dated Dated Dated CBF -5 BIDDER: 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. 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. Al MOD PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -7 By: Signature chwi zs o Santos Type or Print Name Co✓ fe(,YA, wj Title 12115 Rivera Road Business Street Address Whittier, CA 9D606 City, State and Zip Code (562) 693 - 7283 Telephone Number Bidder's/Contractor's State of Incorporation: CA14-Kc o, Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: 1) 2) 3) Lic. ff 45 836,,a F3 C-12 AIR #1000000807 By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. If Bidder is a corporation, enter State of Incorporation in addition to Business Address 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 hint venture has the authority to do so. CBF -8 MINUTES OF REGULAR MEETING OF DIRECTORS OF TERRA PAVE, INC. a California corporation BY UNANIMOUS CONSENT The Board of Directors of TERRA PAVE, INC., a California corporation, having unanimously consent inwritingto, (in accordwith Section 307 oftheCalifornia Corporations Code), the following actions of this corporation, which unanimous written consent is evidenced by the signatures of all of the directors of this corporation at the end of these Minutes, have adopted on this date the following resolution(s): The President briefly reviewed the activities of the corporation for the past year. Uponmotion duly made, seconded andunanimously adopted, the following resolutions were adopted by the Board of Directors: RESOLVED, that this Board of Directors hereby approves all of the contracts entered into by any officer of this corporation for the past year, and ratifies said contracts, RESOLVED FURTHER, that all salaries and loans made to any employees, officers or directors of the corporation are hereby ratified and approved, and the salaries of the managing officers of the corporation were also reviewed and approved. RESOLVED FURTHER, All contracts and all documents may be executed by any officer of the corporation. The meeting then proceeded to the election of officers for the next ensuing year. Upon motion duly made, seconded and unanimously carried, the following resolution was adopted: RESOLVED, the following persons shall be elected to the following offices, to wit: President: Vice President for Production: Vice President: Agent Designated for Service of Process: Secretary: Treasurer: Chief Financial Officer: Aaron Terry William Allah Allred John Terry Aaron Terry Christine Santos Aaron Terry Aaron Terry IN WITNESS WHEREOF, we have adopted the said resolution(s) and caused our signatures to be affixed hereto this 15" day of April, 2Q2�J�— Aaron Terry, President ATTEST: Clu-is r antos, Secretary D' ctor. .— Aaron Terry ZACURPUNNUAL MSL PING MINU'ILStApNnbm Pan Board 224.1 wad BIDDER: SECTION 2 BID DATA FORMS BOND NO. 662024466 BIDDER: TERRA PAVE, 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 Principal, and TERRA PAVE, INC. U.S. SPECIALTY INSURANCE COMPANY as , 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 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 STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851—as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated 12/4/2024 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 attomeys' fees to be fixed by the court. SIGNED AND SEALED, this 26th day of NOVEMBER , 20 24 U.S. SPECIALTY TERRA PAVE, INC. (SEAL) INSURA NY Principal 77—' _ V By. .. rtstlne Santos y: Signatut rpurate Secretary Signature E4f1-�iit�Y. AT CBF - 10 TOKIOMAR(NE `` HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That, U.S. SPECIALTY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint, MICHAEL ALLAN QUIGLEY Its true and lawful Attorney-in-fact with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bond number BB204466 Issued in the course of Its business and to bind the Company thereby, in an amount not to exceed wen V Ti in and 00/100 —($20,000, 0y00.00). Said appointment Is made under and by authority of the following resolutions of the Board of Directors of U. S. Specialty Insurance Company: "Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or Indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability 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 or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached." Adopted by unanimous written consent in lieu of meeting on September 1b', 2011. The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -in -Fact Is or is not an appointed agent of the Company. IN WITNESS WHEREOF, U.S. Specialty Insurance Company hp,&4y/sed its seal to be affixed hereto and executed by Its Senior Vice President on this 18th day of April, 2022. ao=, U.S. SPECIALTYI ISURANCE COMPANY ,1 By Adam S. Pessl SenlorVice Yresident. State of California County of Los Angeles On this 18"day of April, 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, Senior Vice President of U.S. Specially 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 my hand and official seal. WA 0. -Cahf I xatun Pub wCWnty cmrmw. 8 3398710 Signature (seal) My Cmin. rrpirm Apr 23. to38 I, Kio Lo, Assistant Secretary of .S. Specialty Insurance Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this WHIP 26th deyaf November 2024 insurC,, 0 4....... .9s Bond No. 662024466 Agency No. 19895 Klo Lo, As ht Secretary Visit tmhcc.com/surety for more information°jam„n,o,"°� HccsozZPOAus81087@029 Surety Group TOKIOINARINE 9001 USA Bos S. Figueroa 700 HCC Los Angelos, CA 90017 USA Tel: 310-649-0990 SURETY BOND SEAL ADDENDUM AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Due to logistical issues associated with the use of traditional seals during this COVID-19 pandemic, American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, (individually, the "Company" and collectively, the "Companies") have authorized its Attorneys -in -Fact to affix the Companies' corporate seal to any bond executed on behalf of the Companies by any such Attomey-in-Fact by attaching this Addendum to said bond. In addition, the Companies accept digital or digitized signatures as original wet signatures for bond execution. All bonds that are properly executed via digital or digitized signature are valid as if they were executed via physical signature. To the extent this Addendum is attached to a bond that is executed on behalf of any of the Companies by its Attorney -in -Fact, each Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. Additionally, each Company hereby agrees that electronic signatures are accepted and given the same validity as physically wet signatures. Dated this 1 st day of April 2020. American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company a"'N4A......iiub ., tkOlIN uuq�y "y`auBUR �ui4 �J,NinlWu'W�y . "8+ 4`4. OGN......�..cco*, ppq�... ..,@TFgy p<.♦ v 4� iQif•_ J/��� _9%1?=%if iQt(o�� Q.I" Al 'S ¢gigmieu ilaSnt hCq�i mANo`y` inri�lF4`JO S` By:T-� Frank Mester, Vice President Reference Infdrnidtlon PrincipalName: TERRA PAVE, INC. Bond/Bid Number: BB2024466 Agency Name: QUIGLEY INSURANCE SERVICES, INC. Attorney -in -Fact: MICHAEL ALLAN QUIGLEY Date: November 26, 2024 M ZZ PRWERF7=3 CLEAR 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 Countyof ORANGE on 11/26/2024 Dote before me, JEFFREY MICHAEL QUIGLEY, NOTARY PUBLIC Here Insert Name and Title of the Officer Personally appeared MICHAEL A. QUIGLEY Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JEFFREYComm. ON 2366467 LEY N m F NOTARY PUBLIC.CAIFORNIA (() ORANGE COUNTY MY Comm. ENE. DEC. 29, 2025 Place Notary Seal Above 1 certify under PENALTYOF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Signature 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 Document Date Signers) OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer—Titles) ❑ 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 02014National NotaryAssociation • www.NationalNotary.org• 1 -800 -US NOTARY (1-800-976-6827) Itemf25907 BIDDER: 2.11 LIST OF PROPOSED SUBCONTRACTORS hi compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -11 BIDDER: " . PC= y(a f n % 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: Sj?aPlon— Address: S317-- c4PPSfs sr ��tt tea. 90t•3� License No.: "1"1 b Departme ustrial Relation Registration No. 100006k,4-110 Name and Location of Subcontractor Description of Work to be Subcontracted ,4(, - Name:4(, - Name: 345 STa-1Pro.11. Address: 1544 5. J14G4a0-> 4- -4C 4ri%0 ca- STw a,J� License No.: 5-3 S 21 1 r 9 1-76 t Department of Industrial Relation Registration No. 10 000 o b 91 Z Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration CBF -12 BIDDER: 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: 1.10400 cd�otiauo ,4��. 61 -T--f 01- P a 7-- k-.-4 4 -r P 4 U.- A- A + 1 T 64 Name and Address of Owner JA-Sbtl j3IZ0v4^1 (5b2) °I'DK -b2oo Name and telephone number of person familiar with project P fry 0-i *-- 9 � 3 4 Contract amount Type of Work Date Completed 2. 13230 'PCrJ J ST. GI -r -f OP hid{ i'tT 1crL- VJ4CYT,EIZ ck . goboL Name and Address of Owner 3. A-•(DC1-EW wJA.J (seZ,� Stp-+ - Name and telephone number of person familiar with project 1) 1-7LS -- Contract amount A-rPl1- Type T71 tTN%c,T Name and Address of Owner rTt- +C'`( E1.V1 S (01 Name and telephone number of pt Contract amount L-1- R-G,ET Type of Work A 1 12 Date F1 z- o a t)oe F1. c.twq..D 4-41z vJ q 1..1 .rT vJ A -k''4 aT Cs. 91-1b 9 -1171 - 31' 0 1 niliar with project Lo4ST(i--AC-TI v -+/"L4 CBF - 13 Date Completed 4. G%Tom( oF- Name and Address of Owner BIDDER: 'i",- - 1� Oo GIJ1f_, cErJrC,n- VA4-t-k. I+�OIa C A, . 1121't01 3J Ac .1 PE(2E2G141 c, A- k951 ) gq-:�- og2b Name and telephone number of person familiar with project ��d�Ic SkrhT( GA-APJS '1 0,10497,900o t' t-,QT- Contfact amount Type of Work Date Completed CBF -14 SECTION 3 NON-LOLL USION AFFIDA VIT CBF - 15 BIDDER: NON -COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signatu Ghr;S4ihL Sa"ID6 Typed or Printed Name corpora,.fe �ert�ef vv Title Teyra IOAYe, rvLc• Bidder Subscribed and swom before me This 2nd day of Pectmber 20 2u i� Notary Public in and for the State of California My Commission Expires: fan, 2I , ms CBF -16 See a -,+4r, (led Oodf w4-- (Seal) 4:(Seal) CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 5202 XSee 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) 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 County of ORANGE *OranNADEN SANiOS Notary Public • CeBforMa County_ Commisslm 5 2478467 gemy Comm. Expires Jan 2, 2028 Seal Place Notary Seal Above Subscribed and swom to (or affirmed) before me on this 2ND day of DFCFMBFR 2024 by Date Month Year (and CHRISTINE SANTOS Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature OPTIONAL Signature of Notary Public 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: NON4101 I I ISION AFFInAVIT Document Date:DECEMBER 2, 2024 Number of Pages: 16 Signer(s) Other Than Named Above: NIA 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 Attachment B Project Bid Package CITY OF ROSEMEAD CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 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 AM CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 TABLE OF CONTENTS BIDDING DOCUMENTS 1. Notice Inviting Bids............................................................NIB-1 - NIB -2 2. Instructions to Bidders............................................................ITB-1 - ITB -9 3. Contract Bid Forms.............................................................CBF-1 - CBF -16 CONTRACT AGREEMENT Contract Agreement and Insurance Requirements 2. Performance Bond 3. Payment Bond CONTRACT APPENDIX Part "A" General Provisions ......................................... GP- 1 — GP -35 Part "B" Supplemental General Conditions ...................... GC -1 — GC -10 Part "C" Technical Provisions.......................................TP-1 — TP -9 Part "D" Appendix Appendix A - Geotechnical Report —Strathmore Ave at Virginia St Appendix B — Project Plans CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 NOTICE INVITING BIDS CITY OF ROSEMEAD NOTICE INVITING BIDS NIB No. 2024-33 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 a.m. on December 4"', 2024. Electronic and hardcopy bids will be publicly posted on PlanetBids and City's website after bid deadline. STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851 The project consists of trench repairs as detailed in Appendix A: Geotechnical Report. Project also includes cold -mill and overlay scope along Strathmore Avenue and Virginia Street, as detailed in Appendix B: Project Plans, as well as miscellaneous work as indicated on the construction plans, including other incidental and appurtenant work necessary for the proper completion of the project. The engineer's estimate for this project is in the range of $250,000. The successful bidder shall have FIFTEEN (15) working days including material procurement 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 PlanetBids portal. Contractors can register as a vendor and download the documents by visiting the PlanetBids Portal (https://pbsystem.planetbids.com/portal/54150/portal-home). Hard copy of the bid package will not be mailed. SB 854 Requirements: This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a print out from the DIR registration website showing that the prime contractor and each subcontractor is currently registered and qualified. No bid proposals will be accepted nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)] Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. NIB- 1 No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date. The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "A" license in good standing at the time Bids are received. The Council reserves the right to reject any and all bids and to waive any informality technical defect or minor irre ug lari 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 December 101h, 2024. All questions regarding this bid shall be uploaded City's portal on PlanetBids, no later than 10 calendar days prior to bid due date and time. Dated this November 19, 2024. Ericka Hernandez City Clerk Publish: November 2V& November 2$'h, 2024. NIB- 2 CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 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 (httns'/bsystem planetbids.com/partaV541501po aI-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 C. Contract Appendix Part "A" - General Provisions Part "B" - Supplementary General Conditions Part "C" - Technical Provisions Part "D" - Appendix Any Addenda Issued by the Owner ME 4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Development Services Department to verify that he has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. 7. ALTERNATE BIDS The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. The ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE above will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in accordance with the instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive In �a 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 particular joint venture or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venture or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venture or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form furnished by the Owner, or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all Bidders their Bid guarantees 11. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents herein have been completed and signed as set forth above, they shall ITB -3 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 for Alternatively, bids can be submitted electronically through PlanetBids at: https://pbsystem 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 B ids and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. 13. WITHDRAWAL OF BID Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the Owner; the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner because of the damage resulting from the delay in the execution of the Contract and in the performance of Work thereunder. 14. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City Council will make all necessary decisions and awards. The apparent successful bidder should at this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the required documents and certifications. Regardless of 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 ITB - 4 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 subpronosal 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 raring 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 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. ITB - 5 20. BASIS OF AWARD; BALANCED BIDS The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid which, in its opinion when compared to other bids received or to the Owner's internal estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject as non-responsive any bid which unevenly weights or allocates overhead and profit to one or more particular bid items. 21. FILING OF BID PROTESTS Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) Working Days after the bid opening date. B. Clearly identify the specific accusation involved. C. Clearly identify the specific Owner Staff/Board recommendation being protested. D. Specify, in detail, the grounds of the protest and the facts supporting the protest. E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one of these requirements, it will be rejected as invalid If the protest is valid, the Owner's Project Manager, or other designated Owner staff member, shall review the basis of the protest and all relevant information. The Project Manager will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the Project Manager to the City Engineer then the appeal at the City Council. That way, the Council can deny the protest and approve the project at the same hearing. 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price. Contractor shall require, pursuantto Public Contract Code article 4108, all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid Forms. 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Bid Documents. 25. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds, in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications to perform the work described in these Bid Documents. The Owner reserves the right to: A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications, without exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner/joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% ofthe 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. yf m If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary. 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS A. Contract Bid Forms. The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda - Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. B. List of Proposed Subcontractors (Forms). State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one-half of one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent (0.5%) of the Total Bid Price. (2) Location. For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type/portion of work to be performed in the Contract. (4) Contractor License Number. For listed Subcontractors, list the contractor license number issued to the Subcontractor by the California Contractors State License Board. ME (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 ofthe Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDERS MIM CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 SECTION I - BID SCHEDULE CONTRACT BID FORMS BIDDER: BID SCHEDULE SCHEDULE OF PRICES FOR STRATHMORE AVENUE AND VIRGINIA STREET —ROADWAY REHABILITATION NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST 1 TRAFFIC CONTROL AND MOBILIZATION 1 LS $ $ TRENCH REPAIR ALONG STRATHMORE AVENUE AND VIRGINIA STREET. WORK LIMITS SHOWN ON APPENDIX B: PROJECT PLANS. WORKSHALL BE AS DETAILED IN APPENDIX A: GEOTECHNICAL EVALUATION — PAVEMENT SETTLEMENT REPORT DATED AUGUST 26TH, 2 2024. WORK SHALL INCLUDE REMOVAL AND 4,500 SF $ $ RE -COMPACTION OF BACKFILL MATERIALS TO A DEPTH OF 48" AND REPLACEMENT OF THE PAVEMENT, IN ACCORDANCE WITH APPENDIX A AND PER TS -4-111 THROUGH TS -5: CITY OF ROSEMEAD PAVING STANDARDS (SEE SHEET 4 OF APPENDIX B). COLD -MILL 2" EXISTING ASPHALT CONCRETE AND CONSTRUCT 2" AC (WEARING COURSE 3 SHALL BE C2 PG 64-10). WORK LIMITS AS 32,000 SF $ $ SHOWN ON SHEETS OF APPENDIX B -PROJECT PLANS. WORK SHALL INCLUDE CRACK SEALING. ADJUST MANHOLE COVERS TO GRADE, 4 COMPLETE AND IN PLACE. MANHOLES SHOWN 7 EA $ $ ON SHEET 3 OF APPENDIX B. ADJUST WATER/GAS VALVES TO GRADE, 5 COMPLETE AND IN PLACE. VALVES SHOWN ON 8 EA $ $ SHEET 3 OF APPENDIX B. ADJUST IN -ROAD VAULTTO GRADE, COMPLETE 6 AND IN PLACE. VAULT LOCATION SHOWN ON 1 EA $ $ SHEET 3 OF APPENDIX B. FURNISH AND INSTALL TRAFFIC STRIPING & PAVEMENT MARKINGS. WORK SHALL 7 INCLUDE INSTALLATION OF BLUE 1 LS $ $ RETROFLECTIVE RPMs. SEE SHEET 3 OF APPENDIX B: PROJECT PLANS FOR DETAILS. TOTAL BID AMOUNT IN NUMBERS 1 $ TOTAL BID AMOUNT IN WORDS: The award of Contract shall be based on the TOTAL BASE BID AMOUNT. CBF -2 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 D T C1 right as Items 4,1R, C, D and E are considered C. NPDES, W WECP, and Best Management inclusive each Bid Item listed above in Practices (BMPs), Public Convenience and the Bid Schedule as applicable, and no th Safety additional and/or separate compensation will D. Construction Stakingb Land Surve or 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. Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. If the Bid lists any Additive Alternate bids, the ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE above will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 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. CBF -3 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 undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -4 1101:1Ci 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 N Addendum No. Dated Addendum Addendum No. CBF -5 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 -6 PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -7 0 Signature Type or Print Name Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. rlu1 »cIa Business Street Address City, State and Zip Code Telephone Number 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. rel -9M] r SECTION 2 BID DATA FORMS 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: as Principal, and , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of ($ ),being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO 21851 -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 attomeys' fees to be fixed by the court. SIGNED AND SEALED, this day of Principal By: By: Signature CBF -10 Surety Signature 20 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 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 - 11 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 Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: License No.: Department of Industrial Relation Registration Name and Location of Subcontractor Address:_ License No.: Department of Industrial Relation CBF -12 Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted Registration No. BIDDER: 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. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -13 0 Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -14 SECTION 3 NON- COLL USION A FFIDA VIT CBF -15 „-. 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 Typed or Printed Name Title Bidder Subscribed and sworn before me This day of , 20_ Notary Public in and for the State of California My Commission Expires: CBF -16 (Seal) CONSTRUCTION CONTRACT STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 (COMPANY NAME) PARTIES AND DATE This Contract is made and entered into this day of 20 (Effective Date) by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and COMPANY NAME with its principal place of business at COMPANY ADDRESS (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851 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 Company Name Page 2 of 11 performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to Month, Date and Year unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Gloria Molleda, or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Project Manager, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and Company Name Page 3 of 11 procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees Company Name Page 4 of 11 appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon Company Name Page 5 of 11 request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A: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 Company Name Page 6 of 11 during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Company Name Address City, 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 9of11 it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] Company Name Page 10 of 11 CITY OF ROSEMEAD Ben Kim, City Manager Attest: Date Ericka Hernandez, City Clerk Approved as to Form: uate COMPANY NAME By: Signature Date Name: Print [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: Rachel Richman, City Attorney Date Name: Title: Company Name EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL Company Name INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractorshall obtain and maintain an umbrella or excess liability insurance policy 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: 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: 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. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. Company Name It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered Company Name shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any 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 STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 PERFORMANCE BOND 104 R 03 nurr"W to 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 STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851 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 parry shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - 1 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on , 20 Principal/Contractor By: President Surety By: Attorney -in -Fact The rate of premium on this bond is per thousand. The total amount of premium charged, (The above must be filled in by corporate surety.) PERFORMANCE BOND - 2 STATE OF CALIFORNIA ss. COUNTY OF ) On this day of , in the year , before me, allotary 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 ofthe (surety) thereto and his own name as Attorney -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 STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 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 STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851 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 - I 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, hi 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 I 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 PAYMENTBOND-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. PAYMENT BOND -4 CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 PART "A" GENERAL PROVISIONS Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2021 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications"), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made a part hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2018 edition, only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans", it shall mean the Standard Specifications for Public Works Construction ("Green Book"), 2021 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS - 1 PART 1 - GENERAL, PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 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 GENERAL PROVISIONS - 2 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. 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 alternatives selected by the City. Project Site - All of the property and/or facilities of the City where the Work will be performed pursuant to the Contract, as well as such adjacent lands as may be directly affected by the performance of the Work. Recyclable Waste Materials - Materials removed from the Project site which is required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. Special Provisions - Any provisions which supplement or modify the Standard Specifications, including these General Conditions (Part "A"), the Supplementary General Conditions (Part `B") and the Technical Provisions (Part "C"). Total Bid Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. Also sometimes referred to as the "Contract Price" in the Standard Specifications and other Contract Documents. - END OF SECTION - GENERAL PROVISIONS - 3 SECTION 2 SCOPE AND CONTROL OF WORK The project consists of trench repairs as detailed in Appendix A: Geotechnical Report. Project also includes cold -mill and overlay scope along Strathmore Avenue and Virginia Street, as detailed in Appendix B: Project Plans, as well as miscellaneous work as indicated on the construction plans, including other incidental and appurtenant work necessary for the proper completion of the project. 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 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." GENERAL PROVISIONS - 4 3-7 CONTRACT DOCUMENTS 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 GENERAL PROVISIONS - 5 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 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 GENERAL PROVISIONS - 6 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: "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." ils�,-IqIllII[13RIawe) aIT0.0% RIT-1►91711M"101111C 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, GENERAL PROVISIONS - 7 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. 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: GENERAL PROVISIONS - 8 "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 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 furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work." "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." GENERAL PROVISIONS - 10 "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 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 GENERAL PROVISIONS - I1 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 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 GENERAL PROVISIONS - 12 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. 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 may be 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." GENERAL PROVISIONS - 14 "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 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 GENERAL PROVISIONS - 15 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: "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." GENERAL PROVISIONS - 17 402-5 DELAYS 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 1 and 2 of the California Government Code (Sections 4215 and 4216) are incorporated by reference as if fully set forth herein. In the event of any conflict between the Standard Specifications and Government Code Sections 4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall prevail. Contractor should pay particular attention to the provisions of Section 4215 with regards to the relocation of utilities, the costs thereof, delays caused thereby and the indication of service laterals and appurtenances." "The right is reserved to the owners of public utilities or franchises to enter upon the streets for the purpose of making repairs or changes in their property which may be necessary as a result of the Work. Employees of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements." "Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison's secondary, primary and transition facilities. The term "qualified person" shall mean one who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by all Subcontractors." - END OF SECTION - GENERAL PROVISIONS - 18 SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The second paragraph of Section 6-1.1 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 carry out orders or to perform any or all of the requirements of the Contract; (3) when the Contractor fails or refuses to supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest or labor shortages of any kind); (4) when the Contractor fails or refuses to begin delivery of any GENERAL PROVISIONS - 19 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 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 GENERAL PROVISIONS - 20 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, 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 GENERAL PROVISIONS - 21 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 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" GENERAL PROVISIONS - 22 -END OF SECTION - GENERAL PROVISIONS - 23 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 seg. 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." GENERAL PROVISIONS - 24 "7-5.3.6 Travel and Subsistence Payments. As required by Section 1773.8 of the 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 Mana eg ment Practices Handbook for Construction Activities." WATER POLLUTION CONTROL A. Water Quality Protection Requirements For Construction Projects With Less than 1 - Acre Of Disturbed Soil GENERAL PROVISIONS - 25 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) 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 cabml2handbooks.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. GENERAL PROVISIONS - 26 In addition, the contractor must contact the Los Angeles Regional Water Quality Control Board (LARWQCB) if the project will disturb I -Acre or more of soil. Construction activities can not begin until a Waste discharger Identification (WDID) Number is issued by the State Water Board. The 1 -Acre threshold includes the total amount of land disturbance. For example, if four streets, each 1/4 -acre in size in different parts of the City are to be reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI) you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 41h. Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576-6600; Fax: (213) 576-6640 Internet Address: httn://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 GENERAL PROVISIONS - 27 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 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 (WMOI, WM02, and WM04) 3. Vehicle and Equipment Management (NS8, NS9, and NS10) 4. Physical Stabilization (EC7, EC12, NS4, TC1, and TC2) 5. Sediment Control Practices (SEI, SE9, SE8, SE10, SE3, and SE2) Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association Los Angeles County DPW P.O. Box 2313 Cashier's Office Livermore, CA 94551 900 South Fremont Avenue www.cabmphandbooks.com Alhambra, CA 91803 Tel. No. (626) 458-6959 D. Implementation The Contractor will be responsible throughout the duration of the project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor's activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil -disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil -disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction GENERAL PROVISIONS - 28 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 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 GENERAL PROVISIONS - 29 (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: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause 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 SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. J. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except GENERAL PROVISIONS - 30 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." 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: GENERAL PROVISIONS - 31 "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 article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use." 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, GENERAL PROVISIONS - 32 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 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 - 33 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 7-3.1of the Standard Specifications shall be amended to also add the following at the end of that Section: "Payment for the various items on the Contract Bid Forms, as further specified in the Contract, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of Work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these General Conditions, and as shown on the Drawings, including all appurtenances thereto. Compensation shall include all costs of compliance with the regulations of public agencies having jurisdiction over the Work, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA)." GENERAL PROVISIONS - 34 "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 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 s " "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 - 35 CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 PART "B" SUPPLEMENTAL GENERAL CONDITIONS STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851 SUPPLEMENTARY GENERAL CONDITIONS 10-1 GENERAL 10-1.1 Description of Work The project consists of trench repairs as detailed in Appendix A: Geotechnical Report. Project also includes cold -mill and overlay scope along Strathmore Avenue and Virginia Street, as detailed in Appendix B: Project Plans, as well as miscellaneous work as indicated on the construction plans, including other incidental and appurtenant work necessary for the proper completion of the project. 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 FIFTEEN (15) 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. 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 for calling Underground Service Alert at 811 at least 72 hours prior to commencing any work. 10-6 CONSTRUCTION WATER It shall be the responsibility of the contractor to furnish an adequate supply of water for construction use. 10-7 AIR AND WATER POLLUTION SUPPLEMENTARY GCs -3 The Contractor shall be required to conform to all current regulations of the South Coast Air Quality Management District. The Contractor shall also conform to Section 402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of municipal, industrial and construction stormwater discharges under the National Pollutant Discharge Elimination System (NPDES) program. 10-8 HAZARDOUS MATERIAL NOTIFICATION A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all hazardous materials which are brought on site by the Contractor. A MSDS is required for any product which may contain hazardous materials. The contractor must alert the City Engineer of the quantity and type of hazardous material which will be brought on site. The MSDS sheets must be submitted to the City Engineer at least two (2) business days prior to starting work. The City Engineer may require the City Safety Officer or his designee to review the MSDS for approval of use. The contractor shall be responsible for notifying Underground Service Alert (800) 422- 4133 and all utility companies having substructures within the limits of the job. This shall be done at least 72 hours prior to commencing construction. 10-9 PUBLIC CONVENIENCE AND SAFETY The contractor shall conduct his operations to comply with the provisions of section 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 furnished under the contract to remain in force for said amount until the expiration of the required period. 10-14 SANITATION All portions of the work shall be maintained at all times in sanitary condition. The contractor shall provide adequate toilet facilities for all workmen and representatives of the owner employed on the work. Such facilities shall be subject to the acceptance of the owner as to location and type. The contractor shall maintain the same in sanitary condition from the beginning of the work until completion and then shall remove the facilities and disinfect the premises if necessary. The contractor shall be responsible for alleviating all dust and nuisance conditions occasioned by his work. Each day, at the completion of the day's work, the entire trench area and adjacent streets shall be swept and cleaned to the satisfaction of the City Engineer or his appointed representative. The contractor shall cover all storm drain catch basins during excavation and sweeping operations to prevent excavated materials from entering the catch basins. 10-15 SITE MAINTENANCE 1.01 General. The Contractor shall maintain the construction site in a neat and orderly condition, free from trash and waste construction materials at all times. Unattended construction materials, equipment, and trash shall be left in a manner to not constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. SUPPLEMENTARY GCs -6 The Contractor shall provide proper barricades with flashing lights properly working and temporary fencing to insure a safe construction site. The Contractor shall maintain the work site in a manner that assures adequate access to workers and other authorized personnel. The Contractor shall provide proper traffic control in all construction areas. 1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to abate undue dust. Application of water for dust control shall be under the control of the Engineer and shall be applied in the amounts and at locations designated by the Engineer or other City Representatives. 1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm or other water from flowing uninterrupted along the existing street drainage courses. Diversion of water for short reaches to protect construction may be permitted if public or private properties are not threatened with damage. Should such diversions be necessary, the Contractor shall obtain written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside rights-of-way or normal drainage courses. 1.04 Protection of Existing Improvements. Construction operations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor shall work around all existing utility facilities. During construction the Contractor shall cooperate with the owners of any utility that has manholes, vaults, valve covers or any other facilities within the construction area. These facilities shall be completely protected by the Contractor. The Contractor shall exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless otherwise specified, all costs for protection of existing improvements shall be absorbed in the various items of work and no separate payment shall be made for them. 1.05 Restoration of Existing Improvements. All existing improvements removed or damaged during construction shall be reconstructed in accordance with the applicable provisions of the Standard Specifications for Public Works Construction, 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. 10-16 CLEARING AND GRUBBING 2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and Grubbing" of the Standard Specifications. In addition, the following items of work are included under Clearing and Grubbing, unless otherwise covered by specific bid items: A. Maintaining dust control at all times by watering and sweeping. B. Providing traffic control and maintaining access, security and safety including all signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in these specifications. C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures. D. Removing, storing, and replacing removable and portable items and their safe handling and keeping. E. Providing temporary pumps, conduits, and any other necessary means to convey waste waters in order to bypass the construction as needed and as approved by the Engineer. F. Saw cutting Portland cement concrete and asphalt concrete pavement for construction of smooth and straight joins. G. Providing shoring, sheeting, bracing, etc. for excavations SUPPLEMENTARY GCs -8 10-17 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. 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 STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 PART "C" TECHNICAL PROVISIONS STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT TECHNICAL PROVISIONS SECTION 1- SITE MAINTENANCE 1.01 General. The Contractor shall maintain the construction site in a neat and orderly condition, free from trash and waste construction materials at all times. Unattended construction materials, equipment, and trash shall be left in a manner to not constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The Contractor shall provide proper barricades with flashing lights properly working and temporary fencing to insure a safe construction site. The Contractor shall maintain the work site in a manner that assures adequate access to workers and other authorized personnel. The Contractor shall provide proper traffic control in all construction areas. 1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to abate undue dust. Application of water for dust control shall be under the control of the Engineer and shall be applied in the amounts and at locations designated by the Engineer or other City Representatives. 1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm or other water from flowing uninterrupted along the existing street drainage courses. Diversion of water for short reaches to protect construction may be permitted if public or private properties are not threatened with damage. Should such diversions be necessary, the Contractor shall obtain written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside rights-of-way or normal drainage courses. 1.04 Protection of Existing Improvements. Construction operations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor shall work around all existing utility facilities. During construction the Contractor shall cooperate with the owners of any utility that has manholes, vaults, valve covers or any other facilities within the construction area. These facilities shall be completely protected by the Contractor. The Contractor shall exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless otherwise specified, all costs for protection of existing improvements shall be absorbed in the various items of work and no separate payment shall be made for them. TECHNICAL PROVISIONS TP -1 1.05 Restoration of Existing Improvements. All existing improvements removed or damaged during construction shall be reconstructed in accordance with the applicable provisions of the Standard Specifications for Public Works Construction, 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. 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 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. SECTION 2 - CLEARING AND GRUBBING 2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and Grubbing" of the Standard Specifications. The following paragraphs shall be added to Subsection 300-1.3, Removal and Disposal of Materials of the Standard Specifications: "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. 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 -2 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". In addition, the following items of work are included under Clearing and Grubbing, unless otherwise covered by specific bid items: A. Maintaining dust control at all times by watering and sweeping. B. Providing traffic control and maintaining access, security and safety including all signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in these specifications. C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures. D. Removing, storing, and replacing removable and portable items and their safe handling and keeping. E. Providing temporary pumps, conduits, and any other necessary means to convey waste waters in order to bypass the construction as needed and as approved by the Engineer. F. Saw cutting Portland cement concrete and asphalt concrete pavement for construction of smooth and straight joins. G. Providing shoring, sheeting, bracing, etc. for excavations. H. Removing, relocating, and replacing all sprinkler lines, heads, valves, and other landscaping items interfering with the construction of improvements. 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. TECHNICAL PROVISIONS TP -3 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. P. Replace and adjust to grade water/gas meter boxes as necessary. 2.02 Payment. Remove subsection 300-1.4, Payment of Standard Specifications 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 in the bid schedule". SECTION 3 - CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT 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 o their property. The notice shall be distributed not less than 48 hours before commencement of work. The Contractor shall provide a sample notification to the Engineer for approval. 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. TECHNICAL PROVISIONS TP -4 SECTION 4 - COLD PLANING ASPHALT CONCRETE PAVEMENT 4.01 General. The Contractor shall cold plane the asphalt concrete pavement roadway area within the limits of the project as dimensioned on the plan and as directed by the Engineer, all in accordance with Section 404 "Cold Milling Asphalt Concrete Pavement' of the Standard Specifications. Cold planing shall be as indicated on the plans. Contractor shall install temnorary striping immediately after cold planning. Contractor shall apply wear course overlav not more than 72 hours after cold milling. 4.02 Payment. Payment for cold planing asphalt concrete pavement shall be made on a square foot basis and at the unit price bid under Bid Item No. 3. The unit prices paid shall include full compensation for furnishing all labor, material, tools, and equipment and doing all work as specified herein including removal and disposal of all loosened material, sweeping, dump fees, and incidentals and doing all the work involved as specified herein and as directed by the Engineer. SECTION 5 — ASPHALT CONCRETE PAVEMENT AND OTHER ASPHALT ITEMS 5.01 General. Asphalt concrete pavement shall be constructed in accordance with Section 203, "Bituminous Materials" and Section 302-5, "Asphalt Concrete Pavement' of the Standard Specifications and the Plans. 5.02 Asphalt Concrete Pavement Overlay and Asphalt Patch Reconstruction. Asphalt concrete pavement reconstruction shall be constructed in accordance with Section 302-5, "Asphalt Concrete Pavement' of the Standard Specifications. The replacement asphalt concrete pavement adjacent to new concrete construction shall be equal to the thickness of the edge of gutter, of the cross gutter or of the local depression plus 3/8 inches lip. 5.03 Subgrade. Asphalt concrete pavement shall be constructed on compacted native subgrade. 5.04 Clean Concrete Improvements After Asphalt Concrete Pavement Overlay. The Contractor shall remove all asphalt concrete pavement overlay that spills onto the concrete curb gutter, cross gutter, local depression and all other concrete improvements. Removal shall be done as soon as the asphalt concrete pavement has been laid. Any oil or other spillage onto concrete improvements shall also be removed in a manner to leave them completely clean of any paving material. 5.05 Payment. Payment for Asphalt Concrete Pavement and Patch will be made at the unit price bid under each respective Bid Item as listed on the bid schedule. The unit prices paid shall include full compensation for furnishing all labor, material, tools, and equipment to complete the work specified herein and as directed by the Engineer, including the costs for removal, disposal, and disposal fees. Subgrade preparation and cleaning of concrete improvements will be included in the cost bid for Asphalt Concrete Pavement. TECHNICAL PROVISIONS TP -5 SECTION 6 — TRENCH RESTORATION Trench Restoration Shall Be Conducted As Detailed Per Geotech Report, See Appendix A. SECTION 7 — NOT USED SECTION 8 — TACK COAT 8.01 General. Tack Coat per subsection 302-5.4 of SSPWC and add the following: a. 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. 1.) On the construction of new AC pavement section, tack coat shall be applied on base course before the wearing course is applied. 2.) 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. 3.) 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 SSIh applied uniformly at .20 gallons per square yard each coat. 4.) The CONTRACTOR shall place the tack coat in a manner to prevent vehicles from driving through the tack coat. b. Measurement and Payment subsection 302-5.4 of Standard Specifications, revise to: Full compensation for tack coat shall be included in the Bid Item for AC coldmill and overlay. SECTION 9 - ADJUST MANHOLE FRAME AND COVER TO GRADE 9.01 General. All manhole frames and covers shall be marked as to their location by the Contractor prior to placement of the asphalt concrete pavement. Upon completion of the asphalt concrete pavement and after reasonable time is allowed for setting, the Contractor shall raise the manhole frames and covers to grade in accordance with Section 403 of the Standard Specifications, "Adjustment of Manhole Frame and Cover Sets to Grade" of the Standard Specifications. 9.02 Manhole Frame and Cover or Vault. The manhole frame and cover or concrete vaults that are at the finish grade of the street shall be protected along with the vault during the cold milling and paving operations. Contractor shall clean any concrete left inside existing main line. TECHNICAL PROVISIONS TP -6 9.03 Payment. Payment for adjusting manhole frames and covers to grade will be made at the unit price bid under Bid Item 4. The unit price paid shall include full compensation for furnishing all labor, material, tools, and equipment and doing all work as specified herein and as directed by the Engineer. SECTION 10 - ADJUST WATER AND GAS VALVE COVER TO GRADE 10.01 General. The Contractor shall remove all dirt and debris from existing valve covers to be adjusted. The Contractor shall furnish adjustable slip-on metal cans to be placed within existing metal cans. Existing covers shall be adjusted to new pavement grade on slip-on cans during paving operation. Contractor shall clean inside of gas valve or water valve after pavement. 10.02 Payment. Payment for adjusting value covers will be made at the unit price bid under Bid Item No. 5. The unit price paid shall include full compensation for furnishing all labor, tools, material including slip-on cans, and equipment involved in raising covers to grade as specified herein and as directed by the Engineer. SECTION 11- SIGNING, STRIPING AND PAVEMENT MARKERS 11.01 GENERAL All equipment, materials, machines, and components used for signing, striping, stenciling, and the installation thereof, shall conform to the State of California, Department of Transportation (CALTRANS) Standard Specifications, Latest Edition, and the California Manual on Uniform Traffic Control Devices (CAMUTCD) for Streets and Highways, Latest Edition. Section 15: EXISTING HIGHWAY FACILITIES Section 84: TRAFFIC STRIPES AND PAVEMENT MARKINGS The Caltrans plans and Specifications are hereinafter referred to as State Standard Plans (SSP) and State Standard Specifications (SSS). The following technical provisions are supplementary and in addition to the provisions of the State of California Department of Transportation Standard Specifications, and are only called out to elaborate, to amend, to specify an option, to add thereto, delete all or part thereof, or emphasize an important task. The Contractor shall furnish and install all materials required for the completion of work as shown on the plans. TRAFFIC STRIPES AND PAVEMENT MARKINGS 84-1 GENERAL Description. TECHNICAL PROVISIONS TP -7 a. All work shall conform to the latest edition of Caltrans Standard Plans, Standard Specifications, and California Manual on Uniform Traffic Control Devices (CAMUTCD). b. Pavement striping and markers including centerlines, lane lines, limit lines, crosswalks, legends and all other pavement markings shall be thermoplastic. Traffic striping, raised pavement markers, reflective materials, the application of thermoplastic striping and pavement markings, and the installation of raised pavement markers shall conform to the provisions in the Caltrans Standard Specifications, Sections 84, "Traffic Stripes and Pavement Markings" and Section 85, "Pavement Markers". c. Striping details, pavement legends and symbols shall conform to those in Caltrans Standard Plans. Pavement legends and symbols shall be white, unless noted otherwise. d. Lane line and/or centerline pavement delineation, where existing or called for on the Plans, shall be provided at all times for traveled ways open to public traffic. Whenever the Work causes obliteration of pavement delineation, temporary pavement delineation or permanent traffic stripes of the appropriate color and detail shall be in place. In the locations shown on the Plans, prior to opening the travelled way to public traffic. e. Striping shall be cat tracked and approved by the City Inspector prior to final installation. f All conflicting existing striping, painted symbols and raised pavement markers shall be removed. The removal of painted markings and raised pavement markers shall conform to the provisions of the Caltrans Standard Specifications. g. Thermoplastic pavement marking materials and installation shall conform to Caltrans Standard Specifications Section 84-2. Materials shall consist of extruded Alkyd Binder Thermoplastic in conformance with State Specification 8010-19A. Application shall be by ribbon or extruded methods only (no spraying). h. Pavement damaged due to removing raised pavement markers shall be repaired to the satisfaction of the City Inspector. i. All lane lines at intersection approaches and departures shall begin and end with 50 -feet of 4 -inch solid white line. j. Payment Pavement marking and striping shall be paid per Lump -Sum and shall include removal of existing pavement striping, legend and markings and installation of new pavement striping, legend and marking as indicated on the plan. 84-2 THERMOPLASTIC Thermoplastic shall be used on all striping details, crosswalks, pavement markings, and arrows. TECHNICAL PROVISIONS TP -8 84-3 PAINTED TRAFFIC STRIPING AND MARKINGS Materials. Contractor shall furnish and install raised pavement markers (RPMs) for all striping details. A_nnlication. The Contractor shall furnish and install traffic delineation using painted "Cat Tracking," temporary marking tape, or other approved media on the same working day as existing striping is lost, in locations consistent with the striping plan(s). If temporary -marking tape is used, all tape shall be removed prior to installation of permanent striping. 