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2400 - CEM Construction - Sidewalk Installation Project - Klingerman Street from La Presa Avenue to Paljay Avenue AThis page is part of your • 74:3 document 20180733455 III 111111111111111111 Pg0: k.7 9"/A-A + Recorded/Filed in Official Re„rds ' Rr . • Cali ornia o,a3„aA„o..2AM �o�.� PEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 liI N I I IIVI II I IIIV 1 1 1 1 1 1 1 III I I VIII U I IIGI II I IVII II I II II I IIS L ADS EE 1111111 VIII IIIV IV ui i iii vii vii oi I III iiu II201 0 2333 0019 0 0 55 4986 AVV III0 II[II II I III 1011111111 II 02 i11110110110im i miii ) nAi1uuuiiumiiiiu u IIII1100111011011011111111110101111101110101I- IIINII - f RECORDING REQUESTED BY CITY OF ROSEMEAD AND WHEN RECORDED MAIL TO: 11\1821\1110 1Name City of Rosemead8838 E. Valley Blvd.Street Rosemead, CA 91770 Address ATTN: CITY CLERK City& State L J SPACE ABOVE THIS LINE FOR RECORDER'S USE Notice of Completion Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is: City of Rosemead 3. The full address of the undersigned is: 8838 E. Valley Blvd., Rosemead, Ca 91770 4. The nature of the title of the undersigned is: In fee (If other than fee,strike"In fee"and insert,for example,"purchaser under contract of purchase,"or"lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned are: Names Addresses N/A N/A 6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to: Names Addresses N/A N/A (If no transfer made,insert"none") 7. A work of improvement on the property hereinafter described was completed on: June 11, 2018 8. The name of the contractor, if any, for such work of improvement was: CEM Construction, Corporation 8207 Brookgreen Road, Downey, CA 90840 9. The property on which said work of improvement was completed is in the City of Rosemead County of Los Angeles , State of California, and is described as follows: Sidewalk Installation Project—Klingerman Street from La Presa Avenue to Pal Jay Avenue 10. The street address of said property is: as listed in No. 9 (If no street address has been officially assigned,insert"none") Signature of owner named Dated: 0'1l g ( � g in paragraph 2 i afael M. Fajardo, P.E. City Engineer By City of Rosemead f •' I certify(or declare) under penalty of perjury that the foregoing is true and • oi ( k E3 I ( g /7 Datefael M. Fajardo, P.E. City Engineer City of Rosemead, California Rosemead, CA Place of Execution • f ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California ) County of 1222S A _L-8' ) On k i ; 1 : before me, fl'dCek 6OUflAiiez_i k..)p--6-C, pOOktc. , Date Here Insert Name and Title of the-Officer personally appeared II ,^4__ , c(za . Name(aj'of Signer) who proved to me on the basis of satisfactory evidence to be the person whose whose name is re s. bscribed to the within instrument and acknow dged to me that he/tliey executed the same in 6 er/their authorized capacity, and that by er/their signature on the instrument the person,((', • he entity upon behalf of which the person( ac ed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,rales ERICKA HERNANDEZ WITNESS my hand and official seal. Notary Public-California / .si:-,- a ��, � Los Angeles,County z i :of__ Commission#2158152 —r Signature (1 c 3_ MY Comm.Expires Jun 24.202 0 C Signature •f Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docume,t ` r —� Title or Type of Document: Ot'' 0c C byt l�J'11 % Document Date: :.,1V1A-2. 1(i 26))8 Number of Pages: Signer(s) Other Than Aimed Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: L4,.✓,4�✓, ,,,4,,✓,4�✓,4 �4,,y4v 4w,4\✓,,w..'✓4w,4�4�4wv,,,,4'.Y4�4�✓',4� ,,v2:4 , 4,,,y 4: 4N✓,4v 4 4� ..✓,4 4 4�✓,4�J'4�4v4�4s✓4 4.. ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 4 7 .<---e M F \ j O t 9 t,cbitip taN , 1 CC'RPogpTEG,99 ( CITY OF ROSEMEAD, CALIFORNIA Public Works/Engineering: 8838 East Valley Boulevard, Rosemead,California 91770 (626)569-2150 FAX:(626)307-9218 CONTRACT CHANGE ORDER Date: June 27, 2018 Contract Number: C 19301 Project: Sidewalk Installation Project—Klingerman Street from Change Order Number: 1 La Presa Avenue to Pal Jay Avenue To: CEM Construction, Corporation 8207 Brookgreen Road . Downey, CA 90840 Contractor Telephone: (562) 708-0016 Attention: Mr. Emigdio Carrillo Contractor Fax: Description of Change (additional sheet attached) 0 CO#1 - Quantity Adjustment-See Attached Spreadsheet $ 4,250.00 Total Contract Change Order No. 1: $ 4,250.00 Reason for Change(additional sheets attached) /1 The above-described changes are outside of the original scope of work. Distribution Contractor ® Consultant ❑ Division ►1 Project Manager ® Project File ® Other: 0 Form PWE(Revised 5/09) Page 1 of 2 CITY OF ROSEMEAD CONTRACT CH-''',NGE 01" DER The change results in the following adjustment of Contract Price and/or Time: Description Amount %Change Original Contract Price $ 49,905.00 Net Change by Previously Authorized Change Orders/Contract Amendment. $ 0.00 This Change Order $ 4,250.00 Total Change Order Amount including this Change Order $ 4,250.00 Contract Price after Change Order(s) $ 54,155.00 Account/Program Numbers 101-6005-5395-24006-301-3 $4,250.00 Contract Time prior to Change Order N/A Net Increase in Days Authorized by this Change Order N/A Current Contract Time including this Change Order N/A Project Completion Date Including Net Increase in Days by Change Order__, Contractor is hereby directed to make the herein-described changes and/or perform said herein-described work in connection with above reference project. All new work shall conform to the applicable provisions of the plans and , specifications, except as specifically modified by the Contract Change Order. This Change Order No. 1 to Contract No. C 19301 constitutes full and complete compensation for all costs associated with the above changes inclusive of insurance, contractors profit, direct and indirect overhead, extended office overhead, bonds, supervision, labor, materials and equipment. All other costs are non-compensable: All other provisions, requirements, terms and conditions contained in the above referenced Agreement remain in full force and effect. This Change Order is not valid until signed by both City and Contractor. Attachments: (List attached documents that support Change Order) Attached is the Quantity Adjustment Spreadsheet City of Rosemead Contractor/Consultant Prepared/Approved By: Accepted By: 01kofi CEM Construction, Corporation el M.Fajardo,P.E.,City Engineer Date Name of Contractor —7/140 �s�� c>j ra-1 ci Greg Tsujiuchi,Acting Public Works Director Date • ractor Representative Signature Date p Additional City Approvals: J ( cp1)2A/tc Cr,6Nr Printed Name, Title Title Date Title Date Form PWE(Revised 5/09) Page 2 of 2 • CITY OF ROSEMEAD Change Order#1-Final Ouantitv Adjustment Project: Sidewalk Installation Project-Klingerman Street Project No.:21006 Contractor:CEM Construction .' Address:8207 Brookgreen Road,Rosemead,CA . Phone:562-714-2886 Date: June 18,2018. ' Bid Amount Actual Quantity Item Bid Final Adjusted No. Item Description Unit Quantities Unit Price Amount Quantities Quantities Adjusted Cost 1 ;Clearing and Grubbing _ -_-_______L_LS I --1.00LL 10,000.00 I s 10,000.00 1.00 _ j_$ 2_ Disposal of Waste Materials LS 1 1.00' $ 10,6-00,00.1.s_ 10,000.00 00 1. , $ __._ 3 (Construct 4-Inches thick PCC Sidewalk per SPPWC Std.Plan 113- SF 1250.00 $ 14.90 $' 18,625.00 1450.00 200.00 1 $ 2,980.00 12. - - - - - -L_._.. ...- ,-- - - — - - ---. I - 4 Construct PCC Driveway Approach per SPPWC Std.Plan 110-2. 1 SF 340.00 $ 17.00 $ 5,780.00 i 350.001 10.00 $ 170.00 5 Construct 8-Inches Curb and 24-Inches Gutter Per SPPWC Std Plan - 1 LS I 100.00 $ 55.00 5 5,500.00, 120.00 20.00 I. $ 1,100.00 120-2. ._ -_- -_-_-_--.— - - ..._! ... - ....-�_ -- — �..._. ___ $ 49,905.00 I$ 4,250.00 Original Contract Amount $ 49,905.00 C.--•Z V-t Or Revised Contract Amount $ 4,250.00 Contractor' Sig atureDate Actual Contract Amount $ 54,155.00 `-' Quantity Adiustmemt $ 4.250.00 nspector's Signature Date .,7 ' 0612011S �„.....-Pr ject Engineer's Signature . Date Tuffie Works Department Dngineetirq Division Received Date: 05(Zi lie i Approved Denied 41E01 C19301 CONSTRUCTION CONTRACT SIDEWALK INSTALLATION PROJECT — KLINGERMAN STREET FROM LA PRESA AVENUE TO PALJAY AVENUE (CEM CONSTRUCTION, CORPORATION) 1. PARTIES AND DATE This Contract is made and entered into this dayofRC1 20t (Effective Date)by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E.Valley Blvd., Rosemead, California 91770, ("City")and CEM Construction, Corporation with its principal place of business at 8207 Brookgreen Road, Downey, CA 90240 (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the Sidewalk Installation Project— Klingerman Street from La Presa to Plajay Avenue by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project") as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" CEM CONSTRUCTION, CORPORATION Page 2 of 10 attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to December 31, 2018 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the Rafael M. Fajardo, City Engineer, or his designee, to act as its representative for the performance of this Contract("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Mr. Emigdio Carrillo, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill CEM CONSTRUCTION, CORPORATION Page 3 of 10 and attention, and shall be responsible for all means, methods,techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and CEM CONSTRUCTION, CORPORATION Page 4 of 10 regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable"public works"or"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Contract,and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty(30)days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10)days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total CEM CONSTRUCTION, CORPORATION Page 5 of 10 compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:V I I I and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Forty-Nine Thousand Nine Hundred Five Dollars ($49,905.00) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work"means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All CEM CONSTRUCTION, CORPORATION Page 6 of 10 such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: CEM Construction, Corporation 8207 Brookgreen Road Downey, CA 90840 Attn: Mr. Emigdio Carillo CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Rafael M. Fajardo P.E., City Engineer Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CEM CONSTRUCTION, CORPORATION Pagel of 10 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services,the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law,this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such CEM CONSTRUCTION. CORPORATION Page 8 of 10 attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract,the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification,or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor,employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. CEM CONSTRUCTION, CORPORATION Page 9 of 10 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] CEM CONSTRUCTION, CORPORATION Page 10 of 10 CITY OF ROSEMEAD CEM CONSTRUCTION, CORPORATION loria Mol eda, City ManageraD to Date Name: ( b/ti Ce „4 lel 1 , ca,- )t Attest: 5.108 Title: V < < F-.,. J., A Ericka Hernandez, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: BY: iName: �Q'j.LS ECchffl �[ 0 ,CAPCi✓M cons-4446409h achel Richman, City Attorney Date n Title: I { cJi c1P 11-1' CEM CONSTRUCTION CORPORATION EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL • ._ CEM Construction 8207 Brookgreen Rd. BIDDER: Downoy CA. 00240 ` - BH)SCHEDULE SCHEDULE OF PRICES FOR SIDEWALK INSTALLATION PROJECT—KLINGERMAN STREET FROM LA PRESA AVENUE TO PALJAY AVENUE PROJECT No.21006 BASE BID SCHEDULE UNIT OF MEASU EST. UNIT ITEM NO. ITEM DESCRIPTION RE QTY. PRICE COST 1 Cleating&Grubbing per LS 1 plans and specifications. 10p00 )01 DOG` 2 Disposal of Waste Materials. LS 1 I(app i©�OOO�o ` 3 Remove,dispose and SF 1,250 Construct 4-inch thick PCC 'too i9 bIi 5 oo sidewalk per SPPWC.Std. I Plan 113-2. -._ 4 Remove,dispose and SF 340 Construct PCC driveway �{ approach per SPPWC Std. �i. 00 5 /-78O Plan 110-2, 5 Remove Existing,Dispose LF IOU and Construct 8-inchesf Curb 73 00 5,60000 and 24-inches Clutter per SPPWC Std.Plan 120-2. TOTAL BASE BID PRICE(SCHEDULE BID PRICE):$ 4 R Gas.00 r od • Dollar . in written form CBF-2 CEM Construction 8207 Brookgreen Rd. Downey CA. 90240 BIDDER; Note:The City ofRosemead reserves the right to reduce or increasethe quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications,to stay within the budgeted amount of this project If the Bid Documents specify alternate bid items,the following AlternateBid amounts shall be added to or deducted from the Total Bid Price entered above.The owner an choose to include one or more of the alternates in the Total Bid Price of the Project.If any of the Alternate Bids areutilized by the Owner,the resulting amount shall be considered the Totai Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner whicb cannotbe withdrawn fur the number of Working Days indicatedintheNotice Inviting Bids flora and after the bid opening