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CC - Item 4D - Adoption of Resolution No. 2026-40 Amending City's FY 26-27 Capital Improvement Program to Appropriate New Funds for Acoustic Panel Project
ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: RICHARD BELMUDEZ, INTERIM CITY MANAGER DATE: JULY 28, 2026 SUBJECT: ADOPTION OF RESOLUTION NO. 2026-40 - AMENDING THE CITY'S FISCAL YEAR 2026-27 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO APPROPRIATE NEW FUNDS FOR THE ACOUSTIC PANEL PROJECT NO. 31029 uCYifTFLYWRI 1 The Acoustic Panel Project for Rosemead Community Recreation Center (RCRC) and Garvey Park Gym (Project No. 31029) was originally authorized within the Fiscal Year 2022-23 CIP Budget. As part of the Fiscal Year 2026-27 budget process, staff anticipated that the project would be completed prior to June 30, 2026, and therefore sought to close out the project. However, due to delays related to contract language negotiations and insurance requirements, the construction contract was not fully executed until June 24, 2026. Staff is requesting the City Council adopt Resolution No. 2026-40 to authorize a new appropriation in the amount of $60,000 in Development Impact Fee funds to cover costs related to the Construction Contract, a 10% construction contingency, and project management to complete the Acoustic Panel Project. DISCUSSION In Fiscal Year 2022-23 the City Council approved a CIP project at the request of the Parks & Recreation Department to install acoustic panels in Room 2 at the RCRC and Garvey Park Gym to add sound absorbing panels to reduce noise and improve the user experience during classes, community events, and private rentals. In April 2026, staff solicited written informal bids from qualified vendors. Under the California Uniform Public Construction Cost Accounting Act (CUPCCAA), projects valued at less than $120,000 may be procured through informal bidding. The following informal bids were received: • SoCal Acoustical, Inc. — $49,747.00 • Coustic-glo — $93,804.00 • LA Sound Panels — $53,343.90 SoCal Acoustical, Inc. was selected as the preferred vendor based on its competitive pricing and proactive approach. Prior to submitting its bid, the company conducted site visits to both RCRC and Garvey Park Gym ensuring an accurate understanding of the project scope and conditions. AGENDA ITEM 4.1) City Council Meeting July 28, 2026 Page 2 of 3 Staff recommended awarding the construction contract for the Acoustic Panels Project to SoCal Acoustical, Inc., in the amount of $49,747 and proceeded with the procurement process and contract execution. Although installation of the acoustic panels was originally anticipated to be completed before the end of Fiscal Year 2025-26, delays in contract execution resulting from negotiations over contract language and insurance requirements postponed the full execution of the agreement until June 24, 2026. Accordingly, staff is requesting a new appropriation in the amount of $60,000 to cover the costs related to the construction contract, a 10% construction contingency, and project management. The requested appropriation is summarized below: Appropriation Re uest Category Amount Construction Contract Construction $49,747.00 Contingency 10% Construction $4,974.70 Subtotal — Construction Contract Construction $54,721.70 Project Management (Engineering Contract Services Project Support $5,278.30 Total Appropriation Re uest Grand Total $60,000.00 STAFF RECOMMENDATION It is recommended that the City Council: 1. Adopt Resolution No. 2026-40 amending the City's Fiscal Year 2026-27 CIP Budget to appropriate new funds for the Acoustic Panel Project No. 31029 in the amount of $60,000 in Development Impact Fee funding to cover construction phase costs and provide additional contingency funds. FINANCIAL IMPACT The Acoustic Panel Project No. 31029 is recommended to be included in the Fiscal Year 2026-27 CIP Budget, and to be funded using $60,000 in Development Impact Fee — Parks funds. Total appropriation request for the project including contingency amounts to $60,000. ENVIRONMENTAL REVIEW Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of CEQA 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 City Council Meeting July 28, 2026 Page 3 of 3 relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding the use of wireless network technology and renewable energy. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: 7 D relle Garcia ublic Works Fiscal and Project Manager Submitted by: Attachment A: Resolution No. 2026-40 Attachment B: Construction Contract (SoCal Acoustical, Inc.) Attachment A Resolution No. 2026-40 RESOLUTION NO. 2026-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING THE FISCAL YEAR 2026-2027 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET AND APPROPRIATE FUNDS FOR THE ACOUSTIC PANELS PROJECT (CIP PROJECT NO. 31029) WHEREAS, the City Council adopted the Fiscal Year 2026-2027 Operating and Capital Improvement Program Budgets on June 9, 2026; and WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget; and WHEREAS, the Fiscal Year 2026-2027 Budget did not include the Acoustic Panels Project (CIP Project No. 31029); and WHEREAS, funding was not allocated in the City's approved Fiscal Year 2026-2027 Budget for the Acoustic Panels Project (CIP Project No. 31029), thus requiring a revision to add the project and appropriate $60,000 in Development Impact Fee — Parks (Fund 253) funds to cover the construction costs of the project; and WHEREAS, the revised appropriation constitutes an update to the Fiscal Year 2026-2027 Budget approved pursuant to Resolution No. 2026-31. NOW, THEREFORE, the City Council of the City of Rosemead does hereby resolve as follows: SECTION 1: The City Council hereby approves an appropriation in the amount of Sixty Thousand Dollars ($60,000) in Development Impact Fee — Parks funds for the Project. SECTION 2: The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 28th day of July, 2026. ATTEST: Sandra Armenta, Mayor APPROVED AS TO FORM: Rachel H. Richman, City Attorney Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2026-40 was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 28th day of July, 2026, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: P] Ericka Hernandez, City Clerk Attachment B Construction Contract (SoCal Acoustical, Inc.) PUBLIC WORKS CONTRACT ACOUSTIC PANELS (ROSEMEAD COMMUNITY RECREATION CENTER & GARVEY GYM) THIS AGREEMENT "Agreement" is made and entered into on May 26th 2026, by and between the City of Rosemead, a general law city, located in the County of Los Angeles, State of California ("City"), and SoCal Acoustical, Inc, a corporation (corporation or partnership, or limited liability company corporation), located at 12425 Mills Avenue, Ste. A-3 Chino, CA 91710 ("Contractor"), collectively referred to as the Parties. NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows: Section 1. Contract Documents. This Contract consists of the following documents ("Contract Documents"), all of which are made a part of this Contract: 1.1 This Contract 1.2 Verification of California Contractor's License 1.3 Contractor's Certificate Regarding Workers' Compensation 1.4 Security for payment (labor and materials) 1.5 Security for performance 1.6 Certificate(s) of Insurance 1.7 General Conditions/Specifications 1.8 Special Provisions 1.9 Plans and Standard Drawings 1.10 Standard Specifications for Public Works Construction "S.S.P.W.C" or "Greenbook". 1.11 Addenda Nos. NIA 1.12 Other documents (list here) NIA Public Works contract under $50,000 12/2025 Form 4907-97150039 vi All of the above-mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. In the event of a discrepancy between the provisions of the Contractor's documents and the City's documents, the City's documents take precedence with respect to resolution of the discrepancy. Section 2. The Work. 2.1 Contract Documents Define "Work". The work ("Work") to be performed by Contractor is described in the Contract Documents ("Attachment B"). 2.2 Professional Standards Required. In completing the Work, Contractor must employ, at a minimum, the applicable generally accepted professional standards of its industry in existence at the time of performance as utilized by persons engaging in similar work. 2.3 Contractor Provides All Equipment, Except as specifically provided in the Contract Documents, Contractor must furnish, at its sole expense, all of the labor, materials, tools, equipment, services and transportation necessary to perform all of the Work. 2.4 Contract Documents Strictly Control. Contractor must perform all of the Work in strict accordance with the Contract Documents. Section 3. Time to Perform the Work. 3.1 Time is of Essence. Time is of the essence with respect to Contractor's Work. Contractor agrees to diligently pursue performance of the Work within the time specified by the Contract Documents. 3.2 Excusable Delays. Contractor will be excused from any delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of terrorism, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. 3.3 Notification of Delays. if Contractor is delayed by any cause beyond Contractor's control, City may, but is not required to, grant a time extension for the completion of the Work. If delay occurs, Contractor must notify City in writing within 48 hours of the cause and the extent of the delay and how such delay interferes with Contractor's performance of the Work. Section 4. Compensation and Payment. 4.1 Compensation. Subject to any limitations provided in the Contract Documents, City agrees to pay Contractor as full consideration for the faithful performance of all of the Work the total amount of Forty-nine thousand seven hundred forty-seven Dollars ($49,747.00) ("Compensation"). 4.2 Monthiv Invoice. Contractor must furnish City with an invoice for the Work performed in accordance with the Contract Documents. Contractor may not submit invoices more often than once every 30 days. Public Works Conlraci under $50,000 1212025 Form 4907.9715-0039 v1 4.3 City Review of Invoices. City will review each invoice and determine whether the Work performed is in accordance with the Contract Documents. The Director may require Contractor to provide a release of all undisputed Contract amounts contained in the invoice. 4.4 Disputes on Invoices. If City disputes any item on an invoice, City will give Contractor notice stating the reasons for the dispute. The Parties will meet and confer in good faith to attempt to resolve the dispute. 4.5 30 Days to Pay Invoice. Except as to any charges for the Work performed that the City disputes, City will cause Contractor to be paid within 30 days of the date of the invoice or the date that Contractor furnishes City with a release of all undisputed Contract amounts, whichever occurs later. 4.6 Partial Invoices. In the event there is any claim specifically excluded by Contractor from the operation of any release, City may retain an amount not to exceed the amount of the excluded claim. 4.7 No Additional Compensation. Said Compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the contract documents, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4.8 Retention of 5% of Contract Price. City shall retain five percent (5%) of the Compensation the provisions of Section 16, entitled "Notice of Completion" herein have been met. 4.9 This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein. 4.10 Final payment, constituting the entire unpaid balance of Compensation, shall be paid by City to Contractor no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated In the Notice of Completion, provided the work has then been completed, the Contract fully performed, and a final certificate for payment has been issued. Section 6. Labor Code Requirements. 5.1 Compliance with SB 854 Registration: This Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime Public Works Conlract under $50,000 1212026 Form 4907-9715-0039 v1 contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d). 5.2 Compliance with Prevailing Wage Laws. Contractor is aware of and will comply with the requirements of California Labor Code Section 1720, et seq., and 1770, at seq., and California Code of Regulations, Title 8, Section 16000, at seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. 5.3 Penalty Excessive Work Hours. Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.) 5.4 List of Current Prevailing Wages. Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be made available upon request from the Director's office at 8838 East Valley Boulevard, Rosemead CA 91770. 5.5 Posting of Prevailing Wages Required. Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) 5.6 Payment of Prevailing Wages Required. Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. 5.7 Indemnification for Non -Compliance. 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. 5.8 Penalty for Insufficient Payment. Contractor must comply with all provisions of Labor Code section 1775, Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which Public works contract under $50,000 12!2625 Form 4907-9715-0039 v7 the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. 5.9 Use of Apprentices. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. Section 6. Non-discrimination. 6.1 No Illegal Discrimination. Contractor shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation in the performance of this Agreement and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2,8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order. 6.2 Compliance With Immigration Laws. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorney's fees, incurred by the City in connection therewith. Public Works Contract under $50,000 1212026 Form 4907-971$0039 vt Section 7. General LeAal__Compliance. 7.1 Compliance With All Laws. In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Rosemead Municipal Code. 7.2 Permits & Licenses Required. Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. 7.3 Contractors License Required. Contractor must maintain a valid California Contractor's License throughout the term of this Contract. Section 8. Clayton and Cartwright Act Assignments. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City 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. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties. Section 9. Hazardous waste and unknown conditions. 9.1 Notification of Hazardous Material Required. Contractor shall, without disturbing the condition, notify City in writing as soon as Contractor, or any of Contractor's subcontractors, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: 9.1.1 The presence of any material that the Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; 9.1.2 Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or, 9.1.3 Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract. 9.2 Fencing off Hazardous Material. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. 9.3 City's Investigation of Conditions. City shall promptly investigate the reported conditions. if City, through its Director or director's designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase In the Contractors Public Works Contract under $50,000 1212025 Form 4907-9715-0009 vi cost of, or time required for, performance of any part of the work, then City shall issue a change order. 9.4 No Unapproved Delay For Hazardous Materials. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of; or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Contract. Contractor shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. Section 10. Independent Contractor. Contractor Is and will at all times remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor's officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City. Section 11. Warranty & Guarantee 11.1 New Materials. Contractor guarantees that all materials and equipment furnished will be new unless otherwise specified in the Contract Documents. 11.2 One Year Guarantee. Contractor guarantees all materials and equipment furnished and Work performed for a period of one (1) year from the date of substantial completion is free from all defects due to faulty materials or workmanship. Contractor shall promptly make such corrections as may be necessary by reasons of such defects including the repairs of any damage to other property, whether real or personal. The City will give notice of observed defects with reasonable promptness. If Contractor fails to make such repairs, or other Work that may be made necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred, plus 10% for administrative expenses. The Performance Bond shall remain In full force and effect through the guarantee period. Contractor shall execute the Public Improvement Warranty attached hereto and incorporate hereon by this reference as Attachment "A." Section 12. Bonds.Contractor shall provide a payment bond and a performance bond consistent with the terms of this section, unless City expressly waives this requirement in writing. Notwithstanding the foregoing, consistent with Civil Code § 9550 of seq., if the Compensation exceeds $25,000, in no event may the City waive the duty to provide a perfonnance bond. Each bond shall (1) be in writing; (2) signed by at least one admitted surety insurer under oath; (3) if a bond is signed by more than one surety insurer, Include a statement that the sureties are jointly and severally liable on the obligations required hereunder; (4) list the address at which the principal and surety/sureties may be served with notices, papers, and other documents under this chapter; (5) be in the form of a bond and not in a deposit In Ileu of a bond; (6) be consistent with any other requirements of the City that reasonably relate to a guarantee that the project will be completed at no cost to the City. Public Works Contract under $50,000 1212025 Form 4907-9715-0039 v1 12.1 Payment Bond. Contractor, before commencing said Project, shall furnish and file with City a bond, or bonds, in a form satisfactory to the City, in the sum of one hundred percent (100%) of the contract price thereof conditioned upon the faithful performance of this Agreement and upon the payment of all labor and materials furnished in connection with this contract. 