1.02 PAYMENT. No separate payment will be made for Signing and Striping. All costs for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, as specified herein and as directed by the Engineer, shall be included in Bid Items Signing and Striping made at the unit price bid under Bid Item No. 7. No additional compensation shall be made. 1.03 REMOVAL OF CONFLICTING STRIPING. Spotting shall be completed prior to removal of any existing striping. Existing striping and markings shall be removed prior to painting new striping and markings. No streets shall be left without the proper striping for more than 24 hours, or over weekends or holidays. All traffic lanes open to the public shall have line delineation. Existing striping, pavement legends and markings that do not conform to the plan shall be removed by wet sandblasting per Section 15-2.02B, "Traffic Stripes and Pavement Markings," and Section 15-2.02C, "Pavement Markers," of the State of California Department of Transportation Specifications. All striping that is to be removed must be removed by wet sand blasting method. Sand blasting debris shall be removed before the end of each working day. No "Blanking Out' or temporary covering will be allowed. All stripping removals shall include removal of associated raised pavement markers. 1.04 PAYMENT. No separate payment will be made for Removal of Conflicting Striping. All costs for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, as specified herein and as directed by the Engineer, shall be included in Bid Items for Signing and Striping. No additional compensation shall be made. TECHNICAL PROVISIONS TP -9 CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 PART "D" APPENDIX V—ITOJ jo-W, I I Dim APPENDIX A - GEOTECHNICAL REPORT - STRATHMORE AVE AT VIRGINIA ST /�/iayo&/�oore Geotechnical & Environmental Sciences Consultants Geotechnical Pavement .,y. fs. • kR ,r•. Avenue , r, eR 1 Strathmore Rosemead, California Mr. Albert Leung City of Rosemead 8838 E. Valley Boulevard I Rosemead, California 91770 August 26, 2024 1 Project No. 212683001 Michael Rogers, PG, C G Principal Geologist 1. MER/GMS/mlc 2364 a "M� Garreth M. Saiki, PE, GE Principal Engineer �OQI 475 Goddard, Suite 2001 Irvine, California 92618 1 p. 949.753.7070 1 www ninvoandmoore.00m NO GE2509 CONTENTS I INTRODUCTION 1 2 SCOPE OF SERVICES 1 3 SITE CONDITIONS 2 4 BACKGROUND 2 5 SUBSURFACE EVALUATION AND LABORATORY TESTING 3 6 CONE PENETRATION TESTING RESULTS 4 7 COMPACTION ANALYSIS 5 8 DISCUSSION AND CONCLUSIONS 6 9 RECOMMENDATIONS 6 10 LIMITATIONS 8 11 REFERENCES 9 TABLES 1 — Relative Compaction and Blow Count Summary 5 FIGURES 1 — Site Location 2 — Site Exploration Plan APPENDICES A— Photographs B — Boring Logs & CPT Plots C — Laboratory Test Results Ninyo & Moore I Pavement Settlement, Strathmore Avenue & Virginia Street, Rosemead, California 12126830011 August 26, 2024 i INTRODUCTION In accordance with your request and authorization, we have performed a geotechnical evaluation of the pavement settlement at the storm drain trench along Strathmore Avenue and Virginia Street in Rosemead, California (Figure 1). We understand that a storm drain was installed under the roadways in 2007 during reconfiguration of Virginia Street and extension of Strathmore Avenue. We were informed that settlement of the pavement was noted along the alignment of the storm drain trench on Virginia Street east of the intersection of Strathmore Avenue dating back to 2019. The pavement settlement has subsequently extended southward along the storm drain trench alignment on Strathmore Avenue. The purpose of this study was to evaluate the cause of the settlement, and provide repair recommendations. Our study was conducted in general accordance with the scope of services presented in our proposal dated April 3, 2024. 2 SCOPE OF SERVICES The scope of our geotechnical services included the following: • Project planning and coordination with City of Rosemead personnel. • Review of readily available background data, including published geotechnical literature, historical aerial photographs, geologic maps, and project -related electronic -mail correspondence and storm drain plans provided by the City personnel. • Acquisition of a City of Rosemead encroachment permit to perform exploratory borings and Cone Penetration Tests (CPTs) within the City's right-of-way. • A field reconnaissance to meet with City personnel, observe and document the existing site conditions, and to mark -out the proposed boring and CPT locations for utility clearance by Underground Service Alert. • Subsurface exploration consisting of drilling, logging, and sampling of four small -diameter borings within the storm drain trench backfill to depths of up to approximately 9 feet below the ground surface. • Performance of fourteen CPT soundings to depths up to approximately 20 feet along Strathmore Avenue and Virginia Street, both within and outside the storm drain trench backfill, to evaluate the conditions of the subgrade materials relative to the reported pavement settlement (Figure 2). • Geotechnical laboratory testing of representative soil samples obtained from the exploratory borings, including evaluation of in-situ moisture, No. 200 sieve gradation, and proctor density. • Data compilation and engineering analysis of the information obtained from our background review, subsurface evaluation, and laboratory testing. • Preparation of this geotechnical report presenting our findings, conclusions, and repair recommendations. Ninyo & Moore I Strathmore Avenue & Virginia Street Rosemead, California 12126830011 August 26, 2024 3 SITE CONDITIONS The subject site extends along Strathmore Avenue approximately 350 feet north of Garvey Avenue, and along Virginia Street approximately 270 feet east of the intersection with Strathmore Avenue (Figure 1). The roadways are two-lane, local streets surfaced by asphalt concrete (AC) pavement and bordered by concrete curbs, gutters and sidewalks (Appendix A; Photographs 1 through 8). The site consists of relatively flat topography gently sloping down to the east with ground surface elevations ranging from approximately 295 to 300 feet above mean sea level (City of Rosemead, 2007). Review of regional geologic maps indicates the site is underlain by alluvial sediments comprised of gravel, sand, silt and clay sediments. Historical high groundwater is at a depth of approximately 30 feet (California Department of Conservation, Division of Mines and Geology, 1998). 4 BACKGROUND Based on review of background documents and information from City personnel, we have the following understanding of the background related to the reported pavement settlement: Installation of the storm drain under the roadways at the site was performed in 2007 during reconfiguration of Virginia Street and extension of Strathmore Avenue north of Garvey Avenue. The City record drawings from 2007 indicate the storm drain consists of a 24 -inch -diameter rubber gasketed reinforced concrete pipe (RCP) installed between the east end of Virginia Street and the south end of Strathmore Avenue at Garvey Avenue, a length of approximately 628 feet (Figure 2). The plans indicate the top of the 24 -inch -diameter RCP varies from approximately 5 feet below the ground surface (at the east end of Virginia Street) to approximately 10 feet below the ground surface at the intersection of Virginia Street and Strathmore Avenue and along Strathmore Avenue. • Geotechnical Notes on the storm drain plans specify a minimum 90 percent relative compaction of the trench backfill soils (City of Rosemead, 2007). • There are no available geotechnical reports or soil density testing data associated with the construction of the subject storm drain pipe. • Settlement of the pavement was initially noted along the alignment of the storm drain trench on Virginia Street east of the intersection of Strathmore Avenue. Information from City personnel and review of historical aerial images indicates that repairs to the pavement on Virginia Street in connection with the settlement were first made in 2019 (Google Earth, 2024). • Paving contractors for the City have made repairs on several occasions at the site from 2019 to 2024 involving subgrade re -compaction and pavement replacement. Ongoing settlement of the pavement has been noted. City personnel and contractors described "sinkholes" in the pavement at the site. Ninyo & Moore I Strathmore Avenue & Virginia Street, Rosemead, California 12126830011 August 26, 2024 • The pavement settlement has subsequently extended southward along the storm drain trench alignment on Strathmore Avenue. Review of historical aerial images indicates that the pavement repairs extended onto Strathmore Avenue in 2023 (Google Earth, 2024). • The Los Angeles County Public Works Department has checked the storm drain pipe and sewer pipe at the site and reported to the City that there were no deficiencies with the pipes. Golden State Water did not find water pipeline leaks at the site during a sound test. • More recent repairs were made to the roadway by City personnel in March 2024, involving placement of crushed aggregate base and temporary AC in the affected settlement area on Strathmore Avenue. City personnel reported that the storm drain trench materials encountered during the repairs consisted of silty sand that had poor compaction qualities. 5 SUBSURFACE EVALUATION AND LABORATORY TESTING Subsurface exploration at the site was performed on July 24, 2024, and consisted of the drilling, logging, and sampling of four small -diameter borings (Borings B-1 through B-4) to depths up to approximately 9 feet within the storm drain trench backfill. The AC pavement was cored and the borings were excavated using a 3 -inch -diameter hand auger. Two borings (Borings B-2 and B-3) were drilled within the previously repaired pavement area at the intersection of Strathmore Avenue and Virginia Street. The other two borings, Borings B-1 and B-4, were drilled beyond the southern and eastern limits of the repaired area, respectively. The borings were logged by a representative from Ninyo & Moore. The purpose of the borings was to evaluate the subsurface soil conditions and collect bulk and relatively undisturbed samples for laboratory testing. The borings were backfilled with sand and capped with hard -setting temporary AC patch after completion. The subsurface exploration also included the performance of fourteen CPTs to depths ranging from approximately 6 to 20 feet below the ground surface. Ten of the CPTs (CPT -1, 2, 5, 6, 7, 9, 10, 11, 13 and14) were strategically located over the storm drain trench backfill and four of the CPTs (CPT -3, 4, 8 and 12) were located outside the storm drain trench. Two of the CPTs (CPT -6 and CPT -9) were located within the previously repaired trench at the intersection of Strathmore Avenue and Virginia Street. The approximate locations of the exploratory borings and CPTs are presented on Figure 2. Photographs of the field exploration and noted site conditions are presented in Appendix A. The logs of the exploratory borings and plots of the CPT soundings are presented in Appendix B. The roadway pavement was cored during our subsurface exploration at Borings B-1 to B-4 and consisted of AC that ranged from approximately 4 to 6 inches thick. In Boring B-3 (within the previously repaired settlement area) the pavement was underlain by approximately 5 inches of aggregate base. The storm drain trench backfill encountered in Borings B-1 to B-4 consisted of brown, moist, loose, gravelly, silty sand and clayey sand to the depths explored of 9 feet. Some Ninyo & Moore I Strathmore Avenue & Virginia Street, Rosemead, California 12126830011 August 26, 2024 3 driven samples in the storm drain backfill below a depth of 4 feet were not recovered due to the loose nature of the soils. Easy hand augering conditions and a possible void in the soil were noted in Boring B-1 below a depth of approximately 2 feet. Laboratory testing of representative samples was performed to evaluate in-situ moisture content, No. 200 sieve gradation, and Proctor density. Moistures and density test results are presented in the boring logs in Appendix B. The remaining results of the laboratory test results are presented in Appendix C. 6 CONE PENETRATION TESTING RESULTS Our evaluation of the CPT results generally utilized the cone tip resistance values to assess the relative conditions of the storm drain trench backfill soils. A summary of the CPT results includes the following: The materials underlying the pavement at a depth of approximately 1 to 2 feet at each of the CPT locations are relatively dense, showing higher tip resistance, likely due to traffic loading and compaction of the near -surface subgrade materials. The top of the storm drain pipe was encountered by the cone tip in CPT -1, 5, 6, 9, 10 and 11, as indicated by the abrupt increase in tip resistance at depths ranging from approximately 6 to 10 feet. These depths are consistent with the storm drain design plans. CPT -7 was performed within the storm drain trench limits. However, the cone tip did not encounter the top of the RCP storm drain, since the cone likely passed by the side of the 24 -inch diameter pipe. Relatively low tip resistance values were noted within the CPTs performed in the storm drain trench backfill. In particular, tip resistance values generally less than 11 tons per square foot (tsf) was noted at the following locations in the storm drain trench backfill: o CPT -2 at a depth of approximately 3'/a to 4a/< feet. o CPT -5 at a depth of approximately 5'/z to 8 feet. The top of the pipe was encountered at approximately 8 feet. o CPT -6 at a depth of approximately 5 to 7 feet. o CPT -7 at a depth of approximately 4 to 7'/: feet. o CPT -9 at a depth of approximately 3% to 7 feet, and 8 to 9 feet. The top of the pipe was encountered at approximately 9 feet. o CPT -10 showed particularly low tip resistance in comparison with the other CPTs performed in the storm drain trench backfill. With exception of a thin (2 to 3 inches) layer at a depth of approximately 5 feet, the materials in CPT -10 from a depth of approximately % foot to 9'/z feet showed low tip resistance. The CPT subconsultant indicated that the soils were very loose at the location of CPT -10, including some zero friction readings at the cone tip. Ninyo & Moore I Strathmore Avenue & Virginia Street, Rosemead, California 12126830011 August 26, 2024 0 CPT -11 at a depth of approximately 5% to 9'/ feet. The top of the pipe was encountered at approximately 10 feet. CPT -13 at a depth of approximately 6'/z to 8'/z feet. The top of the pipe was encountered at approximately 9'/z feet. • Higher tip resistance values were noted within CPT -1 performed at the eastern extent of the storm drain trench on Virginia Street. Specifically, CPT -1 showed tip resistance values of 14 tsf or higher. • Higher tip resistance values were noted within CPT -14 performed at the southern extent of the storm drain trench on Strathmore Avenue. Specifically, CPT -14 showed tip resistance values of 16 tsf or higher. • Generally higher tip resistance values were noted in the CPTs performed outside the storm drain trench, including in CPT -3, CPT -8, and CPT -12. However, the materials encountered in CPT -4 performed outside of the storm drain trench alignment, showed low tip resistance, generally less than 11 tsf, at a depth of approximately 3'/2 to 7% feet. We are not aware whether native or fill materials exist at this location. 7 COMPACTION ANALYSIS An evaluation of the relative compaction of the trench backfill in borings B-1 through B-4 was performed utilizing the data obtained from our field and laboratory testing. For the purpose of our analysis, the in-situ dry density from the samples was used to calculate the percent compaction relative to our Proctor density results presented in Appendix C. Table 1 presents the relative compaction for borings B-1 through B-4. Table 1 also shows the blow counts for the soil samples obtained using a 35 -pound hammer. 2.0-3.0 - - 28 89 20 88 10 88 3.0-3.7 8for 8" 82 - - - - - - 4.0-5.0 - - 12 NR 6 NR 10 NR 5.0-6.0 - - - - 12 NR 16 92 7.0-8.0 8 84 16 NR - - - Notes: NR = No recovery of sample. 1— Relative to Figure C-2 Proctor Density Test Results. A summary of our relative compaction analysis includes the following: The materials encountered in Boring B-1 on Strathmore Avenue south of the repaired pavement area showed low blow counts and low relative compaction (82 percent and 84 percent) in the storm drain trench backfill soils. It is noted that particularly low tip resistance values were observed within CPT -10 performed at this location. Ninyo & Moore ( Strathmore Avenue & Virginia Street, Rosemead, California 12126830011 August 26, 2024 Low blow counts indicative of loose consistency and poor sample recovery was experienced in the loose, sandy soils in Borings B-2, B-3 and B-4 at depths ranging from approximately 4 to 7 feet. It is noted that low tip resistance values were observed within CPT -9, CPT -7 and CPT -6 performed in the storm drain trench backfill at these locations, respectively. 8 DISCUSSION AND CONCLUSIONS The purpose of our study was to evaluate the cause of the pavement settlement at the storm drain trench along Strathmore Avenue and Virginia Street, and to assess the extent of the areas to be considered for repair. To accomplish this, we reviewed the original project plans and geologic background materials, performed site reconnaissance, conducted subsurface exploration and laboratory testing, and performed geotechnical analysis of the collected data. Based on our evaluation, we conclude that the pavement settlement noted at the storm drain trench is due to settlement of loose trench backfill soils placed above the 24 -inch diameter RCP storm drain during construction. We further conclude that the pavement beyond the previously repaired area at the intersection (i.e., farther east on Virginia Street and farther south on Strathmore Avenue) is potentially subject to settlement due to the presence of the loose storm drain trench backfill underlying the roadways. Our conclusions are based on the following: Noted settlement of the pavement along the alignment of the storm drain trench has been documented since 2019. The settlement initially manifested at the intersection of Strathmore Avenue and Virginia Street. Repairs were made to re -compact the subgrade and restore the pavement. However, the damage to the pavement re -occurred, and subsequently extended along the storm drain alignment to the east and south. The ongoing settlement is indicative of low compaction trench material. • Our subsurface exploration encountered loose storm drain trench backfill soils during hand- augering. Low blow counts were noted in the exploratory borings. Some samples taken in the exploratory borings were not recoverable due to their loose, sandy nature. • Low relative compaction of the storm drain trench backfill soils (82 percent and 84 percent) was noted in Boring B-1. • Relatively low tip resistance values were noted in CPT -2, CPT -5, CPT -6, CPT -7, CPT -9, CPT - 11 and CPT -13 performed in the storm drain trench backfill, generally at depths ranging from approximately 3/< to 9'/ feet. The low tip resistance is indicative of loose materials. 9 RECOMMENDATIONS Based on the results of our geotechnical evaluation, the pavement settlement at the subject site can be mitigated by removal and re -compaction of the storm drain trench backfill materials and replacement of the pavement, in accordance with the recommendations presented below. Ninyo & Moore I Strathmore Avenue & Virginia Street, Rosemead, California 12126830011 August 26, 2024 The repair work should consist of removing and recompacting the loose, unsuitable storm drain trench backfill materials to a depth of approximately 4 feet below the ground surface. In our opinion, replacing the loose trench backfill with an approximately 4 -foot -thick layer of suitable recompacted backfill will bridge the deeper loose trench materials and provide adequate support for the pavement. The repair excavation should be made wide enough to encompass the original trench configuration made for installation of the 24 -inch -diameter RCP. Ninyo & Moore should be retained to check the extent of loose trench materials during the removals. The trench materials exposed at the bottom of the repair excavation should be scarified to a depth of 6 inches and compacted to a relative compaction of 90 percent. Fill should be placed in lifts generally not exceeding 8 inches in loose thickness and compacted to the subgrade elevation. The on-site storm drain trench silty sand backfill soils are generally suitable for re -use as compacted fill. Placement and compaction of fill should be in general accordance with the City of Rosemead grading ordinances and good construction practices. Trench backfill should be compacted to a relative compaction of 90 percent or more as evaluated by ASTM International (ASTM) D 1557. Aggregate base materials beneath pavement should be compacted to a relative compaction of 95 percent or more as evaluated by ASTM D 1557. Aggregate base materials should generally be moisture conditioned to slightly above the optimum moisture content. Based on the results of our study and CPT testing, consideration may be given to removing and recompacting the storm drain trench materials generally between the locations of CPT -4 and CPT - 11. The suggested limits of the removal and recompaction are based on the following: • Relatively low CPT tip resistance values were noted in the storm drain trench materials on Strathmore Avenue and Virginia Street between the locations of CPT -4 and CPT -11. • Relatively higher tip resistance values were noted in the upper approximately 2 to 3 feet in CPT -1 and CPT -2 at the eastern end of the storm drain trench, which should provide adequate support for the pavement at these locations. Additionally, the storm drain trench materials are shallower at this end of the project, approximately 6 feet deep, and did not show a substantial zone of low tip resistance material at depth. • Relatively higher tip resistance values were noted in the upper approximately 3 to 4 feet in CPT -13 and CPT -14 at the southern end of the storm drain trench, which should provide adequate support for the pavement at these locations. Ninyo & Moore should be retained to check the extent of loose trench materials during the removals. The pavement at locations above the storm drain trench that are not included in the site repairs should be monitored by the City of Rosemead for indications of settlement due to the indications of loose trench backfill soils along the storm drain alignment. Ninyo & Moore I Strathmore Avenue & Virginia Street, Rosemead, California 12126830011 August 26, 2024 7 10 LIMITATIONS Our conclusions and recommendations are provided in accordance with the current practice and standard of care exercised by geotechnical consultants performing similar tasks in the project area. The geotechnical analysis provided in this report are based on the field evaluations performed at the site. No warranty, expressed or implied, is made regarding the conclusions, recommendations, and professional opinions expressed in this report. Variations may exist and conditions not observed or described in this report may be encountered during construction. Our conclusions, recommendations, and opinions are based on our analysis of the observed site conditions. If geotechnical conditions different from those described in this report are encountered, our office should be notified and additional recommendations, if warranted, will be provided upon request. It should be understood that the conditions of a site can change with time as a result of natural processes or the activities of man at the subject site or nearby sites. Ntnyo & Moore I Strathmore Avenue & Virginia Street, Rosemead, California 12126830011 August 26, 2024 s 11 REFERENCES California Building Standards Commission, 2022 California Building Code: California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, based on the 2015 International Building Code. California Department of Transportation, 2015, Standard Specifications. California Department of Transportation, 2016, CaIFP, Version 1.5, dated January. California Department of Transportation, 2017, Highway Design Manual, dated November 20. California Department of Conservation, Division of Mines and Geology (CDMG), 1998, Seismic Hazard Zone Report for the EI Monte 7.5 -Minute Quadrangle, Los Angeles County, California. City of Rosemead, 2007, Construction Plan for M.T.D. 1752, Strathmore Avenue Storm Drain from Garvey Avenue to Virginia Street, Virginia Street Storm Drain from Strathmore Avenue to East End, dated March 5. City of Rosemead, 2024, Professional Services Agreement, Geotechnical Consulting Services (Ninyo & Moore), dated April 25. Dibblee, T.W., Jr., 1999, Geologic Map of the EI Monte & Baldwin Park Quadrangles, Los Angeles County, California: Dibblee Foundation, DF -69, Scale 1:24,000. Google Earth, 2024, http://earth.google.com. Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and Southern California Districts of the Associated General Contractors of California, 2021"Greenbook," Standard Specifications for Public Works Construction: BNI Building News, Los Angeles, California. Ninyo & Moore, 2024, Proposal for Geotechnical Consulting Services, Pavement Settlement, Strathmore Avenue at Virginia Street, Rosemead, California, Proposal No. 04-04488, dated April 3. Pictometry, 2024, hftps://explorer.pictometry.com. United States Geological Survey, 2022, EI Monte, California, Quadrangle Map, 7.5 Minute Series: Scale 1:24,000. Ninyo & Moore I Strathmore Avenue & Virginia Street, Rosemead, California ( 212683001 I August 26, 2024 Ninyo & Moore ( Strathmore Avenue & Virginia Street, Rosemead, California 12126830011 August 26, 2024 '`s�oti j W u PADAMS AVE ,14 W WELLS 5T ,., E WELLS ST � "� $ R, 13di � t - ESANMARINOAVE T1S R12W,- j PM om i ai R Rosemead F " j 111 F p E SNOR_8 5T - Y Q _ ,Z w � W VALLEY BLVO.. E VALLEY BLVD —Z wW B! �•, W BENCAMP 5T' J CAMELIA DR " WRALPH ST m pij� ¢�19 YIOLETA OR - Q h E NORWOOD PL W NORWOOD PU- W:GLENDON WAY EGLENDON WAY '~t - WSAXON AVE E SAXON AVE�J ONEY Si E ROSS AVE W RAMONA BLVD - 1 L% COLUMBIAST \ A TSR ON t HELLMAN _._ f EHELLMAN AVE23 _ AVE,'Zt}g. a ® I ROSEM�A.D w _ E EME AVE ¢ EMERSON PL WHITMORE ST = Z N � � ✓. Q/ F � F V �� EGARVEY AVE 4!x GARYEY AVE m EDGE EV DR SITE a ENEWMARK AVE_ Q 25FERN AVE - a c z 4 o GAVE82 B " Q :E HAVES AVE " j 26 GRAVES AVE q X• ,Q� W ey MOIN, t WE G`�oH VAN BUgFti ipO j o `„-�-.... - ] Ni<< - J00 A — 94f a� AC 35 t ,/ ` /R9 / j: �R�” - Umvernty emu. c LEY of_t'(heWes\ L .sT' . �/•nGem.reetion- -�� o N FEET NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: USGS, 2022. 0 2,000 4,000 SITE LOCATION NUJI�O&�U�Ce STRATHMORE AVENUE AND VIRGINIA STREET •/ ROSEMEAD, CALIFORNIA Geotachnical 8 Environmental Sciences Consultants 212683001 1 8/24 rARWY AV£NO£ B-4 CORE AND HAND -AUGER BORING; TD=TO TD=TOTAL DEPTH IN FEET CPT -14 0 CONE PENETRATION TEST; TD=9.5 TD=TOTAL DEPTH IN FEET NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: WILLDAN, 2007. /' iso&ffioore Geotechnical 8 Envimnmwtal Sciences Consultants `1 s FEET IT 0 80 160 SITE EXPLORATION PLAN STRATHMORE AVENUE AND VIRGINIA STREET ROSEMEAD, CALIFORNIA 212683001 1 8/24 Ninyo & Moore I Strathmore Avenue & Virginia Street, Rosemead, California 12126830011 August 26, 2024 Photograph 1 Photograph 2 Exploratory drilling crew and Cone Penetration Test (CPT) rig performing exploration at the intersection of Strathmore Avenue and Virginia Street. CPT rig performing CPT -10 soundings on Strathmore Avenue south of Virginia Street. /�/inyn&/Moore Geo(ednleai & Envimnmental Wanes Consultants PHOTOGRAPHS STRATHMORE AVENUE & VIRGINIA STREET ROSEMEAD, CALIFORNIA 212683001 1 8/24 Photograph 3: CPT rig performing CPT -8 soundings at the intersection of Strathmore Avenue and Virginia Street. Photograph 4: Close-up view of CPT -8. Nn/0&/ruure aff Geotechnical & Envltonmental Science. Umltants PHOTOGRAPHS STRATHMORE AVENUE & VIRGINIA STREET ROSEMEAD, CALIFORNIA 212683001 1 8124 Photograph 5: Photograph 6: Pavement conditions at the intersection of Strathmore Avenue and Virginia Street. Note previous repairs made over the storm drain trench. Pavement conditions at the intersection of Strathmore Avenue and Virginia Street. Note where the exploratory borings and CPTs were performed. /'/inyn&/Nuore Geotechnical & Environmental Sdences Consultants PHOTOGRAPHS STRATHMORE AVENUE & VIRGINIA STREET ROSEMEAD, CALIFORNIA 212683001 1 8124 Photograph 7: Photograph 8 Pavement conditions on Virginia Street. Note where the exploratory borings and CPTs were performed. Pavement conditions on Virginia Street east of Strathmore Avenue. Note where the exploratory CPTs were performed. /�/inyu&/v►oore Geotechnical & Environmental Sciences Consultants PHOTOGRAPHS STRATHMORE AVENUE & VIRGINIA STREET ROSEMEAD, CALIFORNIA 212683001 1 8124 Ninyo & Moore I Strathmore Avenue & Virginia Street, Rosemead, California ( 212683001 I August 26, 2024 APPENDIX B BORING LOGS Field Procedure for the Collection of Disturbed Samples Disturbed soil samples were obtained in the field using the following methods. Bulk Samples Bulk samples of representative earth materials were obtained from the exploratory excavations. The samples were bagged and transported to the laboratory for testing. Field Procedure for the Collection of Relatively Undisturbed Samples Relatively undisturbed soil samples were obtained in the field using the following methods. The Split -Barrel Knocker Bar Sampler The sampler, with an external diameter of 3.0 inches, was lined with 1 -inch long, thin brass rings with inside diameter of approximately 2.4 inches. The sampler was manually driven into the ground with a hammer weighing approximately 35 pounds. The samples were removed from the sampler barrel in the brass rings, sealed, and transported to the laboratory for testing. Ninyo & Moore I Strathmore Avenue & Virginia Street, Rosemead, California 12126830011 August 26, 2024 CLEAN GRAVEL less than 5% fines SAND GRAVEL GRAVELwith DUAL of coarse more than DUAL 6% to 12% fines passes 50% Of CLASSIFICATIONS less than 50% GRAINED coarse 5% to 12% fines SOILS y r fraction GW -GM well -graded GRAVELwith silt 50% or retained on 3-12" INORGANIC No. 200 sieve No. 4 sieve CH fat CLAY J liquid limit GRAVELwith 50% or more ORGANIC COARSE- > 105 FINES GRAINED Hard more than > 39 SOILS OH(plots 12% fines more than Thumb -sized to 50% retained well -graded GRAVEL with clay CLEAN SAND Coarse 3/4-3" on No. 200 fist -sized less than 5% fines sieve Gravel SAND SAND with 50% or more DUAL of coarse CLASSIFICATIONS fraction 6% to 12% fines passes silty CLAY No. 4 sieve less than 50% SAND with FINES more than 12% fines Highly Organic Soils GW SILT and INORGANIC 112" CLAY Larger than SILT liquid limit CL -ML silty CLAY FINE- less than 50% GRAINED poorly graded GRAVEL ORGANIC SOILS y r 3-5 GW -GM well -graded GRAVELwith silt 50% or more passes 3-12" INORGANIC No. 200 sieve SILT and CLAY CH fat CLAY J liquid limit GP -GM 50% or more ORGANIC Highly Organic Soils GW well -graded GRAVEL Boulders 112" > 12° Larger than SILT n CL -ML silty CLAY w 0 basketball -sized GP poorly graded GRAVEL OL(PI >4) organic CLAY y r 3-5 GW -GM well -graded GRAVELwith silt Cobbles 3-12" 3-12" Fist -sized to 15-42 43-70 h CH fat CLAY J basketball -sized GP -GM poorly graded GRAVEL with silt MH elastic SILT > 105 011 (plea on or organic CLAY Hard above"A"4ine > 39 > 20 OH(plots organic SILT below "A°4ine) Thumb -sized to GW -GC well -graded GRAVEL with clay Coarse 3/4-3" 3/4-3" fist -sized GP -GC poorly graded GRAVELwith Gay Gravel Pea-sized to GM silty GRAVEL Fine F #4 - 3/4° 0.19 - 0.75" thumb -sized GC clayey GRAVEL Rock -salt -sized to Coarse #10-#4 0.079-0.19" pea-sized GC -GM silty, clayey GRAVEL SW well -graded SAND Sugar -sized to Sand Medium #40-#10 0.017-0.079" rock -salt -sized SP poorly graded SAND SW -SM well -graded SAND with silt Fine #200-#40 0.0029- Flour -sized to 0.017" sugar -sized SP -SM poorly graded SAND with silt SW -SC well -graded SAND with clay Fines Passing <0.0029" Flour -sized and #200 smaller SP -SC poorly graded SAND with clay SM silty SAND 0� SC clayey SAND SC -SM silty, clayey SAND 58 CL lean CLAY ML SILT n CL -ML silty CLAY w 0 5-10 9-214-7 Z OL(PI >4) organic CLAY y r 3-5 1-3 2-3 OL(Pi <4) organic SILT O f 8-20 21-33 15-42 43-70 h CH fat CLAY J 4-6 7-13 14-26 Dense a MH elastic SILT > 105 011 (plea on or organic CLAY Hard above"A"4ine > 39 > 20 OH(plots organic SILT below "A°4ine) PT Peat V w — 50 CH or OH 40 30 CL or OL MHoTOH 20 10 7 CL - ML ML or OL 4 0 0 '10 20,10 40 50 70 8U 01 '10 LIQUID LIMIT (LL), % Very Loose Sq 58 53 55 Very Soft <2 <3 <1 12 Loose 5-10 9-214-7 6-14 Soft 2-4 3-5 1-3 2-3 MediumFirm Dense 11-30 22-63 64-105 8-20 21-33 15-42 43-70 Stiff Very Stiff 5-8 9-15 16-30 6-10 11-20 21-39 4-5 6-10 11-20 4-6 7-13 14-26 Dense 31-50 Very Dense > 50 > 105 > 33 > 70 Hard > 30 > 39 > 20 > 26 67 {/ USCS METHOD OF SOIL CLASSIFICATION Geotechnical & Environmental Sciences Consultants J Wa I- o ) a O w S Q0 N K 1- N m (¢j U LL� BORING LOG EXPLANATION SHEET s U 1- N zW p N N 0 Bulk sample. Modified split -barrel drive sampler. No recovery with modified split -barrel drive sampler. Sample retained by others. Standard Penetration Test (SPT). 5 No recovery with a SPT. xxax Shelby tube sample. Distance pushed in inches/length of sample recovered in inches. No recovery with Shelby tube sampler. Continuous Push Sample. Seepage. 10 Groundwater encountered during drilling. = Groundwater measured after drilling. SM MAJOR MATERIAL TYPE (SOIL): Solid line denotes unit change. CL Dashed line denotes material change. Attitudes: Strike/Dip b: Bedding c: Contact 15 j: Joint f: Fracture F: Fault cs: Clay Seam s: Shear bss: Basal Slide Surface sf: Shear Fracture sz: Shear Zone Sibs: Shear Bedding Surface The total depth line is a solid line that is drawn at the bottom of the boring. zo N/hyO&*uure BORING LOG Geotechnical & Environmental Sciences Consultants (n W DATE DRILLED 7/24124 BORING NO. B-1 Z O F 0 GROUND ELEVATION 300'± (MSL) SHEET 1 OF 1 0 Lu c6 rn D E:Cq METHOD OF DRILLING Hand auger W z W V5 U) DRIVE WEIGHT 35 lbs. DROP 18" SAMPLED BY MER LOGGED BY MER REVIEWED BY DESCRIPTION/INTERPRETATION 0 ASPHALT CONCRETE' Approximately 4 - 4.5 inches thick. SM FILL: Brown, moist, loose, gravelly, silty SAND. @2' Possible void; easy hand sugaring below 2 feet. 8/8" 9.3 99.3 — — — — SC — — — — — — — — — — — — — — — — — — ---------------- ---------------SC Brown, moist, loose, gravelly, clayey SAND. 5 8 14.7 102.7 @9' Refusal on hard object. Total Depth = 9.0 feet. Groundwater not encountered during drilling. 10 Backfilled with on-site soils on 7/24124. Notes: Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents. 15 FIGURE B-1 E STRATHMORE AVENUE & VIRGINIA STREET R ROSEMEAD, CALIFORNIAi N.W.1 & E.m�[ SW.... C ... WW. 212683001 1 8124 U) Li a DATE DRILLED 7/24/24 BORING NO. B-2 a z w N v a O GROUND ELEVATION 300'± (MSL) SHEET 1 OF 1 O ww O Uvi F Z u_ N METHOD OF DRILLING Hand auger a U, 5 m w > rn� �. _ m y g DRIVE WEIGHT 35 lbs. DROP 18" SAMPLED BY MER LOGGED BY MER. REVIEWED BY DESCRIPTION/INTERPRETATION ASPHALT CONCRETE: S Approximately 4.5 inches thick. FILL: Brown, moist, loose, gravelly, silty SAND. 28 8.8 108.5 i SC Brown, moist, loose, gravelly, clayey -SAND. 12 Sample disturbed; rocky. 5 16 No sample recovery; loose. Total Depth = 8.0 feet. Groundwater not encountered during drilling. Backfilled with on-site soils on 7/24/24. 10 Notes: Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is '.. not sufficiently accurate for preparing construction bids and design documents. 15 N:nyo�/�oore STRATHMORE AVENUE & VIRGINIA STREET ROSEMEAD, CALIFORNIA 212683001 1 8124 0) a DATE DRILLED 7/24/24 BORING NO. B-3 LL z ur O w r g GROUND ELEVATION 300'± (MSL) SHEET 1 OF 1 v ma N VU F z 5 a vi METHOD OF DRILLING Hand auger > m 65 j W ; s m g DRIVE WEIGHT 35 lbs. DROP 18" mp Q U SAMPLED BY MER LOGGED BY MER REVIEWED BY DESCRIPTIONIINTERPRETATION 0 ASPHALT CONCRETE' 5.5 inches thick. .. GWproximately SM AGGREGATE BASE: Brown moist medium dense sandy GRAVEL. FILL: Brown, moist, loose, gravelly, silty SAND; rocks; asphalt fragments. 20 12.3 107.2 -- — -- S--- C ------------------- Brown, moist, loose, gravely, clayey SAND. 6 ON No sample recovery; loose. 5 12 No sample recovery; loose. End at 7' on geofabric material. Total Depth = 7.0 feet. Groundwater not encountered during drilling. Backfilled with on-site soils on 7/24/24. Notes: Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. 10 The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents. 15 N//1/JO�/�1►oore STRATHMORE AVENUE & VIRGINIA STREET ROSEMEAD, CALIFORNIA CaoWohnlol& EnHm,m 8.k: C....... 212683001 1 8124 0) Lu a DATE DRILLED 7/24/24 BORING NO. B-4 LL U Z a as O GROUND ELEVATION 300'± (MSL) SHEET 1 OF 1 le O I_ JO U ai F �n F z g u- y METHOD OF DRILLING Hand auger a Lum 5 N w > N wzi z m DRIVE WEIGHT 35 lbs. DROP 18" p U p SAMPLED BY MER LOGGED BY MER REVIEWED BY DESCRIPTION/INTERPRETATION ASPHALT CONCRETE: SM Approximately6 inches thick 2 inch layer over 4 inch layer). FILL: Brown, moist, loose, gravelly, silty SAND. 10 14.0 106.9 SC Brown, moist, loose, gravelly, clayey SAND. 10 No sample recovery. 5 16 14.1 112.2 @7' : Refusal on hard object. Total Depth = 7.0 feet. Groundwater not encountered during drilling. Backfilled with on-site soils on 7/24/24. Notes: Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. 10 The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents. 15 iyn- o�Moore STRATHMORE AVENUE & VIRGINIA STREET y ROSEMEAD, CALIFORNIA c....I... 212683001 1 8124 SUMMARY OF CONE PENETRATION TEST DATA Project: City of Rosemead Strathmore Avenue & Virginia Street Rosemead, CA July 24, 2024 Prepared for: Mr. Mike Rogers Ninyo & Moore 475 Goddard, Ste 200 Irvine, CA 92618-4605 Office (949) 753-70701 Fax (949) 753-7071 Prepared by: KV E KEHOE TESTING & ENGINEERING 5415 Industrial Drive Huntington Beach, CA 92649-1518 Office (714) 901-7270 / Fax (714) 901-7289 www.kehoetesting.com TABLE OF CONTENTS 1. INTRODUCTION 2. SUMMARY OF FIELD WORK 3. FIELD EQUIPMENT & PROCEDURES 4. CONE PENETRATION TEST DATA & INTERPRETATION • CPT Plots • CPT Classification/Soil Behavior Chart • CPT Data Files (sent via email) SUMMARY OF CONE PENETRATION TEST DATA 1. INTRODUCTION This report presents the results of a Cone Penetration Test (CPT) program carried out for the City of Rosemead project located at Strathmore Avenue & Virginia Street in Rosemead, California. The work was performed by Kehoe Testing & Engineering (KTE) on July 24, 2024. The scope of work was performed as directed by Ninyo & Moore personnel. 2. SUMMARY OF FIELD WORK The fieldwork consisted of performing CPT soundings at 14 locations to determine the soil lithology. A summary is provided in TABLE 2.1. LOCATION DEPTH OF CPT ft COMMENTS/NOTES: CPT -1 5 Storm Drain Trench Backfill CPT -2 5 Storm Drain Trench Backfill CPT -3 8 Outside Storm Drain Trench CPT -4 7 Outside Storm Drain Trench CPT -5 8 Storm Drain Trench Backfill CPT -6 8 Storm Drain Trench Backfill CPT -7 12 Storm Drain Trench Backfill CPT -8 12 Outside Storm Drain Trench CPT -9 9 Storm Drain Trench Backfill CPT -10 9 Storm Drain Trench Backfill CPT -11 9 Storm Drain Trench Backfill CPT -12 20 Outside Storm Drain Trench CPT -13 9 Storm Drain Trench Backfill CPT -14 9 Storm Drain Trench Backfill TABLE 2.1 - Summary of CPT Soundings 3. FIELD EQUIPMENT & PROCEDURES The CPT soundings were carried out by KTE using an integrated electronic cone system manufactured by Vertek. The CPT soundings were performed in accordance with ASTM standards (D5778). The cone penetrometers were pushed using a 30 -ton CPT rig. The cone used during the program was a 15 CmA2 cone with a cone net area ratio of 0.83. The following parameters were recorded at approximately 2.5 cm depth intervals: • Cone Resistance (qc) • Inclination • Sleeve Friction (fs) • Penetration Speed • Dynamic Pore Pressure (u) The above parameters were recorded and viewed in real time using a laptop computer. Data is stored at the KTE office for up to 2 years for future analysis and reference. A complete set of baseline readings was taken prior to each sounding to determine temperature shifts and any zero load offsets. Monitoring base line readings ensures that the cone electronics are operating properly. 4. CONE PENETRATION TEST DATA & INTERPRETATION The Cone Penetration Test data is presented in graphical form in the attached Appendix. These plots were generated using the CPeT-IT program. Penetration depths are referenced to ground surface. The soil behavior type on the CPT plots is derived from the attached CPT SBT plot (Robertson, 'Interpretation of Cone Penetration Test...", 2009) and presents major soil lithologic changes. The stratigraphic interpretation is based on relationships between cone resistance (qc), sleeve friction (fs), and penetration pore pressure (u). The friction ratio (Rf), which is sleeve friction divided by cone resistance, is a calculated parameter that is used along with cone resistance to infer soil behavior type. Generally, cohesive soils (clays) have high friction ratios, low cone resistance and generate excess pore water pressures. Cohesionless soils (sands) have lower friction ratios, high cone bearing and generate little (or negative) excess pore water pressures. The CPT data files have also been provided. These files can be imported in CPeT-IT (software by Geol-ogismiki) and other programs to calculate various geotechnical parameters. It should be noted that it is not always possible to clearly identify a soil type based on qc, fs and u. In these situations, experience, judgement and an assessment of the pore pressure data should be used to infer the soil behavior type. If you have any questions regarding this information, please do not hesitate to call our office at (714) 901-7270. Sincerely, KEHOE TESTING & ENGINEERING 4W- P/a,te Steven P. Kehoe President 07/29/24-eb-6683 O (4) y;dap O m n N � 0 O Ia (:9) yadap i (:u) y4dad (4) yadap :i OMNI3 (4) y;dap O m n N � 0 O Ia (:9) yadap i (:u) y4dad (4) yadap :i O .a N M V Yl N n 0 a .y N ti ti (u) y;dad (:u) y;daa O R (8) y;daO 0 (u) LRdad n H N 0 O ti N M V ul m � (]1) 43dao m P N ()j) yadad m iI ITTr a '1 � m i O I ry� n O ti N M V ul m � (]1) 43dao m P N ()j) yadad m (8) 4]dad .. .. G V w v d d W v (31) 4jda(l 0 iI ITTr '1 � m i O I ry� n (8) 4]dad .. .. G V w v d d W v (31) 4jda(l 0 O O V M m V C O N � _6 o~ (),J) ylda4 M iI O O V M m V C O N � _6 o~ (),J) ylda4 M 0 3 O .+ ry M a in m n m mNi ti (:4) ypda4 E (31) 43da4 C, t7 O V M O 0 a� o m V M C O o � r o o F 0 0 (:u) yldao LE O .+ ry M a in m n m mNi ti (:4) ypda4 E (31) 43da4 C, t7 O V M O 0 a� o m V M C O o � r o o F 0 0 (:u) yldao m �o (31) yldaa m n e 0 a N 0 (�) yadap (:9) y;dap LY (4) gJdap 0 C 0 0 V (u) y}daa c 0 LL tL i m �o (31) yldaa m n e 0 a N 0 (�) yadap (:9) y;dap LY (4) gJdap 0 C 0 0 V (u) y}daa c 0 LL tL 0 u o u u va m m m m (w) y;dap L C (:U) yadad I_ 1 (g) y;dad (:W) yada0 (:4) y}da4 19 Y c N d 9 w y, m � � � q � q c w c f (y}) y}dad m� 0 .0� a � N O (8) Lndad .. .. .. (:4) yadap (u) 4pdad 0 I (4) yjda4 (11) 41da4 3 x -ll-- M wimms a r a (11) 41da4 o ti N M a UI �O n m m O M ,y (y)) 41da0 I (:i) 43dao .. W) LOG(] 0 O 0 c (� o w u m L a o � N L 6 of 0 0 O ti N M a M b n m O� O (-M) 4ldaa n B v -ll-- o ti N M a UI �O n m m O M ,y (y)) 41da0 I (:i) 43dao .. W) LOG(] 0 O 0 c (� o w u m L a o � N L 6 of 0 0 O ti N M a M b n m O� O (-M) 4ldaa n B v x a n nn m � m _ n (u) y7da4 ()J) y;da4 (4) y;dap z7 (71) 47da4 d v G Y N .y d C U m b c N c u O (7l) y7da4 a > y v� ug 0 (44) y;dad (}}) y;dad N s� (8) y;dad O C N m a in �o n ro m o .i ry m (:9) y;da4 i= 0 m m 14 $ w m m m ri Y 0 (44) y;dad (}}) y;dad N s� (8) y;dad O C N m a in �o n ro m o .i ry m (:9) y;da4 i= 0 ()j) qjdaG (:4) tilda(i 0 ma (4) 44daci LE (:4) 41daci .T c U O (4j) qjdGG LL E. A ()j) qjdaG (:4) tilda(i 0 ma (4) 44daci LE (:4) 41daci .T c U O (4j) qjdGG LL E. (:u) 47da4 (]1) I daa 0 (3j) y;dad (3j) y;da(i W) yldaa 0 R ah N C. (;j) ygdap m H .p� O mn 0 mF am 0 (8) LpdaO ., .. .. (4) 47dao c W (:4) y;dad r (71) 43dad 9 (;j) ygdap m H .p� O mn 0 mF am 0 (8) LpdaO ., .. .. (4) 47dao c W (:4) y;dad r (71) 43dad m C (4) 41dao .. ., ., N� (11) 41da4 .. .. a (11) 4}dad (u) 41da0 b C O ti 4 (4) 41dao .. ., ., N� (11) 41da4 .. .. a (11) 4}dad (u) 41da0 b C O ti Kehoe Testing and Engineering V1? 714-901-7270 rich Ikehoetestng,com www.�h etesUng.com 1,00, 10 SBT plot 0.1 1 10 Friction Ratio, Rf (%) SOT legend t. Sensitive fine grained 4. Clayey sit to slty clay ® 7. Gravely sand to sand 2. Organic material Q 5, Silty sand to sandy silt 3. Very stiff sand b clayey sand 3. Clay to shy clay 6. Clean sand to Siky sand ❑ 9. Very stiff fine grained Ninyo & Moore I Strathmore Avenue & Virginia Street, Rosemead, California ( 212663001 I August 26, 2024 APPENDIX C LABORATORY TESTING Classification Soils were visually and texturally classified in accordance with the Unified Soil Classification System in general accordance with ASTM International (ASTM) D 2488. Soil classifications are indicated on the logs of the exploratory borings in Appendix B. In -Place Moisture and Density Tests The moisture content and dry density of relatively undisturbed samples obtained from the exploratory borings were evaluated in general accordance with ASTM D 2937. The test results are presented on the logs of the exploratory borings in Appendix B. 200 Wash An evaluation of the percentage of particles finer than the No. 200 sieve in selected soil samples was performed in general accordance with ASTM D 1140. The results of the tests are presented on Figure C-1. Proctor Density Tests The maximum dry density and optimum moisture content of selected representative soil samples were evaluated using the Modified Proctor method in general accordance with ASTM D 1557. The results of these tests are summarized on Figure C-2. Ninyo & Moore I Strathmore Avenue &Virginia Street, Rosemead, California 12126830011 August 26, 2024 DESCRIPTION B-1 3.0-3.7 - SILTY SAND 90 33 SM B-4 5.0-6.0 CLAYEY SAND 94 46 Sc PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 1140 //i O� *DOC@ NO. SIEVE ANALYSIS TEST RESULTS JV% y STRATHMORE AVENUE & VIRGINIA STREET Geolacnnlcel6EnNronmamel Baleuas Gonsmtenu ROSEMEAD, CALIFORNIA 212683001 1 8/24 212683001 Ll NO BH®TP-1, TP4 140.0 130.0 120.0 h N 110.0 Z LU 0 0 100.0 mil Zero Air Void Line (Specific Gravity = 2.70) Zero Air Void Line (Specific Gravity = 2.60) 5 10 15 20 25 MOISTURE CONTENT (%) Zero Air Void Line (Specific Gravity = 2.50) 30 35 40 6-1 Lv-o.v ul-vu my omm vim -Y, v...... ._.._ .... .Dry Density and Moisture Content Values Corrected for Oversize (ASTM D 4718) NIA NIA PERFORMED IN GENERAL ACCORDANCE WITH ❑✓ ASTM D 1557 ❑ ASTM D 698 METHOD ❑ A ❑ 6 ❑Q C J yMaya�/,/�oore Geotechnical & Envlmnmenlai Sclences Consultants 212683001_C-2_MAXDENSITY@TP-1 2.0-8.0 PROCTOR DENSITY TEST RESULTS STRATHMORE AVENUE & VIRGINIA STREET ROSEMEAD, CALIFORNIA 212683001 8/24 APPENDIX B - PROJECT PLANS 0 < a o a Ho rc'o R r LO S 6 � 1 N =� <a O Z s< LLI O a Z QW N Q � F W O w LL. too .Y gym. 1,, QO sK Wce a N o ( < A<z W SfiATM67i1REAYENIJE a 3 N U) W Y 0 W b m y W N"'kz i J Y W Z uj > w Q c g Z a Q u l9 Q h Y 0 w p n J W O< W W '< ' U a Q N 0 O I- K W N a> U i K = w� G WJ O ^ a��w G r O 1a/1 W Q= p N w 5 w � w H w d w h p_ O d an LL v a p r W s 0 3> 5 3 ° u o 0 $ z g Q. > a y �_ Z 1~if vwi Z w Z Z Z Z .,�^ Zwo�Q O oo �o ao 0o a� Z O 2 F N Q u V a Q a Q ¢ Q a 3 Q J o A U w Y s O- w w w w 3 Z w w V` o w w U (n Z l� r e s O> Z_ J vt'i a �_ a s J x¢¢ j Z �J Z W> J G G = W H 0 0 o 3 o w o o a o 0 0 z a z 2 z u u u ., �, au au au 0 0 C ua s LO yW9u 9 W yy y N ao lips 'd ,goo LRS LS� $a �0 64 U $N a Z 4 a Z k 4 NN z3.uim 8'< 6 n8�s 5 _ Ug Yn p� iltW M J g a o V $ nQ3 g 8y$ E� O �-p IoW e�s 2W W_ s 2 uJ r d n J a' Wo N pie m �s �z rye _ 'b6: ;o� 2h I QU � 93 9A a Q �� els n e a �_ o a� 8. OLLI Q OC a �w ==.m LLI LU WW a a pam� 6¢ay 3¢6 S R5�35 z 8 w L= Eby � E p V O o 000000000 0 0 0 ooaoo� > y Q �z W o§ Z ro mop{� LLI aO t d�t95 o ii J a O V% ZZ SW a � W d Oa 00 u nent C ict Agreement with ive, Inc. CONSTRUCTION CONTRACT STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 (TERRA PAVE, INC.) 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 TERRA PAVE, INC. with its principal place of business at 12115 Rivera Rd. Whittier, CA 90606 (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as 'Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851 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. 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 Terra Pave, Inc. Page 2 of 11 performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to December 10th, 2025 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Gloria Molleda, or her 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 Aaron Terry, 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 Terra Pave, Inc. Page 3 of 11 procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees Terra Pave, Inc. Page 4 of 11 appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon Terra Pave, Inc. Page 5 of 11 request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Two Hundred Twenty -Seven Thousand Nine Hundred ($227,900.00) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City Terra Pave, Inc. Page 6 of 11 during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Terra Pave, Inc. 12115 Rivera Rd. Whittier, CA, 90606 Attn: Aaron Terry Tel: (562) 693-7283 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. Terra Pave, 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 Terra Pave, 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 Terra Pave, 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] Terra Pave, Inc. Page 10 of 11 CITY OF ROSEMEAD Ben Kim, City Manager Attest: Date Ericka Hernandez, City Clerk Approved as to Form: Date TERRA PAVE, INC. By: _ Signature Date Name: Print [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] LIM Rachel Richman, City Attorney Date Name: Terra Pave, Inc. EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL Terra Pave, Inc. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages 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: Terra Pave, Inc. • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- orbetter and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 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 Terra Pave, Inc. using standard ISO endorsement No. CG 2010.. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at anytime and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. Terra Pave, Inc. 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 Terra Pave, Inc. shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Attachment D Other Bids Submitted BIDDER: Access Pacific, Inc. CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 SECTION 1- BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: Access Pacific, Inc. BID SCHEDULE SCHEDULE OF PRICES FOR STRATHMORE AVENUE AND VIRGINIA STREET —ROADWAY REHABILITATION TOTAL BID AMOUNT IN WORDS: _ two hundred twenty-nine thousand five hundred dollars and zero cents e awara ol Uontractshall a baseil on the . CBF -2 EST. UNIT ITEM NO. ITEM DESCRIPTION UNIT QTY. PRICE COST 1 TRAFFIC CONTROL AND MOBILIZATION 1 LS $ 25,000 $ 25,000 TRENCH REPAIR ALONG STRATHMORE AVENUE AND VIRGINIA STREET. WORK LIMITS SHOWN ON APPENDIX B: PROJECTPLANS. WORKSHALL BE AS DETAILED IN APPENDIX A: GEOTECHNICAL EVALUATION — PAVEMENT SETTLEMENT REPORT DATED AUGUST 26TH, 2 2024. WORK SHALL INCLUDE REMOVAL AND 4,500 SF $_22.22_ $100,000 RE -COMPACTION OF BACKFILL MATERIALS TO A DEPTH OF 48" AND REPLACEMENT OF THE PAVEMENT, IN ACCORDANCE WITH APPENDIX A AND PER TS -4-111 THROUGH TS -5: CITY OF ROSEMEAD PAVING STANDARDS (SEE SHEET 4 OF APPENDIX B). COLD -MILL 2" EXISTING ASPHALT CONCRETE AND CONSTRUCT 2" AC (WEARING COURSE 3 SHALL BE C2 PG 64-10). WORK LIMITS AS 32,000 SF $ 1.88 $ 60,000 SHOWN ON SHEET3 OF APPENDIX B -PROJECT PLANS. WORK SHALL INCLUDE CRACK SEALING. ADJUST MANHOLE COVERS TO GRADE, 4 COMPLETE AND IN PLACE. MANHOLES SHOWN 7 EA $2,500 $17,500 ON SHEET 3 OF APPENDIX B. ADJUST WATER/GAS VALVES TO GRADE, 5 COMPLETE AND IN PLACE. VALVES SHOWN ON 8 EA $1,500 $12,000 SHEET 3 OF APPENDIX B. ADJUST IN -ROAD VAULTTO GRADE, COMPLETE 6 AND IN PLACE. VAULT LOCATION SHOWN ON 1 EA $10,000_ $10,000 SHEET 3 OF APPENDIX B. FURNISH AND INSTALL TRAFFIC STRIPING & PAVEMENT MARKINGS. WORK SHALL 7 INCLUDE INSTALLATION OF BLUE 1 LS $5,000 $5,000 RETROFLECTIVE RPMs. SEE SHEET 3 OF APPENDIX B: PROJECT PLANS FOR DETAILS. TOTAL BID AMOUNT IN NUMBERS 1 $229,500.00 TOTAL BID AMOUNT IN WORDS: _ two hundred twenty-nine thousand five hundred dollars and zero cents e awara ol Uontractshall a baseil on the . CBF -2 BIDDER: Access Pacfc, Inc. 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 Mobilization ion 1 a right as Items A, B, C, D and E are considered C. NPDES, WECP, and Best Management inclusive each Bid Item listed above in Practices (BMPs), Public Convenience and th the Bid Schedule as applicable, and no Safe ty additional and/or separate compensation will D. Construction Stakingb Land Surveyor 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. Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. Ifthe Bid lists any Additive Alternate bids, the ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE above will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 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. CBF -3 BIDDER: Access Pacific, Inc. 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 is not completed within the working dates 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 subiect to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -4 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 11/20/2024 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 CBF -5 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. rom 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 -7 I 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: Bidder's License Number(s): 930437 Department Industrial Relations Registered No. 1000005406 NOTES: 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 the corporation, partnership or joint venture has the authority to do so. 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 4'h day of January 2024. Dated:01/04/2024 Secretary ,SSS P A ClF�C.,. (iPO GI?gT OCT. 27, 2009 C' ........ �p q�FOR � BIDDER: Access Pacific, Inc. SECTION2 BID DATA FORMS 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 Pacifc Inc as Principal, and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Total 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 STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851—as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated November 19, 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 2nd day of December 2024 Access Pacific, Inc. (SEAL) Developers Surety and indemnity company (SEAL) Principal Surety _—A- B By: Irmo----._�_ By: Signature Rebecca Haas -Bates, Attorney -in -Fact �gnature -(tAv.G.s 't'�rssl CBF-10 CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 118& A notary public or other officer completing this certificate verities 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 12/02/2024 before me, L. Gomez, Notary Public Date Here insert Name and 77tle of the Officer personally appeared Rebecca Haas -Bates Name(*of SignerN who proved to me on the basis of satisfactory evidence to be the person* whose name(s). is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In hts/her/their authorized capacity(,), and that by his/her/iheir signature4on the instrument the person(* or the entity upon behalf of which the person(,) acted, executed the instrument. L. GOMEZ J Notary Public - California Orange County is Commission X 2413682 ---re My Comm. Expires Aug 23, 2026 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 V, Signature of N ry 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: Bid Bond Document Date: 12/02/2024 Number of Pages: One 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Gd Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary. Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 POWER OFATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 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 S rkin, Richard Adiar, and Rebecca Haas -Bates -,of Irvine CA as its true and lawful Attomey-in-Pact, to make, execute, deliver and acknowledge, For and on behalf of said companies, as sureties, bonds, undertakings and contracts Of suretyship giving and granting unto said Attomey-in-Fact Rill power and authority to do and to perform every get necessary, 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 or substitution ax) ravucgtion, and all of the acts of said Attomey-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is etTective December 2, 2024 and shall expire on December 31, 2025. This Power of Attorney is granted mrd is signed under mid by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on February 10, 2023. Crain Da Executive Underwriter, RESOLVED, that pl Zai mTruPresident Surety Underwriting, Inc., n James Bell e Pr iy (t Surety Und rwriYne, and Dawson. Surety, each an employee of AmTrust North America, Inc., an affiliate of the Company ([he "Authorized Signors"), aro hereby authorized to execute a Power of Attorney, qualifying attmney(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and conlmc(s of suretyship, orother suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney. RESOLVER that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the sea) of the Company must be affixed to any such Power of Attorney, and any such signature or seat may be affixed by facsimile, mid such Power of Attorney shall be valid and binding upon the Company when so 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 have caused in= presents to be signed by IIx Authorized Siloor and attested by dneir Secretary or Assistant Secretary this March 27 2023 %``••aa SURA,v.•`•r`( AND 1,,Y . B �` /il •<<'i, POR• F :. - -S OµPORAj' ��4,• BY T COR AT�••A: `o..?� Printed Na 0X cc Title: PresidentSuactlUnderwriting _ Lo.• SEAL136 :.,6 0. J.0 Oj.�.O Ate';: • f : �Jy••OgCIFOFi�xP'aD •.IZAW �:�%j ......... to . ACKNOWLEDGEMENT: 'ere ,I .* •'•••,• 'e,�Ia*r••,,,•`; r.rnre. 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 27 day of Match . 2023 , before me, H e-Qmen Phu Pham , personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within die instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. 1 certify, Linder penalty of perjury, under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official said. =+ per` HOAOrang Co nyNAM Notary Pubic -California Orange County is Signature �\ Commission k Date 970 31. My Comm. Futptres Date 31, 2021 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 of the respective Boards of Directors of said corporations set forth in tinis Prover of Attorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland, Ohio, this March 19, 2023. By: �0 ... inmed by: 12j� „,. '�j a A ( Barry W. Moses, Assistant Secretary POA. No. N/A -aeaata Aeas4gc... Ed. 0323 DocuSignEnvelopeiD:3352BFD6-5E9D-4796-B37E-CIE455E6530F �ALIIFORHIIA 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/ars subscribed to the within instrument and acknowledged to me that he/shsEN;sy executed the same in his/h9W4h& authorized capacity(is&), and that by his/#ag4heic signature(4) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph �r+I is true and correct. JESSICA PICON t WITNESS my hand and offic' seal. v %.,'a COMM. IC CALIFORNIA n Ur,�: 'i.S!}`; NOTARY PUBLIC- LALIFORNIA o G Signa re � LOS ANGELES WUNTV zC_=" ia::'C'n tunef WotaryPubllc '- HY Comm• Expires Sep 3e, 2027 Piece 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 Number of Pages: 1 Signer(s) Document Date: November 1e, 2024 Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: TomaeTones ® Corporate Officer — Title(&): 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 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 BIDDER: Access Pacific, Inc. 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion ofthe Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.51/6) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF - 11 BIDDER: Access Pacific, Inc. 2.11 LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Description of Work of Subcontractor to be Subcontracted Name: PCI Address: 975 W Ist Street Azusa California 91702 License No.: 415490 Department of Industrial Relation Registration No._1000813536_ Striping & Markings Name and Location Description of Work of Subcontractor to be Subcontracted Coldmill Name: _Pavement Recycling Systems, Inc. Address: _10240 San Sevaine Way, Jurupa Valley, CA 91752 License No.: _569352 Department of Industrial Relation Registration No._1000003363 Name and Location of Subcontractor Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: License No.: Department of Industrial Relation Registration No._ Name and Location of Subcontractor Name: Address: License No.: Department of Industrial Relation CBF -12 Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted Registration No. 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: l' 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 Madera 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 Date Completed 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 $3,589,440.00 Beach Trail Gap Closure 08/2023 Contract amount Type of Work Date Completed CBF - 13 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 $6,504,887.88 Transit Center Construction 06/2023 Contract amount Type of Work CBF - 14 Date Completed BIDDER: Access Pacific, Inc. SECTION 3 NON-COLL USIONA FFIDA VIT CBF -15 BIDDER: Access Pacific, 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 parry 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. sworn before me This day Notary Public in and for the State of California My g -fission Expires: Signature Tomas Torres Typed or Printed Name President Title Access Pacific, Inc. Bidder ,20 ---See Attached--- CBF-16 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County Of Los Angeles ) On December 3, 2024 before me, Jessica Picon, Notary Public Date Here Insert Name and Title of the Officer personally appeared Tomas Torres Name(&) of Signer(&) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/ace subscribed to the within instrument and acknowledged to me that he/ghoA}ey executed the same in his/IaerttW& authorized capacity(ie&), and that by his/faer,/ifieic signature(&) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. JESSICA PICON 11, COMM. #2464945 z IL ptM - NOTARY PUBLIC- CALIFORNIA n r Z LOS ANGELES COUNTY My Comm. Expires 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 nd an fficial seal. Signat Sig ure of 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: NON -COLLUSION AFFIDAVIT Number of Pages: Document Date: December 3, 2024 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Tomas Torres ® 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: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 45907 CITY OF ROSEMEAD CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 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 41", 2024 AT 10:30 AM CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 TABLE OF CONTENTS BIDDING DOCUMENTS 1. Notice Inviting Bids............................................................ NIB- I -NIB-2 2. Instructions to Bidders............................................................ ITB- I - ITB -9 3. Contract Bid Forms.............................................................CBF-1 - CBF -16 CONTRACT AGREEMENT 1. Contract Agreement and Insurance Requirements 2. Performance Bond 3. Payment Bond CONTRACT APPENDIX Part "A" General Provisions.........................................GP-1 — GP -35 Part "B" Supplemental General Conditions ...................... GC -1 — GC -10 Part "C" Technical Provisions ....................................... TP- 1 —TP -9 Part "D" Appendix Appendix A - Geotechnical Report—Strathmore Ave at Virginia St Appendix B — Project Plans 1 ' 1 _ _ \l_ W, : 1 STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 CITY OF ROSEMEAD NOTICE INVITING BIDS NIB No. 2024-33 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 a.m. on December 411. 2024. Electronic and hardcopy bids will be Publicly costed on PlanetBids and City's website after bid deadline. STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851 The project consists of trench repairs as detailed in Appendix A: Geotechnical Report. Project also includes cold -mill and overlay scope along Strathmore Avenue and Virginia Street, as detailed in Appendix B: Project Plans, as well as miscellaneous work as indicated on the construction plans, including other incidental and appurtenant work necessary for the proper completion of the project. The engineer's estimate for this project is in the range of $250,000. The successful bidder shall have FIFTEEN (15)' working days including material procurement 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 PlanetBids portal. Contractors can register as a vendor and download the documents by visiting the PlanetBids Portal (https://pbsystem.planetbids.com/portal/54150/portal-home). Hard copy of the bid package will not be mailed. SB 854 Requirements: This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a print out from the DIR registration website showing that the prime contractor and each subcontractor is currently registered and qualified. No bid proposals will be accepted nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)) Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. NIB -1 No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date. The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "N' license in good standing at the time Bids are received. The Council reserves the right to refect any and all bids and to waive au 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 December I Oa , 2024. All questions regarding this bid shall be uploaded City's portal on PlanctBids, no later than 10 calendar days prior to bid due date and time. Dated this November 19, 2024. Ericka Hernandez City Clerk Publish: No,Yeirlbe�c1lTovemlier28 2024. NIB -2 CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 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://12bsystein.planetbids.com/portal/541.50/t)ortal-hone) . 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 ofthe 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 ofthe 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 Fors d. Contract e. Contract Appendix Part "A" General Provisions Part "B" Supplementary General Conditions Part "C" Technical ProvisionFype texhere Part "D" Appendix Any Addenda Issued by the Owner ITB -1 4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description ofthe work to be performed or the content, form or manner ofsubmission 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 ofdelivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Development Services Department to verify that he has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. 7. ALTERNATE BIDS The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. The ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE above will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE atthe 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 accordance with the instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive ITB -2 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 ofthe joint ventures or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venture or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venture or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venture or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venture or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents ifawarded 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 forth 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 ofa 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 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 S,ItHlf[AIt>� A Vlal!1IJE :AIYlS ,V,IRGINIA STREET ROADViAY.. Alternatively, bids can be submitted electronically through PlanetBids at: htti)s://obsystem.121anetbids.com/t)ortal/54150­/P­ortal-hoine 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 atthe address shown in theNotice Inviting Bids or electronically through Planetbids up to the date and time shown therein. The Owner will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated. Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. 13. WITHDRAWAL OF BID Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shalt 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 allotice of Award, the successful bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the required documents and certifications. Regardless of 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 afterthe 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 ofthe Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do business in California, and satisfactory to the Owner. 19. REQUIRED BIDDER CERTIFICATIONS Bidders must comply with the following: A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to various information, including but not limited to, the accuracy of the representations made in the Contract Bid Forms. B. NON -COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each Bidder must execute and submit with its bid the statutorily mandated non -collusion affidavit included in the Bid Documents. ITB - 5 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 staffmember, 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 ofthe Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price. Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid Forms. 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Bid Documents. 25. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds, in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications to perform the work described in these Bid Documents. The Owner reserves the right to: A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications, without exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner/joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10%ofthe 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. ITB - 7 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 ofa 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 renderthe 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 (0.50/6) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed asset forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent (0.5%) of the Total Bid Price. (2) Location. For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type/portion of work to be performed in the Contract. (4) Contractor License Number. For listed Subcontractors, list the contractor license number issued to the Subcontractor by the California Contractors State License Board. Ww: (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 ofthe Bidder to meet and complete successfully the requirements ofthe Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDERS ff� BIDDER: ONYX PAVING COMPANY, INC. CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 SECTION - BID SCHEDULE CBF -1 BIDDER: ONYX PAVING COMPANY, INC. BID SCHEDULE SCHEDULE OF PRICES FOR STRATHMORE AVENUE AND VIRGINIA STREET —ROADWAY REHABILITATION NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST 1 TRAFFIC CONTROL AND MOBILIZATION 1 LS $V3✓IZIO $ (,O,uc) TRENCH REPAIR ALONG STRATHMORE AVENUE AND VIRGINIA STREET. WORK LIMITS SHOWN ON APPENDIX B: PROJECT PLANS. WORKSHALL BE AS DETAILED IN APPENDIX A: GEOTECHNICAL EVALUATION - PAVEMENT 2 SETTLEMENT REPORT DATED AUGUST 26TH, 2024. WORK SHALL INCLUDE REMOVAL AND 4,500 SF $ 20.22 ryry�� �Ny $ `"! D, Q 6q V RE -COMPACTION OF BACKFILL MATERIALS TO A DEPTH OF 48" AND REPLACEMENT OF THE PAVEMENT, IN ACCORDANCE WITH APPENDIX A AND PER TS -4-R1 THROUGH TS -5: CITY OF ROSEMEAD PAVING STANDARDS (SEE SHEET4 OF APPENDIX B). COLD -MILL 2" EXISTING ASPHALT CONCRETE AND CONSTRUCT 2" AC (WEARING COURSE 3 SHALL BE C2 PG 64-10). WORK LIMITS AS 32,000 SF $ bDE SHOWN ON SHEET OF APPENDIX B -PROJECT PLANS. WORK SHALL INCLUDE CRACK SEALING. 4 ADJUST MANHOLE COVERS TO GRADE, COMPLETEAND IN PLACE. MANHOLESSHOWN 7 EA $ %.I $ (5 Qo ON SHEET 3 OF APPENDIX B. ADJUST WATER/GAS VALVES TO GRADE, 5 COMPLETEAND IN PLACE. VALVESSHOWN ON 8 EA SHEET 3 OF APPENDIX B. ADJUSTIN-ROAD VAULTTO GRADE, COMPLETE 6 AND IN PLACE. VAULT LOCATION SHOWN ON 1 EA $ (=O $ 7�JD SHEET 3 OF APPENDIX B. FURNISH AND INSTALLTRAFFIC STRIPING & PAVEMENT MARKINGS. WORK SHALL 7 INCLUDE INSTALLATION OF BLUE 1 LS $ (of DW $ G7r OUCH RETROFLECTIVE RPMs. SEE SHEET 3 OF APPENDIX B: PROJECT PLANS FOR DETAILS. TOTAL BID AMOUNT IN NUMBERS $IQ TOTAL BID AMOUNT IN WORDS: 6 i • ' .1 The award of Contract shall be based on the TOTAL BASE BID AMOUNT. BIDDER: ONYX PAVING COMPANY, INC. 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 R T,ei right as Items n4, C, D and li are considered C. NPDES, W WECP, and Best Management as inclusive eachch Bid Item listed above in practices (BMPs), Public Convenience and the Bid Schedule as applicable, and no Safety additional and/or separate compensation will D Construction Staking by Land Surveyor 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. Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. Ifthe Bid lists any Additive Alternate bids, the ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE above will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of BIDDER'S BOND 10% Dollars ($ WA ) 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. CBF -3 �11� � ,- kl 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 aorees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars f$500.00) per calendar day if project is not completed within the working days Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. N/A The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -4 BIDDER: ONYX PAVING COMPANY, 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: 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 Dated N/A Dated Addendum No. Dated Addendum No. Dated CBF -5 ZA BIDDER: ONYX PAVING COMPANY, 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\ 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. r 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 -6 BIDDER: ONYX PAVING COMPANY, INC. PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -7 M Signature COREY R. KIRSCHNER Type or Print Name CEO Title BIDDER: ONYX PAVING COMPANY, INC. 2890 E. LA CRESTA AVE. Business Street Address ANAHEIM, CA City, State and Zip Code 714-632-6699 Telephone Number Bidder's/Contractor's State of Incorporation: CALIFORNIA Partners or Joint Venturers: Bidder's License Number(s): 630360 Department Industrial Relations Registered No. 1000004798 NOTES: N/A 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy ofthe 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. ,� ; ,t. -i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On December 3, 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 persons) whose name(O is/.Ke subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/hoer/their authorized capacity(ies), and that by his/hsr/their signature() j 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. LESLIE ROCHA WITNESS my hind and official seal. _*my Notary Publiange • untiornia\7///Jr/�Oran a CounCommission 9 2491949 Comm. Expires Maryt?, 2029 Signature). �"' Signature of 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: Document Date: Number of Pages: Signer(s) 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 #5907 BIDDER: ONYX PAVING COMPANY, INC. SECT BID DATA FO FORMS CBF -9 BIDDER: Onyx Paving Company, 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 Onyx Paving Company, Inc. , 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 Ten Percent of the Total Amount Bid ----------------------------------------------- - — ---- — — — — — -- — — ---- — — — -- --- — — -- — DOLLARS ($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 alt Work required for the STRATfIMORE A -VENUE AND Z'IRGINIA S'T'REET - ROADWAY REHABILITATION PROTECT NO 31$51:—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 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 ftu-nishes 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 2nd day of December 2024 Go� V rtgTF. Swiss Re Corporate Solutions `SEA L Onyx Paving Company Inc. (SEAL) America Insurance Corporation (L Principal Surety 1973 s;MsNo * „ t'`, .V��.�� By: - S Mature C ",4 t. �(&Ch W -MID SI < ure Z nya Hernandez, Attorney -(n -Fact CBF -10 .`^�1S%". fill/. "\ -�'v dw -=.i ///i��l�iir�ry Rt `� /��^�w..a""` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 i6 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 Corey R. Kirschner Nameo of Signer( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(l�) is/axe subscribed to the within instrument and acknowledged to me that he/slfe/they executed the same In his/her/their authorized capacity(lae), and that by his/fmr/their signature(is) on the instrument the person(sr), 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. T.�.�A EESLIE ROCHA lf WITNESS my hapd and official seal. 9 Notary P Sion # 2484 49 Orange County Comm155ionx 2484949 — Signature My Comm. Expires Mar 19, 2029 Signature of 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: 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 #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 County of Orange On DEC 0 2 2024 before me, Christina Rogers Notary Public, personally appeared Zvanva 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 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 State of California that the foregoing paragraph is true and correct. s CHRISTINA ROGERS Notary Public • California ` Orange County 4� Commission q 2463205 my Comm. Expires Sep 14, 2027 PEACE Nol'ARY SIdAL ABOVE WITNESS my hand and official seal. SIGNATU 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 ibrm to another document. Description of attached document document: Document Signer(s) Other than Named A SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORA'I"ION("NIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under lams of the State of Missouri, and having its principal office 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 does hereby snake, 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 true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behal I'of each of said Companies, as surely, 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 under this authority shall exceed the amumu of: TWO HUNDRED MILLION ($200,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by pre authority of the following Resolutions adopted by the Bonds of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 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 orally 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 ench or any of them hereby is authorized to 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 thereto by facsimile, and any such Power of Attorney or certificale bearing such ficsiunile signatures or facsimile seal shall be bindine noon the Corporation when so affixed and in the future with reload to anv bond, undertaking or contract of surety to which it is attached." a�`Jti�pNSAAfER¢•i �.., eo•;S;ous PRE.liq 120: oPp p Rql ys. a°.yQ� b0.pp R�•T kso,' m/4 F:G: .O:O is .G 13p 4 S ernaaac,.sn�s,�s: m ream.,,,SEA L EAL'' x , is 4 1973:fib. `'. '•i' 1sQ •',b'••.sigS000 ..'�, b'•.M/S J�ryL�,` IIy (� l�?b rr "'�'r4vr....... �u„ae• ''o;si4l so, o\y ,�. N,., GcrelAJoQrmasA4 YI<e YrniAanl o(xa(S9\ICH l9<c I'rasmnn of lnCSYIC 5 Vice Prnmvm or WIC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, unit WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 10 day of NOVEMBER 20 22 Swiss Ile Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County oCCook ss Wcstpo( Insurance Corporation On thist0 day of NOVEMBER ,0 22,before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC unit Gerald Jnemwski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by nae duly swom, acknowledged that they signed the above Power of Auomcy as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICWL6EAL CHRIg71t1A0=11f M Iaur4Jm � !� �ksS�%r � C/rwW I, Jeffrey Goldbere. the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is it true and correct copy of a Power of Atcmey given by said SRCSAIC and SRCSPIC and WIC, which is still in fill force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 2nd day of December , 20 24 . Jeffrey Goldberg, Senior Vice President C Assistant Secretary ol'SRCSAIC and SRCSPIC and WIC BIDDER: ONYX PAVING COMPANY, INC. 2.13 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of I percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion ofthe Work which will be done by each subcontractor. Bidder shall list only one subcontractor for anyone portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF - 11 BIDDER: ONYX PAVING COMPANY, INC. 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 c Name and Location of Subcontractor Registration Description of Work to be Subcontracted Name and Location of Subcontractor Address: License No.: Department Industrial Relation Registration No.. Name and Location of Subcontractor Address: License No.: Department of Industrial Relation Registration No. Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted License No.: Department of Industrial Relation Registration CBF -12 BIDDER: ONYX PAVING COMPANY, 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: 1. 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 2. 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 3. 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 -13 BIDDER: ONYX PAVING COMPANY, INC. 4. PLEASE SEE ATTACHED REFERENCES. Name and Address of Owner Name and telephone number of person familiar with project amount Type of Work Date Completed CBF -14 BIDDER: ONYX PAVING COMPANY, INC. SECTION NON-COLLUSIONAFFIDAVIT CBF -15 BIDDER: ONYX PAVING COMPANY, 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 anyoneto 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 ONYX PAVING COMPANY, INC. 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 -16 (Seal) kil CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE ® 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) 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 County of Orange 0. LESLIE ROCNA .`/ Notary Ru611c • California '`- Orange County Commission 8 2484949 my Comm. Expires Mar 19, 2028 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 3 day of December 20 24 by Date ` Month Year (1) cty�w Rk li&-d NK (and (2) ), Name ) of Signer(h) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 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: Number of Pages: _ Signer(s) Other Than Named Above: Document Date: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 85910 REFERENCES PROJECT NAME: CITYWIDE ASPHALT REPAIRS PROJECT FY 21/22 PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: FEB 2022 - NOV 2022 CONSULTING COMPANY: CITY OF DANA POINT- 33282 GOLDEN LANTERN, DANA POINT, CA 92629 CONTACT PERSON: SCOTT FISHER 760-814-7226 ORIGINAL CONTRACT AMOUNT: $1,595,000.00 FINAL CONTRACT AMOUNT- $1,314,878.59 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: 22-23 ANNUAL ASPHALT CONCRETE OVERLAY PROJECT PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENT APPROXIMATE CONSTRUCTION DATES: SEP 2023- MAR 2024 AGENCY: CITY OF EASTVALE - 12363 LIMONITE AVE #910, EASTVALE, CA 91752 CONTACT PERSON: CHUCK STAGNER 714-925-4628 ORIGINAL CONTRACT AMOUNT: $5,858,000 FINAL CONTRACT AMOUNT: $5,998,000 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: CHANGE ORDER WORK FOR ADDITIONAL SCOPE OUTSIDE OF PROJECT LIMITS. DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: 2021-2022 PAVEMENT REHABILITATION PROJECT PROJECT DESCRIPTION: VARIOUS PAVEMENT REHABILITATION & CONCRETE IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: NOV 2022 - MARCH 2023 AGENCY: CITY OF ARCADIA -240 W. HUNTINGTON DR, ARCADIA, CA 91007 CONTACT PERSON: JAN BALANAY 626-254-2726 ORIGINAL CONTRACT AMOUNT: $1,727,000.00 FINAL CONTRACT AMOUNT: $1,899,698.72 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: CHANGE ORDER WORK FOR ADDITIONAL SCOPE OUTSIDE OF PROJECT LIMITS. DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 -TEL (714) 632-6699 - FAX (714) 632-1883 PROJECT NAME: 21-22 PAVEMENT REHABILITATION PROJECT PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: NOV 2022- MAY 2023 AGENCY: CITY OF TEMPLE CITY -9701 E LAS TUNAS DR, TEMPLE CITY, CA 91780 CONTACT PERSON: ALI CAYIR 714-883-8677 ORIGINAL CONTRACT AMOUNT: $3,727,000 FINAL CONTRACT AMOUNT: $4,031,000 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: CHANGE ORDER WORK FOR ADDITIONAL SCOPE OUTSIDE OF PROJECT LIMITS. DID THE AGENCY FILE ANY CLAIMS AGAINSTYOU? NO PROJECT NAME: 23-24 SLURRY SEAL AT VARIOUS LOCATIONS PROJECT DESCRIPTION: CITYWIDE ASPHALT REPAIRS & SLURRY APPROXIMATE CONSTRUCTION DATES: JAN 2024 - APRIL 2024 AGENCY: CITY OF MONTEREY PARK -320 WEST NEWMARK AVE MONTEREY PARK, CA 91754 CONTACT PERSON: ZIAD MAZBOUDI 626-532-2018 ORIGINAL CONTRACT AMOUNT: $1,400,000 FINAL CONTRACT AMOUNT: $1,269,000 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: ACTUAL BID QUATITIES LESS THAN ORIGINAL BID QUANTITY. DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: 22-23 SBI PAVEMENT REHABILITATION PROJECT PROJECT DESCRIPTION: VARIOUS STREET FULL DEPTH RECONSTRUCTION APPROXIMATE CONSTRUCTION DATES: JAN 2024 - MAY 2024 AGENCY: CITY OF HEMET- 445 E FLORIDA AVENUE HEMET, CA 92543 CONTACT PERSON: JILLEEN FERRIS 951-765-2360 ORIGINAL CONTRACT AMOUNT: $2,020,000 FINAL CONTRACT AMOUNT: $2,528,000 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: CHANGE ORDER WORK FOR ADDITIONAL SCOPE OUTSIDE OF PROJECT LIMITS. DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 -TEL (714) 632-6699 - FAX (714) 632-1883 Wk PROJECT NAME: PARKS, CIVIC CENTER & SHERRIF STATION PARKING LOT REHABILITATION PROJECT DESCRIPTION: ASPHALT REMOVAL & REPLACEMENT APPROXIMATE CONSTRUCTION DATES: FEB 2024 - MAY 2024 AGENCY: CITY OF LAWNDALE -14717 BURIN AVE LAWNDALE, CA 90260 CONTACT PERSON: NICK PETREVSKI 310-973-3265 ORIGINAL CONTRACT AMOUNT:: $486,486 FINAL CONTRACT AMOUNT: $601,000 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINALAMOUNT, PLEASE EXPLAIN: CHANGE ORDER WORK FOR ADDITIONAL SCOPE OUTSIDE OF PROJECT LIMITS. DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: RESIDENTIAL STREET PAVEMENT REHABILITATION PROJECT, AREA 8 _ PROJECT DESCRIPTION: STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: JULY 2022 - OCT 2022 AGENCY: CITY OF DOWNEY-11111 BROOKSHIRE AVE, DOWNEY, CA 90241 CONTACT PERSON: BRIAN ALENAN 562-904-7110 ORIGINAL CONTRACT AMOUNT: $3,227,000.00 FINAL CONTRACT AMOUNT: $3,553,442.43 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINALAMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 -TEL (714) 632-6699 - FAX (714) 632-1883 LARGE PROJECT REFERENCES PROJECT NAME: CULVER DRIVE IMPROVEMENTS FROM WALNUT AVENUE TO 1-5 FREEWAY PROJECT DESCRIPTION: STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: SEPT 2022 -JAN 2023 CONSULTING COMPANY: CITY OF IRVINE - 6427 OAK CANYON, IRVINE, CA 92618 CONTACT PERSON: FARHAD BOLOURCHI 949-724-6689 ORIGINAL CONTRACT AMOUNT: $1,677,000.00 FINAL CONTRACT AMOUNT: $1,704,308.59 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: PHASING 6A- RESIDENTIAL STREET REHABILITATION PROJECT DESCRIPTION: STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: CONSULTING COMPANY: CITY OF LA MIRADA- 15515 PHOEBE AVE, LA MIRADA, CA 90638 CONTACT PERSON: ERIC VILLAGRACIA 562-902-2373 ORIGINAL CONTRACT AMOUNT: $4,242,000.00 FINAL CONTRACT AMOUNT: $4,524,646.67 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: SCOPES Of WORK CHANGED BY AGENCY DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: ROCHESTER AVENUE PAVEMENT REHABILITATION PROJECT DESCRIPTION: STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: MARCH 2022 -AUG 2022 AGENCY: CITY OF RANCHO CUCAMONGA- 10500 CIVIC CENTER DRIVE, RANCH CUCAMONGA, CA 91730 CONTACT PERSON: ROMEO DAVID 909-774-4070 ORIGINAL CONTRACT AMOUNT: $1,727,000.00 FINAL CONTRACT AMOUNT: $1,714,733.75 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 -TEL (714) 632-6699 - FAX (714) 632-1883 REFERENCES GENERAL CONTRACTORS: JOBS PERFORMED: LOCATION: AMOUNT: 1570 Linda Vista Dr. Team Nissan Oxnard $669,075.00 Fullmer Construction Centerpointe Moreno Valley $3,187,914.00 1725 S. Grove Ave. Sycamore Bus. Park Riverside $999,708.00 Ontario, CA 91761 Hillwood Hofer Ranch Ontario $603,600.00 Ph: 909-947-9467 Interchange A-E San Bernardino $1,288,615.00 Fax: 909-947-2970 San Michelle Logistics Moreno Valley $670,674.00 Contact: Casey Jones Terra Francesco Ontario $524,216.00 KCS West, Inc. BP Refinery Maintenance Shop Carson $896,357.00 901 Corporate Ctr, Dr, 3`a fir Monterey Park, CA 9174 Ph: 323-269-0020 Fx:323-263-4576 Contact: Matthew Vawter GMC Engineering, Inc. Edison Romoland $1,623,480.00 1401 Warner Ave Tustin, CA 92780 Ph: 760-744-133 Fx:714-247-1041 Contact: Gennady Lusardi Construction FEDEX — Otay Mesa San Diego $1,335,530.00 1570 Linda Vista Dr. Team Nissan Oxnard $669,075.00 San Marcos, CA 92064 Edge at Campus EI Segundo $541,385.00 Ph: 760-744-3133 Carmax Oxnard $606,443.00 Fax: 760-744-9064 Seabridge Oxnard $329,460.00 Contact Scott Staley ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 —TEL (714) 632-6699 — FAX (714) 632-1883 Haagen Company, LLC 12302 Exposition Blvd Los Angeles, CA 90064 Ph: 310-820-1200 Fx:310-820-1225 Contact: Chris Fahey ARCO National Construction Co. 900 N. Rock Hill Rd St. Louis, MO 63119 Ph: 314-963-0715 Fx:314-963-7114 Contact: Chris Wilson Grant General Contractors 5051 Avenida Encinas Carlsbad, CA 92008 Ph: 760-438-7500 Fx:760-438-3056 Contact: Pete Burrows Empire Polo Club Scannell FEDEX Whittier Area Community Church Crevier BMW Indio Burbank Whittier Santa Ana $1,036,745.00 $1,125,958.00 $625,920.00 $30,600.00 ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 — TEL (714) 632-6699 — FAX (714) 632-1883 ASPHALT RUBBER HOT MIX REFERENCES: GENERAL CONTRACTORS: JOBS PERFORMED: LOCATION: AMOUNT: GMC ENGINEERING, INC. Katella Ave. St. Improv Los Alamitos $120,000.00 1401 Warner Ave, Ste B. Various Projects Tustin, CA 92780 Ph: 714-247-1040 Fx: 714-247-1041 Contact: Gennady Chizik R.D OLSON CONSTRUCITON, INC. Lido House Hotel Newport Beach $193,105.00 2955 Main Street, 31d Floor Irvine, CA 92614 Ph: 949-474-2001 Fx:949-474-1534 Contact: Jeremy Dunn IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT COREY KIRSCHNER AT 714-632-6699 OR VIA EMAIL AT COREY@a ONYXPAVING. NET ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 —TEL (714) 632-6699— FAX (714) 632-1883 CREDIT REFERENCES ONYX PAVING COMPANY, INC 2890 E. LA CRESTA AVE ANAHEIM, CA 92806 PHONE: (714) 632-6699 DATE ESTABLISHED 1/4/90 CORP. TAX ID. # 33-0394344 FAX: (714) 632-1883 TYPE OF WORK -ASPHALT PAVING CONTRACTORS LIC. It 630360-A PRESIDENT: COREY R. KIRSCHNER 14029 SPRINGWATER LN. EASTVALE, CA 92880 BANK: BANKOFTHEWEST 4501E.LAPALMA AVENUE, ANAHEIM, CA92807 PHONE: (714) 777-9620 BRYAN PLOESSEL INSURANCE AGENT: WOOD GUTMANN & BOGART SURETY AGENT: 15901 RED HILL AVE., STE. 100, TUSTIN, CA 92780 PHONE: (714) 824-8384 MICHAELTRAN TURNER SURETY AND INSURANCE BROKERAGE, INC. 5 HUTTON CENTRE, STE. 730, SANTA ANA, CA 92707 PHONE: (714) 915-4032 JEREMY PENDERGAST MATICH CORP. P.O. BOX 10, HIGHLAND, CA 92346 (909) 382-7400 Steve Matich ALL AMERICAN P.O. BOX 2229, CORONA, CA 92878 (951) 736-7600 Carl KELTERITE CORP. 12231 PANGBORN AVE.DOWNEY, CA (562) 401-0011 Gladys VULCAN MATERIALS CO. 16013 E. FOOTHILL BLVD, IRWINDALE, CA 91702 (858) 530-9414 Debbie FULLMER CONSTRUCTION 1725 S. GROVE AVE., ONTARIO, CA 91761 (909) 947-9467 Casey Jones BYROM-DAVEY, INC. 13220 EVENING CREEK DR. SOUTH #103, SAN DIEGO (858) 513-7199 Steve Davey PACIFIC CONST. GROUP 17895 SKY PARK CIR., IRVINE, CA 92614 (949) 748-1500 Mark Bundy ERICKSON-HALL CONST. CO. 500 CORPORATE DR., ESCONDIDO, CA 92069 (760) 796-7700 Justin Sinnott ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 —TEL (714) 632-6699 — FAX (714) 632-1883 F117M ND Corey Kirschner has over 20 years of experience both as an estimator and CEO. Corey is an experienced estimator and lead a majority of those years being the Chief Estimator before becoming CEO and President of Onyx Paving Company, Inc. Over the short period of time here at Onyx Paving, Corey has completed over 3,000 paving projects, allowing the company to gross over $50 million dollars in the previous year. Jay Kirschner, Senior Project Manager, holds a Bachelor's Degree from Chapman University and has 7 years of experience upholding the maintenance supervisor and lead estimator position for Onyx Paving. He leads our team, with the project managers under his direct supervision, in managing our productions and coordinating our field mobilizations for all projects. Tyler Henry, Field Superintendent, serves as the core of all field related matters. He has over 20 years of paving experience performingjobs that stretches from San Diego County to Ventura County. Tyler has been with Onyx in completing all of our Public Works projects. Overseeing the on-site laborers, cement masons, and operating engineers is one of his many responsibilities. BACKLOG ALLOCATION: Corey Kirschner, lay Kirschner, and Tyler Henry oversee 100% of all current project in attached backlog. ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 —TEL (714) 632-6699— FAX (714) 632-1883 Wk Key Individual Responsibilities: Corey Kirschner - Manage overall operations and resources of company - Decision maker of corporation Jackson Hulse - Lead project management team with organization - Overseeing overall project scheduling, budgeting, and dispatching on all projects - Main point of communications between company and agencies Tyler Henry - Lead and manage on-site labors and operators - Coordinate daily operations and project production - Ensuring project quality expectations are met ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 —TEL (714) 632-6699 — FAX (714) 632-1883 I I a --- 0 q CONTRACTORS CICa STATE LICENSE BOARD ACTIVE LICENSE 0. ..a.�.,630360 _„CORP .w... - ONYX PAVING COMPANY INC <..,A C12 pm .......�.. 10/31/2025 vmw cslb ca. oov W= WA M madleaftrI6 eCPR Public Search Login DIR Public Works Support Contractors ejects Register fjQaq > C ,qnq.L oX ta ONYX PAVING COMPANY, INC. > ONYX PAVING COMPANY, INC. Contractor Contractor business email davidw@onyxpaving.com Contractor c ation eff date 2024-07-01 Contractor first name David Contractor mailing city ANAHEIM Contractor mailing state LCA____ Contractor mailing zip 92806 — ------ — --------- - ------------ Contractor physical city ANAHEIM 6-21 — ------ . ... ... . ..... .. .. Contractor company type Won Contractor craft legacy Mason; Operating Engineer; Labore Contractor craft snow Contractor c ation exp date 6 3Q Contractor date deactivated Contractor c1ba name Contractor entity number 630360 Contractor ID 1000004798 Contractor last name W iltfong Contractor mailing address2 Contractor physical addressl LA CRESTAAVENUE Contractor physical address2 Contractor source SNOW Contractor we cert date 2022-10-01 Contractor we exp date 2023-10-12 Contractor we policy number WC106300504 Contractor we selection Insured by carrier Contractor legal entity name ONYX PAVING COMPANY, INC. Contractor mailing addressl 2890 E. LACRESTAAVENUE Contractor we carrier Zurich American Insurance Compamy 42 Checked Di R z=m i eCPR Public Search DW ..III oW David Wiltfong Public Works Support Contractors Projects Services Your information TRANSACT0003992 Transaction Record First Name David Last Name Logout Wiltfong i Payment Amount 400 Payment Period Registration Valid Date User Account Email davidw@onvxi)aving.com Confirmation Number 24071791440573 ■Status Successful Number TRANSACT0003992 Payment URL C Is this registration a renewal of an existing registration Yes ONYX PAVING COMPANY INC LICENSE# 630360 DIR# 1000004798 UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF ONYX PAVING COMPANY, INC, (a California corporation) August 20111, 2024 The undersigned director, constituting the entire board of directors (the "Board") of Onyx Paving Company, Inc., 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. 0 2890 E. La Cresta Ave., Anaheim, CA 92806 0 714-632-6699 0 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] 0 2890 E. La Cresta Ave., Anaheim, CA 92806 0 714.632-6699 0 orav ONYX PAVING COMPANY INC LICENSE# 630360 DIR# 1000004798 IN WITNESS WHEREOF, the undersigned has executed this Unanimous Written Consent of the Board of Directors as of the date first above written: IX Ccrey4drschner Chief Executive Officer F ! — Richard DeVos Chid Financial Officer X •" Jayl(lrs K ner Vice Pe Went, Secretary, Treasurer 0 289D E. La Cresta Ave., Anaheim, CA 92806 0 714.632.6699 Q� EQUAL EMPLOYMENT OPPORTUNITY The Company is committed to providing equal employment opportunities to all Employees and applicants without regard to race (including traits historically associated with race, such as hair texture and protective hairstyles), religion or religious creed (including religious dress or grooming practices), color, sex (including pregnancy, childbirth, breastfeeding, or related medical condition), genetic information, gender, gender identity and gender expression, sexual orientation, transgender status, transitioning status, national origin, ancestry, citizenship status, uniform service member status, military and veteran status, marital status, age, protected medical condition, physical or mental disability, holding or presenting a driver's license issued under Cal. Vehicle Code Section 12801.9, or any other protected status in accordance with all applicable federal, state, and local laws. Company policy also prohibits unlawful discrimination based on the perception that anyone has any of the above characteristics, or is associated with a person who has or is perceived as having any of the above characteristics. Discrimination can also include failing to reasonably accommodate religious dress and grooming practices, or individuals with mental or physical disabilities where the accommodation does not pose an undue hardship. This Policy extends to all aspects of the Company's employment practices, including, but not limited to, recruiting, hiring, firing, promoting, transferring, compensation, benefits, training, leaves of absence, and other terms and conditions of employment, as well as providing wages at the same rate for one sex as those of the opposite sex, and at the same rate for any race/ethnicity as another race/ethnicity, who perform substantially similar work (consisting of similar skill, effort, and responsibility), under similar working conditions. The Company is also committed to complying with Uie lawn Protecting qualified individuals w th dizabilities_ The Company will provide a reasonable accommodation lot any known physical or mental disability of a qualified Individual with a disability to the extent required bylaw, provided the requested accommodation does not create an undue hardship for the Company andlor does not pose a direct threat to the health of safety of others in the workplace andlor to the Individual. If an Employee requites an accommodation to perform the essential functions of their job, the Employee must notify Human Resources. Once the Company is aware of the need for an accommodation, theCompany will engage In an interactive process to identify possible accommodations that will enable the Employee to perform the essential functions of the job. Employees with questions or concerns about discrimination in the workplace should bring these issues to the attention of Human Resources, or any member of management. Employees can raise concerns, report problems, or make complaints without fear of retaliation. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including separation of employment. ONYX PAVING COMPANY, INC. f/ COREY R. KIRSCHNER CEO, PRES, VP, SEC, TREA 0 Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Ieooiai eeuldN ^^r^b^r backup withholding. For Individuals, this Is generally your social security number (SSN). However, for e resident often, fico proprietor, or dfaregented amity, see the instructions for Pert I, )star. For other FM -M - entities, k Is your employer Iderifification number (EIN). 9 you do not have a number, sea Now to get a TNN, later. or Mote: g the account to In more than one nems, am the instructions for line 1. Also see What Nanta and I Employer Identification number Number To Give the Requester for guidelines on whose number to enter. 3 3 - 0 319141314141 Under penalties of perjury, I certify that: 1. The number shown on this form Is my, correct taxpayer Identification number (or 1 am waiting for a number to be Issued to me); and 2.1 am not subject to backup withholding beaeuse: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service QRS) that I em subject to backup withholding as a result of a (allure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. ctitren or other U.S. person (defined below); and 4. The FATCA oode(s) entered on this form Of any) Indicating that I em exempt from FATCA reporting Is correct. Certification Instructions. You must was out gem 2 above ityou have been notified by the IRS that you are currently subject to backup withholding because you have (aged to report all Interest and dkddends on your tax return. For real estate transactions, Item 2 does not appy. For mortgage Interest paid, acquisition orebandonmem of secured property, cancellatian of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the oerggcation, but you must provide your correct TIN. See the Instructions for Part ll, later. 4Tinn I _. . . Here General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Forst W-9 and its Instructions, such as legislation enacted after they were published, go to wwwALgov/FormW9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (RN) which may be your social security number (SSN). Individual taxpayer Identification number phlJ adoption taxpayer Identification number (ATIN, or employer Identification number (EIN, to report on an information return the amount paid to you, or other amount reportable on an Information realm. Examples of Information returns Include, but are not limited to, the following. • Form 1099 -INT Qntereet earned or paid) estop. 03/27/2024 • Farm 1089 -CN (dividends, including those from stocks or mutual funds) • Form 1099-MISO (vadous types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Fomr 109&8 (proceeds from real estate transactions) • Form 1098-K (memham card and third party network transactions) • Form 1098 (home mortgage mtered),1098-E (atudent loan Interest), 1098-T (tultmn) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 onlytf you are a US. person (Including a resident allen), to provide your correct TIN. Hyou do not mtum Fomt W-9 to the requester with a TNN, you might be sub/act to backup whhholWng. See What Is backup withholding, later. Cat. No. 10231% Form W-1) (Rov. 10-2e1e) W9 Request for Taxpayer (five f=orm to the Fan (Ra•. odobertmey Identification Number and Certification requester. Do not Departmery of theall send to the IRS. I Rnt amee ► Go to www./re.gov/WmtW9 for bedructfons and the latest information. / time (es ehawn onyptr inaorrte lex retuml• Name la requiradon 1hLs line; tlo nd leave thio Nne bimik ONYX PAVING COMPANY, INC. 2 flue nese nemaaivegmdad eMxy name,adltferem fromabova 3 Chaokappmpdatoboxfwfedareitoxdasd mUmofthaperaonwhoaenameisentamdonurret.Chw*o*moofthe 4 Fxemptkms(codesappiyonNto following seven boxes. certain entitles, not Individuals; ividuals; see ❑ ImlMdualreolepropdaloror ❑ CCorporation, E@SCoryomtlm ❑ Pmmemhip ❑Tnrsuestate Instructions on page 3): single -member LLC Exempt Perot, code (d my) ❑ Untied ItalAttr company. Enter the tax classification (" corporation. S=S corporation. P•Partmuship)► $ Note: Check ere appmpdale box In the We above for the tax classification of the single -member owner. be net check Exemption from FATCA reporting LLC Itthe LLC is daaeHled tie a etngle-member LLC that Is dismgarded from thaowner unless the owner of the LLC is coda fit �) a once U.0 that is not disregarded from sho owner for U.S, federal tax purpmos. Otherwise, a eingle•membw LLC that Is disregarded from thoownerahodd check the appropriate box for the tax classification of Its owner. Omer" harmldlana)► 4V:Orubs�c•r.W n,uwnerocotl•MUSJ e Address truer, ber, steel, and W. or suite no.) Sea Inatrudlons. Roquastefs name and address (options 2890 E. LA CRESTA AVE. e Chy at" and ZIP code ANAHEIM, CA 92806 7 Ust account numb") here(opaonag Taxpayer IdetWill don Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Ieooiai eeuldN ^^r^b^r backup withholding. For Individuals, this Is generally your social security number (SSN). However, for e resident often, fico proprietor, or dfaregented amity, see the instructions for Pert I, )star. For other FM -M - entities, k Is your employer Iderifification number (EIN). 9 you do not have a number, sea Now to get a TNN, later. or Mote: g the account to In more than one nems, am the instructions for line 1. Also see What Nanta and I Employer Identification number Number To Give the Requester for guidelines on whose number to enter. 3 3 - 0 319141314141 Under penalties of perjury, I certify that: 1. The number shown on this form Is my, correct taxpayer Identification number (or 1 am waiting for a number to be Issued to me); and 2.1 am not subject to backup withholding beaeuse: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service QRS) that I em subject to backup withholding as a result of a (allure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. ctitren or other U.S. person (defined below); and 4. The FATCA oode(s) entered on this form Of any) Indicating that I em exempt from FATCA reporting Is correct. Certification Instructions. You must was out gem 2 above ityou have been notified by the IRS that you are currently subject to backup withholding because you have (aged to report all Interest and dkddends on your tax return. For real estate transactions, Item 2 does not appy. For mortgage Interest paid, acquisition orebandonmem of secured property, cancellatian of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the oerggcation, but you must provide your correct TIN. See the Instructions for Part ll, later. 4Tinn I _. . . Here General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Forst W-9 and its Instructions, such as legislation enacted after they were published, go to wwwALgov/FormW9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (RN) which may be your social security number (SSN). Individual taxpayer Identification number phlJ adoption taxpayer Identification number (ATIN, or employer Identification number (EIN, to report on an information return the amount paid to you, or other amount reportable on an Information realm. Examples of Information returns Include, but are not limited to, the following. • Form 1099 -INT Qntereet earned or paid) estop. 03/27/2024 • Farm 1089 -CN (dividends, including those from stocks or mutual funds) • Form 1099-MISO (vadous types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Fomr 109&8 (proceeds from real estate transactions) • Form 1098-K (memham card and third party network transactions) • Form 1098 (home mortgage mtered),1098-E (atudent loan Interest), 1098-T (tultmn) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 onlytf you are a US. person (Including a resident allen), to provide your correct TIN. Hyou do not mtum Fomt W-9 to the requester with a TNN, you might be sub/act to backup whhholWng. See What Is backup withholding, later. Cat. No. 10231% Form W-1) (Rov. 10-2e1e) A� p® CERTIFICATE OF LIABILITY INSURANCE DA E(MMA02D 4YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Burnham WGB Insurance Solutions CA Insurance License OF69771 15901 Red Hill Avenue Tustin CA 92780 C Michael Tran PHONE , 714 8243384 Faz .714-573 1770 Uffi No EaIaLADessas: michael.tran@wgbib.com INSURERS AFFORDING COVERAGE NAIC4 INSURER A: American Zurich Insurance Comp 40142 UwnsW OF69771 INSURED ONYXPAV-01 On E. La Cresta Avenue Paving Company, Inc. 2890 INSURER B: Zurich American Insurance Comp 16535 INSURER c: Scottsdale Indemnity CD 15580 INSURER-: Anaheim CA 92806.1816 msuaeRe: INSURER F: COVERAGES CERTIFICATE NUMBER:1519793494 REVISION NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTp TYPEOF INSURANCE AO 8 B POLICYNUMBER POLICYEFF NYUCYEXP DMR$ C TCOMIKEROIALGENERALUABILITY CLNM&MADE OCCUR BCS2000426 3/142024 101112D24 EACH OCCURRENCE $2,000,000 PREMISES Ea ae,mm.,I §100,000 MED EXP .person) SExduded PERSONAL&ADV INJURY §2,000,000 GENL AGGREGATE LIMIT APPLIES PER POLICY [flJECT FILOC GENERALAGGREGATE §4,000,000 PRODUCTS -COMPIOPAGG §4,000,000 S OTHER; A AUMMOBIMLL40ILRY BAP106300606 10/12023 10112024 C MTEDSING1 E LIMIT §2000,000 Eaa en X ANY AUTO BODILY INJURY(Parpwem) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY tPa eraManQ S X HIRED X NON N AUTOS ONLY AUTOSS ONLY LY PRO E D E § d 1 S UIIIIRELLAUAB OCCUR EACHOCCURRENCE S AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTIONS S S WO ERSQ�� ���, YIN ANYPROPRIETORIPARTNEPIEXECUTNE F-1E.L OFFICERIMEMBEREXCLUDED) Mandatayin NH) X yyeeee deagibe miler NIA VVC106300505 10112023 10112024 X yJR E ER EACH ACCIDENT $1,000,000 E.L.OISEASE-EA EMPLOYEE §1,000,000 E.L. DISEASE• POLICY LIMIT S1,000,000 DESdRIPRON OF OPERATIONS below DESCWMONOFOPERATIONSILOCATIONSIWHICLES (ACORD 101,AddSiond Ramada Schedula, maybe aUachod N mo apace 1. re ulmd) Certificate holder(s) is/are named as additional insured per the attached endorsements as required by written contract subject to the terms & conditions Of the policy: GL Additional Insured Form #CG 20 10 12 19 and CG 20 3712 19 GL Additional Insured Slate -Permits Form #CG 2012 1219 GL Primary and Non -Contributory Form #CG 20 01 12 19 GL Waiver of Subrogation Form #CG 24 04 12 19 GL Per Project Form #GLS -332& 0112 See Attached... Onyx Paving Company, Ina 2890 E. La Cresta Ave. Anaheim CA 92806 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORUEDRBPRESENTATNE All Hunts reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD State of Callfornta & Secretary of State Staternonl of Information 0076477 (Qom0e110 Stook and Agricultural Cooperative Corporations) pae8 (Flling and Dlsolosure): 628.00. FILE® If WE to an amendment, goo lnalruoalths, IMPORTANT -READ) BTRUCTIONSBEFORECOMPLETINGTHISFORM. In theofacoofthe 8aofdaiyof8tato olihe 9Hte of CeOfornla 1, CORPORAWNAMH ONYX PAVING COMPANY, INC. QCT -01 goie 2.0ALWOIWIA CORPORATENUMBen C18$807A 111. ep14e1VF4,11 UN Q* No hon e d to t(Not a IloebleK' bnta0dress ofrecordlsa P,O. Eoxaddresa. to aYee9Ona' ' e, th re eve been apyo angoa.l*t a fOrma10n C0n1 a In 1114 1201 amonlo gmlm nff edwjthI Callfor a earetmN ofBia i,brhb statomgnt of Ntrinatlon boo been piolouslyIDad, this farm must hatoPHebdln He 9ntlrolp. I1 Are Nto bvvi to char' hi any of tho lnfdm oUoh Cottoned In the lostajoymaelof.Nbonsum ifledw>th tha uy fru $wetay 0f8lata, oheakVro boxeptl�raoeed to ham ti. Com to Addreesea 1001e 6110Ydn 0onolmbbnwale the nameorllled .1Wms4 erd eaalmtb0p•O.eOzma A. 61Af!