date,or until a Contract for the Work is fully executed.by the Ownerandathird party,whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and themmnexical amount ofthe Bid Price,the written amount shall govern. Attached hereto is a cert;i!Aud cheek, a cashier's check or a bid bond in the amount of I CI Dollars($ VP )said amount being not less than ten percent(10%)of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if,upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the rime provided, If awarded a Contract,the undersigned agrees to execute the formal Contract,which will beprepared by the Owner for execution,within five(5)Calendar Days following the Letter of Award for the Contraot,and willdeliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted,it will assiguto thepurobasing body all rights,title,andinterest in end to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.Section 15)or under the Cartwright Act(Cbapter2 of Part 2 of Division 7 of theBusluess and Professional.Code),arising frnmpurchases of goods,materials or services bythelidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence --- satisfactory to the Owner of Bidder's California contractor's licenses) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom;and(3)any other infonnation and documentation,fmanciat or otherwise,needed — by Owner to award a Contract to the lowest responsible and responsive bidder. Bidderumderstands and aareesthat liouidateddamages shall applvto this Contractin the amounts of five hundred dollars ($500.00) if project is not completed in THIRTY (30) calendar days. The Contract Time will begin to rim ten(10)Woxldna Days from the date of the Notice of Proceed and subject to the terms and conditions desoribed in the Contact Form and the Contract Documents CBF-3 CEM ConSirti 0ii 8207 Br0okgreen Rd. BIDDER: rlowney CA.0840 Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder, Bidder further acknowledges that the Owner may,at its discretion,incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the fallowing addenda to the Contract��tDocuments. ATheAddenda Nos. 0 /A- The Bidder understands and agrees that the Total Bid Price is inclusive of all labor,materials,and equipment or supplies necessary to complete the Work as described bathe Bid Documents, If this Md is accepted, the undersigned Bidder agrees to enter into and execute the Contract with.the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF-4 CEM Construction 8207 Brookgreen Rd. — Downey CA. 90240 BIDDER: By: s c1 eaoot9(ea? 09 Signet Business Street Address c.mig in Cc& CUo *?Win CR ao2`l ) Type orThat Nmne City,State an&Zlp Code Qres16en3/4- V-4/)748'oo110 Title C Telephone Number Bidder's/Contractor's State of Incorporation: fl, Partners or Joint Venturers; .. Bidder's LicenseNumber(s): -1 5123L Department Industrial Relations _I 0000CX� S Registered No. CIL NOM; 1) By its signature on this Bid,the Bidder certifies under penalty ofperjurythe accuracy ofthe representations made on the Contract Bid Forms. 2) If Bidder is a corporation,enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners ox joint venturers. As further discussed in the Jnstrnetions to Bidders,Bidder will be required to provide evidence that the person signing on behalf of the corporation,.partnership or,joint venture has the authority todo 80. CBF-5 CEM CONSTRUCTION CORPORATION EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that$1,000,000 per accident. If Contractor owns no vehicles,this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor,subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review. CEM CONSTRUCTION CORPORATION FOR NON-CONSTRUCTION CONTRACTS: Professional Liability or Errors and Omissions Insurance, as appropriate, shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Contract. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Contract. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A-or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over"claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. • CEM CONSTRUCTION CORPORATION 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11.Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. CEM CONSTRUCTION CORPORATION 13.For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14.Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There CEM CONSTRUCTION CORPORATION shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.