12.2 Performance Bond. Contractor shall provide City with a bond in the sum of one hundred percent (100%) of the Compensation to guarantee the completion of the Work, to protect City if Developer is in default of this Agreement, and to secure Contractor's one-year guarantee and warranty. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Contractor is not in default on any provision of this Agreement. All security provided under this section shall be released at the end of the warranty period described in section 11.2, above, provided that Contractor is not in default on any provision of this Agreement. Section 13. Indemnification. 13.1 City and each of its officers, employees, consultants and agents including, without limitation, the City Council, Project Manager and each City Representative, shall not be liable or accountable in any manner for loss or damage that may happen to any part of the Work; loss or damage to materials or other things used or employed in performing the Work; injury, sickness, disease, or death of any person; or damage to property resulting from any cause whatsoever except their sole negligence, willful misconduct or active negligence, attributable to performance or character of the Work, and Contractor releases all of the foregoing persons and entities from any and all such claims. 13.2 To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), Contractor shall defend, Indemnify, and hold harmless, City and each of Its officers, officials, employees, representatives, volunteers, consultants and agents including, without limitation, the City Council, Project Manager and each City Representative, from claims, suits, actions, losses and liability of every kind, nature and description including, without limitation, claims and fines of regulatory agencies and attorney's fees and consultant's fees, directly or indirectly arising out of, connected with, or resulting from performance of the Work, failure to perform the Work, or condition of the Work that is caused In whole or part by any act or omission of Contractor, Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, resulting from any cause whatsoever except for liability for loss, damage, or expense arising from City's sole negligence, willful misconduct, or active negligence. 13.3 In the event of any dispute between Contractor and City, as to whether liability arises from the sole or active negligence of the City or its officers, employees, or agents, Contractor will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. Contractor will not be entitled in the absence of such a determination to Public Works Contract under $50,000 1212025 Form 4907-9715-0039 v1 any reimbursement of defense costs Including but not limited to attorney's fees, expert fees, and costs of litigation. 13.4 With respect to third -party claims against Contractor, Contractor waives any and all rights to any type of express or implied indemnity including, without limitation, costs of defense, against City and each of its officers, officials, employees, consultants and agents including, without limitation, City, the City Council, Project Manager and each City Representative. City shall provide timely notice to Contractor of any third -party claim relating to the Contract Documents, in accordance with Public Contract Code Section 9201. 13.5 Approval or purchase of any Insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, Its Subcontractors of any tier, or the officers or agents of any of them. 13.6 To the furthest extent permitted by law (including, without limitation, Civil Code §2782), the indemnities, releases of liability and limitations of liability, claims procedures, and limitations of remedy expressed throughout Contract Documents shall apply even in the event of breach of Contract, passive negligence, fault or strict liability of the party(ies) Indemnified, released, or limited in liability, and shall survive the termination, rescission, breach, abandonment, or completion of the Work or the terms of the Contract Documents. If Contractor fails to perform any of these defense or indemnity obligations, City may in its discretion back charge Contractor for City's costs and damages resulting therefrom and withhold such sums from progress payments or other Contract moneys which may become due. 13.7 City's officers, representatives, directors, agents, volunteers, or employees shall not be personally responsible for any liability arising under the Agreement, except such obligations as are specifically set forth herein. 13.8 Withholding Funds. In the event of any Claim made against City, City may, in its sole discretion, reserve, retain or apply any funds due to Contractor under this Contract for the purpose of resolving such Claim. 13.9 Survival of Terms. The provisions of this section will survive the expiration or earlier termination of this Agreement. Section 14. Insurance. Contractor shall not commence work under this contract until Contractor shall have obtained all insurance required by the Contract Documents and such insurance shall have been approved by City as to form, amount and carrier, nor shall Contractor allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. (A) Workers' Compensation Insurance. Contractor shall take out and maintain, during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability Insurance for all of Contractor's employees employed at the site of improvement; and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance and Employers' Liability Insurance in accordance with Labor Code Section 3700 for all of the latter's employees, unless such employees Public works Contract udder $50,000 1212025 Form 4907-9716-0039 v1 are covered by the protection afforded by Contractor. If any class of employees engaged in work under this contract at the site of the Project is not protected under any Workers' Compensation law, Contractor shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall Indemnify City for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance. (i) Workers Compensation Insurance in the amount of not less than Statutory Limits set by the State of California. (ii) Employer's Liability Insurance in the amount of not less than ONE MILLION DOLLAR ($1,000,000). (B) COMMERCIAL GENERAL LIABILITY, PRODUCTS/COMPLETED OPERATIONS HAZARD, AUTOMOBILE LIABILITY, AND CONTRACTUAL GENERAL LIABILITY INSURANCE. (i) 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 ONE MILLION DOLLAR ($1,000,000) per occurrence, TWO MILLION DOLLARS ($2,000,000) general aggregate, for bodily injury, personal Injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (ii) Products/Completed Operations Hazard Insurance. CONTRACTOR shall maintain Products/Completed Operations Hazard insurance with coverage In an amount not less than ONE MILLION DOLLAR ($1,000,000) per claim. Products liability coverage shall extend for a minimum of three years (3) after project completion, and completed operations coverage for construction agreements shall extend for 10 years from the date of substantial completion of the project or the statute of repose, whichever is longer. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by Cron behalf' of the insured, Policy shall contain no language that would Invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. (iii) 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 Putitfc works Contract under S50,000 1212025 Form 4907.9715-0039 V1 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 ONE MILLION DOLLAR ($1,000,000) combined single limit for each accident. (C) CONTRACTOR'S POLLUTION LIABILITY, TRANSPORTATION POLLUTION LIABILITY, BUILDER'S RISK, AND INSTALLATION EXPOSUREINSURANCE. (i) BUILDER'S RISK INSURANCE. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder's risk (course of construction) for the entire duration of the project until only the CITY has an insurable interest. The builder's risk coverage shall include the coverages as specified below: a. The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, representatives, agents, and volunteers. 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 CITY. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project. b. 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 CITY to ensure adequacy of terms and subiimits and shall be submitted to the CITY prior to commencement of construction. Public works Contract under $50,000 1212025 form 4947-9715.0039 vi (ii) INSTALLATION "FLOATER" EXPOSURE INSURANCE. If required by the CITY or not covered by builders' risk (course of construction) coverage, CONTRACTOR shall obtain an "installation floater" for the value of the property and covering the portion of the work to be constructed, Installed, altered, or repaired by CONTRACTOR. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off-site or while in transit. Coverage must include property of others in the CONTRACTOR'S care, custody, or control. In addition to CONTRACTOR, the CITY and all subcontractors shall be named as additional Insureds on the policy with coverage extending through the final completion date. (D) PROOF OF INSURANCE. CONTRACTOR shall provide certificates of insurance and required endorsements to CITY as evidence of insurance coverage required herein. Insurance certificates and endorsements must be approved by CITY prior to the commencement of work. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (E) NOTICE TO COMMENCE WORK. The City will not issue any notice authorizing Contractor or any subcontractor to commence work under this contact until Contractor has provided to the City the proof of Insurance as required. (F) DURATION OF COVERAGE. CONTRACTOR shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of work hereunder by CONTRACTOR, their agents, representatives, employees, or subcontractors. (G) PRIMARY/NONCONTRIBUTING. Coverage provided by CONTRACTOR shall be primary and an insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as named insured. (H) CITY'S RIGHTS OF ENFORCEMENT. In the event any policy of insurance required under this agreement does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold Public Works Contract under $50,000 12=25 Form 4907-9715.0039 vi amounts sufficient to pay premium from CONTRACTOR'S payments. in the alternative, CITY may cancel this agreement. (1) ACCEPTABLE INSURERS. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholder's Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best' Key Rating Guide, unless otherwise approved by the Director of Human Resources & Risk Management. 14.2 WAIVER OF SUBROGATION. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, Its elected or appointed officers, agents, officials, employees, representatives and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subcontractors. 14.3 ENFORCEMENT OF CONTRACT PROVISIONS (NONESTOPPEL). CONTRACTOR acknowledges and agrees that any actual or alleged failure on part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder. 14.4 REQUIREMENTS NOT LIMITING, Requirements of specific coverage features or limits contained in this section are not Intended as limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all Inclusive, or to the exclusion of other coverage, or a waiver of any type. if the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available Insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 14.5 NOTICE OF CANCELLATION. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide the CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the CONTRACTOR'S insurers are unwilling to provide such notice, then CONTRACTOR shall have the responsibility of notifying the CITY immediately in the event of CONTRACTOR'S failure to renew any of the required insurance coverages, or insurer's cancellation or nonrenewal. 14.6 ADDITIONAL INSURED STATUS. General Liability, Automobile Liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide Public Works Contract under S50,000 12/2026 Form 4907-9715-0059 v1 that CITY and its officers, officials, employees, agents, representatives, and volunteers shall be additional insureds under such policies. 14.7 PROHIBITION OF UNDISCLOSED COVERAGE LIMITATIONS. None of the coverages 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. 14.13 SEPARATION OF INSUREDS. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR'S Insurance shall apply separately to each insured again whom claim is made or suit is brough, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. 14.9 PASS THOUGH CLAUSE. CONTRACTOR agrees to ensure that its subcontractors, subcontractors, and any other party who Is brough onto or involved in the project/service by CONTRACTOR (hereinafter collectively "subcontractor'), provide the same minimum insurance coverage and endorsements 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. However, in the event CONTRACTOR'S subcontractor cannot comply with this requirement, which proof must be submitted to the CITY, CONTRACTOR shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractors scope of work and services, with limits less than required of the CONTRACTOR, but in all other terms consistent with the CONTRACTOR's requirements under this agreement. This provision does not relieve the CONTRACTOR' of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended to solely provide CONTRACTOR with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the CONTRACTOR under this agreement given the limited scope of work or services provided by the subcontractor. CONSULANT agrees that upon request, all agreements with subcontractors, and others engaged in this project, will be submitted to CITY for review. 14.10 CITY'S RIGHT TO REVISE SPECIFICATIONS. The CITY reserves the right to 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 and CONTRACTOR may renegotiate the CONTRACTOR'S compensation. 14.11 SELF-INSURED RETENTIONS. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administrative, and defense expenses within the retention through confirmation from the underwriter. Public Works Contract under $54000 1212025 Farm 4907-9715-0038 vi 14.12 TIMELY NOTICE OF CLAIMS. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR'S performance under this agreement, and that involve or may involve coverage under any of the required liability policies. 14.13 ADDITIONAL INSURANCE. CONTRACTOR shall also procure and maintain, at this own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Section 16. Liquidated Damages. The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the Project is not commenced and/or completed on or before the dates speed for commencement and completion of the Project In the Contract Documents. The parties have considered the facts of a breach of this contract and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event such work is not completed and accepted within the number of working days se specified in the Contract Documents, the sum of Five Hundred Dollars ($ 500.00) shall be presumed to be the amount of damages suffered by the CITY for each day's delay in completion and acceptance of said Project after the days specified In the Contract Documents for the duration of the project thereof, and Contractor hereby agrees to pay said sum of Five Hundred Dollars ($500.00) as liquidated damages for each day of delay In completing and acceptance of said Project beyond the days specified in the Contract Documents. Any and all such liquidated damages assessed shall be done so In accordance with that certain edition of the Standard Specification for Public Works Construction currently in effect on the execution date of this Contract. Section 16. Notice of Completion. Upon completion of Project and acceptance of same by the City Council, the City Clerk shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty- five (35) days from the dale said Notice of Completion Is recorded, the Director of Finance of CITY shall release the funds retained pursuant to Section 4 (entitled "Compensation and Payment"); provided there have been no mechanics' liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work. Section 17. Notice. 17.1 Addresses. All written notices required or permitted to be given under this Contract will be deemed made when received by the other Party at its respective address as follows: To City: City of Rosemead 8838 East Valley Boulevard Rosemead CA 91770 Attention: Sam Gutierrez, Director of Public Works Tel: (626) 569-2168 Email: soutierrezi rosemeadcamov Public works Contract under $50,000 122025 Form 4907-9715-0039 V1 To Contractor: SoCai Acoustical, Inc. 12425 Mills Avenue, Ste. A-3 Chino, CA 91710 Attention: Bryan Leos Tel: (626) 705-4384 Email: BrVantcbsocalacousticalwalls.com 17.2 Effectiveness of Notice. Notice will be deemed effective on the date personally delivered or transmitted by facsimile. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities. 17.3 Change of Address. Any Party may change its notice information by giving notice to the other Party in compliance with this section. Section 18. Termination 18.1 Termination. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. 18.2 Replacement Contractor. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. 18.3 Waiver and Termination. By executing this document, Contractor waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 18.4 Completion After Termination. if CITY takes over the Work as provided in this Section, CITY may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. Section 19. Protect Documents. All data, drawings, maps, models, notes, photographs, reports, studies and other documents (collectively, "Project Documents") prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of CITY. Upon the expiration or termination of this Contract, Contractor must tum over all original Project Documents to CITY in its possession, but may retain copies of any of the Project Documents it may desire. Section 20, General Provisions. 20.1 AuthoritV to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. 20.2 Assignment. Contractor may not assign this Contract without the prior written consent of CITY, which consent may be withheld in the CITY's sole discretion since Public Works Contract under $50.000 1212025 Form 4907.8715-0039 vi the experience and qualifications of Contractor were material considerations for this Contract. 20.3 Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. 20.4 Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and CITY prior to the execution of this Contract. 20.5 Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. 20.6 Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. 20.7 Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by CITY of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract. 20.6 Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. 20.9 Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, vold or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. 20.10 Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Los Angeles. in the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Los Angeles, 20.11 Electronic Transmission of Contract and Signature. The Parties agree that this Agreement may be signed and transmitted by electronic mail by eitherlany or bothlall Parties, and that such signatures shall have the same force and effect as Public Works Contract tinder 850,000 1212025 Fo" 4907-9715-0039 vt original signatures, in accordance with California Government Code section 16,5 and Civil Code section 1633.7. Section 21. Record Audit. In accordance with Government Code § 8546.7, records of both the CITY and the Contractor shall be subject to examination and audit by the CITY for a period of three (3) years after final payment. (signatures on the following page) Public Works Contract under 550,009 1212025 Form 4907-9715,0039 v1 THE UNDERSIGNED AUTHORIZED REPRESENTATIVES of the Parties have executed this Contract as follows: CITY OF ROSEMEAD CONTRACTOR SoCal Acoustical, Inc. Tax Payer ID: 1014260 Ben Ki M nagV ate Print Name: Bryan Leos ATTEST: Title: President (President, VP) Ericks Hernandez, City Clerk D to APPROVED AS TO FORM: fu Z 4� SigrAture d, Print Name: Bryan Leos ac<ha Richman Y Dai City Attorney Public Works Contract under $50,000 1212025 Form 4907.9715.0039 v1 Title: Treasurer (Treasurer, Secretary) ATTACHMENT B CONTRACT DOCUMENTS Public Works Contract under $50,000 1212025 Form 4907-9715-0039 v1 ACOUSTIC PANELS (ROSEMEAD COMMUNITY RECREATION CENTER & GARVEY GYM) PROJECT No. 31029 PAYMENT BOND Bond#7901335187 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to Socal Acoustical, Inc, (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the ACOUSTIC PANELS (ROSEMEAD COMMUNITY RECREATION CENTER & GARVEY GYM) 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 _ 5126/2026 (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 Socal Acoustical, Inc. 12425 Mills Ave„ Suite A3, Chloe, CA 91710 , the undersigned Contractor, as Principal and Nationwide Mutual Insurance Company a corporation organized and existing under the laws of the State of Iowa and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of Forty -Nine Thousand Seven Hundred Forty -Seven & no/100 dollars, ($ 49,147.00 ), 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 - t 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 8th day on June 12026 Socal Acoustical, Inc. PrincipaU e sident Nationwide Mutual Insurance Company Surety By, Attomey-in-Fact Cassie McKittrlck PA'YMBNT BOND - 2 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 Iowa County of Polk On Jv Vl@. tZ oa b before me, Ashley Leavell, Iowa Notary Public (insert name and title of the officer) personally appeared CA SC e— who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Iowa that the foregoing paragraph is true and correct. WITNESS my hand and official seallPaAts " ASHLEY LEAVELL a Cwnissmn Number 860838 My Commisskm Expires /� ie iowM December 02,2027 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mulual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company' and collectively as "the Companies" does hereby make, constitute and appoint: Anila R. Calderon, Mike Kuper, Andrew Ruby, elinbeth Man:, Aside, Heldt, lien Looe k, Jcfr Cosa, Aaron J. Jamison, Cannon It. Nilson, Spencer Paris, Larry D. Sicgh, Richard E. lunare IV, Logan Durpurgbws, Corey Days, Jill DuRobouis, Dominic Amoroso, Kyle Ibanned, Michael Matter, Stephen O. Sanker, Brian I'ilun, Guy Tmwld, C'assic McKiihiek, Ashley Lcavell, Cara Buijubasic, Trcver Sharp , Amy Palmer, krinifer Anderson, Ronali Allen, Audroxe lcnningn, Andrew P. Andersen, Jose Iluston, Maxine Coffin, Alex Canisrclli, Jonathan Price, Jarron Berg, Tnny McFall, Ryan Meson, Lunulnnc L<saspi, Zachary Vena, Antirmy Yau, [Senna Ko reedy, Shelby Ras., Kctiy Farrell each in their indivlduai capacity. Its true and lawful attorney -In -fact, with full power and authority to sign, seal, and execute on its behalf on the date thereof any and silt: (i)bonds and undertakings; (it) Proposal Bonds; (11) Letters of Surety; (lv) Consent of Surety; and (v) otherobligatory Instruments of similar nature, In penalties not exceeding the sten of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duty authorized officers of the Company: and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This powerof attorney Is made and oxecuted pursuant to and by mehorlty of the fallowing resolution duly adopted by the hoard of directors of the Company: "RESOLVED, that the president, or any vice president bo, and each hereby is, authorized and empowered to appoint attorneys -In -fact of the Company, and to authorize them to execute and deliver on behaff or the Campany any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, poncles, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall M no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company.' "RESOLVED FURTFIER, that such adomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them, and to affix the seal of the Company thereto; provided, however, that said seat shall riot be necessary for the validity of any such documents" This power of attorney 15 signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers In connection with the operation of the business of the company In addition to the chairman of the board, the chief execolive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped an any approved document, contract, Instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this Instrument to be sealed and duly attested by the signature of its officer the 23rd day of October, 2025. CERTIFICATE I, Lezlia F, Chimieml, Assstant Secretary of Ilene Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney Issued by the Company; that the resolution Included therein Is a true and correct transcript from the minutes of the meetings of the boards of directors and the sante has not been revoked or amended In any manner; that safe Antonio C. Albanese was on the dale of the execution or the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were out/ affixed and subscribed to the said Instrument by the authority of sale board of directors; and the foregoing power of attorney is still in full force and effect. N WITNESS WHEREOF, r have hereunto subscribed my name as Assistant Secretary, and affixed the cooperate seal of said Company this,. Silt,..._._.._ day of June 2026 Assistant Secretary BDJ 1(10-25)00 4 Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT Aw"IllNur STATE OF 01110 COUNTY OF FRANKLIN: ss ?x �• On this 23rd day of October, 2025, before me came the abeve-named officer far the ®y `•® -''•., Company aforesaid, to me personally known to be the officer described in and who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me SEAL`%S �4. .,,,t,r, ,+/� duly sworn, deposes and says, that he is the officer of the Company aforesald, that the seal : affixed hereto Is the corporate seal of said Company, and the said corporate seal and his •¢�®,� signature were duly affixed and subscribed to said Instrument by the authority and direction of said Company, Itasca t. seen N.on PaWic 8,,.Ioh,o N. 2019-REd19796 rcm,ri vwse My Cmars evxQA Cgnminalan ExPlrcsi JuM r, 2020 aty>, erna CERTIFICATE I, Lezlia F, Chimieml, Assstant Secretary of Ilene Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney Issued by the Company; that the resolution Included therein Is a true and correct transcript from the minutes of the meetings of the boards of directors and the sante has not been revoked or amended In any manner; that safe Antonio C. Albanese was on the dale of the execution or the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were out/ affixed and subscribed to the said Instrument by the authority of sale board of directors; and the foregoing power of attorney is still in full force and effect. N WITNESS WHEREOF, r have hereunto subscribed my name as Assistant Secretary, and affixed the cooperate seal of said Company this,. Silt,..._._.._ day of June 2026 Assistant Secretary BDJ 1(10-25)00 CITY OF ROSEMEAD ACOUSTIC PANELS (ROSEMEAD COMMUNITY RECREATION CENTER & GARVEY GYM) PROJECT No. 31029 PERFORMANCE BOND Bond #7901335187 PERFORMANCE BOND WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to Socal Acoustical, Inc. (hereinafter "Contractor" ), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the ACOUSTIC PANELS (ROSEMEAD COMMUNITY RECREATION CENTER & GARVEY GYM) PROJECT and all other required structures and facilities within the rights-of-way, casements 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 owano25 M_ (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 Soml Acoustical, Inc. 12425 Mills Ave., Ste. A3, Chino, CA 91710 , the undersigned Contractor, as Principal, and Nationwide Mutual insurance Company a corporation organized and existing under the laws of the State of Ohio , 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 Forty -Nine Thousand and na/100 _ dollars, ($ 49,747.00 ), 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 TIES OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages, The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - 1 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 81h day on June ,2025 Socal Acoustical Inc. P' of aVC ntract President Nationwide Mutual Insurance Company Surety By: es' ^( /1ILf�tb�Gr� 1 Attomey-in-Fact Cassie McKatdck The rate of premium on this bond is $30.00 per thousand. The total amount of premium charged, $ t A92.00 (The above must be filled in by corporate surety.) PFRFORMANCE BOND - 2 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 validityof that document. State of � Iowa County of Polk On J'jN-E ?/ 2 2A(a before me, Ashley Leavell, Iowa Notary Public (insert name and title of the officer) personally appeared CAS' S, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Iowa that the foregoing paragraph is true and correct. WITNESS my hand and official seal. hal us ASHLEY LEAVELL o Corm issionNumber880888 „ My Co m mission Expires h �pwP December 02.2427 Signature o,,n An 1 � (Seal) 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 Seat) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PFRFORMANCFBOND -4 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT. Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: Anita R. Calderon, Mitre Kuper, Andrew Roby, F.lirahclh Mann, Ashlee [Told(, Ben Lewis, JeffCose, Aaron J. Jamison, Cornua R. Wilson, Spencer Paris, Larry U. Slegh, Richard E. Hannan IV, Logan Dorpinghaus, Corey Days, Jill DeRobcrtis, Dominic Antenna, Kyle Iunuod, Miehael Mallet, Stephen G. Sarkcr, Brian Pillion, Guy Tenold, Cassic McKiurick, Ashley Leaved], Can Buljubesie Trevor Sharp, Amy Palmer, Jennifer Anderson, Randi Allen, Andrew fernings, Andrew P. Andersen, Jesse Rica", Maxine Co(An, Alex Cardwell, Jonathan Price, Jarrett Beng, Tony McFall, Ryan Bic im, Lonarhme Legaspi, Zachary Van., Anthony Van, Emma Kennedy, Shelby [toss, Kelly Farrell each In their individual capacity, Its two and lawful attorney-in-fact, with full (rower and authority to sign, seal, and execute on Its behalf on the, date themot any and all: (1)bonds and undertakings; (II) Proposal Bonds; (II) Letters of Surety; IN) Consent of Surety; and (v) other obligatory instruments of similar nature, In penalties not exceeding the sum of FIVE MILLION AND NO/100 DOLLARS ($5,000,000,00) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pumuani to the authority given am hereby ratified and confirmed, This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, reeognlzances, transfors, contracts of Indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory In nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall In no way limit the authority of other duly authorized agents to sign and countersign any of said documents an behalf of the Company." -RESOLVED FURTHER, that such ath rneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them, and to affix the seal of the Company thereto; provided, havvever, that said seal shall not be necessary for the validity of any such documents" This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, Instruments, commands, or other papers in connection with the operation of the business of the company In additlon to the chairman of the board, the chief execu Gve officer, presiders, treasurer orsecride ry; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved documem, contract, Instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this Instrument to be sealed and duly attested by the slgnmure of its officer One 23rd day of October, 2025. CERTIFICATE I, Luzlle F. Chimi-ho, Assistant Secretary of the Company, do hereby certify that the foregoing Is a full, fare and correct copy of the original power of attorney rssued by the Company: that he resolution included therein Is a true and correct lanscnpt tram the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner, that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said Instrument by the authority of said board of directors; and the foregoing power of attorney is still In loll force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seat of said Company this Sfh day of June 2026 Assistant Secretary BDJ 1(10-25)00 4 Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT f!Y% A•ynraar yP,{a STATE OF OHIO COUNTY OF FRANKLIN: as ®�.,. On this 23rd day of October, 2025, before me came the above-named officer for the `?b® ,4the Company aforesaid, to me personally known to be the officer described In and who executed instrument, and he acknowledged the execution of the same, and being by me SEAVAO *0 [q+.:tn 1 preceding duly sworn. deposand says, that he is the officer of the Company aforesaid, that the seal es • Ar �t® Mixed hereto Is the corporate seal of mid Company, and the said corporate seal and his signature were duty affixed and subscribed to said instrument by the authority and direction of said Company. Nerve L Kan Nomry P.M.. Son of man No 2018=RE.7c)?% Hain, l4rac IRM n,n�A�nc, iorxei Crvnmtas,ae Ex,res Juy i, 2028 ddy 1. arm CERTIFICATE I, Luzlle F. Chimi-ho, Assistant Secretary of the Company, do hereby certify that the foregoing Is a full, fare and correct copy of the original power of attorney rssued by the Company: that he resolution included therein Is a true and correct lanscnpt tram the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner, that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said Instrument by the authority of said board of directors; and the foregoing power of attorney is still In loll force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seat of said Company this Sfh day of June 2026 Assistant Secretary BDJ 1(10-25)00 snCAl -e np In- nu ,4Cofzo" CERTIFICATE OF LIABILITY INSURANCE 41a� DATE(MMIDDNYYYI 1 0610812026 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 policy(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 endorsements . PRODUCER 800466-8951 Petra Risk Solutions ww.PetraRiskSolutions.com w 770 The City Drive S, Ste 1500 CONTACT BeDKilroy PHONE 800-466-8951 FAX 800-494-6829 AIC, No, Ext: (AIC, No): E-MAa . deek@petrarisksolutions.com Orange, CA 92868 House INSURERIS1 AFFORDING COVERAGE NAIL # INSURER A: Continental Casualty Company 20443 INSURED SoCal Acoustical, Inc. M an Leos North California Ave INSURER B: Everest Premier insurance Co 16045 INSURER C: Navigators Ins. Co. 42307 INSURER o: Mt. Hawley Insurance Co. 37974 La Puente, CA 91744 INSURER E: Nationwide Mutual Ins Co 23787 INSURER F : X Cr1VFRAr-0PR CFRTIFICATF NI IMRFR: RFVIRInN NHMRFR: 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 Lm TYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000'000 CLAIMS -MADE a OCCUR X X 06985043392 0910912025 09/09/2026 DAMAGE TO RENTED $ 100,000 PREMISES (E@ 9=1101)01 MED EXP (Any one arson 5'000 X I Errors $ Omission PERSONAL& ADV INJURY 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE 2,000,000 POLICY [X] aEaT [:] LOC PRODUCTS -COMPIOP AGO 2'000'000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea�ANY BODILY INJURY f Perperson) $ AUTO BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS P.Oaccac DAMAGE $ AUTOS ONLY NON -OWNED ONLYY D X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS UAB CLAIMS -MADE X X GXS0024599 09/09/2025 0910912026 DED RETENTION$ B WORKERS COMPENSATION )t PER OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIPXECUTIVE VIN OFFICER/MEMBER EXCLUDED? (Mandatory in NHl NIA X 7600023485251 08/0112025 08101/2026 1,000,000 E.L. EACH ACCIDENT E. L. DISEASE - EA EMPLOYEE 1,000,000 1,000,000 E.L. DISEASE-POUCY LIMIT If yes, describe under DESCRIPTION F OPERATIONS below D IM Floater 044MO64578 06/02/2026 06/0212027 See Notes A Faulty Workmanship C698043392 09/09/2025 09/09/2026 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD tat, Additional Remarks Schedule, may be attached if more space is required) See Notes CERTIFICATE HOLDER CANCELLATION CITYR-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BEST CHOICE CONTRACTOR PROGRAM OVA Blanket Additional Insured - Owners, Lessees or Contractors This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number: Endorsement Effective: 06/05/2026 at 12:01 a. m. C6985043392 (Specific) Named Insured: Authorized Representative: SOCAL ACOUSTICAL INC The City of Rosemead, its officials, officers, SCHEDULE Name of Additional Insured Person(s) or Organization(s): (Blanket) (Specific) Any person or organization that the Named Insured is City of Rosemead obligated by virtue of a written contract or written The City of Rosemead, its officials, officers, agreement to make an additional insured on this agents and employees Coverage Part, provided such contract or agreement: 8838 E Valley Blvd • Is currently in effect or becomes effective during Rosemead, CA, 91770 the policy period; and • Was executed prior to: a. the "bodily injury," or "property damage"; or b. the offense that caused the "personal and advertising injury'; for which the additional insured seeks coverage. Location(s) of Covered Operations: Any location in the "coverage territory" that is subject Various locations throughout CA to the contract or agreement specified above. A. Section 11— Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. C. With respect to the insurance afforded to these additional insureds, this insurance also does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the 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. CNA97587XX (4-2020) Policy No: C6985043392 Page 1 of 2 Endorsement No: Effective Date: 06/05/2026 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc. used with permission. CNA BEST CHOICE CONTRACTOR PROGRAM Blanket Additional Insured - Owners, Lessees or Contractors D. Primary and Noncontributory Insurance If so required by a written contract or written agreement, this insurance will be primary to, and will not seek contribution from, other insurance under which the additional insured is a named insured. But in all other instances, and notwithstanding anything to the contrary in the condition entitled Other Insurance, this insurance will be excess of any other insurance available to the additional insured. E. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following to the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit: Any additional insured pursuant to this Coverage Part will, as soon as possible: 1. Give us written notice of any claim, or of any "occurrence" or offense that may result in a claim; 2. Send us copies of all legal papers received and otherwise cooperate with us in the investigation, defense or settlement of the claim; and 3. Make available any other insurance and tender the defense and indemnity of any claim to any other insurer or self -insurer whose policy or program applies to a loss that we cover under this Coverage Part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. F. Solely with respect to the insurance granted by this endorsement: 1. The words "you" and "your' refer to the Named Insured shown in the Declarations. 2. "Your work" means work or operations performed by you or on your behalf, and materials parts or equipment furnished in connection with such work or operations. G. Blanket Waiver of Subrogation We waive any right of recovery we may have against an entity that is an additional insured under the terms of this endorsement with respect to payments we make for injury or damage arising out of "your work" done under a written contract or written agreement with that person or organization, provided such contract or agreement: 1. Requires such a waiver of our rights; 2. is currently in effect or becomes effective during the policy period; and 3. Was executed prior the "bodily injury", "property damage" or "personal and advertising injury" that gave rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA97587XX (4-2020) Page 2 of 2 Policy No: Endorsement No: Effective Date: 11110-141.1-1111fCRkY1A 06/05/2026 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc. used with permission. POLICY NUMBER:C6985043392 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Rosemead The City of Rosemead, its officials, officers, agents and employees 8838 E Valley Blvd Rosemead, CA, 91770 Installation of acoustical wall panels for sound proofing in rec center and gym Various locations throughout CA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law: and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 119 © Insurance Services Office, Inc., 2018 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 3712 19 WORKERS COMPENSATION AND EMPLOYERS LIABUdTY INSURANCE POLICY - WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (Thus agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE BLANKET WAIVER OF SUBROGATION REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHT FROM US PRIOR TO INJURY. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 08/01/2025 Policy No. 7600023485251 Endorsement No. 001 Insured: SoCal Acoustical, Inc. Premium $ INCL. Insurance Company: Everest Premier Insurance Company Countersigned By: - 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. SOCAACO-01 ROCKA1 ACORD' L-� CERTIFICATE OF LIABILITY INSURANCE DAT EIMMIDD/YYVYI 6/912o26 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 policy(les) 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 CONTACT Auto Club Services, LLC 2601 S. Figueroa St MS H302 Los Angeles, CA 90007 PHONE FAX (A/C, No, Eat): (888) 416-2402 (A/C, No): E DAIL INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Infinitv Select 20260 INSURED INSURER B: INSURER C : Socal Acoustical Inc Bryan Leos 453 N California Ave INSURER D: INSURER E: La Puente, CA 91744 INSURER F: MED EXP (Anyoneperson) $ COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR OTHER DOCUMENTWITH 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 TYPE OF INSURANCE ADDL INSO SUBR MD POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMIE Ea occun ce$ MED EXP (Anyoneperson) $ PERSONAL &ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE Ii POLICY LOC PRODUCTS-COMP/OPAGG $ $ OTHER: A AUTOMOBILE LIABILITY COMBINUEED SINGLE LIMIT $ 1,000,000 (Ea oppiANY BODILY INJURY Per eraon $ AUTO X X 50016959601 10/2512025 10125/2026 BODILY INJURY Per accident $ Ix OWNED SCHEDULED AUTOS ONLY X AUTOS PerOawRtlen �AMAGE $ AUTOS ONLY X AON�ONLD UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN STATUTE ER OFFICERMIEMBEER EXCLUDED?ECUTIVE ❑ NIA E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEJ $ (Mandatory in NH) If Yes, describe under DESCRIPTION OF OPERATIONS below I EL.DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) -10 Days Notice of Cancelation It is agreed that City of Rosemead and its officers, officials, employees, agents, representatives, and volunteers are named as additional insured. WAIVER OF SUBROGATION IN FAVOR OF NAMED INSURED. Policy is primary and non-contributory jobsite Addresses are: Garvey Gym SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Ci of Rosemead Attention: Sam Gutierrez, Director of Public Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8838 East Valley Boulevard Rosemead, QA 91770 AUTHORIZED REPRESENTATIVE ._� ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD � 1 ACORO` AGENCY CUSTOMER ID: SOCAACO-01 ROCKA1 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Auto Club Services, LLC Socal Acoustical Inc Bryan Leos 453 N California Ave La Puente, CA 91744 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DAM: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: 7954 Dorothy Street Rosemead, CA 91770 and Rosemead Community Recreation Center 3936 Muscatel Ave Rosemead, CA 97770 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KEMPER Auto COMMERCIAL AUTO CLUB SERVICES, LLC PO BOX 25443 SANTA ANA, CA 92799-5443 City of Rosemead 8838 Valley Blvd Rosemead, CA 91770 This sheet is for mailing purposes only KEMPER Auto COMMERCIAL Customer Service: (800) 722-3391 Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 353-6737 ADDITIONAL NAMED INSURED ENDORSEMENT 50016959601 1 10/25/2026 12:01 a.m. City of Rosemead 8838 Valley Blvd 1+lxipred�nsured"= Rosemead, CA 91770 1 SoCal Acoustical Inc This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested. Additional Insured City of Rosemead Part A - Liability Coverage, is changed as follows: The definition of insured is changed to include the additional insured named above. Adding an insured will not increase the limit of our liability. The insurance provided by this endorsement will be excess over any other valid and collectible insurance. All other parts of this Policy remain unchanged. ADDL INSURED COPY 50461AIS01 AMEND DATE: 06/09/2026 ENDORSEMENT:9-9 KEMPER Auto COMMERCIAL Customer Service: (800) 722-3391 City of Rosemead 8838 Valley Blvd Rosemead, CA 91770 Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 353-6737 PRIMARY AND NONCONTRIBUTORY ENDORSEMENT 50016959601 1 10/25/2026 12:01 a.m. I SoCal Acoustical Inc I This endorsement is attached to and forms a part of the listed policy. The following endorsement applies only if Form Number 500PNCV01 appears on your Declarations Page. This endorsement modifies the insurance provided under your COMMERCIAL AUTO POLICY. PART A — LIABILITY COVERAGE OTHER INSURANCE — PART A ONLY The following is added to this section The coverage afforded under your Commercial Auto Policy is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. You have agreed in writing in a contractor agreement that the coverage afforded under your Commercial Auto Policy would be primary and would not seek contribution from any other insurance available to such additional insured; and b. Such additional insured is a named insured under such other insurance. ALL OTHER TERMS, LIMITS, CONDITIONS, AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. ADDL INSURED COPY 500PNCV01 AMEND DATE: 06/09/2026 ENDORSEMENT:9-9 CITY OF ROSEMEAD ACOUSTIC PANELS (ROSEMEAD COMMUNITY RECREATION CENTER & GARVEY GYM) PROJECT No. 31029 PART "A" GENERAL PROVISIONS Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2021 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications"), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made a part hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2023 edition, only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans", it shall mean the Standard Specifications for Public Works Construction ("Green Book"), 2021 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS - I PART 1 - GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Wherever in the Standard Specifications or other Contract Documents the following terms are used, they shall mean the following: Agency - The CITY OF ROSEMEAD Bid Guaranty - As defined in the Standard Specifications. Also referred to as the "Bid Security" in the Contract Documents. Bid Security - The Bid Guaranty, as defined herein. Board - The City Council of the CITY OF ROSEMEAD. City - The CITY OF ROSEMEAD City's Representative - The Engineer, as defined herein. Contract - The written agreement (Contract form) between the City and the Contractor for the complete and adequate completion of the Work for the Project. The Contract consists of the Contract Documents. The documents comprising the Contract are complementary, and each obligation of the Contractor, Subcontractors and material or equipment suppliers in any one document shall be binding as if specified in all. The Contract is intended to include all items required for the proper execution and completion of the Work. Contract Documents - In addition to the documents noted in the definition of Contract Documents in the Standard Specifications, all documents incorporated by reference into the Contract form. Contract Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. It is also sometimes referred to as the "Total Bid Price" in the Contract Documents. Contractor's Representative — Contractor's executive representative who shall be present on the Project Site at all times that any Work is in progress and who shall have the authority to act on behalf of the Contractor for all purposes under the Contract. The Contractor shall designate such representative in writing to the City. The Contractor's Representative shall be available to the City and its agent's at all reasonable times. GENERAL PROVISIONS - 2 Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "City's Representative" in the Contract Documents. Liquidated Damages - the amount prescribed in the Contract form, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Contract Documents. Notice to Contractors - Notice Inviting Bids. Project - The total and satisfactory completion of the project noted in the Contract Documents, as well as all related work performed in accordance with the Contract, including but not limited to, any alternates selected by the City. Project Site - All of the property and/or facilities of the City where the Work will be performed pursuant to the Contract, as well as such adjacent lands as may be directly affected by the performance of the Work. Recyclable Waste Materials - Materials removed from the Project site which is required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. Special Provisions - Any provisions which supplement or modify the Standard Specifications, including these General Conditions (Part "A"), the Supplementary General Conditions (Part `B") and the Technical Provisions (Part "C"). Total Bid Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. Also sometimes referred to as the "Contract Price" in the Standard Specifications and other Contract Documents. - END OF SECTION - GENERAL PROVISIONS - 3 SECTION 2 SCOPE OF THE WORK The project consists of furnishing and installation of acoustic panels at two City facilities: Rosemead Community and Recreation Center and at Garvey Gym. Scope of work includes installation of 2 - inch acoustical panels produced of 6 Ib. density fiberglass core and wrapped in polyester panel, along with all related appurtenances as indicated on the construction plans, including other incidental and appurtenant work necessary for the proper completion of the project as indicated in project plans and specifications. 3-3 SUBCONTRACTS Section 3-3 of the Standard Specifications shall be amended to include the following provisions: "By appropriate written agreement, Contractor shall require each Subcontractor to be bound by all obligations of this Contract. Each subcontract agreement shall preserve and protect the rights of the City. Should any subcontractor fail to perform the Work undertaken by him to the satisfaction of the City, said subcontractor shall be removed immediately from the Project upon request by the City's Representative and shall not again be employed on the Work. The Contractor shall be held liable for the all deficient Subcontractor Work." 1-7.2 CONTRACT BONDS The following shall be added at the end of Section 2-4 of the Standard Specifications: "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the contract Documents, and shall obtain a written acknowledgment by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the Owner or any of its authorized representatives. If the Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and promptly deliver satisfactory evidence of such increase to the City." "Pursuant to Public Contract Code Section 4108, Contractor shall require all Subcontractors providing labor and materials in excess of the amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in accordance with the same bond requirements applicable to the Contractor, except that the bond amounts shall equal the total amount of their subcontract. The Contractor shall specify this requirement for Subcontractor bonds in his written or published request for Subcontractor bids. Failure to comply with this requirement shall not preclude Contractor from complying with the Subcontractor bonding requirements. The practice of issuing separate purchase orders and/or subcontracts for the purpose of circumventing the Subcontractor bonding requirements shall not serve to exempt the Contractor from these requirements. No payments, except for a reimbursement payment to the Contractor for the cost of the Contractor's own Faithful Performance and Payment bonds, shall be made to the Contractor until the Contractor provides the aforementioned Subcontractor bonds to the Contractor." 3-7 CONTRACT DOCUMENTS GENERAL PROVISIONS - 4 3-7.1 General. The second full paragraph of Section 3-7.1 of the Standard Specifications shall be amended to include the following at the end of that paragraph: "All Contract Documents are essential parts of the Contract for a given project. Any requirement included in one Contract Document shall be as binding as though included in all, as they are intended to be cooperative and to provide a description of the Work to be done." 3-7.2 Precedence of Contract Documents. The provisions of Section 3-7.2 of the Standard Specifications shall be revised to read as follows: "In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6. General Conditions 7. Standard Specifications 8. Notice Inviting Bids 9. Instructions to Bidders 10. Specifications 11. Plans (Contract Drawings) 12. Standard Plans 13. Reference Documents" "With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings" 3-4 Authority of the Board and the Engineer. Section 3-4 shall be added to the Standard Specifications to read as follows: "Should it appear that the Work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the Plans or in the Specifications, the Contractor shall request the City's Representative for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the Contract, so far as may be consistent with the intent of the original Specifications. In the event of doubt or questions relative to the true meaning of the Specifications, reference shall be made to the Engineer, whose decision thereon shall be final." 3-9 SUBSURFACE DATA GENERAL PROVISIONS - 5 3-9.1 Limited Reliance by Contractor. Section 3-9.1 shall be added to the Standard Specifications to read as follows: "Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data", the Contractor may not rely upon or make any claim against the Owner, the Engineer, nor any of the Engineer's Consultants with respect to any of the following:" "3-9.1.1. Completeness. The completeness of such reports and drawings for contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto." "3-9.1.2. Other Information. Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings." "3-9.1.3. Interpretation. Any interpretation by the Contractor of such "technical data" or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2-3 RIGHT-OF-WAY. Section 2-3 of the Standard Specifications shall be revised in its entirety to read as follows: "All temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by, paid for and disposed of solely by the Contractor at its own expense. The Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from all claims for damages of any kind arising from or incident to such rights-of-way. Those rights-of-way shown on the Plans will be provided by the City at its expense." 3-10 SURVEYING. Section 3-10 of the Standard Specifications shall be amended to include the following: "All survey monuments, centerline ties and survey reference points will be tied out in advance by the City Land Surveyor. Temporary control shall be protected in place. Any temporary control disturbed by the contractor shall be replaced at the contractor expense and no additional compensation shall be allowed therefore. City Land Surveyor will provide one set of temporary stakes for position of well monuments. Contractor shall install well monuments. Contractor shall coordinate his/her work with the City Land Surveyor for the installation." 3-10.2 Line and Grade. Section 3-10.2 of the Standard Specifications shall be amended in GENERAL PROVISIONS - 6 its entirety to read as follows: "All Work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross-sections, elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the City's Representative. Failure to snake this report shall make the Contractor responsible for any error in the finished Work. Minor deviations from approved Plans, whenever required by the exigencies of construction, shall be determined in all cases by the City's Representative and authorized in writing." 3-4 AUTHORITY OF BOARD AND ENGINEER. The provisions of Section 3-4 of the Standard Specifications shall be revised to read as follows: "Whenever the Contract Documents refer to the Engineer or City's Representative, or provide the Engineer or City's Representative with power to act on behalf of the City, such reference shall necessarily include the City's, Representative, or his or her authorized designee." "The City Council shall have the power to award the Contract, and shall generally have the final authority to act in all matters affecting the Project. The City's Representative shall have the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with the instructions of the City's Representative. The decisions of the City's Representative shall be final and binding on all questions as to: (1) the quantity, quality and acceptability of materials and equipment furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) any and all questions which may arise as to the interpretation of the Plans, Specifications, General Conditions, and Special Provisions; (4) the acceptable fulfillment of the Contract on the part of the Contractor; (5) any claims and compensation issues; and (6) his authority to enforce and make effective such decisions and actions as the Contractor fails to carry out promptly." 3-5 INSPECTION. The provisions of Section 3-5 shall be amended to include the following at the end of that Section: "The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's inspection." "When the Work is substantially completed, the Engineer or a representative of the Engineer will make the final inspection." GENERAL PROVISIONS - 7 "Whenever the Contractor varies the period during which Work is carried on any day, he shall give adequate notice to the City's Representative so that proper inspection may be provided. Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have previously been inspected, accepted or estimated for payment." "The Contractor shall prosecute work on any State highway or within any railroad right-of-way only in the presence of an inspector representing the State Division of Highways or the railroad company, and any Work done in the absence of such inspectors will be subject to rejection. The Contractor shall make the appropriate notification according to the instructions given on the State Encroachment Permit or railroad permit for all inspections, and shall post all bonds and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor's expense. The Contractor shall pay for all testing and inspections required by a State Encroachment Permit or railroad permit." 2-12 SITE EXAMINATION Section 2-12 shall be added to the Standard Specifications as follows: "The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents." 2-13 FLOW AND ACCEPTANCE OF WATER Section 2-13 shall be added to the Standard Specifications as follows: "Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom." 7-4 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. Section 7-4 shall be added to the Standard Specifications as follows: "The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. The Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder except in strict compliance with Section 2-3 of the Standard Specifications and state law. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by force of law, except as otherwise provided in Section 7103.5 of the State of California Public Contract Code, without the prior written approval of the City. Transfers restricted hereunder shall include the GENERAL PROVISIONS - 8 transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of the Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, this Contract shall be void. No approved transfer shall release the Contractor or any surety of the Contractor of any liability hereunder without the expressed written consent of the City." - END OF SECTION - GENERAL PROVISIONS - 9 SECTION 3 CHANGES IN WORK 2-7 CHANGES INITIATED BY THE AGENCY. 2-7.1 General. The provisions of Section 2-7.1of the Standard Specifications shall be amended to include the following at the end of that Section: "Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract." 7-3 Payment. The provisions of Section 7-3 of the Standard Specifications shall be revised to read as follows: "7-3.5 Contract Unit Prices. Section 7-3.5 shall be amended in its entirety to read as follows:" "In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item ofthe Work in excess of 25 percent, or for eliminated items of work." "7-3.5.2 Increases of More Than 25 Percent on Unit Price Contracts. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the Owner, payment for the work involved in such excess will be made as provided in Paragraph 7-3.5.2, as amended in these Special Provisions." "Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer's Estimate of the quantity for such item, and in computing the actual unit costs, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 7-3.5.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $5,000 at the applicable Contract Unit GENERAL PROVISIONS - 10 Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor." "7-3.5.3 Decreases of More Than 25 Percent on Unit Price Contracts. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the engineer, payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Paragraph 7-3.5.3, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner; provided, however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price." "Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 7-3.5.3, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity for such item at the original Contract Unit Price." "7-3.8 Eliminated Items on Unit Price Contracts. On unit price contracts, should any contract item of the work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination." "If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the Owner and the actual cost of any further handling will be paid for by the Owner. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for." "The actual costs or charges to be paid by the Owner to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid for as extra work as provided in Paragraph 7-3.8, as amended in these General Conditions, or such adjustment as will be as agreed to by the Contractor and the Owner." ui�l►`YII0LQM041Yt .-WATI1N GENERAL PROVISIONS - 1 I 7-4.1 General. The provisions of Section 7-4.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "Extra work shall be paid for under written work order in accordance with the terms therein provided. Generally, payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the City." 7-4.2 Basis for Establishing Costs. The provisions of Section 7-4.2 of the Standard Specifications shall be amended as follows: 7-4.2.1 General. Section 7-4.2.1 shall be amended to include the following at the beginning of that Section: "Extra work shall be paid for under written wort, order in accordance with the terms therein provided. Generally, payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the City." 7-4.3 Markup. Paragraph (a) of Section 7-4.3.1 (Work by Contractor) shall be amended in its entirety to read as follows: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit. a. LABOR COSTS 1. Labor markup for employer taxes standard federal/state rates: 10% 2. Labor markup for fringe benefits (if fringe benefits are not included in the labor cost: 15% 3. Labor overhead markup: 10% 4. Profit markup: 10% b. MATERIAL, EQUIPMENT, SUBCONTRACTOR COSTS Only 5% markup by prime contractor will be allowed on materials, equipment and subcontractor costs. No other additional markups (overhead, profit, etc.) will be allowed. c. After the total amount is established by adding the above items, an additional 2% markup for INSURANCE AND BONDING COSTS will be allowed. The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order, and pickup or yard trucks used by the above personnel, and other vehicles and/or equipment present at the job site but not directly used in actual construction activities. Incidental movements of labor, materials, supplies or equipment shall not be considered as use in actual construction activities. These costs shall not be reported as labor or equipment elsewhere, except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed. GENERAL PROVISIONS - 12 2-5 EXISTING CONDITIONS. Section 2-5 shall be added to the Standard Specifications as follows: "Contractor shall have the sole responsibility for satisfying itself concerning the conditions, nature and location of the Project and the Work to be performed, as well as the general and local conditions. Such conditions shall include, but shall not be limited to, local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could in any way affect the Work or the costs thereof. The Contractor is solely responsible for understanding the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. The failure of the Contractor to acquaint himself with all available information regarding any applicable existing or future conditions shall not relieve him from the responsibility for properly estimating either the difficulties, responsibilities, or costs of fully and adequately performing the Work according to the Contract Documents." - END OF SECTION - GENERAL PROVISIONS - 13 SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General. Section 4-1.1 of the Standard Specifications shall be amended in its entirety to read as follows: "It is the intent of the City in drafting the Contract Documents to accept only first-class work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal to samples when such samples are required. Used or secondhand materials, parts and equipment may be used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of Work shall be in strict accordance with generally accepted standards. Material, parts, equipment and Work quality shall be subject to the approval of the City's Representative. All materials, parts and equipment used and installed, and all details of the Work done, shall at all times be subject to the supervision, test and approval of the City's Representative. The City's Representative shall have access to the Work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work." "All materials, parts, equipment or Work which are defective in their construction or deficient in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction work. Any Work done beyond the lines shown on the Plans or established by the City's Representative, or any extra work done without written authority, will be considered unauthorized and will not be paid for by the City. Upon Contractor's failure to comply promptly with any order of the City's Representative made under the provisions of this Section, the City's Representative shall have authority to cause such defective or unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the Work is found to be in compliance with these specifications, the City's Representative will furnish the Contractor with a certificate to that effect." 4-2 Protection of Work and Materials. The provisions of Section 4-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall fully and adequately store and protect all materials, parts and equipment, as required herein. Contractor shall be solely responsible for any and all damages or loss by weather or any other cause to such materials, parts and equipment. The Contractor shall make good any and all damages or loss to materials, parts and equipment." "Until the final written acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and snake good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance, and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for all materials and the protection of Work already completed, and shall properly store and protect them, if necessary. Contractor shall provide suitable drainage and erect temporary structures where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of property in materials used after they have been attached or affixed to the Work or the soil upon City real property. All such materials shall, upon being so attached or so affixed, become the property of the City." "Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage valued in excess of five percent (51%) of the Contract Price if such damage was caused by an earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public Contract Code Section 7105. If provided for in the Contract Bid Forms, however, Contractor shall provide insurance to protect against such damages." 4-4 Test of Materials. The provisions of Section 4-4 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall immediately remove all rejected material from the Work or Site, and shall not again return such material to the Site." 4-6 Trade Names or Equals. The second and third paragraphs of Section 4-6 of the Standard Specifications shall be amended in their entirety to read as follows: "Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal". A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after award shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all right's to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal" item shall be not less than 35 nor more than 40 calendar days after award of Contract." "The burden of proof as to the comparative quality and suitability of alternative equipment or materials shall be on the Contractor. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. Such data shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The Contractor shall have the material tested as required by the City's Representative to determine that the quality, strength, physical, chemical or other characteristics, including durability, finish, efficiency, dimensions, service and suitability are such that the item will completely and adequately fulfill its intended function." 4-1.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications as follows: GENERAL PROVISIONS - 15 "The Contractor shall place the order(s) for all long -lead supplies, materials, and equipment, for any traffic signing, striping, legends and traffic control facilities within 3 working days after the award of Contract by the Owner. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within 15 working days from the date of said award of Contract." 4-1.10 Removal of Interfering Obstructions. Section 4-1.10 shall be added to the Standard Specifications to read as follows: "The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work." 4-1.11 Procedure in Case of Damage to Public Property. Section 4-1.11 shall be added to the Standard Specifications to read as follows: "Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at his own cost, free of all charges to the City. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid Forms and Specifications and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during his operations), shall be paid to the Contractor at the unit prices submitted in his Bid." 4-1.12 Diversion of Recyclable Waste Materials. Section 4-1.12 shall be added to the Standard Specifications to read as follows: "In support of the Owner's waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials, as defined in the Contract Documents, to appropriate recycling centers rather than area landfills. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by Owner to document Contractor's compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor." - END OF SECTION - GENERAL PROVISIONS - 16 SECTION 5 UTILITIES 402-1 LOCATION The provisions of Section 402-1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work." "The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work." "The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the Owner. The Contractor shall verify these locations." 402-2 PROTECTION The provisions of Section 402-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to grade by the Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before commencing the Work." "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing." "The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price." "During construction of the Work, some of the existing utilities may fall within the prism of trenches. if the existing utility does fall within the contractor --s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner's requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities." 402-5 DELAYS GENERAL PROVISIONS - 17 The provisions of Section 402-5 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary, the provisions of Articles 1 and 2 of the California Government Code (Sections 4215 and 4216) are incorporated by reference as if fully set forth herein. In the event of any conflict between the Standard Specifications and Government Code Sections 4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall prevail. Contractor should pay particular attention to the provisions of Section 4215 with regards to the relocation of utilities, the costs thereof, delays caused thereby and the indication of service laterals and appurtenances." "The right is reserved to the owners of public utilities or franchises to enter upon the streets for the purpose of making repairs or changes in their property which may be necessary as a result of the Work. Employees of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements." "Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison's secondary, primary and transition facilities. The term "qualified person" shall mean one who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by all Subcontractors." - END OF SECTION - GENERAL PROVISIONS - 18 SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The second paragraph of Section 6-1.1 of the Standard Specifications shall be amended in its entirety to read as follows: "After the Contract has been approved by the Owner, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. The Work shall be diligently prosecuted to completion before the expiration of the time indicated in the Bid Documents and Contract Form, plus any duly authorized extensions thereof." The provisions of Section 6-1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary herein, the Contractor's proposed construction schedule shall include the expected start and completion dates for all portions of the contract Work. During a scheduling conference between the Contractor and the City's Representative, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to delay temporarily the construction schedule agreed upon during the scheduling conference, every effort will be made to permit a new construction schedule at the time most convenient to the Contractor, thus permitting the Project to proceed with the shortest intramural movement of the equipment. The Contractor shall notify the City's Representative in all such cases in order to arrive at a mutually satisfactory schedule." "Contractor's construction schedule shall be in a form provided for in the Specifications. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Owner whenever specifically requested to do so by Owner and with each periodic payment request. Failure to submit an updated and accurate construction schedule shall render Contractor in breach of the Contract and shall entitle Owner to withhold money therefor." 6-6 SUSPENSION OF WORK. 6-6.1 General. The provisions of Section 6-6.1 of the Standard Specifications shall be amended to add the following at the end of that Section: "The situations which will be deemed to be in the City's interest to suspend the Work shall include, but shall not be limited to, the following: (1) unsuitable weather or such other conditions that render the proper prosecution of the Work impracticable or inefficient; or (2) when the Contractor or his workmen fail or refuse to carry out orders or to perform any or all of the requirements of the Contract; (3) when the Contractor fails or refuses to supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest or labor shortages of any kind); (4) when the Contractor fails or refuses to begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5) when the GENERAL PROVISIONS - 19 Contractor fails or refuses to commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (6) when the Contractor fails or refuses to maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (7) when the Contractor fails or refuses to execute the Work in a manner and at such locations as specified in the Contract Documents; (8) when the Contractor fails or refuses to maintain a Work program which will insure the Agency's interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract; or (10) when the Contractor fails or refuses in any other respect to prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contract. The Contractor shall immediately comply with any written order from the City's Representative and shall not resume operations until so ordered in writing." 6-7 DEFAULT BY CONTRACTOR. The first, second and third full paragraphs of Section 6-7 of the Standard Specifications shall be amended to read as follows: "If the Contractor should be in violation of the Contract, then the City may, without prejudice to any other right or remedy and after giving notice as specified herein, terminate the Contract and take all actions provided for herein and elsewhere in the Contract Documents. By way of example and not as a limitation upon its right to terminate the Contract as provided herein, the City may terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1) begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2) commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3) maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the Contract Documents; (5) maintain a Work program which will insure the Agency's interest; (6) carry out the intent of the Contract; (7) supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other respect prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contact." "If the City determines that sufficient grounds exist to terminate the Contract as provided herein, the City's Representative shall provide written notice to the Contractor and its surety on its performance bond. If the Contractor or its surety does not fully comply with such notice within five (5) days after receiving it, or fails to continue after starting to comply in good faith, the City may exclude the Contractor and its employees and Subcontractors from the Work, or any portion thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of every description as may be found at the place of such Work. Thereupon, the Contractor and its employees and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. hi such accounting, GENERAL PROVISIONS - 20 the City shall not be held to obtain the lowest figure for the Work for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a sum which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall exceed the amount payable under the Contract, then the Contractor shall pay the amount of the excess to the City upon completion of the Work without further demand being made therefore. In the determination of the question as to whether or not there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the Contract." 3-13 COMPLETION AND ACCEPTANCE. Section 3-13 of the Standard Specifications shall be amended in its entirety as follows: "The Work will be inspected for acceptance by the City's Representative upon receipt of the Contractor's written assertion that the Work has been completed. If, in the sole discretion of the City's Representative, the Work has been completed and is ready for acceptance, the City's Representative will notify the City Clerk that the Contract has been completed in its entirety. The City's Representative shall request that the City accept the Work and that the City Clerk be authorized to file on behalf of the City in the office of the Los Angeles County Recorder, allotice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work." "The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City's Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof." "The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of One Hundred Percent (100%) of the, Contract. Said bond shall remain in force for a period of one (1) year after the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1) year period." "The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or GENERAL PROVISIONS - 21 improper materials. Further, the certificate of final payment shall not terminate the Contractor's obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof." 6-9 LIQUIDATED DAMAGES. Section 6-9 of the Standard Specifications shall be amended in its entirety to read as follows: "Contractor agrees that if the Work is not completed within the Contract Time and/or pursuant to any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the District will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the District as fixed and liquidated damages the sum specified in the Contract form for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. Liquidated damages may be deducted from any payments or other funds owing to Contractor, including progress payments, the final payment and retentions." 2-4 TIMES OF OPERATION Section 2-4 shall be added to the Standard Specifications to read as follows: "It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no work allowed on Owner -observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools" -END OF SECTION - GENERAL PROVISIONS - 22 SECTION 5 LEGAL RELATIONS AND RESPONSIBILITIES OF THE CONTRACTOR 5-3 LABOR. 5-3.1 General. "The Contractor, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding anything to the contrary contained in the Contract Documents, Contractor shall comply with the following:" "5-3.2 Social Security Requirements. Contractor shall furnish to the City satisfactory evidence that he and all of his Subcontractors are complying with all laws, rules and regulations with respect to Social Security . The Contractor, at any time upon request, shall satisfy the City that all necessary Social Security and other taxes are being properly reported and paid." "5-3.4 Hours of Labor. Contractor and all Subcontractors shall be required to comply with the provisions of California Labor Code Section 1810 et seq. According to those sections, eight (8) hours of labor shall constitute a legal day's work. Contractor shall pay to the City a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by the, Contractor, or by any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day or forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker." "5-3.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Contractors shall meet the California Contractor's license requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract." "5-3.2.5 Non -Discrimination. Contractor shall not discriminate in the employment of persons upon the Contract because of the race, creed, color, national origin, ancestry, non - disqualifying disability, age, medical condition, marital status, sex or other classifications of such persons protected by federal, state and local laws, rules and regulations. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall cause an identical clause to be included in every subcontract for the contract work." "7-5.3.6 Travel and Subsistence Payments. As required by Section 1773.8 of the GENERAL PROVISIONS - 23 California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with law. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids." 2-2 PERMITS. Section 2-2 of the Standard Specifications shall be amended in its entirety to read as follows: "Unless indicated to the contrary in the Contract Documents, including the Special Provisions, Contractor shall procure all permits and licenses (including a City business license), pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work." 3-12 WORK SITE MAINTENANCE. 3-12.2 Air Pollution Control. The provisions of Section 3-12.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements." 3-12.6 Water Pollution Control. The provisions of Section 3-12.6 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with the provisions of the Federal Clean Water Act as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts 122-124, the Porter -Cologne Act (California Water Code) and the Waste Discharge Requirements for Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best Management Practices (BMPs) are listed in the California Storm Water Best Management Practices Handbook for Construction Activities." WATER POLLUTION CONTROL A. Water Quality Protection Requirements For Construction Projects With Less than 1 - Acre Of Disturbed Soil All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) GENERAL PROVISIONS - 24 to meet the minimum water quality protection requirements as defined in Table 2-1. Table 2-1 Minimum Water Quality Protection Requirements for Construction Projects Category Minimum Requirements BMPs 1. Sediment Sediments generated on the project site shall be retained Sediment Control using adequate Treatment Control or Structural BMPs. Control 2.Construction Construction -related materials, wastes, spills or residues Site Materials shall be retained at the project site to avoid discharge to Management; Control streets, drainage facilities, receiving waters, or adjacent Material and properties by wind or runoff. Waste Non -storm water runoff from equipment and vehicle Management washing and any other activity shall be contained at the project sites. 3. Erosion Erosion from slopes and channels shall be controlled by Erosion Control implementing an effective combination of BMPs, such as Control the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Please refer to the California Stormwater Quality Association's Construction Handbook available for free on their website (www.cabmphandbooks.com — Construction Handbook) for further information regarding the BMPs listed in Table 2-1. B. Water Quality Protection Requirements For Construction Projects With 1 -Acre (or greater) Of Disturbed Soil In addition to the minimum BMPs required in Section A, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted to the City for all construction projects where at least 1 -Acre of soil will be disturbed. The SWPPP will include strategies for reducing runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP may also be required for projects smaller than 1 -Acre if the City designates the project a threat to water quality objectives. In addition, the contractor must contact the Los Angeles Regional Water Quality Control Board (LARWQCB) if the project will disturb 1 -Acre or more of soil. Construction activities can not begin until a Waste discharger Identification (WDID) Number is issued by the State Water Board. The I -Acre threshold includes the total amount of land disturbance. For example, if four streets, each 1/4 -acre in size in different parts of the City are to be reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI) MNaIa11.1 aWIGIVIL [Il0Lo i you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 4"'. Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576-6600; Fax: (213) 576-6640 Internet Address: http://www.swrcb.ca.gov/—rwgcb4 The SWPPP shall include: • The name, location, period of construction, and a brief description of the project; • Contact information for the owner and contractor; • The building permit number for the project; • The grading permit number for the project (where applicable) • A list of major construction materials, wastes, and activities at the project site; • A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; • A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; • Non -storm water discharges, their locations, and the BMPs necessary to prevent the discharge; • A maintenance and self -inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and • A certification statement that all required and selected BMPs will be effectively implemented. Within 7 days after the City has certified the contract, the Contractor shall submit two 2 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re -submit the document within 7 days of their receipt of the City's comments. The City shall then have 7 days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. C. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The GENERAL PROVISIONS - 26 Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabniphandbooks.com) in conjunction with all activities and construction operations: 1. Construction Practices (NS2, NS3, NS4, and NS6) 2. Material and Waste Management (WMOI, WM02, and WM04) 3. Vehicle and Equipment Management (NS8, NS9, and NS 10) 4. Physical Stabilization (EC7, EC12, NS4, TC1, and TC2) 5. Sediment Control Practices (SEI, SE9, SE8, SE10, SE3, and SE2) Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association Los Angeles County DPW P.O. Box 2313 Cashier's Office Livermore, CA 94551 www.cabmphandbooks.com D. Implementation 900 South Fremont Avenue Alhambra, CA 91803 Tel. No. (626) 458-6959 The Contractor will be responsible throughout the duration of the project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor's activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil -disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil -disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this section, "Water Pollution Control". Unless otherwise directed by the City, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work. E. Sewage Spill Prevention GENERAL PROVISIONS - 27 The Contractor's attention is directed to the sewer bypass operation required during any sewer construction (Standard Specification for Public Works Construction Section 500.1.2.4). The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damagedby the contractor shall be immediately repaired at the Contractor's expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. F. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to the following two (2) City Departments: Public Works/ Engineering (626) 569-2150 Public Safety Department (626) 569-2292 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors, to be reached during emergency and off -hours. The City will notify the following: Los Angeles County Department of Health Services (213) 974-1234 Los Angeles County Department of Public Works (800) 303-0003 Regional Water Quality Control Board (213) 576-6665 or 6600 State Office of Emergency Services (800) 852-7550 (For any significant volume of material that entered the storm drain or receiving water) G. Sewage Spill Written Notification The Contractor shall prepare and submit a written report within three (3) working days from the occurrence of a spill to the City, (Attention: Project Manager). This report shall describe the following information related to the spill: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause GENERAL PROVISIONS - 28 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring H. Enforcement The City, as a permittee, is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall be responsible for all costs and liabilities imposed by law as result of the Contractor's failure to comply and/or fulfill the requirements set forth in Section 7.09 - "Water Pollution Control". The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. I. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the S WPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. J. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefore. 7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added to the Standard Specifications to read as follows: "The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on thejob or related to thejob, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor." GENERAL PROVISIONS - 29 5-7 PUBLIC CONVENIENCE AND SAFETY. 5-7.1 Work Site Safety. 5-7.2 Safety Orders. Section 5-7.2 shall be amended to add the following to the beginning of the first full paragraph: "In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property in performance of the Work. This requirement shall apply continuously and shall not be limited to normal working hours. The Contractor's duty to preserve safety shall include, but shall not be limited to, the erection and maintenance of temporary fences, bridges, railings and barriers; the placement of guards; maintenance and operation of sufficient lights and signals; and all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the City's Representative or other City employee or agent to give general engineering supervision ofthe Contractor's performance is not intended to include the review of the adequacy of the Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and complete responsibility for safety conditions on the Site." Section 5-7.2 shall be amended also to add the following to the beginning of the second full paragraph: "Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705, regarding sheeting, shoring and bracing." 5-7.4 Special Hazardous Substances and Processes. Section 5-7.4 shall be amended to add the following to the end of that Section: "As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latentphysical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute." 5-6 PATENT FEES OR ROYALTIES. Section 5-6 of the Standard Specifications shall be amended in its entirety to read as follows: "The Contractor shall include in its bid amount the patent fees or royalties on any patented GENERAL PROVISIONS - 30 article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use." 5-1 LAWS AND REGULATIONS. Section 5-1 of the Standard Specifications shall be revised in its entirety to read as follows: "The Contractor shall keep itself fully informed of all existing and future State, Federal and local laws, rules and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with all such existing and future laws, rules, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall defend, indemnify and hold harmless, at least to the extent of the indemnification provisions of this Agreement, the Owner and its officials, officers, employees, volunteers and agents, including, but not limited to, the Director of Public Works and the Owner Engineer, against any claim or liability arising from, or based on, the violation or alleged violation of any such law, rule, ordinance, regulation, order, or decree, whether by itself or its employees. The Contractor shall particularly observe all laws, rules and regulations relating to the obstruction of streets or the conduct of the Work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic. The Contractor shall at all times comply with such laws, rules and regulations. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, rule, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing." 5-4 INDEMNIFICATION. Section 5-4.1 shall be added to the Standard Specifications as follows: "Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with Counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, volunteers or agents. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, volunteers or agents, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, employees, volunteers or agents for any and all legal expenses and costs incurred GENERAL PROVISIONS - 31 by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782." 5-7.2.2 CONCRETE FORMS, FALSEWORK AND SHORING. Section 5-7.22 shall be added to the Standard Specifications as follows: "Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents." - END OF SECTION - GENERAL PROVISIONS - 32 SECTION 7 MEASUREMENT AND PAYMENT 7-2 LUMP SUM WORK. Section 7-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and which shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre -construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor." 7-3 PAYMENT. 7-3.1 Payment. The last paragraph of Section 7-3.1 of the Standard Specifications shall be deleted and replaced with the following two paragraphs: "Contractor shall submit, with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. Following the City's acceptance of the Work as fully complete, the Contractor shall submit to the City for approval a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City's Representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which, in the City Representative's opinion, shall be just and fair, covering the amount and value of the total amount of Work done by the Contractor, less previous payments, applicable withholdings and retentions." "All retention proceeds shall be released and paid in strict accordance with Public Contract Sections 7107 and 7201." Section 7-3.1 of the Standard Specifications shall be amended to also add the following at the end of that Section: "Payment for the various items on the Contract Bid Forms, as further specified in the Contract, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of Work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these General Conditions, and as shown on the Drawings, including all appurtenances thereto. Compensation shall include all costs of compliance with the regulations of public agencies having jurisdiction over the Work, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA)." "No separate payment will be made for any item that is not specifically set forth in the Contract Bid Forms, and all costs therefor shall be included in the prices named in the Contract Bid GENERAL PROVISIONS - 33 Forms for the various appurtenant items of work." 7-3.2 Partial and Final Payments. Section 7-3.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "For purposes of this Section, the monthly payment date shall be the last calendar day of each month. In order for the City to consider and prepare for each monthly payment, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) day of the following month. The City shall review and make payment on all approved charges within the time required by Public Contract Code Sections 20104.5 et sem." "Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the Owner to the Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of liquidated damages." "Subject to the provisions of Section 22300 of the California Public Contract Code, a 5 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the Owner for payment. All billings shall be directed to the Engineer." "Pursuant to Section 22300 of the California Public Contract Code, In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City." "The Contractor shall submit with each invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen." - END OF SECTION GENERAL PROVISIONS - 34 CITY OF ROSEMEAD ACOUSTIC PANELS (ROSEMEAD COMMUNITY AND RECREATION CENTER AND GARVEY GYM) PROJECT No. 31029 PART "B" SUPPLEMENTAL GENERAL CONDITIONS ACOUSTIC PANELS (ROSEMEAD COMMUNITY AND RECREATION CENTER AND GARVEY GYM) PROJECT No. 31029 SUPPLEMENTARY GENERAL CONDITIONS 10-1 GENERAL 10-1.1 Description of Work The project consists of furnishing and installation of acoustic panels at two City facilities: Rosemead Community and Recreation Center and at Garvey Gym. Scope of work includes installation of 2 -inch acoustical panels produced of 6 Ib. density fiberglass core and wrapped in polyester panel, along with all related appurtenances as indicated on the construction plans, including other incidental and appurtenant work necessary for the proper completion of the project as indicated in project plans and specifications. 10-1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis for the compilation of bids, and the City of Rosemead does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. In such case the contract unit price shall prevail subject to the requirements of Subsection 3- 2.2.1 of the Standard Specifications. All work incidental to this project, as described on the drawings and/or this specification shall be considered as included within the scope of the work. The bid prices submitted by the contractor shall include the cost of said incidentals, even though such incidentals are not specifically mentioned in the preceding description of work to be done or in the proposal form. 10-1.3 Equals - Whenever the names of specific products are designated in the details appearing on the drawings or in the specifications, the intent is to state the general type and quality of the products desired, without the intention of ruling out the use of other products of equal type and quality. If the successful contractor wishes to make substitutions of the products specified, he must make an application in writing to the Engineer prior to the acceptance and installation into the project with a complete description of the alternate products and a statement with regard to the saving to the owner, if any, in case the substitution would be permitted. The Engineer will have the right to make the final decision in these cases and to insist on use of particular brands of products shown on the drawings or in the specifications, if, in his opinion, such brands will be preferable to the Engineer, in lieu of the requested substitutions. 10-1.4 Installation of Equipment -All materials and workmanship shall be in accordance with the manufacturer's specifications and instructions. SUPPLEMENTARY GCs -I 10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard Specifications with the following special conditions: a. Beginning and Completion of Work: The contract time allowed for completion of the project will involve THIRTY (30) working days for the procurement of materials, beginning once the Notice of Procurement is issued. An additional TWENTY (20) working days will be allowed for completion of the project from the date listed on the Notice to Proceed. b. The contractor shall submit to the Engineer a time schedule of work for the various sequences of the major operations. Said schedule shall be submitted at least 5 working days prior to the beginning of work and shall be subject to the approval of the Engineer. C. Working hours on this project shall be limited to 7:00 a.m. to 4:00 p.m. with no work on Saturdays, Sundays, Holidays, and alternate Fridays in which City Hall is closed. Except when authorized by the Director of Public Works or City Engineer. d. Inspection: The City shall provide inspection for an 8 -hour day for normal working days. The City will deduct from the contractor's invoice an amount equal to $120 per hour for inspection in excess of the foregoing, including legal holidays, City Hall closed Fridays, and weekends. e. Weight master certificates are source documents and it is the contractor's responsibility to collect the material tickets from the drivers at the delivery point, sign and date them and submit to the City Inspector. f. Contractor shall notify all property owners within the project limits of all activities; written notification shall be delivered to properties at least seventy-two (72) hours in advance of any activity. g. The contractor and all subcontractors shall attend a pre -construction meeting at the time, date, and place determined by the City. h. The contractor and all subcontractors shall obtain a Rosemead Business License prior to the start of work. 10-3 STANDARD SPECIFICATIONS The work embraced herein shall be done in accordance with the "Standard Specifications for Public Works Construction (Greenbook)," latest edition, including all supplements, and applicable provisions of Caltrans Standard Specifications, latest edition. SUPPLEMENTARY GCs -2 In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. 10-4 CONSTRUCTION YARD It shall be the contractor's responsibility to locate any storage sites for materials and equipment needed, and such sites must be approved in advance by the City Engineer. When storage sites are located on private properties, the contractor shall be required to submit to the City Engineer written approval from the record owner authorizing the use of his property by the contractor, and contractor shall bear all the cost involved, and provide necessary insurance requirements. If contractor chose one of the City owned. The contractor accepts sole liability for the yard during the time, which it is occupied. The contractor agrees to indemnify and hold harmless the City and ARA during the period which the contractor occupies the site. The yard shall be fenced with City - approved temporary chain link fence and gate(s). The yard shall be secured at all times. The Contractor shall be responsible for required utilities, if available. The Contractor shall store all materials in a manner, which complies with manufacturer's recommendations and/or legal requirements. The yard shall be maintained in a manner consistent with surrounding properties. After the project is constructed, the Contractor shall move off of the yard and return the yard to a condition similar to before he moved on the yard. In order to assure these requirements are met, the Contractor shall have an independently prepared environmental report prepared prior to Contractor mobilization and after final cleanup. Contractor and all subcontractors shall not be permitted to place any signage or advertising signs on the site unless city's written approval is obtained. 10-5 UTILITIES The contractor will obtain the locations of underground facilities from the utility companies at least twenty-four (24) hours prior to commencing construction in such areas. At all time the contractor shall be responsible for the protection of such facilities and shall be held liable for damage to utilities during construction. The contractor is responsible to call Underground Service Alert at 811 at least 72 hours prior to commencing any work. 10-6 CONSTRUCTION WATER It shall be the responsibility of the contractor to furnish an adequate supply of water for construction use. SUPPLEMENTARY GCs -3 10-7 AIR AND WATER POLLUTION The Contractor shall be required to conform to all current regulations of the South Coast Air Quality Management District. The Contractor shall also conform to Section 402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of municipal, industrial and construction stormwater discharges under the National Pollutant Discharge Elimination System (NPDES) program. 10-8 HAZARDOUS MATERIAL NOTIFICATION A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all hazardous materials which are brought on site by the Contractor. A MSDS is required for any product which may contain hazardous materials. The contractor must alert the City Engineer of the quantity and type of hazardous material which will be brought on site. The MSDS sheets must be submitted to the City Engineer at least two (2) business days prior to starting work. The City Engineer may require the City Safety Officer or his designee to review the MSDS for approval of use. The contractor shall be responsible for notifying Underground Service Alert (800) 422- 4133 and all utility companies having substructures within the limits of the job. This shall be done at least 72 hours prior to commencing construction. 10-9 PUBLIC CONVENIENCE AND SAFETY The contractor shall conduct his operations to comply with the provisions of section 5-7 of the Standard Specifications. Traffic Control shall comply with the Work Area Traffic Control Handbook of the American Public Works Association (WATCH Manual), latest edition. After award of the contract, the contractor shall submit to the Engineer his proposed schedules for lane closing and his methods of traffic control to comply with the requirements specified herein below. This submittal shall be made sufficiently in advance of any rerouting or diversion of traffic by the contractor to allow for a review of the contractor's proposed traffic control. Any shifting of traffic from one lane to another which is necessary in order to maintain the required number of lanes, shall be directed in such a manner that traffic may move smoothly across the work without any sudden changes from one lane to another. Toward this end the minimum taper allowed for detouring the traffic from one lane to another shall be 20:1. The contractor shall provide, throughout the period of construction, all signs which may be deemed necessary for the safe and orderly conduct of vehicular traffic as directed by the Engineer. All barricades used as warning and guiding devices shall bear the name of the contractor in legible letters. Flashing arrow board(s) shall be required throughout the construction period. SUPPLEMENTARY GCs -4 Traffic lanes shall have a minimum width of twelve (12) feet and minimum clearance of two (2) feet from curbs, poles and similar obstructions, and two (2) feet from any excavation, unless otherwise specified. One lane each direction shall be maintained at all times. Transitions of differential road surfaces shall be maintained according to SSPWC sect. Spillage resulting from hauling operations along any public traveled way shall be removed immediately by the contractor. Traffic shall not be allowed on the street until the initial sweeping is complete. Contractor shall provide access to the existing driveways at all times. Contractor will close only one driveway at any time to properties having more than one driveway. 10-10 PAYMENT Payment shall be made in accordance with Section 7 of the Standard Specifications. Payment will be made at the lump sum prices or unit prices as stipulated in the Bid Proposal and will include full compensation for furnishing all labor materials, tools and equipment and doing all the work involved in completion of the bid items. 5 % retention will be paid 35 days after Notice of Completion was recorded. 10-11 SURVEY MONUMENTS See Section 3-10 Surveying of the General Provisions Page — 7. 10-12 CLEAN-UP Upon completion of the work and before the final estimate is submitted, the Contractor shall, at his own expense, remove from the vicinity of the work all plant, buildings, rubbish, unused materials, concrete forms and other materials or equipment belonging to or used by him or any subcontractor on the work. In the event of failure to so remove, the same may be removed and disposed of by the City at the Contractor's expense. 10-13 GUARANTEE The contractor hereby guarantees for a period of one year that the entire work constructed by him under this contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished by him. The contractor hereby agrees to make at his own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by him that becomes evident within the time specified after filing of the Notice of Completion of the work by the Engineer, and to restore to full compliance with the requirements of these specifications, including the test requirements set forth herein for any part of the work constructed hereunder, which during said period is found to be deficient with respect to any provision of the specifications. The contractor also agrees to defend, indemnify and hold the Owner, its officers and employees, SUPPLEMENTARY GCs -5 harmless from claims of any kind arising from damage due to said defects. The contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Engineer. If the contractor fails to make the repairs and replacements promptly, the owner may doe the work and the contractor and his surety shall be liable to the owner for the cost thereof. Upon termination of the Contractor's guarantee any manufacturers' guarantees held by him shall be delivered to the owner. The guarantees and agreements set forth in this section shall be secured by a surety bond which shall be delivered by the Contractor to the Owner before the notice of completion shall be filed by the Public Works Director. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the owner, in the amount of ten percent (10%) of the contract price. Said bond shall remain in force for a period of one year from the date of filing of the Notice of Completion. Instead of providing a surety bond, the contractor may, at his option, provide for the Faithful Performance Bond furnished under the contract to remain in force for said amount until the expiration of the required period. 10-14 SANITATION All portions of the work shall be maintained at all times in sanitary condition. The contractor shall provide adequate toilet facilities for all workmen and representatives of the owner employed on the work. Such facilities shall be subject to the acceptance of the owner as to location and type. The contractor shall maintain the same in sanitary condition from the beginning of the work until completion and then shall remove the facilities and disinfect the premises if necessary. The contractor shall be responsible for alleviating all dust and nuisance conditions occasioned by his work. Each day, at the completion of the day's work, the entire trench area and adjacent streets shall be swept and cleaned to the satisfaction of the City Engineer or his appointed representative. The contractor shall cover all storm drain catch basins during excavation and sweeping operations to prevent excavated materials from entering the catch basins. 10-15 SITE MAINTENANCE 1.01 General. The Contractor shall maintain the construction site in a neat and orderly condition, free from trash and waste construction materials at all times. Unattended construction materials, equipment, and trash shall be left in a manner to not constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. SUPPLEMENTARY GCs -6 The Contractor shall provide proper barricades with flashing lights properly working and temporary fencing to insure a safe construction site. The Contractor shall maintain the work site in a manner that assures adequate access to workers and other authorized personnel. The Contractor shall provide proper traffic control in all construction areas. 1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to abate undue dust. Application of water for dust control shall be under the control of the Engineer and shall be applied in the amounts and at locations designated by the Engineer or other City Representatives. 1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm or other water from flowing uninterrupted along the existing street drainage courses. Diversion of water for short reaches to protect construction may be permitted if public or private properties are not threatened with damage. Should such diversions be necessary, the Contractor shall obtain written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside rights-of-way or normal drainage courses. 1.04 Protection of Existing Improvements. Construction operations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor shall work around all existing utility facilities. During construction the Contractor shall cooperate with the owners of any utility that has manholes, vaults, valve covers or any other facilities within the construction area. These facilities shall be completely protected by the Contractor. The Contractor shall exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless otherwise specified, all costs for protection of existing improvements shall be absorbed in the various items of work and no separate payment shall be made for them. 1.05 Restoration of Existing Improvements. All existing improvements removed or damaged during construction shall be reconstructed in accordance with the applicable provisions of the Standard Specifications for Public Works Construction, 2021 Edition, (hereinafter referred to as the Standard Specifications). The Contractor shall replace or restore existing improvements to their original condition to the satisfaction of the Engineer at no expense to the City. 1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste material shall become the property of the Contractor and shall be disposed of by the Contractor outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. 1.07 Final Clean Up. After completion of all other work required under the contract, the Contractor shall, at no expense to the City, clean up the work site including any and all properties used by the Contractor during construction to the satisfaction of the Engineer. SUPPLEMENTARY GCs -7 The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or nature which has been moved, damaged or altered in any way by the Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing asphalt pavement or concrete pavement during paving operations. The Contractor shall slurry (quick set emulsion aggregate slurry, Type 11 (cationic) with 2-1/2% latex additive) all asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on the concrete pavement, Contractor shall sand blast the affected area to its original condition and to the satisfaction of the Engineer or City Representatives at no additional cost. Any and all of these requirements shall be at the Contractor's expense. 1.08 Payment. No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. 10-16 CLEARING AND GRUBBING 2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and Grubbing" of the Standard Specifications. In addition, the following items of work are included under Clearing and Grubbing, unless otherwise covered by specific bid items: A. Maintaining dust control at all times by watering and sweeping. B. Providing traffic control and maintaining access, security and safety including all signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in these specifications. C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures. D. Removing, storing, and replacing removable and portable items and their safe handling and keeping. E. Providing temporary pumps, conduits, and any other necessary means to convey waste waters in order to bypass the construction as needed and as approved by the Engineer. F. Saw cutting Portland cement concrete and asphalt concrete pavement for construction of smooth and straight joins. G. Providing shoring, sheeting, bracing, etc. for excavations. SUPPLEMENTARY GCs -8 H. Removing, relocating and replacing all sprinkler lines, heads, valves, and other landscaping items interfering with the construction of improvements. L Removing and disposing of all existing improvements interfering with the construction of new improvements and/or as required elsewhere in these specifications and not included in other bid items. J. Restoring landscaping or any other miscellaneous improvements damaged during construction. K. Removing, replacing, backfilling, and compacting miscellaneous earthwork resulting from removing existing improvements that are not replaced and where excavations were made for concrete forming. L. Backfilling areas with clean topsoil; grading to join elevation of newly constructed curb, sidewalk, and driveway approach; and seeding, watering, and caring for rye grass or approved equal by the Engineer until the grass is established. M. Providing all necessary means to prevent tracking of asphalt oil on existing or new asphalt pavement including a water truck during the paving operation and for restoring areas where asphalt oil was spilled. N. Coordinating the construction with all utility companies. O. Obtaining permit from the appropriate water company for connection to fresh water source and delivering water to the point of use and assuming payment of all fees and payment for water used. 2.02 Payment. Payment for Clearing and Grubbing shall be included in the lump sum price under each bid item. Payment of the lump sum price bid shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in Clearing and Grubbing as specified above and as directed by the Engineer. 10-17 CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT OF THE PROTECT 3.01 General. Due to the nature of this project involving some inconveniences, the Contractor shall respond to all complaints associated with the project that include any alleged damage to private property and/or vehicles, within 24 hours of notification. Failure to comply with this provision will result in an additional penalty of $50.00 per occurrence. The City reserves the right, after 24 hours of notification, to respond to the complaint and repair the alleged damage. The Contractor shall reimburse the City for all costs involved in addressing the complaint, including any administrative costs incurred by the City. 3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute notices informing those affected that construction will be performed in proximity to their SUPPLEMENTARY GCs -9 property. The notice shall be distributed not less than 48 hours before commencement of work. The Contractor shall provide a sample notification to the Engineer for approval. 3.03 "NO PARKING" Signs. The Contractor shall post temporary "NO PARKING" signs at no cost to the City. The "NO PARKING" signs will be in place not less than 48 hours prior to performing the work. 3.04 Payment. No separate payment will be made for Contractor's Responsibilities Before Commencement of the Project. All costs for furnishing all labor, materials, tools, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. SUPPLEMENTARY GCs -10 CITY OF ROSEMEAD ACOUSTIC PANELS (ROSEMEAD COMMUNITY RECREATION CENTER AND GARVEY GYM) PROJECT No. 31029 PART "C" TECHNICAL PROVISIONS ACOUSTIC PANELS (ROSEMEAD COMMUNITY RECREATION CENTER AND GARVEY GYM) PROJECT No. 31029 TECHNICAL PROVISIONS Project Locations: Garvey Gym is located at 7954 Dorothy Street: TECHNICAL PROVISIONS TP -I PART1 GENERAL 1.1 GENERAL DESCRIPTION A. SCOPE OF WORK FOR ACOUSTIC PANEL INSTALLATION AT GARVEY GYM INCLUDES: • Procuring And Installation of 2" Acoustical Panels Produced From 6 Lb. Density Fiberglass Core With Chemically Hardened 3/8" Beveled Or Square Edges. Panels To Be Wrapped With Fr -701- 100% Polyester Panel Fabric. Color To Be Determined By Facility Staff Prior To Ordering. Installation On Concrete Walls To Consist Of Using Impaling Clips And Adhesives. A Total Of 60 Panels (2" X 4'x4') To Be Installed At Garvey Park Gym. B. SCOPE OF WORK FOR ACOUSTIC PANEL INSTALLATION AT ROSEMEAD COMMUNITY RECREATION CENTER (ROOM 2): • Procuring And Installation of 2" Acoustical Panels Produced From 6 Lb. Density Fiberglass Core With Chemically Hardened 3/8" Beveled Or Square Edges. Panels To Be Wrapped With Fr -701- 100% Polyester Panel Fabric. Color To Be Determined By Facility Staff Prior To Ordering. Installation On Drywall Walls To Consist Of Using Finishing Nails And Adhesives. A Total Of 42 Panels (2" X 4'x4') To Be Installed At Rosemead Community Recreation Center. 1.2 QUALITY ASSURANCE A. The contractor shall record the batch number of each product used on the site and maintain it through the warranty period. B. The manufacturer's representative shall be available to help resolve material questions. 1.3 SUBMITTALS A. Manufacturer specifications for components, color chart and installation instructions. B. Product substitution: If other than the product specified, the contractor shall submit at least 7 days prior to the bid date a complete type of written list of proposed substitutions with sufficient data, drawings, samples and literature to demonstrate to the owner's satisfaction that the proposed substitution is of equal quality. 1.4 GUARANTEE A. Provide a guarantee against defects in the materials and workmanship for a period of one year from the date of substantial completion. PART 2 EXECUTION 2.1 PROTECTION A. Ensure that the material staging area is closed off and not accessible by the public. 2.2 CLEAN UP A. Remove all containers, surplus materials and debris. Dispose of materials in accordance with local, state and Federal regulations. B. Leave site in a clean and orderly condition. TECHNICAL PROVISIONS TP -2