`rA0ORa880,FPR8}0 A4�{� IVatFFlba CIN 9tATE N'CCDE 2880 E. LACIiEBTAA .,NAHEIM, CA 92808 e aiAEETADDR etFPRNcgynCevPlm e6 RwelHatnoR nA PANY 4iv Smrp. ZIP Cote 2890 E•IACA AAVB., ANAT1ElM, OA02800 0, rANUMADDRERSOF CORPORATOR IF DIFFERENT79AN 170e1e City STATS WQ= klepieRdme01Na0 ailbN mmaetllW be aftelad. Prboadddlimmovor,rasaae0 the. Pollowingbidars((ha Cblodrad0a lnuel 11060,hiv ivArc A•oo(np7talbtate jG,Clrte .'ODRl88DItY STATS LPCODE 8001—LA EBTAAVE. ANAHEIM CA 92808 a.B�CB'TAAY AODR08a -CIrt STATE 211,000E COREY IOROCHNER 28906. tACREOTAAVE.,ANAIEIM,CA82B08 o. CHEFFUM LOFFrcea ADDRESS Of1Y OYATa WCODE CQBF.Y lOR8 HNER 2090 E'1ACRE8TAAVE.,ANAHI5IM fA928DB Name and Complelo AddressaeofAJIWhIctors,IncludlADITIrsotofeWhoari 1hoWoora(The wrldr0atimuathaava1Oadonm fader, Athth addgOnalOaooe NPAC009ary) ' 70 RW.dE ADRa88 IQItY eYATE 21040011 �iQREY RSCHNER 2090E.lA CRESTAAVE. H81M CA 97808' „_ Ii. NAVA • ADDRESS 2r>j' STATE LP CODE 12. Me APPRE39 9TATE EPC0o0 A. UM7eROPVA WONTNa96aADOFDIAE IFMIYI :Agenttor BWlCo of Preoaea t910 egenthan lndstdum4 me e9antmustresldetn Ceuretrs ardlan ta'muetba carplelad WlhaCal9ordaevaet ►ddreee, o P.O.OoR address h not straplaWe, If the eaern Is eigNer cprporattnl, the agent 41st hrre on (14WQI 1110 0/11/0110 eanaHN Of 81814 A ,CerYArou IFarentrOC kdnleC' ral s Coda seaam lWW4 Item I musibeleablank te. N4LgOFAOlryTFOfl 6ERNGEOlPROC8a6 CORBY KIRSOHNER ie.$tAEVADDfrl1BOFAQENTFORUFLIACa0FPSOCE091NCAUFORHU,1PANINDIVIMAL Citt STATS 2W CODE 2800E,IACRE81AAV6.,ANAHF?M,CA92 $ Sao 6. �ABPt�T�AVIi�BE d{��8sortxecoRPORAnoN iT. 9Y BIIBmTnN81Wa aTATCMlNT OF mEOrAullorl TO THO OALIFORNIA eEORIRARY OF BATE, INE COA'OMIrON GRIMM the mPORNATN)N COmANeD HEAEW RICUION0'ANYATTACNIII! 18TAUEh4DCORREOT. 101011410 AFSHIN HAKIM ATTORNEY CAN N OPPEft80NC0UPLETINeRDRAI TITLE 91II10 ABV OIQ01e} ego 4 W 110VE04YBECRETARYOF aYAta State of California. secretary of state Statement of Information G888767 0,60maillo Stock and Agrtou)turai CoopemtNe Corporations) FEES (Fllinq and 131aOlosur0)T $26.00. FILED if thtfa is a0 amendmont, see inatructione. IATPORTANT-READINBTRUO 1 NBBEF' RE COMPLETING THIS FORM InthoolR6eoftheB9crotaryofStAID 1• CORPORATBNANB of the stale ofCa3fornla ONTI( PAYING COM PANY,INO. JAN-03 2020 8 CALiPORF1IA COAPORA'19 111.14191q 0(859078 TAle SpawFxflt+p UreONy No ObjulaoStalatriont NOta 'ctble'Br entaddmsofreoord Ila P.O. BOXaddri». Baalrepuodsre. ' a, Ifthirshan unany0 to a nompdon aonylnad n s cl tatemPRl rmrt angle w e eh orne acre ry of8tatr,brnoptatord td pigmillan hoe Depp pravtoueiy Neu, WAYOTTn mWtbe co"91911n its eollrdy. Q If Nara OddMeh Ao ch It 8(98hy oflhe lnformaWn cOntDludlnthataet6kt0mdptot YcWrmfdm nkdwiN ae Callomia 6atrotary OTdlete, c--.... ho, '. proceedto.ltam77: Om AtoAddrsseas orthe RMn CO adcbWVAeta Manama of the d . Iteme4Dnd6CMn0tba P.O.Boaee. _ 4. OiREBTAODREdSOPFANCIPA VEMPIS OFFICE CITY STATE ZIPCODa 6. STAEATA00RE990FPRNpPALBU81NE9a0FPICEDlC4tIrORHUy iFANY GtY STATE WOODS S. MMOADOAGtSOF00ftFORATI FOIRP dNTnlANrterA! CITY STATE ZIP CODE Na )ggdCqilljpiete A' dra5iae of,lha Polfewing ryice'(e (96 Cupltedon mtwIfol ase one 'n. ArncpPle ldefdr eapedAd' of rtda $heddatl•tiaaev ' n IN td n1011"mafoml mditnoibaeltemd. Y, GlloppIaomirdoff1OERr ADDRESS inY. STATE 270006 6, SECRETARY ADDRESS mrY STATE' Zkwg P. OF}TlUtOMOFF10EP/ AOOnESS "SAY STATE ZIP000S Nemec aqd Compptete Addra96ea o1A11 Dlmctom, tnciu ng reptom Who Are Also Ofncu; a coq*mllon must have at least 60 dlrecbr."ABed�eddlVomi ee lrneuex . 1a N4VE ADDRESS ,>ITY STATE ZIP CODE 11. NAVE ADDRESS CNY SYATa ZIPDOM 12 NEVE ADDRESS drPf SrhTE DP CODE 13, NULVARDFVAo T EAOAAOO?d?$EOTOR&IP M " Aggont forairs196.01procub NDP 1199014 on hoWua4 thga9e01 Intel mild, In Odsagta Where 111 ral to oMUtWWIh a Ooftde skeot eddrans P.O. Boxed ramis Ool eegp4ble. If B» eda�t h enoNer uryomUon, the ppenl rtisl have on tilmihihe Osalercpa Deeroiary of Stale a CerUAUN urwedtb C6VfOMa Sona Code$O' 0 We trod 116M 16 n1ustbabRblank 14. tUSE0PA0E1rtF0 E�RVIOB6F,PAOO1T86 46.aTR01TADbMSOPAOrNTFQR6ERNICaOFPROCE691NCAI(fORNIA,IFANINDMOUALCIW STATS ZIPCOOE 00 W LO ' 10. DUMBETNETYPE0FBMN'E6a0FTNECOAPOMnON 17. DY SUNAONN'O THIS SYATF1AW OF INFORMATION TO US CAIFORMA SECRRTAAY OF. STATE. THE ONVOR41ON dEA/VIb TRA INFORMA110t1 CONTAIMOMEREIN,INOLUMNOANY ATrOMMENTS.ISTRUE AND CORRECT. 0103@020 gNA96RORARAYPON . OFFICE MANAGlillWNTROLLER bA16 rYPEs 90N CDMPLEnNO FORK alauOirvoDiai mLETAU0 APPROV YOP TATE p '/g; l CITY OF ROSEMEAD CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR STRATHMOREE AVENUE AND VIRGINIA STREET - ROADWAY REHABILITATION PROJECT NO. 21851 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 FAR: (626) 307-9218 BIDS DUE: DECEMBER 4T", 2024 AT 10:30 AM BIDDER: Hardy & Harper, Inc. CITY OF ROSEMEAD STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851 SECTION -BID SCHEDULE CBF -1 BIDDER: Hardy & Harper, Inc. BID SCHEDULE SCHEDULE OF PRICES FOR STRATHMORE AVENUE AND VIRGINIA STREET -ROADWAY REHABILITATION NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST 1 TRAFFIC CONTROL AND MOBILIZATION 1 LS $ 3.00o $ 13 a00 TRENCH REPAIR ALONG STRATHMORE AVENUE AND VIRGINIA STREET. WORK LIMITS SHOWN ON APPENDIX B: PROJECTPLANS. WORKSHALL BE AS DETAILED IN APPENDIX A: GEOTECHNICAL EVALUATION - PAVEMENT SETTLEMENT REPORT DATED AUGUST 26TH, 2 2024. WORK SHALL INCLUDE REMOVAL AND 4,500 SF $ 30 _ RE -COMPACTION OF BACKFILL MATERIALS TO A DEPTH OF 48" AND REPLACEMENT OF THE PAVEMENT, IN ACCORDANCE WITH APPENDIX A AND PER TS -4-111 THROUGH TS -5: CITY OF ROSEMEAD PAVING STANDARDS (SEE SHEET4 OF APPENDIX B). COLD -MILL 2" EXISTING ASPHALT CONCRETE 3 AND CONSTRUCT 2" AC (WEARING COURSE SHALL BE C2 PG 64-10). WORK LIMITS AS 32,000 SF SHOWN ON SHEET3 OF APPENDIX B -PROJECT PLANS. WORK SHALL INCLUDE CRACKSEALING. ADJUST MANHOLE COVERS TO GRADE, 4 COMPLETE AND IN PLACE. MANHOLES SHOWN 7 EA $1'uo0 $ -1(coO ON SHEET 3 OF APPENDIX B. 5 ADJUST WATER/GAS VALVES TO GRADE, COMPLETE AND IN PLACE. VALVES SHOWN ON 8 EA $ -37- $ 2,10 0 0 SHEET 3 OF APPENDIX B. ADJUST IN -ROAD VAULTTO GRADE, COMPLETE 6 AND IN PLACE. VAULT LOCATION SHOWN ON 1 EA $1,000 $ ( Q(7p SHEET 3 OF APPENDIX B. FURNISH AND INSTALL TRAFFIC STRIPING & PAVEMENT MARKINGS. WORK SHALL 7 INCLUDE INSTALLATION OF BLUE 1 LS $5,000 $G.pC:o RETROFLECTIVE RPMs. SEE SHEET 3 OF APPENDIX B: PROJECT PLANS FOR DETAILS. TOTAL BID AMOUNT IN NUMBERS $-310, Go O TOTAL BID AMOUNT IN WORDS: -T_I-j EC_ I IuNi�2G.t� TFC l tv'sc�n DouFrrz� The award of Contract shall be based on the TOTAL BASE BID AMOUNT. BIDDER: Hardy & Harper, Inc. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shalt govem over figures. Full compensation for the items listed to the right as Items A, B, C, D and E are considered C. NPDES, W WECP, and Best Management as inclusive each Bid Item listed above in practices (BMPs), Public Convenience and the Bid Schedule as applicable, and no SafetD. additional and/or separate compensation will Construction Stakingb Land Surveyor 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. Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. If the Bid lists any Additive Alternate bids, the ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE above will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govem. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 10% of total bid Dollars ($ 10% ) said amount being not less than ten percent (101/o) 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. CBF -3 BIDDER: Hardy & Hamer. Inc. 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 from the date of the Notice of Proceed and subiect to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -4 BIDDER: HAWX & Harper. Inc. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the projectplans, 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: Cody Gawryluk ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt ofthe following Addenda and has included theirprovisions in this Proposal: Addendum No. Dated Addendum No. Dated Addendum Dated Addendum No. Dated CBF -5 BIDDER: Hary & Harper. 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 noP 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. 'D01'-3211 BIDDER: Hardy& Harper, Inc. PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -7 By. Signature Michael Amundson Type or Print Name Vice President Title BIDDER: Hardy & Harper, Inc. 32 Rancho Circle Business Street Address Lake Forest, CA 92630 City, State and Zip Code 714-444-1851 Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: Dan T. Maas - President Michael Amundson& Tanner Hambright -Vice President Kristen Paulino - Corporate Secretary Bidder's License Number(s): Department Industrial Relations Registered No. 1000000076 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. 13011W. BIDDER: Hardy& Harper, Inc. SECTION2 r BID DATA FORMS CBF -9 Bond No. CSBA-29096 BIDDER: Hardy & Harper, 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 Hardy & Harper, Inc. as Principal, and Fidelity and Deoosit Company of Maryland , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of the Amount Bid DOLLARS ($10% ), being not less than ten percent (10%) of the Total Bid Price; for the payment ol'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 STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851—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 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 cows. SIGNED AND SEALED, this 20th day of November 2024 Hardy & Harper, Inc. (SEAL) Fidelity and Deposit Company of Maryland (SEAL) Principal l Surety Signature Michael Amundson, Vice President Signature Dwight Reilly, Attorney -in -Fact CBF -10 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 Orange ) On November 21 2024 before me, Morgan E Churnock Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Amundson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(O is/M subscribed to the within Instrument and acknowledged to me that he/sMe/they executed the same in his/her/their authorized capacity(iee), and that by his/her/their signature(t) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. /'- nal All C IItItKIICK ol'y ol)$ t.Blotnit r unty (mnn t113/'S51 g �7�/(nmm txpnc>0 LS 21725 5 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 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Michael Amundson O Corporate Officer — Title(s): N/ira Paging„ r ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper Inc. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F1 Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 11/20/2024 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly 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. " NCLI SA ANN VA= 1Z my hand and official seal. N wy Pulhc cahiemla COUNTY l��MyCmnm.C.ptres61rp12.202G Signature (Seal) Melissa Ann Vaccaro Bond No. CSBA-29096 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA. Stomata ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL of Orange, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland, in their own proper persons. The said Vim President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seats of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of September, A.D. 2023. ..nn 111111Jxp, y� 0 ' $ Pe ooSE4Llin "r,u1n,J \wv 2'np \IK'rJ y ,rIJ,n0'� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF IMAVI AND By: Robert D. Murray Vice President)) C.�dytthL � t:�.Yt.litlY�._- By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 7th day of September, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duty sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seats affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevfeve M. Matson " OENEVIEVE M. MAISON e+anMasEcourrtv,rac cmveyaon ,awxtarr,.xa Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time.,, CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of rhe By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duty called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Pourer or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 20th day of November 2024 . i\4xN a rtN�N V k P .m :. a i0MiISsS�:,4{m4 °SASEALSjI 15 H11„Ilinl\1\ Thomas O. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196.1056 reoortsfclaimsa,mrichna.com 800-626-4577 Authenticity of this bond can be confirmed at boadvalidator.zuricbna.com or 410-559-8790 BIDDER: Hardy & Harper, 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 anyone 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 -11 FFV BIDDER: Hardy & Harper, Inc. 2.11 LIST Or PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location of Subcontractor Address: LA License No.: q rt, G S G Department of Industrial Relation Registration No. /00000443 E Name and Location of Subcontractor Description of Work to be Subcontracted Description of Work to be Subcontracted RACr fm1. Name: SwPEC(at. Pjgybkmowr- Moate/wh Address: 6Y09,0 -SS STeligI1 ,ei License No.: '771,30(o Department of Industrial Relation Registration No. /vd0001471v Name and Location of Subcontractor Description of Work to be Subcontracted Department of Industrial Relation Registration No. /000010 33 0 3 Name and Location of Subcontractor Name: Address: License No.: Department of Industrial Relation Registration No. Cold MILL Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF -12 BIDDER: Hardy & Harper, 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: 1. 2. Please see attached Past Project References Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed Please see attached Past Project References Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Please see attached Past Project References Name and Address of Owner and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -13 BIDDER: Hardy & Harper, Inc. 4. Please see attached Past Project References Name and Address of Owner Name and telephone number of person familiar with project amount Type of Work Date Completed CBF - 14 Hardv & Hamer. Inc. Past Proiect References OWNERIAGENCY CONTACT PROJECT NAME, AMOUNT, & COMPLETION DATE City ofCathedral City Armando Baldizzone Panorama Neighborhood Pavement Reconstruction 68.700 Avenida Lala Guerrero (760) 770-0340 Contract Amount: $636,000.00 Cathedral City, CA 92234 4baldizzone cathedralci .goy Completion Date: July 2024 City of Ontario Yesenia Lopez 2024 Spring Pavement Rehabilitation Project 303 East "B" Street (909) 395-2103 Contract Amount: $2,041,000.00 Ontario,CA 91764 to ontarioca. ov Completion Date: June 2074 City of Los Alamitos Chris Kelley Bloomfield Street Improvement Project 3191 Katella Avenue (562) 431-3538 Contract Amount: $207,000.00 Los Alamitos, CA 90720 ckc1lavOcityoflosalmitos.org Completion Date: April 2024 City of Rancho Santa Margarita Th Nguyen Fy 23-24 Annual Residential Overlay 22112 El Paseo (949) 635.1813 Contract Amount: $829,425.00 Rancho Santa Margarita, CA 92688 m en ci ofrsm.or Completion Date: March 2024 City of Vernon Lissette Melendez Gifford Ave, 48th, 49th & 50th Street Improvements 4305 Santa Fe Avenue (323) 583-8811 Contract Amount: $792,000.00 Vernon, CA 90058 Imelende of ofvemon.or Completion Date: March 2024 City of Signal Hill Davina Buenavism Palm Drive Pavement Rehabilitation Project 2175 Cherry Avenue (310) 766-6985 Contract Amount: $774,000.00 Signal Hill, CA 90755 dincrawistaAkoacoro.com Completion Date: October 2023 City ofManbattan Beach Gilbert Ramos Cycle 2 Street Resurfacing Project 14000 Highland Avenue (310) 802-5353 Contract Amount: $3,110,000.00 Manhattan Beach, CA 90266 gramos0finanhattanbeach.gov, Completion Date: September 2023 San Bemardirm County Larry White Rain Shadow Road and Other Roads 825 East 3rd Street (909) 663-7599 Contract Amount: $830,000.00 San Bernardino, CA 92415 lwhitc@dEw.sbwmty.gov Completion Date: September 2023 City of EI Segundo Floriza Rivera FY 23@4 Pavement Rehabilitation Project 350 Main Street (310) 524-2361 Contract Amount: $1,635,000.00 EI Segundo, CA 90245 firiveraCaletsegundo.om Com letion Data. July 2023 City of La Caftada Flintridge Nasser Shoushtarian 2023 Citywide Street Resurfacing Program I Civic Center Drive (818) 790-8882 Contract Amount: $1,060,000,00 La Canada Flintridge, CA 91011 whowhtarian@lcfca.gov Completion Dm: June 2023 City of Palos Verdes Estates Monica Pango FY 21-22 Street Improvements 340 Palos Verdes Drive West (951) 475-3625 Contract Amount: $1,138,000.00 Palos Verdes Estates, CA 90274 m an o reen.mm Completion Date: May 2023 City of Norwalk Delflno Consunji Local Streets Rehabiliation CDBG FY 22.23 12700 Norwalk Blvd (714) 686-8911 Contract Amount: $956,000.00 Nomalk, CA 90650 dconsunii oeen .com Completion Date: April 2023 City of San Gabriel Alam Mai CDBG Street Improvements Project FY 22123 425 S. Mission Drive (626) 308-2825 Contract Amount: $490,000.00 San Gabriel, CA 91776 mai@sgcb-org Completion Date: March 2023 City of Fullerton Rafael Chavez Residential Street Rehabilitation 303 West Commonwealth Avenue (714) 932-7506 Contract Amount: $1,204,780.00 Fullerton, CA 92832 mfaeLchayez@cityGff4llertoncom Completion Date: February 2023 City of Moreno Valley Quang Nguyen Pavement Rehab. for Various Local Streets CDBG FY 21/22 14177 Frederick Street (951) 413-3159 Contract Amount: $2,444,260.00 Moreno Valley, CA 92552 gumgn@moval.org Completion Date: December2022 City of Grand Terrace Kamran Dadbeh Pavement Rehab. On Barton Rd, Van Buren St & Vivienda Ave 22795 Barton Road (909) 824.6621 Contract Amount: $570,000.00 Grand Terrace, CA 92313 kdadbe endterma>ca. ov Completion Date: September 2022 City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project, Area I 11111 BrookshireAvenue (562) 904.7110 Contract Amount: $2,875,000.00 Downey, CA 90241 d utierr down ca.or Completion Date: June 2022 City of Orange Youichi Nakagawa Prospect & Spring Right Tum Lane Modification Project 300 E. Chapman Avenue (714) 744.5572 Contract Amount: $920,000.00 Orange, CA 92866 lynakagawa@cityofomge.org Completion Date: lune 2022 City of San Fernando Manuel Fabian Pico Street Improvement Project 117 Macneil Street (818) 898-1243 imfabian@sfcity.orgCompletion Contract Amount: $465,000.00 San Fernando, CA 91340 Date: May 2022 Hnrdv & H9rner. Inc. Past Proiect References OWNEWAGENCY CONTACT PROJECT NAME, AMOUNT, & COMPLETION DATE City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project, Area 10 111 t I Brookshire Avenue (562) 904-7110 Contract Amount: $2,355,000.00 Downey, CA 90241 d We downe caor Completion Date: April 2022 City of Jumpa Valley Desiree Floras 2021.22 CDBG Old Mira Lome Pavement Rehabilitation Project 8930 Limonite Avenue (951) 332-6464 Contract Amount: $810,000.00 Jumps Valley, CA 92509 dilmosgurupavalley.mg Completion Date: April 2022 City ofAnaheim Larenze Rea Residential Street Improvement Project - Lotus & Tony, Group 13 200 S. Anaheim Blvd (714) 765-6893 Contract Amount: $5,806,000.00 Anaheim, CA 92805 Irea@zmaheintrict Completion Date: March 2022 County ofRiverside Hector Davila Fisher Street Resurfacing Project 352514th Street (951)955-6885 ContractAmount:$785,560.00 Riverside, CA 92501 bedevil rivw.or Completion Date: February 2022 City of Chino Hills Carl Hassel Village Center Drive Pavement Rehabilitation Project 14000 City Center Drive (909) 364.2817 Contract Amount $405,000.00 Chino Hills, CA 91709 chosel@chinohills.org Completion Date: December 2021 Los Angeles County Peter Sanque Pavement Reconstruction (Sustainable) North LA County 900 S. Fremont Avenue (661) 947.7173 Contract Amount. $1,873,929.57 Alhambra, CA 91803 san ue w.lamun ov Completion Date: November 2021 City of Loma Linda Jarb Thaipejr Pavement Rehab. on Barton Rd, Bryn Maw & Orange Grove 25541 Boston Road (909) 799-2800 Contract Amount: $462,590.00 Loma Linda, CA 92354 Thai e' omalinda-ca. ov Completion Date: November 2021 City ofNoroo Sem Nelson Sixth Street widening 2870 Clark Avenue (951)270-5607 Contract Amount: $785,000.00 Norco, CA 92860 snelso ci.norw.ca.us Completion Date: September 2021 City of Irwindale Luis Pimentel 2020-2021 Resurfacing Project 5050 N. Irwindale Avenue (626) 430-2259 Contract Amount $544,311.93 Irwindale, CA 91706 I imemcl irwindaleca. ov Completion Date: May 2021 City of Brea Steve Kooyman Imperial Highway /Berry St. Intersection Improvements I Civic Center Circle (530)318-1066 Contract Amount: $579,648.80 Brea, CA 92821 skoo man interwest .com Completion Date: May 2021 City ofColum Jess Sotto FY 20-21 Asphalt Paving Project 650 N. La Cadena Drive (909) 370-5551 Contract Amount: $2,695,493.64 Colton, CA 92324 'sotto colmnca ov Completion Date: May 2021 Cit ofBarbank Adam Salehi 2020 Street Improvement Project 301 E. Olive Avenue (818) 238.3946 Contract Amount: $1,253,099.98 Burbank, CA 91502 asalebitaburbankca.gov Completion Date: April 2021 City of Oxnard Renee Hatcher Thin Maintenance Overlay Project Phase 11 (Rebid 2) 300 West Third Street (805)385.8280 Contract Amount $6,550,O00.00 Oxnard CA 93030 nume.hatche xnarca.or Completion Date: November 2020 City of Moreno Valley Michael Wolfe Citywide Pavement Rehabilitation Program FY 19-20 14177 Frederick Street (951) 413-3100 Contract Amount: $4,080,364.90 Moreno Valley, CA 92552 purchasingdivisionamoval.org Completion Date: November 2020 City of Cypress Alex Bangean Arterial Rehabilitation Project 230 5275 Orange Avenue (714) 229-6740 Contract Amount: $1,042,00090 Cypress, CA 90630 abangeartacypressmora Completion Date: August 2020 City of Banning Art Vela Street Rehabilitation at Various Locations 99 East Ramsey Street (951) 922-3130 Cantract Amount $1,451,000.00 Sapping, CA 92220 avela b ca ov Completion Date: March 2020 City of Ontario Bill Braun 2019 Fall Pavement Rehabilitation Project 303 East "B" Street (909) 395-2012 Contract Amount: $4,261,000.00 Ontario, CA 91764 urchasin ontarioca,ov Completion Date: October 2019 City of Pasadena Tony An Preventative Maintenance Services 100 N. Garfield Avenue (626) 744.7403 Contract Amount: $2,424,216.00 [Pasadena, CA 91101 tan ci o asadena.net lCompletion Date: April 2019 BIDDER: Hardy & Harper, Inc. SECTION3 NON-COLL USIONAFFIDAVIT CBF -15 BIDDER: Hardy & Harper, 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. Subscribed and sworn before me This _ day of See Attached Notary F the State Expires: Signature Michael Amundson Typed or Printed Name Vice President Title Hardy & Harper. Inc Bidder CBF -16 (Seal) CALIFORNIA JURAT WITH AFFIANT STATEMIINT GOVERNMENT CODE ® See Attached Document (Notary to cross out Imes 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 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 County of Orange M�1ftG, t' C CHI�RkOCK f��i �, NuUiy Nublu Cali(umla �v '�h � : Oi mge County � ti'r` o �: 6mm�isti m fl 2327551 ad MYt-uinrn Lapues Od 5, 2025 Subscribed and sworn to (or affirmed) before me on this 20 day of November 20 24 by Date Month Year (1) Michael Amundson (and Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeareA, before me. 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: Number of Pages: Signer(s) Other Than Named Above: Document Date: !0 1'dTa 'v � d.d ` u d, . . . , :rl 1 9 irr I i uiiiii 11111 ilii 11111 iiii� ii�ii i�iii i�iii iim 11111 11111 11111 ilio ilii ilii BA20241230236 STATE OF CALIFORNIA Office of the Secretary of State STATEMENT OF INFORMATION CORPORATION California Secretary of State 160011th Street Sacramento, California 95814 (916) 657.5448 Entity Details Officer Address Corporation Name HARDY & HARPER, INC. Entity No. 0443071 Formed In CALIFORNIA Street Address of Principal Office of Corporation DANIEL THOMAS MAAS Principal Address 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Malting Address of corporation Mailing Address 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Attention Street Address of California Office of corporation Street Address of California Office 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Officers For Office Use Only -FILED - File No,: BA20241230236 Date Filed: 7/112024 Officer Name Officer Address Position(s) Kristen S. Paulino 32 RANCHO CIRCLE Secretary, Chief Financial Officer Daniel Thomas Maas Lake Forest, CA 92630 DANIEL THOMAS MAAS 32 RANCHO CIRCLE Chief Executive Officer LAKE FOREST, CA 92630 Additional Officers Officer Name Officer Address Position Stated Position Michael A Amundson 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Vice President Directors Director Name Director Address Tessa Irene Maas 32 Rancho Circle Lake Forest, CA 92630 Daniel Thomas Maas 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Kristen S Paulino 32 RANCHO CIRCLE LAKE FOREST, CA 92630 The number of vacancies on Board of Directors is: 0 Agent for Service of Process Agent Name Agent Address KRISTEN S. PAULINO 32 RANCHO CIRCLE LAKE FOREST, CA 92630 I Type of Business jf Type of Business ASPHALT PAVING CONTRACTOR Page 1 of 2 Email Notifications Opt -in Email Notifications Yes, I opt -in to receive entity notifications via email. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, tot which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code, Electronic signature ® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. Kristen S. Paulin 0710112024 Signature Date Page 2 of 2 CONTRACTORS i dCa STATE LICENSE BOARD •�� ACTIVE LICENSE ..215952 .CORP _ . , HARDY & HARPER INC �.AC-8C12 6,.. �. 12131/2625 www.csib.ca.gov 5128124.9:16AM Registrations ,Contractor Information Registration History.i .. ( Legal Entity Name EHeedva Data ..._ _ —.— Expiration Date ' ._._..__.._... I HARDY & HARPER INC. 06/15/18 06/30/19 i Legal Entity Type 05/09(17 06/30/10 Corporation status 06/08/16 06/30/17 Active Registration Number 06/19/15 06/30/16 i 1000D00076 Registration effective date 07/02/14 06/30/15 07/01/24 07/01/19 06/30/20 1 I Registration expiration date — f 06/30/25 07/01/20 06/30/21 i E Mailing Address _ 132 Rancho Cirde Lake Forest 92630 CA United State... 07/01/21 06/30/22 Physical Addreu 07/01/22 06/30/23 i 32 Rancho Circle Lake Forest 92630 CA United State... ..,_ J Email Address 07/01/23 06/30/24 cicamen@hardyandharpeccom -- Trade Ni m UrDBA 07/01/24 06/30/25 j License Number (s) -------i— CSL&215952 CSLB:215952 j I Legal Entity Information Corporation Entity Number: President Name: Vice President Name: Treasurer Name: Secretary Name: CEO Name: ggpdyy for Service: Agent of Service Name: Agent of Service Mailing Address: Worker's Compensation C0448071 Daniel Maas Commercial Surety Bond Agency 1411 N. Batavia Street, *201 Or. Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below: PEO PEO PEO PEO lnformationName Phone Email Insured by Carrier Polity Holder Name: Hi Insurance Carrier: 81' Policy Number: 0 Inception date: 04 Expiration Date: 04 92867 CA United States of America & Harper, Inc. General Insurance Corporation https:/lcadicmysales(orce-sites.comlContractorSearchlregistrationSearchDetails?id-al R8y000001vmkbEAA 1l1 'r� tal3aRedl;`:iia\ 1 oc a �///x///x//////IIIIIIII ©� g! ! 16 olj b s. •- w 'r� tal3aRedl;`:iia\ 1 CITY OF ROSEMEAD CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR S"TRATHMORE AVENUE AND VIRGINIA STREET-- ROADWAY REHABILITATION PROJECT NO. 21851 FISCAL YEAR 2024-2025 1N THE CITY OF ROSEMEAD s E M f C w^Y d ��voPVM1a,�e PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION 8838 E. VALLEY BOULEVARD ROSEMEAD, CA 91770 TELEPHONE: (626) 569-2150 FAR: (626) 307-9218 BIDS DUE: DECEMBER 4"', 2024 AT 10:30 ANI Superior Paving Company, Inc. dba United Paving Co. 1LP1:10 CITY OF ROSEMEAD STRATHMORE AVENUE AND VTRGLNlA STREET — ROADWAY RE, EIABILTT'ATION PROTECT NO. 21851 SECHONI -BLO SCHEME CONTRACT .BID FORMS CBF -1 Superior Paving Company, Inc. BIDDER: dba United Paving Co. BID ,SCHEDULE SCHEDULE OF PRICES FOR STRATMMORE AN'ENUE AND trlR(' iINIA .STRF.F.T—ROAnXIIAV aF11AR11 ITA'i MNI NO, ITEM DESCRIPTI0N UNIT EST. UNIT ITElI QTY. PRICE COST I TRAFFIC CONTROL AND MOBILIZATION 1 LS $2,31 TRENCH REPAIR ALONG STRATHMORE AVENUE AND VIRGINIA STREET, WORK LIMITS SHOWN ON APPENDIX B: PROJECT PLANS, WORT( SHALL BE AS DETAILED IN APPENDIX A: GEOTECHNICAL EVALUATION — PAVEMENT SETTLEMENT REPORT DATED AUGUST 26TH, 2 2024. WORT( SHALL INCLUDE REMOVAL AND 4,500 SF RE -COMPACTION OF BACKFILL MATERIALS TO A DEPTH OF 48" AND REPLACEMENT OF THE PAVEMENT, IN ACCORDANCE WITH APPENDIX A AND PER TS -4-R1 THROUGH TS -S: CITY OF ROSEMEAD PAVING STANDARDS (SEE SHEET 4 OF APPENDIX B). COLD -MILL 2" EXISTING ASPHALT CONCRETE AND CONSTRUCT 2" AC (WEARING COURSE 3 SHALL BE C2 PG 64-10). WORK LIMITS AS 32,000 SF SHOWN ON SHEET 30FAPPENDIX B - PROJECT PLANS. WORK SHALL INCLUDE CRACK SEALING. ADJUST MANHOLE COVERS TO GRADE, 4 COMPLETE AND IN PLACE. MANHOLES SHOWN 7 EA $ $ yS 735-, ON SHEET3 OF APPENDIX B. ADJUST WATER/GAS VALVES TO GRADE, 5 COMPLETEAND IN PLACE. VALVES SHOWN ON 8 EA SHEET 3 OF APPENDIX B. ADJUST IN -ROAD VAULT TO GRADE, COMPLETE 6 AND IN PLACE. VAULT LOCATION SHOWN ON 1 EA $qT (v l�j.ov $ SHEET 3 OF APPENDIX B, FURNISH AND INSTALL TRAFFIC STRIPING & PAVEMENT MARKINGS. WORK SHALL 7 INCLUDE INSTALLATION OF BLUE 1 LS ,,; RETROFLECTIVE RPMs. SEE SHEET 3 OF ' APPENDIX B: PROJECT PLANS FOR DETAILS, TOTAL BID AMOUNT IN NUA]BERS S,) G,y TOTAL BID AMOUNT IN 1VORDS: �r l/hI The award of Contract shall be based on the TOTAL BASE BID AMOUNT. CBF -2 Superior Paving Company, Inc. BIDDER: dba United Paving Co. In the case of diserepancies in the amount of bid, omit prices shall govern over extended arnormts, and words shall govern over fi rums. Pull compensation for the items listed to the49tzatrr�tl _ / I�ensebkrlat 4:4 right as Items A, $, C, D and E are considered — C. NPDES, W WECP, and Best Management as inclusive in each Bid Item listed above in the Bid Schedule as applicable, and no Practices (BMPs), Public Convenience and additional and/or separate compensation will Safety D. Construction Suilcing by Land Surveyor be allowed. E. Cleaxing and Cirubbin�__� _ _ 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 add unit bid prices. All other world items not specifically listed in the bid schedule, but necessary to corryrlete the world per bid and. contract documents and ail 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 inial compensation under the contract will be based upon the actual quantities of world satisfactorily completed. Note: The City ofRoserneadreserves the right to reduce or increase the quantities of any items inthe schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. If the Bid lists any Additive Alternate bids, the ADDITIVE ALTERNATE BID ITEMS shown per the ADDIT5T ALTERNATE BID SCHEDULE above will not be t,utcen into account in determining the lowest responsible bidder. Citymayaddbid items from the ADDITIVE ALT iX.rEBIDSCHEDLILEat the sole and complete discretion of the City as part of the performance of the contract. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the nurnber of Worldrtg Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is filly executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the ua-itten 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 N/A -Bid Bond Dollars (� NIA - Bid Bond ) said anuountbeing not less than tenpercent (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. CBF -3 Superior Paving Company, Inc, dba United Paving Co. BIDDER: If awarded a Contract, the undersigned agrees to execute the fornnal 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 sameperiod the necessary original Certificates of Insurance, L;ndorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bidis accepted, it will assign to the pracbasing body all rights, title, and interest in and to all causes of action it trray 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 lie 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 a]n ees that liquidated damages shall anralyto this Contract inthe amounts of five hundred dollars ($500.00) ger galendar clay ifpmiect is not completed within the working days specific on he Notice Inviting Bids. The Contract Time will be€±in to run ten (l0)'Workin . Day from the date of the Notice ofPioceed and subieet to the terms and couditions desoribat-in the Contract Form and the Contract Documents Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understandirng and Rill consideration of the following addenda to the Contract Documents, Addenda Nos, NIA The Bidder understands and agrees that the Total Bid Price is hichisive of all labor, materials, and equipment: or supplies necessary to complete the Worts 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 fall for all Work under the contract. M Superior Paving Company, Inc. dba United Paving Co. EXANIINATTON OF SPECIFICATIONS AND SPTE OF WORK The Bidder declares that he/she has carefully read and examined the projectplans, specifications, bid documents, and he/she has made a personal examination of the site (indicate naive of the person, representing the bidder, who inspected the site and date below) and thathe/sheunderstands the exact scope of the Project. Name of Person who inspected the site: Robert Wilson, Director of Public Works/Project Manager Date of Inspection: 11/27/24 ADDENDA ACENOWLED GENT The Bidder acknowledges receipt of the following Addenda and has inchided their provisions in this Proposal: Addendum No, N/A Dated N/A Addendum No. N/A Dated N/A Addendum No. N/A Dated N/A Addendum No. N/A Dated N/A CBF -6 Superior Paving Company, Inc. BIDDER: dba United Paving Co. PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE PUBLIC CONTRACT CODE SECTION 10255.1 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 tatement. Bidders are cautioned that making a false certification may subject the cgO fier tc cri al prosecution. PUBLIC CONTRACT CODE SECTION 10162 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 -6 Superior Paving Company, Inc. dba United Paving Co. BIDDER: PUBLIC CONTRACT COOE 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 iasued 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 Hoard Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -7 By: Mark Wiley Type or Print Name RMO Title Superior Paving Company, Inc. dba United Paving Co. BIDDER: 1880 N. Delilah St. Business Street Address Corona, CA 92879 City, State and Zip Code (951) 739-9200 Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or.loint Venhuers: Bidder's License Nwnber(s): 865828 Department Industrial Relations Registered No. 1000002563 N/A 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 -8 Superior Paving Company, Inc. dba United Paving Co. sEc� z BIDDATA FORMS CBF -9 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 nwnber. h#�1 13117 1,113117 KNOW ALL MEN BY TFIESE PRESENTS: THAT Superior Paving Company, Inc, dba United Paving Company as Principal, and The Ohio Casualty Insurance Company , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of the Amount Bid DOLLARS ($ ---------10%----------- ), being not less than ten percent (10%) ofthe 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 STRATHMORE AVENUE AND VIRGINIA STREET — ROADWAY REHABILITATION PROJECT NO. 21851—as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER andjudgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 2nd day of December , 2024 Superior Paving Company, Inc. The Ohio Casualty dba United Paving Com an (SEAL) Insurance Company ___(SEAL,) Principal Surety `` By: x B x ll�- ignature Signature Print Name/Title: , Kelly Vincent, Attorney -in -Fact XT- do ] CALIFORNIA JURAT GOVERNMENT CODE § 8202 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 Countyof Riverside Place Notary Seal and/or Stomp Above Subscribed and sworn to (or affirmed) before me on this 3rd day of December 20 24 , by Dote Month Year (1) Mark Wiley (and (2) proved to me on be the person( Signature _Z NameW of Sigaens) of of Notary Public 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: Signer(s) Other Than Named Above: 02019 National Notary Association Number of Pages: to r` vct>:r?_iiic,;iiro"is �. ki1Ve19Ce County s` y 3 ✓ Commission r 2403913 My Corn Expires May 10, 2026 .< Place Notary Seal and/or Stomp Above Subscribed and sworn to (or affirmed) before me on this 3rd day of December 20 24 , by Dote Month Year (1) Mark Wiley (and (2) proved to me on be the person( Signature _Z NameW of Sigaens) of of Notary Public 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: Signer(s) Other Than Named Above: 02019 National Notary Association Number of Pages: to APURPOSE 6 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 (.P ✓y011`/ before me, Susan E. Morales, Notary Public Ore�nsaa a angu h ) personally appeared Kelly Vincent who proved to me on the basis of satisfactory evidence to be the personfs) whose name( is/ere subscribed to the within instrument and acknowledged to me that ire/she/they executed the same in frWher/theif authorized capacityfie*, and that by iTis/her/therir 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 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SUSAN E, MORALES I" NOTMMinUBL#G CALIFORNIA 0U1 ONANGECOUNTY —* M"I pyO I MY COMM. ExplfeaApA 14, 2027 Notary Public Signature (Notary Public Seal) Lit ADDITIONAL OPTIONAL INFORP DESCRIPTION OF THE ATTACHED DOCUMENT frills or description of attached docdtnenil (Title or description of attached document continued) Number of Pages / Document Date 0 1, y CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) DQ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM This form ceinplies with etrrmt Califorein stalaaes regarding notary wording and. ifneeded, should he conrpleled and atlached e, the document. dcknoheedgenafrom other slates nsny he completed for docmnents tieing .seat to thal.slale,so long as the wording does not require lire California notary to violate California nanny lane. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment_ • Onto of notarization must be the date that the signers) 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 by a comma and then your title (notary public). • print the names) of document signeds) who personally appear at the time of notarization. • Indicate die correct singular or plural hors by crossing of incorrect fors (ie. hefshehhey- is here ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The 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 pernins, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the 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 die capacity claimed by the signer If the claimed capacity is a corporate affect, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with it staple. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Certificate No: 8212122.977490 West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company Is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusehs, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies', pursuant to and by authority herein set forth, does hereby name, constitute and appoint execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizanoes and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affaed theratothis 18th dayof July , 2024 . Liberty Mutual Insurance Company atY Wst, \NSU/ The Ohio Casualty Insurance Company y0 °ox°°W}�y oP°oepOW}'A° West American Insurance Company (0(0(9 oQ3 Fo°i iirc m0oy1919aa< 9991 0yOxaees�dL�' WmnxP da ���dye * ��M ,t 1.0 By: ❑avid M_ Camv. Assistant fiasretaly of PENNSYLVANIA as Dnthts 18th dayof My 2024 before me personally appeared David M, Carey, who acknowledged himself to be the Assistant Secreteryof liberty Mutual insurance Company, ­Thehio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Sp PAST Q� poxm F( Comm..o,00lih of P.teunsyNanrftlii rySeal Teresanaslellecr coup Public eF MManlaomNj county el MY<°mmo,155b"RP.unhhrmah28,20Ya By; erg Commission nur�er11298Mi 'Now. Teresa Pastels, Nota Public Ilemhee,PemryMNeAzicaationry This Power of Attorney is made and executed pursuant to and by authaily of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual insurance Company, and WestAmerican Insurance Companywhich resolutions are now in full roma and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such Rotation as the Chairman or the President may prescribe, shall appoint such attomeysInt-fact, as may be necessary toad in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogn¢ances and other surety obligations. Such attorneys -In -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporaffon. When so executed, such instruments shall be as binding as 9signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-In-fact under the provisions of this article maybe revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power orauthoMy. ARTICLE XIII —Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the presldentmay prescribe, shall appoint such attorneys -in -tact, as may be necessary to ad in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, racognizances and other surety obligations. Such attomeys-In-fact subject to the limitations set faith in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach (basic the seat of the Company. When so executed such instruments shall be as binding as If signed bythe president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such aboneys-In- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, mcognizances and other surety cbligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents thatfacsimile or mechanically reproduced signature of any assistantseaetaryof the Company, wherever appearing upon a carthed copy of any power of attorney issued by the Company In connection with surely bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the aiginal power of attomey of which the foregoing is a full, We and correct copy of the Power of Attorney executed by said Companies, Is in full force and effect and has not been revoked. IN TESTIMONYWHEREOF, I have heremkiset my hand aad affixed themes of said Companies this c\�nct- dayof IW17 x, \N5U qY INSp'e � \NSU =oa"°gar`°�°ie ti��°onro�}� ym �P=°tteonq}oym Y,�"+j8/nexv aaL - y°3 Haer�da� rg�xornar•aaa By Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC 000 WAIC M°ia Co =21 Superior Paving Company, Inc. dba United Paving Co. 2.13 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of ane-balfof 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 sheets 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 tile 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 itwill allow Bidders twenty-four C24•) additional hours after the deadline for submission ofbids 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 arty 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%) ofthe, Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, m excess of one-half of I peroent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall: only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF - 11 Superior Paving Company, Inc. BIDDER: dba United Paving Co. 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location Superior Pavement Markings Description of Work of Subcontractor Cypress, CA to he Subcontracted Striping Name: Superior Pavement Markings Address: 5312 Cypress Street, Cypress CA 00030 License No.: 776306 Department of lndustrial Rs:lation Registt•atiou No. 100001476 Nano and Location EBS Utilities Adjusting, Inc Description of Work Manhole/Water Valve of Subcontractor Corona; CA to be Subcontracted Raise and Lower Name: EBS LAIRiesAdfustinu Inc Address: 1345 Quarry streak, Corona CA 92879 License No,: 932798 — Department ofindustrial Relation Registration No. 1000004266 Name and Looatiou Magnum Oil Spreading Inc. Description of Work Spraying Tack of Subcontractor Garden Grove, CA to be Subcontracted Name: Magnum Oil Spreadinginc. Address:_ 3812 A Better Way, Garden Grove CA 92843 _ License No.: _A3o36o9 Department of Industrial Relation Registration No. 1000452045 Name and Location High Desert Underground Description of Work oubcontractor Apple Valley, CA to be Subcontracted Trench Backfill f s High Deceit underground Address: 13355 Osage Ct, Suite 203A Apple Valley CA 92308 License No.: 444032 Department of Industrial Relation Registration No. 1000014207 Name and Location of Subcontraotor Description of Work tg be Subcontracted License. No.: Department of Industrial Relation Registration CBF -t2 t:1t5191:10 2.0 Superior Paving Company, Inc. dba United Paving Co. The following are the names, addresses and telephone numbers for three publie agencies for which BIDDER has performed similar work within the past two (2) years: 1, City of Chino Hills - 14000 City Center Dr., Chino Hills CA 91709 Name and Address of Owner Carl Hassel - 909-364-2758 _ Name and telephone number of person, familiar with project $459,316.60 Asphalt remove and replace Nov 2024 Contract amotmt Type of Work Date Completed 2. City of South El Monte - 1415 Santa Anita Ave., South EI Monte, CA 91733 Name and Address of Owner Bruno Callo - 626-652-3163 3. Name and telephone number of person familiar with project Asphalt Remove and Replace, $280;974 Slurry Seal, and Striping June Contract amount Type of Work Date C N and Address of Owner Tim Jones - 323-887-7900 Name and telephone number of person familiar with project Asphalt Remove and Replace, New $781,603.40 Pave, Seal Coat, and Striping August 2024 Contract amount Type of Work Date Completed CBF - 13 0 Name and Address of Owner Superior Paving Company, Inc. dba United Paving Co. BIDDER: - 2985 Bear Street, Costa Mesa. CA Leo Hernandez - 714-424-3610 Name and telephone mualber ofperson familiar with project Asphalt Remove and Replace, Cement Treat, Liquid Road, $1,347,700 and Striping Contract amaunt Type of Work CBF -14 Dec 2023 Date Completed Superior Paving Company, Inc. dba United Paving Co. SECTION3 NCIH COLLUSIONAFFIDAVIT CBF- t5 BIDDER: Superior Paving Company Inc dba United Paving Co. 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, orconference 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 Mark Wilev Typed or Printed Name RMO Title Superior Paving Company Inc dba United Paving Co. Bidder Subscribed and sworn before me This _ day of —,20— (Seal) 20 Notary Public in and for the State of California My Commission Expires: IEW. (Seal) CALIFORNIA JURAT GOVERNMENT CODE § 8202 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 countyof Riverside {, 11Ycr ce C Lnry Com Tisslon 12.03913 qq fN.LJ\ nr Comm zpir s May 10 2026 fr Place Notary Seal and/or Stomp Above Subscribed and sworn to (or affirmed) before me on this 3rd day of December 20 24 , by Date Month Year (1) Mark Wiley (and (�K— Narne(s) of Signer(s) proved to me oq the b sis of be the person( ho ppean Signature ry evidence to me. of Notary Public 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: Signer(s) Other Than Named Above: ©2019 National Notary Association Number of Pages: START OF UNITED PAVING CO. DOCUMENTS - CA license - DIR'license - State of California Information (Proof of Corporation and Officers/Directors) - Contractor's license Bond - CARB Cert $TATS NICENSEC ,3 •pp•�6+.a» ARD ACTIVE LICENSE wac.w.w. 828 AWWaaNw SUPERIOR PAVING COMPANY INC DBA UNITED PAVING Co k va.uK.,wun C 12 A M= W. 10/31/2025 WWW.cefb,Qa.gov PF Depa tment of Industrial Relations STATE OF CALIFORNIA APPLICATION FOR PUBLIC WORKS OR REGISTRATION Registration Information Type: Public Works Period: 07/01/2024 06/30/2027 Contractor Information Contractor Name: SUPERIOR PAVING COMPANY, INC. Trade Name: UNITED PAVING CO. License Type Number: 1000002563 Contractor Physical Address Physical Business Country: United States of America Physical Business Address: 1880 N. DELILAH Sl"REET Contractor Mailing Address Mailing Country: United States of America Mailing Address: 1880 N. DELILAH STREET Contact Info Daytime Phone: Mobile Phone: Physical Business City/ CORONA Province: Physical Business State: CA Physical Business Postal 92879 Code: Mailing City /Province; CORONA Mailing State: CA Mailing Postal Code: 92879 Daytime Phone Ext.: Business Email: laura@united-paving.com Applicant's Email: samantha@united-paving.com Registration Services:: Page 1 of 2 5/28/20241:59:41 PM Workers' Compensation Professional Employer Organization (PEO) .......... ,........ ._. Do you lease employees through ProfesslonaI Employer Organization? Yes PEO Name: BBSI Street address: 862 E. Hospitality Lane Suite 150 City, State, Zip: San Bernardino, CA 92408 PEO Email Address tere.delgado@bbsl.com PEO Phone Numbers: (909) 890-0010 Workers' Compensation Overview Carrier: Ace American Insurance Co. Inception Date: 06/01/2023 Policyholder Name: SUPERIOR PAVING COMPANY, Expiration Date: June 1, 2024 INC. DBA; UNITED PAVING CO. Policy Number: C51336124 Certification Yes i certify that I do not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuantto any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award Yes I certify that the contractor Is not currently debarred underSection 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. Yes 1 certify that one of the following Is true: (1)1 am licensed by the Contractors state License Board (CSLB) In accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code; or (2) my business or trade is not subject to licensing by the CSLB. I understand refunds are not authorized 1, Samantha Ramo, the undersigned, am , SUPERIOR PAVING COMPANY, INC, with the authority to act for and on behalf of the above named contractor, I certify under penalty of perjury that alt of the above information provided Is true and correct. I further acknowledge that any untruthful informatton.provided In this application could result in the certification being canceled. I certify this on; 1;56 PM Legal Entity Information Legal Entity Type: Corporation Name: SUPERIOR PAVING COMPANY, INC, .Registration Servlces:: Page 2 of 2 ! 1111111 III I!I 111111f III Illi STATE OF CALIFORNIA Office of the Secre(afyofState STATEMENT OF INFORMATION CORPORATION Callfomia Secreum of state 150011th 5ffeet Sacramento, California 96514 (016) 653-3518 l 111111111111 IIII IIII VIII lull Illll VIII IIII Ill! VIII Illi) VIII IIII IIII BA20231160345 For Office Use linty -FILED- File No.; BA20231160346 Date Filed; 7124/2023 F_atity Details Officer Address Corporation Name SUPERIOR PAVING COMPANY, INC. Entity No, 2707200 Formed In CALIFORNIA Street Address of f rincipalaffkaof corporation CORONA, CA 92879 Principal Address 1880 NORTH DELILAH ST CORONA, CA 92879 Meiling Acidness of Corporation Mailing Address 18110 NORTH DELILAH ST CORONA, CA 92879 Attention met Address of CaAfa nkOffloA of corporation Street Address of California Office Offioors 1680 NORTH DELILAH BT CORONA, CA 92879 QwRer Name Officer Address Ptlai[len(s) 3ABAS TRUJILLO 1880 NORTH DELILAH ST CORONA, CA 92879 Chief Executive Officer, Secretary, Chief Finanafal Officer Officer Name Offlaer Address I Fosbon stated Po. an None Entered Directors Enactor Name Director Address d Sabas TY4100 1880 NORTH DELILAH ST CORONA, CA 92879 0 Mark Whey 1880 NORTH DELILAH ST CORONA, CA 92879 The number of vacancies on Board Of Directors is: 0 Agentibr9ervica of Process Agent Name Agent Address PATRICK G MURPHY 6285 KATELLA AVE STE 25a CYPRESS, CA 90830 type of Business Typo of Business PAVING, GRADING AND RELATED CO. Opt.frt Emali Notifications I.shm judgment Yee, 10p41n to receive entity notifications via email, Page 1 of 2 w Na Officer or Director of this Corporation has an outstanding final Judgment issued by the Division of Labor ^� Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage w order or provision of the Labor Code. m Elmtronio signawrn N By signing, I affirm that the Information herein Is true and correct and that I am authorized by California law to sign, o SA8A5 T12UJIZZ0 0711412023 ti signature Date N w Page 2 of 2 6 • . p A "`"' q California Secretary of State •h, q W o Business Programs Division 150011th Street, Sacrarpento, CA 95814 SUPERIOR PAVING COMPANY, INC, 1880 NORTH DELILAH ST CORONA, CA 92879 Business Amendment Filing Approved July 24, 2023 Entity Name: SUPERIOR PAVING COMPANY, INC. Entity Type: Stock Corporation - CA - General Entity No.: 2707200 Document Type: Statement of Information Document Nm: BA20231160345 File Date: 07/24/2023 The above referenced document has been approved and filed with the California Secretary of State. To access free copies of filed documents, go to blzflleOntine.sos.ca.gov and enter the entity name or entity number In the Search module. What's Next? The most up to date records may be obtained by searching for the Entity Name or Entity Number in the Search module at bizfleOnline.sos.os racy. For further assistance, contact us at (916) 667.5448 or visit blzfleOniine sos,ca;gov. Thank you for using blzfle California, the California Secretary of State's aF business portal for online filings, searches, business records, and additional resources. ,. I l Z 3 0= w TOKIOMARINE HCC July 19, 2022 Thank you for renewing your bond. Print a copy of the continuation certificate for your records. Contact our renewal team at suretyrenewals@tmhcc.com if the original continuation certificate or original bond is required by the obligee. Bond Summary Principal Name SUPERIOR PAVING COMPANY INC (DBA UNITED PAVING CO) Bond Number BNDAC100260943 Indemnitor Name Shevon Monique Gerard License Number 00865828 Bond Description CA CLB (CONTRACTOR LICENSE) Bond Amount $15,000.00 Premium $365.00 Term Date 10/24/2022 to 10/24/2027 Payment Summary Payment Type Bill On Statement Amount Received $365.00 Reference ID N/A Authorization Date 7/19/2022 Charged By ADRIAN LOO Agent Information PATRIOT RISK AND INSURANCE SERVICES LLC 2415 CAMPUS DRIVE SUITE 200 IRVINE, CA, 92612 (949)486-7900 Your agent information above has been provided for your convenience. Thank you. HUSOUM NENEW06/2016 TOKIO MART N E kZ'N" HCC Tuesday, July 19, 2022 American Contractors Indemnity Company 801 S. Figueroa SI., Suite 700 Los Angeles, CA 90017 main (3 10) 6490990 lacsimile (310) 645 9274 CONTINUATION CERT IFICATE 100260943 CA /.CLB (CONTRACTOR LICENSE) I $15,000.00 principal: SUPERIOR PAVING COMPANY INC (DBA UNITED PAVING CO) 1880 NORTH DELILAH STREET CORONA, CA 92879 Obligee; CALIFORNIA CONTRACTORS STATE LICENSE BOARD P.O. BOX 26000 SACRAMENTO, CA 95826 10/24/2022 1 10/24/2027 THIS BOND CONTINUES IN FORCE TO THE ABOVE EXPIRATION DATE CONDITIONED AND PROVIDED THAT THE LOSSES OR RECOVERIES IN IT AND ALL ENDORSEMENTS SHALL NEVER EXCEED THE PENALTY SET FORTH IN THE BOND AND WHETHER THE LOSSES OR RECOVERIES ARE WITHIN THE FIRST AND/OR SUBSEQUENT OR WITHIN ANY EXTENSION OR RENEWAL PERIOD, PRESENT, PAST OR FUTURE. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed and dated this 1901 day of .alapero°rl., v.: oFa INCORPOMTEO i�- wi, SEP1.35.1990 "��A(IFORK 1Pa° ` Agent: PATRIOT RISK AND INSURANCE SERVICES LLC 2415 CAMPUS DRIVE SUITE 200 IRVINE, CA 92612 2022 American Contractors Indemnity Company ADRIAN LOO, Attorney in Fact HCCSOZZAI_CONTINUATION0612016 9° \\ \\/I 0 21 > 0 Mi Iffa ro 61 'tq END OF UNITED PAVING CO. DOCUMENTS - CA license - DIR license - State of California Information (Proof of Corporation and Officers/Directors) - Contractor's License Bond - CARD Cert 13 Attachment E Resolution No. 2024-70 RESOLUTION NO. 2024-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATE NEW FUNDS FOR THE STRATHMORE AVENUE AND VIRGINIA STREET ROADWAY REHABILITATION (PROJECT NO. 21851) WHEREAS, the City Council adopted the Fiscal Year 2024-25 Operating and Capital Improvement Program budgets on June 27, 2024; and WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget; and WHEREAS, the Fiscal Year 2024-25 budget did not include the Strathmore Avenue and Virginia Street Roadway Rehabilitation Project; and WHEREAS, funding was not allocated for the project in the City's approved 2024-25 Budget thus requiring an amendment to appropriate new funds in the amount of $273,480.00 to cover the cost of the project; and WHEREAS, the new appropriation constitutes an update to the 2024-25 Budget approved pursuant to Resolution No. 2024-30. THE ROSEMEAD CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: SECTION 1: The City Council hereby approves an appropriation in the amount of Two Hundred Seventy -Three Thousand Four Hundred Eighty Dollars ($273,480.00) in Measure M Funds for the Project. SECTION 2: The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10`' day of December, 2024. ATTEST: Rachel H. Richman, City Attorney Steve Ly, Mayor APPROVED AS TO FORM: Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2024-70 was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the I Oh day of December, 2024, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk