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CC - Item 4E - Amendment to the Mission Drive Pedestrian Hybrid Beacon System Contract - Project No. 24013ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER 49�� DATE: MARCH 11, 2025 SUBJECT: AMENDMENT TO THE MISSION DRIVE PEDESTRIAN HYBRID BEACON SYSTEM CONTRACT — PROJECT NO.24013 SUMMARY On March 12, 2024, the City Council approved a one-year construction contract with Calpromax Engineering, Inc., for the Mission Drive Pedestrian Hybrid Beacon System Project — Project No. 24013. This project involves furnishing and installing a pedestrian hybrid beacon system, including the installation of traffic signal poles, communication conduits, a controller cabinet, the removal and replacement of roadway pavement, and the signing and striping of the crosswalk that spans Mission Drive. However, the project's completion has been delayed due to long -lead time items such as the procurement and preparation of timing sheets by Los Angeles County Public Works. All major signal components are now installed. The next phase involves Southern California Edison (SCE) energizing the service pedestal to test and confirm the hybrid beacon system's functionality. The contract with Calpromax Engineering, Inc., expires on March 12, 2025. To ensure project completion, staff requests a four month contract extension. Although most heavy construction is complete, the extension allows SCE, who often provides longer -than - expected wait times for energization, and staff to address punch -list items and close out the project. DISCUSSION, The City Council, on March 12, 2024, entered into a one-year construction contract with Calpromax Engineering, Inc. The project aimed to enhance pedestrian safety on Mission Drive through the installation of a pedestrian hybrid beacon system. This involved setting up traffic signal poles, installing communication conduits, and placing a controller cabinet. The project also required improvements to the roadway pavement and updating the signage and striping of the crosswalk. Initially,. the completion date faced delays due to extended procurement times for the service cabinet and the preparation of timing sheets by Los Angeles County Public Works. AGENDA ITEM 4.E City Council Meeting March 11, 2025 Page 2 of 3 However, despite these challenges, the installation of the major signal components have now been completed. Southern California Edison (SCE) is currently collaborating with city staff to determine the earliest possible date to connect power to the service pedestal. Energizing this pedestal is crucial because it will allow staff to conduct signal turn -on tests and ensure the hybrid beacon system is fully operational. Though the current agreement with Calpromax Engineering, Inc. is set to expire on March 12, 2025, staff is seeking the City Council's approval for a four month extension to the contract. This extension aims to ensure the successful completion and commissioning of the hybrid beacon signal without incurring additional costs. With the completion of the installation and the pending connection of power, the hybrid signal beacon will enhance pedestrian safety significantly, particularly for park goers and students. The proposed contract extension will provide additional time for final testing and adjustments, ensuring the system is fully functional and reliable for public use. STAFF RECOMMENDATION It is recommended that the City Council authorize the City Manager to sign and execute an amendment to the Construction Contract with Calpromax Engineering, Inc., for the Mission Drive Pedestrian Hybrid Beacon System Project to extend the contract through July 11, 2025. FISCAL IMPACT None. STRATEGIC PLAN IMPACT This item is consistent with the City's 2030 Strategic Plan Goal C — Infrastructure and Facilities — by renovating and enhancing streets, sidewalks, and public infrastructure; coordinating with relevant utility agencies regarding safety and enhancements; and modernizing 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: Ae6nardcWartinez, Transtech Engineers City Council Meeting March 11, 2025 Page 3 of 3 Submitted by: Works Attachment A: Executed Construction Contract with Calpromax Engineering, Inc. Attachment B: March 12, 2014, City Council Staff Report — Award of Contract to Calpromax, Inc. for the Mission Drive Pedestrian Hybrid Beacon System, Project No. 24013 Attachment C: Amendment to Construction Contract (Calpromax Engineering, Inc.) Attachment A Executed Construction Contract with Calpromax Engineering, Inc. E 5 � O /NCORPORATED 19g9 CONSTRUCTION CONTRACT MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM, PROJECT No. 24013 LACMTA PROJECT ID# MM4701.08 CALPROMAX ENGINEERING, INC. 1. PARTIES AND DATE This Contract is made and entered into this 12'h day of March, 2024 (Effective Date) by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and CALPROMAX ENGINEERING, INC. with its principal place of business at 700 S. VAN BUREN ST. STE C PLACENTIA, CA 92870 (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 MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM PROJECT by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project") as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and CALPROMAX ENGINEERING, 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 March 12th, 2025 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Ben Kim, or his designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Maria Armogeda, 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 CALPROMAX ENGINEERING, INC. Page 3of11 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 CALPROMAX ENGINEERING, 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 CALPROMAX ENGINEERING, INC. Page 5 of 11 request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VI II and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Three Hundred Twenty -Five Thousand One Hundred Seventy -Five Dollars ($325,175.00) 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 CALPROMAX ENGINEERING, INC. Page 6 of 11 such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow 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 underthis Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: CALPROMAX ENGINEERING, INC. 700 S. VAN BUREN ST. STE C Placentia, CA, 92870 Attn: Maria Armogeda Tel: (714) 573-4599 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 CALPROMAX ENGINEERING, INC. Page 7 of 11 party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 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 CALPROMAX ENGINEERING, INC. Page 8 of 11 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 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 CALPROMAX ENGINEERING, INC. Page 9of11 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 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] CALPROMAX ENGINEERING, INC. Page 10 of 11 CITY OF ROSEMEAD CALPROMAX ENGINEERING, INC B y: 0 VX �C�C2dZy Ben Kirny z ity Manager Date Ifnature Date Attest ' .2� Ericka Hemandez, City Clerk ate Approved as to Farm: Rachel Richman, City Atta y Date Name: NIZAR KABBANY Print Titre: PRESIDENT (ifCorporafion, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED) 77 Name: MARIAARMOGEDA Title: VP/SECRETARY/TREASURER CALPROMAX ENGINEERING, INC. EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL BIDDER: CALPROMAX ENGINEERING, INC. CITY OF ROSEMEAD MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM, PROJECT No. 24013 LACMTA PROJECT ID# MM4701.08 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF-1 BIDDER: CALPROMAX ENGINEERING, INC. BASE BID SCHEDULE SCHEDULE OF PRICES FOR MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM, PROJECT No. 24013 LACMTA PROJECT ID# MM4701.08 N0. ITEM DESCRIPTION . ESTQTY. UNIT UNIT PRICE ITEM COST 1.0 Mobilization, Demobilization & Safety Meeting 1 LS $ $ 2.0 Temporary Traffic Control 1 LS $ $ 3.0 Potholing 1 LS $ $ 4.0 Utility Coordination 1 LS $ $ 5.1 Remove existing Striping in conflict of final pavement delineation, Per Appendix A— Project Plans 315 LF $ $ 5.2 Remove existing Pavement Marking, Per Appendix A — Project Plans 470 SF $ $ 5.3 Remove Sign, Per Appendix A — Project Plans 3 EA $ $ 5.4 Install Striping, Per Appendix A — Project Plans 470 LF $ $ 5.5 Install Pavement Marking, Per Appendix A — Project Plans 470 SF $ $ 5.6 Paint Red Curb Markings, Per Appendix A — Project Plans 27 LF $ $ 5.7 Furnish and Install (F&I) Sign Panel, Per Appendix A— Project Plans 14 EA $ $ 5'8 Furnish and Install Sign & Post, Per Appendix A —Project Plans 4 EA $ $ 6.1 Remove and Salvage Signal Pole, Attached Equipment, Foundation and Pull Box, Per Appendix A — Project Plans 2 EA $ $ 6.2 Furnish and Install 2070 ATC Controller, 332 Controller Cabinet and Foundation Complete, Per Appendix A — Project Plans 1 LS $ $ 6.3 Furnish and Install Service Cabinet and Foundation Complete, Per Appendix A — Project Plans 1 LS $ $ CBF-2 BIDDER: CALPROMAX ENGINEERING, INC. N0. ITEM DESCRIPTION CITY EST. UNIT UNIT PRICE ITEM COST 6.4 Furnish and Install APS Pedestrian Push Button System Complete or Approved Equal, Per Appendix A —Project Plans 1 LS $ $ 6.5 Furnish and Install Type 19 Pole and Foundation, Per Appendix A — Project Plans 2 EA $ $ 6.6 Furnish and Install 30' Signal Mast Arm, per Appendix A — Project Plans 2 EA $ $ 6.7 Furnish and Install 12' Luminaire Mast Arm & 250W Eq Luminaire, Per Appendix A — Project Plans 2 EA $ $ 6.8 Furnish and Install 3-12" Vehicle Head w/ Mounting & Backplate, Per Appendix A — Project Plans 6 EA $ $ 6'9 Furnish and Install Countdown Pedestrian Head w/ Mounting, Per Appendix A — Project Plans 2 EA $ $ 6.10 Furnish and Install #6 Pull Box, Per Appendix A — Project Plans 3 EA $ $ 6.11 Furnish and Install #5 Pull Box, Per Appendix A —Project Plans 1 EA $ $ 6.12 Furnish and Install Reflectorize Street Name Sign, Per Appendix A — Project plans 3 EA $ $ 6.13 Furnish and Install Internally - Illuminated PED Xing Sign, Per Appendix A — Project Plans 2 EA $ $ 6.14 Furnish and Install 3" Conduit, Per Appendix A —Project Plans 120 LF $ $ 6.15 Install Wiring, Per Appendix A — Project Plans 1 LS $ $ 6.16 Sawcut Existing AC Pavement 165 LF $ $ 6.17 Remove and Dispose of Existing pavement Section 1285 SF $ $ 6.18 Construct ARHM Asphalt Pavement (2"), per Appendix A — Project Plans 16 TON $ $ TOTAL BASE BID AMOUNT IN NUMBERS $ 325,175.00 CBF-3 TOTAL BASE BID AMOUNT IN WORDS: HUNDRED SEVENTY FIVE DOLLARS & ZERO CENT BIDDER: CALPROMAX ENGINEERING, INC. THREE HUNDRED TWENTY FIVE THOUSAND ONE 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. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures. The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 10% of the total bid price Dollars ($ ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained CBF - 4 BIDDER: CALPROMAX ENGINEERING, INC. by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed within the working days specified on the Notice Inviting; Bids. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF-5 BIDDER: CALPROMAX ENGINEERING, 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: JOSEI.VEGA 02/12/2024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum N Addendum No. Addendum No. Addendum No. Dated 02/06/2024 Dated 02/14/2024 Dated Dated CBF-6 BIDDER: CALPROMAX ENGINEERING, 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. 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 I/ If the answer is yes, explain the circumstances in the following space. CBF-7 BIDDER: CALPROMAX ENGINEERING, 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. By: -Signa re MARIA ARMOGEDA Type or Print Name Vice President Title BIDDER: CALPROMAX ENGINEERING, INC. 700 S. VAN BUREN ST., STE C Business Street Address PLACENTIA, CA 92870 City, State and Zip Code (714) 573-4599 Telephone Number Bidder's/Contractor's State of Incorporation: CALIFORNIA Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. 995933 1000028249 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 •equired to provide evidence that the person signing on behalf of thl :orporation, partnership or joint venture has the authority to do so CBF - 9 BIDDER: CALPROMAX ENGINEERING, INC. SECTION 2 BID DATA FORMS CBF - 10 BIDDER: Calpromax Engineeering, 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 Calpromax Engineeering, Inc. , as Principal, and United States Fire Insurance Company , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Amount Bid DOLLARS ($ 10% ), 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 MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated February 21, 2024 NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 9th day of February 20 24. Calpromax Engineeering, Inc. (SEAL) United States Fire Insurance Company (SEAL) Principal `Surety- ___'> /r� B C(�_ _ By: Y� _ /Sig-dature Signature Maria Pena, Attorney -in -Fact CBF - 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ) ss County of Los Angeles ) i, 4 On before me, Noemi Quiroz, Notary Public, personally appeared Maria Pena who proved to me on the basis of satisfactory evidence to be the person4s4 whose name(4 is/a+e subscribed to the within instrument and acknowledged to me that he, sheA4" executed the same in h!gherA*ek authorized capacity+ , and that by his/her hei signature4s on the instrument the person(&), or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 0 (Seal) Noemi Quiroz, Notary Public POW ER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE -MORRISTOWN, NEW JERSEY 01687 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: C. K. Nakamura, Noemi Quiroz, Maria Pena, Tim M. Tomko, Jessica Rosser, Natalie K. Trofimoff, Lisa L. Thornton, Patricia S. Arana each, its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United Slates Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Unlimited This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attomey is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of The Board, President, any Vice -President, any Assistant Vice President, die Secretary, or any Assistant Secretary shall have power on behalf oFthe Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September, 2021. UNITED STATES FIRE INSURANCE COMPANY Matthew E. Lubin, President State of New Jersey) County of Morris ) On this 28th day of September, 2021. before me, allotary public ofthe State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. MEL. SM H. D'ALESM ROTARY PMIC OF NEW JBW Melissa H. D'Alessio (Notary Public) 1, the undersigned officer of United Stales Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power`of Attomey of which the foregoing is a full, true and correct copy is still in force and effect'and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 UNITED STATES FIRE INSURANCE COMPANY 024 Michael C. Fay, Senior Vice President BIDDER: CALPROMAX ENGINEERING, INC. 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF - 12 BIDDER: CALPAROMAX ENGINEERING, INC. 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Description of Work of Subcontractor to be Subcontracted STRIPING Name: Swerior Pavement Markings Address: 5312 Cypress St., Cypress, CA 90630 License No.: 776306 Department of Industrial Relation Registration No. 1000001476 Name and Location of Subcontractor Name: Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF - 13 BIDDER: CALPROMAX ENGINEERING, INC. 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. City of Manhattan Beach, 1400 Highland Avenue, Manhattan Beach CA 90266 Name and Address of Owner Helen Shi (310) 802-5354 Name and telephone number of person familiar with project $611, 938.00 Upgrade traffic signal system 06/23/2023 Contract amount Type of Work Date Completed 2 Department of Transportation, 6533 Marine Way, Irvine, CA 92618 Name and Address of Owner Gagandeep Sidhu (949) 279-8466 Name and telephone number of person familiar with project $664,988.00 Modify signal & lighting systems 01/13/2023 Contract amount Type of Work Date'Completed 3. Department of Transportation District 8 Construction, 41604 Corporate Way, Palm Desert CA 92260 Name and Address of Owner Francisco Montellano (951) 232-6413 Name and telephone number of person familiar with project $2,998,580.00 Minor concrete, Modify signal and lighting systems 12/15/2023 Contract amount Type of Work CBF - 14 Date Completed BIDDER: CALPROMAX ENGINEERING, INC. 4. City of South El Monte, 1415 N. Santa Anita Ave., South El Monte, CA 91733 Name and Address of Owner Okan Demirci (714) 319-6137 Name and telephone number of person familiar with project $609,076.00 Modification and installation of signal;and lighting 07/30/2021 Contract amount Type of Work Date Completed CBF - 15 M SECTION 3 NON- COLLUSIONAFFIDA VIT CBF-16 CALPROMAX ENGINEERING, INC. BIDDER: CALPROMAX ENGINEERING, 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. A notary public or other officer completing this certifcateverifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or vAldity of that document. MARIA ARMOGEDA Typed or Printed Name Vice President Title CALPROMAX ENGINEERING, INC. Bidder Subscribed and sworn before me This [qrh day of t r.� (%t,lrg 20-Lt Notary Public in and for the State of California My Commission Expires: /—h, rr f 2 i2at� CBF-17 (Seal) 1EFFREY A. LARSON COMM. #2325983 Z z , = Notary Public • California o w i Orange County M Comm, Expires A— 2, 2024 CITY OF ROSEMEAD MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM, PROJECT No. 24013 LACMTA PROJECT ID# MM4701.08 PAYMENT BOND Bond No. 602-137199-7 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to CALPROMAX ENGINEERING, INC. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM PROJECT LACMTA PROJECT ID# MM4701.08 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 March 12, 2024 (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 CALPROMAX ENGINEERING, INC. the undersigned Contractor, as Principal and United States Fire Insurance Company , a corporation organized and existing under the laws of the State of DE 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 Three Hundre Twenty Five Thousand One Hundred Seventy Five and Noll00ths aforesaid excepting the said Contractor, the sum of dollars, ($ 325,175.00 ), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of PAYMENT BOND - 1 the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 14th day on March .20 24 . CALPROMAX ENGINEERING, Principal/Contractor A Lo United States Fire Insurance Company Suretyf f— )� - zll By: \Atto*Y-Ain-Fct LisaL)Thornton PAYMENT BOND - 2 STATE OF CALIFORNIA ) COUNTY OF ) ss. SEE ATTACHED NOTARY ACKNOWLEDGEMENT FOR SURETY On this day of , in the year , before me, a Notary Public in and for said state, personally appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. (SEAL) My Commission Expires Notary Public in and for said State PAYMENT BOND - 3 CERTIFICATE AS TO CORPORATE PRINCIPAL 1 , certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that 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 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 ) ) ss County of Los Angeles ) On �' , before me, Patricia Ara na, Notary Public, personally appeared Lisa L. Thornton who proved to me on the basis of satisfactory evidence to be the personks4 whose names) is/ar-e subscribed to the within instrument and acknowledged to me that 4@�sheA4" executed the same in #4,/her{4e* authorized capacity4es4, and that by #i-,/hery& signatures} on the instrument the person, or the entity upon behalf of which the persons) 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. PATRICIA ARANA (Seal) DO_t-�ikmy Notary Public - California Los Angeles CountyCommission # 2401773 Comm. Expires Apr 23, 2026 v- n Signature: Platr+c+a--Xrana, Notary Public POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 01687 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: C. K. Nakamura, Noemi Quiroz, Maria Pena, Tim M. Tomko, Jessica Rosser, Natalie K. Trofimoff, Lisa L. Thornton, Patricia S. Arana each, its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Unlimited This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September, 2021. UNITED STATES FIRE INSURANCE COMPANY 8""'OR, State of New Jersey) County of Morris } Matthew E. Lubin, President On this 28th day of September, 2021, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. MEUSSA K D'Pd.E881C NOTARY P1l" OF W# 0Y my emoblim Eon 41= Melissa H. D'Alessio (Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 URANCE COMPANY UNITED STATES FHiE INS ` I ONSB)" far Michael C. Fay, Senior Vice President CITY OF ROSEMEAD MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM, PROJECT No. 24013 LACMTA PROJECT ID# MM4701.08 PERFORMANCE BOND Bond No. 602-137199-7 PERFORMANCE BOND WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to CALPROMAX ENGINEERING, INC. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM PROJECT and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated March 12, 2024 (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 CALPROMAX ENGINEERING, INC. , the undersigned Contractor, as Principal, and United States Fire Insurance Company a corporation organized and existing under the laws of the State of DE , 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 Three Hundred Twenty Five Thousand One Hundred Seventy Five and No/100ths dollars ($ 325,175.00 ), 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 ifthe Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - 1 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 14th day on March , 2024 . CALPROMAX ENGINEERING, United States Fire Insurance Company Surety A-ter-riey_in4'Fact. Li a L. Thornton The rate of premium on this bond is $12.50 per thousand. The total amount of premium charged, $ 4,065.00 (The above must be filled in by corporate surety.) PERFORMANCE BOND - 2 STATE OF CALIFORNIA ss. COUNTY OF ) SEE ATTACHED NOTARY ACKNOWLEDGEMENT FOR SURETY On this day of , in the year , before me, a Notary Public in and for said state, personally appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. (SEAL) My Commission expires Notary Public in and for said State 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 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 ) ss County of Los Angeles ) On , before me, Patricia Arana, Notary Public, personally appeared Lisa L. Thornton who proved to me on the basis of satisfactory evidence to be the person4s4 whose namek4 is/aFe subscribed to the within instrument and acknowledged to me that 4e�she4hey executed the same in WherA4eill; authorized capacity, and that by Where signaturek4 on the instrument the person{s}, or the entity upon behalf of which the persons; 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. (Seal) c� °t rti PATRICIA ARANA Notary Public - California z Los Angeles County Commission # 2401773 c�i� My Comm. Expires Apr 23, 2026 7 Signature: Patricia ATarta, Notary Public POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 01687 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: C. K. Nakamura, Noemi Quiroz, Maria Pena, Tim M. Tomko, Jessica Rosser, Natalie K. Trofimoff, Lisa L. Thornton, Patricia S. Arana each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Unlimited This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September, 2021. UNITED STATES FHtE INSURANCE COMPANY 0 Matthew E. Lubin, President State of New Jersey} County of Morris } On this 28th day of September, 2021, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. MEUSM H. tYAlF881O NOTARY P11611C OF NEW JE M C wamhWI n 0 50125= Melissa H. D'Alessio (Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 UNITED STATES FIRE INSURANCE COMPANY Michael C. Fay, Senior Vice President CALPROMAX ENGINEERING, INC. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: CALPROMAX ENGINEERING, 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- or better and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 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 CALPROMAX ENGINEERING, 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 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. CALPROMAX ENGINEERING, INC. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self -insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered CALPROMAX ENGINEERING, 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. AD►® CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDD1YYYY) 3/4/2024 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polfcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, 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 Newport Beach-Alliant Insurance Services, Inc. 18100 Von Kerman Ave Irvine CA 92612 N&bE-OT Sohem Nalk PxoNe 94a3751136 FAY 949 756 2713 E-MAIL E • Soham.Nalk alllant.corn INSURER AFFORDING COVERAGE RAIC# INSIRERA: Continental Insurance Company 35289 Lice seM OC36861 INSURED CALPENGOt INSURER B: Zurich American Insurance Comp 16535 Calpromax Engineering, Inc. 650 N. Rose Dr. #186 INSURERC: Amer Guarantee & Llab Ins Co 26247 INSURERD: Crum & Forster Specialty Insur 44520 Placentia CA 92870 INSU RER E : INSU RER F COVERAGES CERTIFICATE NUMBER:941050312 REVISION NUMBER: 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. INSR LTR TYPE OF INS U RANCE ADDLSUBR POLICYNUMBER POLIICYEFF 12/16/2023 POLICY EXP 12/16/2024 LIMITS B X COMMERCIAL GEN ERALLIABILITY Y Y GLO 9784996 - 00 EACH OCCURRENCE $ $1,000,000 CLAIMS -MADE Q OCCUR PREMISES fEa occwremal $ 1 D0 000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $1,000,000 GENL AGGREGATE UMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY O ,pC M LOG PRODUCTS-COMP/OPAGG $2000.000 " $ OTHER: B AUTOMOBILE LIABILITY V Y BAP 6986390- 00 12/16/2023 12/16l2024 COTINEDSINGLE LIMIT Ee ecddenl $ $1,000,000 BODILY INJURY (Per perem) $ X ANYAUTO 1AUTOS OWNED SCHEDULED AUTOSONLY AUTOS BODILY INJURY (Per acciden0 $ HIRED NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per cd $ $ CD X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE SXS 6767726.00 SEO-127508 12/1612023 12 I612023 12/16/2024 12118/2024 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANYPROPRIEfORlPARTNER/EXECUTIVE ❑ OFFICERIMEMBEREXCLUDED7 (Mandalay in NH) N!A WC 6986392 - 00 12l1612023 12/1612024 X ST ME ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, desaibe under DESCRIPTION OF OPERATIONS below I I E.L. DISEASE -POLICY LIMIT $1,000,000 A Inland Madne 6080805182 12/18/2023 12/18/2024 Seas�/�mgM2 n1 �+ 23 ,157 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks 8chodule, may be attach ad it more space is required) Re: Mission Drive : Pedestrian Hybrid Beacon System Project No. 24013 LACMTA Project ID# MM4701.08 City of Rosemead, and Agency Including Its officers, officials, employees, and agents are named as Addltlonal Insured parthe attached endorsements on Primary and Non-Contrlbulory basis. Welver of Subrogatlon applies per attached endorsements. Thirty (30) Days Notice of Cancellation Applies/Non-Renewal - Ten (10) Days Notice For Non -Payment of Premium. City of Rosemead 8838 E. Valley Boulevard Attn: Ben Kim, City Manager Rosemead, CA 91770 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WTH THE POLICY PROVISIONS. AU THORIZED REPRESENTATIVE 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks ofACORD Additional Insured — Antom atic — Owners, Lessees Or Z U R C C H Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No, GLO 6784996 - 00 Effective Date: 12/16/2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires thatyou provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or"personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U-Gl 2162-A CW (02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. POLICY NUMBER: GLO 6784996 - 00 in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract orwritten agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury". offense occurs during the policy period and subsequent to your execution of the written contract orwritten agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contractor written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person•or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contractor written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract orwritten agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and each written contract orwritten agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition orif no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contractor written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than thatwhich you are required by the written contract orwritten agreement to provide for such additional insured; (3) Only applies if the 'bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract orwritten agreement, and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U-GL-2162-A CW (02/19) Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., witli its permission. POLICY NUMBER: GLO 6784996 - 00 B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer underwhich die additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that tills coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III — Limits Of Insurance: ,, Additional Insured —Automatic —Owners, Lessees Or Contractors Limit A_ The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-2162-A CW (02119) Page 3of4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: GLO 6784996 - 00 1. Required by tie written contractor written agreement referenced in Section A. of this endorsement, or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in lie Declarations. All other terms, conditions, provisions and exclusions of this policy remain die same. U-GL-2162-A CW (02119) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., witii its permission. Waiver Of Subrogation (Blanket) Endorsement Policy No. aff, Date of Pot. I Exp. Date of Pot, I Hff. Date of Bnd. GLO 6784996 - 0 12/16/2023 12/16/2024 12/11/2023 0 ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: if you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest U-GL-925-B CW (12101) Page I of I 0 Contractors Liability Supplemental Coverages and Conditions ZU RIC H THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 6784996 - 00 Effective Date: 12/16/2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part NON -OWNED WATERCRAFT SCHEDULE Watercraft Length: feet (If no amount is shown above, 51 feet applies.) A. Non -owned Watercraft Liability Extended Coverage Paragraph (2) of Exclusion 2.g. Aircraft, Auto Or Watercraft under Section I —Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: (a) Less than the length shown in the Non -Owned Watercraft Schedule of this endorsement; and (b) N of being used to carry persons or property for a charge; B. Damage To Premises Rented Or Occupied By You 1. The last paragraph under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through in. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage to Premises Rented To You Limit of Insurance applies to this coverage as described in Section III — Limits Of Insurance. 2. The paragraph directly following Paragraph (6) in Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage by "specific perils"), including "property damage" to the contents of such premises, rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section III —Limits Of Insurance. 3. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the mostwe will pay under Coverage A for damages because of"property damage" to any one premises while rented to you, or in the case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. 4. Paragraph a_ of the "insured contract' definition under the Definitions Section is replaced by the following: a. A contract for a lease ofpremises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied by you with pennission of the owner is not an "insured contract"; U-GL-1060-F CW (05/22) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. witli its permission. POLICY NUMBER: GLO 6784996 - 00 5. Paragraph (ii) under Paragraph 4.b.(1) of the Other Insurance Condition under Section IV —Commercial General Liability Conditions is replaced by the following: (ii) That is property insurance providing coverage for "specific perils" for premises rented to you or temporarily occupied by you with permission of the owner; 6. The following definitions are added to the Definitions Section: "Specific perils" means fire, lightning, explosion, windstorm or hail, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment, weight of snow, ice or sleet or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. C_ Additional Insured — Lessor Of Leased Equipment — Automatic Status When Required In Lease Agreement With You 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipmentwhen you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organizations) is an additional insured only with respectto liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted bylaw; and b. Will not be broader than that which you are required by the contractor agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -- Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by tihe written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations. Additional Insured — Managers Or Lessors Of Premises 1. Section 11 — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) that you have agreed in a written contract or written agreement to name as an additional insured, but only with respect to liability arising out of tile ownership, maintenance or use of that part of premises leased to you and subject to tile following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place afteryou cease to be a tenantin that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured manager or lessor of the premises leased to you. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. U-GL-1060-F CW (05122) Page 2of6 Includes copyrighted material of Insurance services office, Inc. with its permission. POLICY NUMBER: GLO 6784996 - 00 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The mostwe will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract orwritten agreementyou have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph 0. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured —State Or Govemmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations 1. Section II —Who Is An Insured is amended to include as an additional insured any state or govemmental agency or subdivision or political subdivision thatyou have agreed in a written contract orwritten agreement or thatyou are required by statute, ordinance or regulation to name as an additional insured, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage included within the "products -completed operations hazard". However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III —Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by Hie written contract orwritten agreementyou have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph E. shall not increase Hie applicable Limits of Insurance shown in Hie Declarations. F. Personal And Advertising Injury Coverage —Assumed Under Contract Or Agreement 1. Exclusion e. of Section I — Coverage B — Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for "personal and advertising injury" if: (a) The liability pertains to yourbusiness and is assumed in a contract or agreement thatis an "insured contract; and (b) The "personal and advertising injury" occurs subsequent to the execution of the contract or agreement. U-GL-1060-F CW (05122) Page of 6 Inoludes copyrighted material of Insurance Services Office, Inc. with its permission. POLICYNUMBER: GLO 6784996 - 00 Solely for the purposes of liability so assumed in such "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury", provided: (i) Liability to such party for, or for the cost of, that parry's defense has also been assumed in the same contractor agreement; and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. For purposes of this "personal and advertising injury" coverage only: Paragraph d, and tie second to last paragraph under Paragraph 2. of Supplementary Payments — Coverages A and B are replaced by the following: d. The allegations in the "suit' and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our requestwill be paid as Supplementary Payments. Such payments will not be deemed to be damages for "bodily injury", "property damage" or "personal and advertising injury" and will not reduce the limits of Insurance. G. Insured Contract Amendment Paragraph f. and f.(1) through f.(3) of the "insured contract" definition under the Definitions Section is replaced by the following: f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed fora municipality) underwhich you assume the tortiiability of another to pay for "bodily injury", "property damage" or "personal and advertising injury" to a third person or organization. Tort liability means a liability thatwould be imposed by law in the absence of any contract oragreement. Paragraph L does notinclude that partof any contractor agreement (1) That indemnifies a railroad for "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the Insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities; (4) That indemnifies a person or organization for "personal and advertising injury": (a) Arising out of advertising, publishing, broadcasting or telecasting done for you or on your behalf; or (b) To an "employee" of such person or organization that does advertising, publishing, broadcasting or telecasting for you or on your behalf, or (6) That indemnifies a labor leasing firm for "bodily injury" to "leased workers". H. Medical Payments— increased Reporting Period Paragraph a. of Section I — Coverage C — Medical Payments is replaced by the following: a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; U-GL-1060-F GW (05/22) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: GLO 6784996 - 00 provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. I. Broad Bail Bond Coverage Paragraph 1.b. under Supplementary Payments — CoveragesA And B is replaced by the following: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds, J. Amendment —Duties In The Event of Occurrence, Offense, Claim or Suit The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV —Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to your officer, manager, partner or an "employee" authorized by you to give or receive such notice. Knowledge by "employees" other than your officer, manager, partner or "employee" authorized by you to give or receive such notice of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. In the event that an Insured reports an "occurrence" to your workers compensation carrier and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. K. Unintentional Failure To Disclose Or Describe Hazards Paragraph 6. Representations of Section IV — Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: (1) Fail to disclose all hazards existing at the inception of this policy; or (2) Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. L. Bodily Injury Redefined The "bodily injury" definition under the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish, mental injury, shock or fright resulting from bodily injury, sickness or disease. M. Two Or More Of Our Coverage Parts/Policies The following is added to Section III — Limits of Insurance: 1. Subject to Paragraph 2. or 3. above, whichever applies, if this Coverage Part and any other Commercial General Liability Coverage Part or policy providing Commercial General Liability insurance issued to you by LIs or any other U-GL-1060-F CW (05/22) Page 5 of 6 Includes copyrighted material of Insurance Services office, Inc. witli Its permission. POLICY NUMBER: GLO 6794996 - 00 Zurich underwriting company affiliated with us apply to the same 'occurrence", only the highest available Each Occurrence Limit under any such Coverage Part or policy applies to such "occurrence". 2. Subject to Paragraph 2. above, if this Coverage Part and any other Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same offense, only the highest available Personal And Advertising Injury Limit under any such Coverage Part or policy applies to such offense. 3. Under this Coverage Part and all other Zurich underwriting company Coverage Parts or policies to which Paragraphs 1. and 2. above combined apply, the mostwe will pay forall Injury ordamage because of "bodily injury" or "property damage" 'occurrences", "personal and advertising Injury" offenses and medical expenses is: a. The single highest Coverage Part or policy General Aggregate Limit; or b. The single highest Coverage Part or policy Products -Completed Operations Aggregate Limit, whichever applies, whether such 'occurrence", offenses or medical expenses are covered by one or more than one Zurich underwriting company policy. 4. Any existing provisions under Paragraph 4 other Insurance under Section IV — Commercial General Liability Conditions that may be contrary to the provisions of this endorsement are amended to comply with the changes in coverage as stipulated in Paragraphs 1., 2., and 3. above. This provision does not apply to any Coverage Part or policy issued by us or any other Zurich underwriting company affiliated with us specifically to apply as excess insurance over this Coverage Part or to any endorsement to this policy which specifically provides any coverage for a wrap-up or other consolidated insurance program project if this policy is not for a wrap-up or other consolidated insurance program. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GLA060-F CW (05/22) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: GLO 6784996 - 00 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Any construction project except a construction project far which a consolidated (wrap-up) or similar insurance program has been provided. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which file insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I — Coverage A, and for all expenses shall reduce the Designated Con - medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce die General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- t. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen - completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of die number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 Wolters Kluwer Financial Services I Uniform Forms"' POLICY NUMBER: GLO 6784996 - 00 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by 'occur- "products -completed operations hazard" is pro- rences" under Section I — Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "properly damage" included in Section I — Coverage C, which cannot be at the "products -completed operations hazard" will tributed only,to ongoing operations at a single reduce the Products -completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract - Products -completed Operations Aggregate ing parties deviate from plans, blueprints, de - Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 Coverage Extension Endorsement Policy No. Eff Date of Pol. Exp. Date of Pol. Eff Date of End. BAP tirJ86390 - 00 12/16/2023 12/16/2024 12/16/2023 ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II —Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organ ization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis, However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment— Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. U-CA-424-F CW (04/14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy # BAP 6986390 - 00 (4) All reasonable expenses incun-ed by die "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of tie Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total 'loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the 'loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Cary -over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses U-CA-424-F CW (04114) Page 2 of 6 I ncludes copyrighted material of Insurance Services Office, Inc., with its permission. Policy # BAP 6986390 - 00 For Hired Auto Physical Damage, we will pay expenses forwhich an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement, We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto", However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in tihe event of a total theft of a covered "auto", No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments;jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art, (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for Hie same 'loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 13.2.c. of Section 1V — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. Tlhe following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The mostwe will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such 'loss". U-CA-424-F CW (04/14) Page 3of6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy # BAP 6986390 - 00 K. Airbag Coverage The Exclusion in Paragraph 13.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph BA.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Forn is not the smaller (or smallest) deductible, it will be reduced by the arnount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible thatwill be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos —Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2_ The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results frorn fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident', claim, "suit' or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant U-CA-424-F CW (04/14) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy # BAP 6986390 - 00 or employee of the "insured" to notify us of any "accident', claim, "suit' or "loss" shall not invalidate the insurance afforded by Oils policy, Include, as soon as practicable: (1) How, when and where die "accident' or"loss" occurred and if claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses, Ifyou reportan "accident", claim, "suit" or "loss" to another insurerwhen you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations conternplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos —Physical Damage Paragraph b. of the Other Insurance Condition in die Business Auto Coverage Fonn and Paragraph f, of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, die following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "ernployee's" employmentby you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Fonn; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You mttstnotify us as soon as possible after tie discovery ofany hazards or any otherinfonnation thatwas not provided to us prior to the acceptance of this policy. S. Hired Auto — World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW (04/14) Page 5 of 6 Includes copyrighted material oflnsurence Services Office, Inc., with its permission. Policy# BAP 6986390 - 00 U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or"property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from file use of reasonable force to protect persons or property, V. Physical Damage —Additional Temporary Transportation Expense Coverage Paragraph AA.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage, We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power, The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transportto return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04114) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on file inception date of die policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 12/16/2023 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. WC 6986392 - 00 Endorsement No. 1 Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our fight against the person or organization named in the Schedule. (This agreement applies only to the extent thatyou perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating die remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization ALL CA Operations WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Job Description ALL CA Operations Page 1 of 1 Attachment B March 12, 2025 City Council Staff Report — Award of Contract for the Mission Drive Pedestrian Hybrid Beacon System ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER 1 51 DATE: MARCH 12, 2024 SUBJECT: AWARD OF CONTRACT TO CALPROMAX ENGINEERING INC. FOR MISSION DRIVE PEDESTRIAN HYBRID BEACON SYSTEM PROJECT NO.24013 SUMMARY As part of the City's Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved the Mission Drive Pedestrian Hybrid Beacon System Project. The project consists of furnishing and installation of a pedestrian hybrid beacon system, including installation of traffic signal poles, communication conduits, controller cabinet, removal and replacement of roadway pavement, signing and striping as indicated in the appendix and other related work necessary for the proper completion of the project at Mission Drive and Newby Avenue. This project is funded by a Measure M Multi -Year Subregional Grant awarded by Los Angeles County Metropolitan Transportation Authority (LACMTA); there is no local match requirement. DISCUSSION A Notice Inviting Bids was published in local newspapers and trade publications on January 25th and February 1 st, 2024. Electronic bids were received through PlanetBids until 10:30 am on Wednesday, February 21 st, 2024. At 11:00 am on February 21 st, 2024, the City Clerk opened and read three (3) sealed bid with the following result: Contractor Location Bid Amount CALPROMAX ENGINEERING INC. Placentia, CA $325,175.00 Elecnor Belco Electric, Inc. Chino, CA $358.888.00 DBX, Inc. Temecula, CA $377.369.00 The Mission Drive Pedestrian Hybrid Beacon System Project involves pedestrian safety improvements, including installation of a pedestrian hybrid beacon system, signing and striping improvements at Mission Drive and Newby Avenue. AGENDA ITEM 5.E City Council Meeting March 12, 2024 Page 2 of 3 The project is funded using Measure M Multi -Year Subregional Grant Funds in the amount of $388,050. The Measure M multi -year grant funds have been programmed as follows: $35,000 in Fiscal Year (FY) 2021-22, $211,830 in FY 2022-23; and $141,220 in FY 2023-24. The total designated funds for PS&E and Construction of the Mission Drive: Pedestrian Hybrid Beacon System is $388,050. STAFF RECOMMENDATION Recommendation: That the City Council take the following actions: 1. Approve the plans and specifications for the Mission Drive Pedestrian Hybrid Beacon System —Project No. 24013; and 2. Authorize the City Manager to execute a construction contract with CALPROMAX ENGINEERING INC. in the amount of $325,175.00. In addition, authorize an amount of $32,517.50 (10%) as a contingency to cover the cost of unforeseen construction expenses, for a total amount of $357,692.50. FINANCIAL IMPACT The approved FY 2023-24 funding for this project consists of $373,228 in Measure M Subregional grant funds. The total amount of the grant award is designated for PS&E and Construction of the project. The following is the breakdown of the construction phase budget: Construction Contract $325,175.00 Construction Contin enc 10% $32,517.50 Total Construction Budget %357,692.50 ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (C) of the CEQA Implementing Guidelines. STRATEGIC PLAN IMPACT The project is consistent with the City of Rosemead's Strategic Plan Goal C - Infrastructure and Facilities, which is to enhance streets, sidewalks, and public infrastructure; coordinate with relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding the use of wireless network technology and renewable energy. City Council Meeting March 12, 2024 Page 3 of 3 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Danielle Garcia Public Works Fiscal and Project Manager Submitted by: oya Wang Director of Public Works Attachment A: Bid Opening Results Attachment B: CALPROMAX ENGINEERING INC., Bid Proposal Attachment C: Contract Agreement with CALPROMAX ENGINEERING INC. Attachment A Bid Opening Results y ( y e MINUTES OF THE BID OPENING ° NOTICE OF INVITING BIDS -NIB NO. 2024-01 MISSION DRIVE PEDESTRIAN HYBRID BEACON SYSTEM «Fo,� PROJECT NO. 24013 Due Wednesday, February 21, 2024 at 10:30 a.m. A total of 3 bids were received. Contractor City Date/Time Received Bid Amount 1. CALPROMAX ENGINEERING INC. 2/21/2024, 10:12:24AM $325,175.00 2. Elecnor Belco Electric, Inc. 2121/2024, 10:27:01 PM $358,888.00 3. DBX, Inc. 2/21/2024, 9:59:51 AM $377,369.00 Submitted By: Ericka Hernandez, City Clerk Attachment B CALPROMAX ENGIEERING IN C . Bid Proposal BIDDER: CALPROMAX ENGINEERING, INC. CITY OF ROSEMEAD MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM, PROJECT No. 24013 LACMTA PROJECT ID# MM4701.08 SECTION 1- BID SCHEDULE CONTRACT BID FORMS CBF - 1 'Jf'�5 .� ��'E F: E_'dr Fr,_ o_.� ._ _T '. �� _ � _ _.. c . � .. • a.�.� Bid Results Bidder Details Vendor Name CALPROMAX ENGINEERING INC. Address 650 N. Rose Dr. 186 Placentia, California 92870 United States Respondee Maria Armogeda Respondee Title Vice President Phone 714-573-4599 Email calpromax@gmail.com Vendor Type License # 995933 Bid Detail Bid Format Electronic Submitted 02/21/202410:12 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 364012 Respondee Comment Buyer Comment Attachments File Title File Name General Attachment.pdf General Attachment.pdf File Type General Attachment �ta�et8us Line Items Discount Terms No Discount Item s Item Code Type Section 1 1 1.0 2 2.0 3 3.0 A 40 5 5.1 6 5.2 7 53 8 5A 9 5.5 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5.7 5.8 6-t 62 6.3 64 6.5 66 6.7 6.9 6.9 6.10 6.11 6.12 6.13 6.14 Isis 6.16 6.17 6.18 hem Description Mobilization, Demobilization L Safety Meeting Temporary Traffic Control Potholing Wilty Coordtr tien Remove existing Striping in conflict of final pavement delineation, par Appendix A -Project Plans Rerthove existing pavement Marking, Per Appendix A - Project Plans Remove Sign, Per Appendix A - Project Plans Install Striping, Per Appendix A - Project Plans Install Pavement Marking, Per Appendix A - Project Plans Paint Red Curb Markings, Par Appendix A - project Plans Furnish and Install (Fi) Sign Panel. Per Appendix A - Project Plans Furnish and Install Sign 8 Post, Pet AppeMix A - project Plans Remove and Salvage Signal Pole, Attached Equipment. Foundation and Pull Box, Per Appendix A - Project Plans Furnish and install 2070 ATC Controller, 332 Controller Cabinet and Foundation Complete, Per Appendix A - Project Plans Furnish and install Service Cabinet and Foundation Complete, Per Appendix A - Project Plans Furnish and install APS pedestrian push Button System Complete or Approved Equal, Per Appendix A - Project Plans Furnish and Install Type 19 Pole and Foundation, Per Appendix A - Ptojecl Plans Furnish and install 30Signal Mast Ann, Par Appendix A - Project Plans Fumish and Install 12' Luminaue Mast Arm 8 25DW Eq Luminame, Per Appendix A - Project Plans Furnish and Install 3-12- Vehicle Head w/ Mox mi g 8 Backplate, Per Appendix A - Project Plans Funush and Install Countdown Pedestrian Had w/ Mounting. Per Appendix A - project Plans Finnish and Install a6 Pug Box, Per Appendix A -Project Plans Furnish and Install a5 Pup Box, Per Appendix A - Project Plans Furnish and install Reflectorize Street Name Sign, Per Appendix A - Project Plans Furnish and Install Internally- Illuminated PED Xing Sign. Per Appendix A -Project Plans Furnish and Install 3' Conduh, Per Appendix A - Project Plans Install Wiring, Per Appendix A - Project Plans Sawcut Existing AC Pavement Remove and Dispose of Existing Pavement Section Construct ARHM Asphalt Pavement 12.), Par Appendix A - Project Plans VOM CITY Unh Price Una Total Response Comment S325,175.00 LS 1 $15,000.00 $15,000.00 Yes LS 1 S12,ODO.00 $12,DOD.00 Yes LS 1 S1,200.DO S1.200.00 Yes LS 1 S600.00 $600.00 Yes LF 315 S3.50 S1 102.SO Yes SF 470 S6.00 S2,820.00 Yes EA 3 S30.00 $90.00 Yes LF 470 S4.50 S2,115.00 Vet SF 47D 58.50 S3,995.00 Yet LF 27 S5.00 $135,00 Yes EA 14 S250.00 S3,5DO.00 Yes EA a S400.00 S1,600.00 Yes EA 2 S4,200.00 $8,400.00 Yes LS 1 SSO,000.00 SS0,000.00 Yes LS i $9,OD0.00 S8,000.00 Yes LS 1 S11,000.00 $11.000.00 Yes FA 2 Se0.000.00 S80,D00.00 Yea EA 2 $6,200.00 S12,400.00 Yes EA 2 S3,500.00 $7,000.00 Va FA 6 S1,2DO.DO $7,2D0.00 Yes FA 2 S1,000.00 MOWN Ya EA 3 S2,200.DO 56,600.DO Yes EA 1 $1.800.00 S1,800.00 Yes EA 3 S1,200.00 S3,600.00 Ya EA 2 S3.900.00 S7.800.00 Yes LF 120 6180.00 S21,6D0.00 Yes LS 1 S18,000.00 $18,000.00 Yes LF 165 $12.00 $1.980.00 Ya SF 128S S7.50 S9,637.SO Yea TON 16 $1,500.00 $24,000.00 Yes; Section Title Section 1 Grand Total Line Total S325,175.00 S325,175.00 BIDDER: CALPRQMAX ENGINEERING, INC. BASE BID SCHEDULE SCHEDULE OF PRICES FOR MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM, PROJECT No. 24013 LACMTA PROJECT ID# MM4701.08 N0. ITEM DESCRIPTION CITY EST. UNIT UNIT PRICE ITEM COST 1.0 Mobilization, Demobilization & Safety Meeting 1 LS $ $ 2.0 Temporary Traffic Control 1 LS $ $ 3.0 Potholing 1 LS $ $ 4.0 Utility Coordination 1 LS $ $ 5.1 Remove existing Striping in conflict of final pavement delineation, Per Appendix A — Project Plans 315 LF $ $ 5.2 Remove existing Pavement Marking, Per Appendix A — Project Plans 470 SF $ $ 5.3 Remove Sign, Per Appendix A — Project Plans 3 EA $ $ 5.4 Install Striping, Per Appendix A — Project Plans 470 LF $ $ 5.5 Install Pavement Marking, Per Appendix A — Project Plans 470 SF $ $ 5.6 Paint Red Curb Markings, Per Appendix A — Project Plans 27 LF $ $ 5.7 Furnish and Install (F&I) Sign Panel, Per Appendix A —Project Plans 14 EA $ $ 5•8 Furnish and Install Sign & Post, Per Appendix A — Project Plans 4 EA $ $ 6.1 Remove and Salvage Signal Pole, Attached Equipment, Foundation and pull Box, Per Appendix A — Project Plans 2 EA $ $ 6.2 Furnish and Install 2070 ATC Controller, 332 Controller Cabinet and Foundation Complete, Per Appendix A — Project Plans 1 LS $ $ 6.3 Furnish and Install Service Cabinet and Foundation Complete, Per Appendix A — Project Plans 1 LS $ $ CBF - 2 BIDDER: CALPROMAX ENGINEERING, INC. N0. ITEM DESCRIPTION CITY EST. UNIT UNIT PRICE ITEM COST 6.4 Furnish and Install APS Pedestrian Push Button System Complete or Approved Equal, Per Appendix A — Project Plans 1 LS $ $ 6.5 Furnish and Install Type 19 Pole and Foundation, Per Appendix A — Project Plans 2 EA $ $ 6.6 Furnish and Install 30' Signal Mast Arm, Per Appendix A — Project Plans 2 EA $ $ 6.7 Furnish and Install 12' Luminaire Mast Arm & 250W Eq Luminaire, Per Appendix A — Project Plans 2 EA $ $ 6.8 Furnish and Install 3-12" Vehicle Head w/ Mounting & Backplate, Per Appendix A — Project Plans 6 EA $ $ 6.9 Furnish and Install Countdown Pedestrian Head w/ Mounting, Per Appendix A — Project Plans 2 EA $ $ 6.10 Furnish and Install #6 Pull Box, Per Appendix A — Project Plans 3 EA $ $ 6.11 Furnish and Install #5 Pull Box, Per Appendix A — Project Plans 1 EA $ $ 6.12 Furnish and Install Reflectorize Street Name Sign, Per Appendix A — Project Plans 3 EA $ $ 6.13 Furnish and Install Internally - Illuminated PED Xing Sign, Per Appendix A — Project Plans 2 EA $ $ 6.14 Furnish and Install 3" Conduit, Per Appendix A— Project Plans 120 LF $ $ 6.15 Install Wiring, Per Appendix A — Project Plans 1 LS $ $ 6.16 Sawcut Existing AC Pavement 165 LF $ 6.17 Remove and Dispose of Existing Pavement Section 1285 SF $ $ 6.18 Construct ARHM Asphalt Pavement (2"), Per Appendix A — Project Plans 16 TON $ $ TOTAL BASE BID AMOUNT IN NUMBERS $ 325,175.00 CBF - 3 TOTAL BASE BID AMOUNT IN WORDS: HUNDRED SEVENTY FIVE DOLLARS & ZERO CENT BIDDER: CALPROMAX ENGINEERING, INC. THREE HUNDRED TWENTY FIVE THOUSAND ONE 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. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govem over figures. The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 10% of the total bid price Dollars ($ ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained CBF - 4 BIDDER: CALPROMAX ENGINEERING, INC. by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar.dgy if project is not completed within the working days specified on the Notice Inviting Bids. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF-5 BIDDER: CALPROMAX ENGINEERING, 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: JOSEI.VEGA 02/ 12/2024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. Addendum No. Addendum No. Addendum No. Dated 02/06/2024 Dated 02/14/2024 Dated Dated CBF - 6 BIDDER: CALPROMAX ENGINEERING, 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 Zbeen convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. CBF - 7 BIDDER: CALPROMAX ENGINEERING, INC. PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire, Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF - 8 By: •sign re MARIA ARMOGEDA Type or Print Name Vice President Title BIDDER: CALPROMAX ENGINEERING. INC: 700 S. VAN BUREN ST.. STE C Business Street Address PLACENTIA. CA 92870 City, State and Zip Code (714) 573-4599 Telephone Number Bidder's/Contractor's State of Incorporation: CALIFORNIA Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. 995933 1000028249 NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of peijuty 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 •equired to provide evidence that the person signing on behalf of thi :orporation, partnership or joint venture has the authority to do so CBF - 9 BIDDER: CALPROMAX ENGINEERING, INC. SECTION 2 BID DATA FORMS CBF - 10 BIDDER: Calpromax Engineeering, 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 as Principal. and , as Surety, are held firmly ROSEMEAD (hereinafter called the OWNER) Ten Percent of Amount Bid CITY OF Inc. bound unto the in the sum of DOLLARS ($ 10% ), being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents. dated February 21.2024 NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 9th day of February , 20 24. -Calpromax Engineeering, Inc. (SEAL) Principal By: _— By: =/Si tore CBF -11 United States Fire Insurance Company, (SEAL) `Sure Signature Maria Pena. Attorney -in -Fact 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 ) ss County of Los Angeles ) On before me, Noemi Quiroz, Notary Public, personally appeared Maria Pena , who proved to me on the basis of satisfactory evidence to be the person(&} whose nameW is�a% subscribed to the within instrument and acknowledged to me that 4e/she/4hey executed the same in 4igherA*re4 authorized capacityOe&-), and that by #her heiF signature(&} on the instrument the personal, 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. (Seal) Signature: Noemi Quiroz, Notary Public POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 01687 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance: Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed and does hereby make, constitute and appoint: C. K. Nakamura. Noemi Quiroz, Maria Pena. Tim M. T omko, lcssica Rosser, Natalie K. Trofimoff. Lisa L. Thomton. Patricia S. Arana each, its true and lawful Attome?•(s)-In-FaK, with full powc r and authority hereby conferred in its name, place and stead, to execute. acknowledge and deliver. Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may rexluire, and to bind United States Fire Insurance Company thereby as fully and to the same er.�tent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Unlimited This Power of Attorney limits the ad of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President. any Vice -President, any Assistant Vice President. the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds. guarantees, undertakings. recognizances, powers of attomcy or revocations of any powers of attomey, stipulations, policies of insurance, deeds. leases, mortgages. releases, satisfactions and agency agreements: (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article Ill, Officers. Section 3.11. Facsimile Signatures. lire signature of any officer authorized by the Corporation to sign any bonds. guarantees, undertakings, recognizance& stipulations, powers of attomcy or revocations of any powers of attomey and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September. 2021. UNITED STATES FIRE INSURANCE COMPANY `.'R Matthew E. Lubin, President State of New Jersey) County of Moms On this 28th day of September, 2021. before me, a Notary public of the State of New Jersey. came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. MELISSA 11.17ALESSIO l CTARY PJ9W OF NEWZ=V Carnds" i ti0126tx33 w 0twi n liOn4705 IYv+dA44- -� 4 Melissa H. D'Alessio (Notary Public) I, the wtdersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 UNITED STATES FiRE INSURANCE COMPANY 124 Michael C. Fay, Senior Vice President BIDDER: CALPROMAX ENGINEERING, 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 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF-12 BIDDER: CALPAROMAX ENGINEERING, INC. 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location Description of Work of Subcontractor to be Subcontracted STRIPING Name: Superior Pavement Markings Address: 5312 Cypress St., Cypress, CA 90630 License No.: 776306 Department of Industrial Relation Registration No. 1000001476 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 Registration No. Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF - 13 BIDDER: CALPROMAX ENGINEERING, INC. 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. City of Manhattan Beach, 1400 Highland Avenue, Manhattan Beach CA 90266 Name and Address of Owner Helen Shi (310) 802-5354 Name and telephone number of person familiar with project $611, 938.00 Upgrade traffic signal system 06/23/2023 Contract amount Type of Work Date Completed 2. Department of Transportation, 6533 Marine Way, Irvine, CA 92618 Name and Address of Owner Gagandeep Sidhu (949) 279-8466 Name and telephone number of person familiar with project $664,988.00 Modify signal & lighting systems 01/13/2023 Contract amount Type of Work Date Completed 3. Department of Transportation District 8 Construction, 41604 Corporate Way, Palm Desert CA 92260 Name and Address of Owner Francisco Monteliano (951) 232-6413 Name and telephone number of person familiar with project $2,998,580.00 Minor concrete, Modify signal and lighting systems 12/1512023 Contract amount Type of Work Date Completed CBF - 14 BIDDER: CALPROMAX ENGINEERING, INC. 4. City of South El Monte, 1415 N. Santa Anita Ave., South El Monte, CA 91733 Name and Address of Owner 0kan Demirci (714) 319-6137 Name and telephone number of person familiar with project $609,076.00 Modification and installation of signal and lighting 07/30/2021 Contract amount Type of Work Date Completed CBF - 15 BIDDER: CALPROMAX ENGINEERING, INC. SECTION 3 NON-COLL USION AFFIDA FIT CBF - 16 BIDDER: CALPROMAX ENGINEERING, 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 malting 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. A notary public or other officer completing this certifcateverifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, orvalidity of that document. MARIA ARMOGEDA Typed or Printed Name Vice President Title CALPROMAX ENGINEERING, INC. Bidder Subscribed and sworn before me This IAA day of re 6I---cost , 201 t Notary Public in and for the State of California My Commission Expires: 110,; ( If-u; -i CBF-17 (Seal) JEFfREY A. LARSON o COMM. #2325983 z i Yam �M-q` otary Public • California o 1Orange County i omm. Expires Aar. 2.2024 Attachment C Contract Agreement with CALPROMAX ENGIEERING INC. CONSTRUCTION CONTRACT MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM, PROJECT No. 24013 LACMTA PROJECT ID# MM4701.08 CALPROMAX ENGINEERING, INC. PARTIES AND DATE This Contract is made and entered into this 121h day of March, 2024 (Effective Date) by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, (`City") and CALPROMAX ENGINEERING, INC. with its principal place of business at 700 S. VAN BUREN ST. STE C PLACENTIA, CA 92870 (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 MISSION DRIVE: PEDESTRIAN HYBRID BEACON SYSTEM PROJECT by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project (`Project") as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools. equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project (`Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and CALPROMAX ENGINEERING, 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 March 121h, 2025 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Ben Kim, or his designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Maria Armogeda, 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 CALPROMAX ENGINEERING, 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 CALPROMAX ENGINEERING. 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 CALPROMAX ENGINEERING, INC. Page 5 of 11 request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VI I I and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Three Hundred Twenty -Five Thousand One Hundred Seventy -Five Dollars ($325,175.00) 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 CALPROMAX ENGINEERING, INC. Page 6 of 11 such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow 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: CALPROMAX ENGINEERING, INC. 700 S. VAN BUREN ST. STE C Placentia, CA, 92870 Attn: Maria Armogeda Tel: (714) 573-4599 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 CALPROMAX ENGINEERING, INC. Page 7 of 11 party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 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 Projector 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. Contractors 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 CALPROMAX ENGINEERING, INC. Page 8 of 11 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 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 CALPROMAX ENGINEERING, INC. Page 9 of 11 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 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] CALPROMAX ENGINEERING, INC. Page 10 of 11 CITY OF ROSEMEAD Ben Kim, City Manager Attest, Date CALPROMAX ENGINEERING, INC By: Signature Date Name: Print Title: Ericka Hernandez, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: Rachel Richman, City Attorney Date Name: Title: CALPROMAX ENGINEERING, INC. EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL CALPROMAX ENGINEERING, INC. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance. - Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: CALPROMAX ENGINEERING, 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- or better and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 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 CALPROMAX ENGINEERING, 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 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. CALPROMAX ENGINEERING. INC. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11.Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self -insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Contractor. which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered CALPROMAX ENGINEERING, 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 C Amendment to Construction Contract Calpromax Engineering, Inc. FIRST AMENDMENT TO CONSTRUCTION CONTRACT FOR MISSION DRIVE PEDESTRIAN HYBRID BEACON SYSTEM PROJECT NO. 24013 (CALPROMAX ENGINEERING, INC.) This FIRST AMENDMENT ("Amendment") is made and entered into this day of , 2025 ("Effective Date"), by and between the City of Rosemead, a municipal organization, organized under the laws of the State of California with its principal place of business at 8838 East Valley Blvd., Rosemead, California 91770 ("City") and Calpromax Engineering, Inc. with its principal place of business at 700 S. Van Buren Street, Suite C., Placentia, CA 92870 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties." WHEREAS, City and Contractor entered into an agreement on March 12, 2024, for the Mission Drive Pedestrian Beacon Hybrid System Project (the "Agreement"); and WHEREAS, this Agreement was set to expire on March 12, 2025; and WHEREAS, City and Contractor may mutually agree to extend the term of this Agreement to July 11t", 2025; and NOW, THEREFORE, the Parties agree as follows: SECTION 1. Section 3 " Terms " shall be amended to read: Section 3.1.2 of the Agreement shall be amended to read as follows: 3.1.2 Term. The term of this Agreement shall be from Effective Date shown above to July 11, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. SECTION 2. All other terms, condition, and provisions of the Original Agreement not in conflict with this Addendum, shall remain in full force and effect. SECTION 3. The City Clerk shall certify to the adoption of this Addendum and hereafter the same shall be in full force and effect. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. [ SIGNATURES ON NEXT PAGE ] Calpromax Engineering, Inc. Page 2 of 2 CITY OF ROSEMEAD Ben Kim, City Manager Date Attest: Ericka Hernandez, City Clerk Approved as to Form: uate Rachel Richman, City Attorney Date CALPROMAX ENGINEERING, INC. Signature Date Name: Print Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Name: Title: