Loading...
CC - Item 5D - Various Residential Street Resurfacing FY 2021-22 - Project No. 21032 - Award of Construction ContractROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, ACTING CITY MANAGER 4v DATE: MARCH 22, 2022 SUBJECT: VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT NO. 21032 — AWARD OF CONSTRUCTION CONTRACT SUMMARY As part of the City's Fiscal Year 2021-2022 Capital Improvement Program, the City Council approved the Various Residential Street Resurfacing Project (Project). The Project consists of asphalt concrete cold mill and overlay, localized full depth asphalt concrete replacement at various locations (pothole repairs), traffic loop restoration, markings and striping at various locations Citywide. On March 9, 2022, the City performed a bid opening, and publicly opened four (4) sealed bids. After staff conducted a comprehensive bid analysis to determine the apparent lowest bid, the bid submitted by Onyx Paving Company, Inc. in the amount of $927,000 is determined to be the lowest responsive bid. DISCUSSION Staff published a Notice of Inviting Bids in local newspapers and trade publications on February 24, 2022. Sealed bids were received in the City Clerk's Office until 10:30 a.m. on Wednesday, March 9, 2022. At 11:00 a.m. on March 9, 2022, the City Clerk publicly opened and read the four (4) sealed bids with the following results: Contractor from low to high amount Location Bid Amount Onyx Paving Company, Inc. Anaheim, CA $927,000 Hardy & Harper, Inc. Lake Forest, CA $1,015,000 All American Asphalt, Inc. Corona, CA $1,068,888 Excel Paving, Inc. Long Beach, CA $1,076,380 Staff conducted a bid analysis for apparent lowest bid submitted by Onyx Paving Company, Inc. and verified their California contractor's license, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references for Onyx Paving Company, Inc. The bid submitted by Onyx Paving Company, Inc. in the amount of $927,000 is determined to be the lowest responsive bid. AGENDA ITEM 5.1) City Council Meeting March 22, 2022 Page 2 of 3 The Project's approved budget consists of $600,000 in Measure M Funds and $400,000 in Measure R Funds, for a combined total approved budget of $1,000,000. Staff is requesting to appropriate an additional $19,700 in Measure R Funds to increase the total Project budget to $1,019,700. STAFF RECOMMENDATION Staff recommends that the City Council: 1. Authorize the Acting City Manager to execute a construction contract on behalf of the City with Onyx Paving Company, Inc. in the amount of $927,000. In addition, authorize an amount of $92,700 (10%) as a contingency to cover the cost of unforeseen construction expenses, for a total construction budget of $1,019,700. 2. Adopt Resolution No. 2022-20 amending the City's Fiscal Year 2021-22 CIP Budget to appropriate additional funds in the amount of $19,700 to increase funding for the Various Residential Street Resurfacing Project No. 21032, for a total Project budget of $1,019,700. FINANCIAL IMPACT The Various Residential Street Resurfacing Project's approved budget consists of $600,000 in Measure M Funds and $400,000 in Measure R Funds, for a combined total approved budget of $1,000,000. Staff is requesting to appropriate an additional $19,700 in Measure R Funds to increase the total Project budget to $1,019,700. The following is the breakdown of the construction phase budget: Construction Contract $927,000 Construction Contingency (10%) $92,700 Total Construction Budget $1,019,700 ENVIRONMENTAL REVIEW The proposed work involves the rehabilitating existing public facility; therefore, the Project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA). STRATEGIC PLAN IMPACT The Project is consistent with the City of Rosemead's Strategic Plan Goal C - Infrastructure and Facilities, which is to enhance streets, sidewalks, and public infrastructure; coordinate with relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding the use of wireless network technology and renewable energy. City Council Meeting March 22, 2022 Page 3 of 3 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: W 4�� re44; e Michael Chung, P.E. Director of Public Works Attachment A: Resolution 2022-20 Attachment B: Bid Opening Results Attachment C: Onyx Paving Company, Inc. Bid Proposal Attachment D: Project Bid Package Attachment E: Construction Contract Agreement with Onyx Paving Company, Inc. Attachment A Resolution No. 2022-20 RESOLUTION NO. 2022-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, TO AMEND THE FISCAL YEAR 2021-22 CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATE ADDITIONAL FUNDS FOR THE VARIOUS RESIDENTIAL STREET RESURFACING PROJECT NO. 21032. WHEREAS, on June 14, 2021, the City Council adopted the Capital Improvement Program (CIP) budget for the Fiscal Year 2021-22; and WHEREAS, amendments must periodically be made to the CIP budget to conform to changed circumstances following adoption of the CIP budget. THE ROSEMEAD CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: SECTION 1: Appropriate $19,700 in Measure R Funds to increase funding for the Various Residential Street Resurfacing Project No. 21032, for a total Project budget of $1,019,700. SECTION 2: The City Clerk shall certify the adoption of this Resolution. ADOPTED this 22nd day of March, 2022. APPROVED AS TO FORM: Rachel Richman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ROSEMEAD ) Polly Low, Mayor ATTEST: Ericka Hernandez, City Clerk I, Ericka Hernandez, City Clerk of the City of Rosemead, hereby certify that the foregoing Resolution No. 2022-20, was adopted by the Rosemead City Council at a duly noticed council meeting held on March 22, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment B Bid Opening Results MINUTES OF THE BID OPENING NOTICE OF INVITING BIDS — NIB NO. 2022-05 VARIOUS RESIDENTIAL STREET RESURFACING FY 2021-22 PROJECT NO. 21032 Due Wednesday, March 9, 2022, at 10:30 a.m. A total of 4 bid(s) was received. * Lowest Bidder: �nv�x �� twvkhy.f .1V1G �1 Submitted By: 01 km i.*. -hMA Natalie Haworth, eputy City Clerk Contractor Date/Time Received Bid Amount City 1. Excel Paving March 9, 2022 $3so l O Long Beach, CA @ 9:58 a.m. 2• Onyx Paving Company, Inc. March 9, 2022 10:06 $ 9 z� ,000 Anaheim, CA @ a.m. 3. Hardy & Harper, Inc. March 9, 2022$ 1/0115/00 �O'C� 0 j 7 Lake Forest, CA @ 10:13 a.m. 4. All American Asphalt, Inc. March 9, 2022$ '' O�, d0. W Corona, CA @ 10:20 a.m. * Lowest Bidder: �nv�x �� twvkhy.f .1V1G �1 Submitted By: 01 km i.*. -hMA Natalie Haworth, eputy City Clerk Attachment C Onyx Paving Company, Inc. Bid Proposal City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 CITY OF ROSEMEAD CALIFORNIA Document Control Page 1 of 124 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 FISCAL YEAR 2021-2022 IN THE CITY OF ROSEMEAD PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION 8838 E. VALLEY BOULEVARD ROSEMEAD, CA 91770 TELEPHONE: (626) 569-2150 FAX: (626) 307-9218 BIDS DUE: WEDNESDAY, MARCH 9, 2022 AT 10:30 AM City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 15 of 124 BIDDER: O x oyf ince CITY OF ROSEMEAD VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 SECTION 1- BID SCHEDULE CONTRACT BID FORMS CBF -1 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 16 of 124 BIDDER: ONYX PAVING COMPANY, INC. BID SCHEDULE SCHEDULE OF PRICES FOR VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST Cold -mill 2" existing asphalt concrete and construct 2" AC Type 1 C2 -PG 64-10, adjust MH frame and SF 473,000 $ 05 $ 733/ 150 cover, water valve cover and gas valve cover to grade. Work includes crack sealing. Full Depth Localized Asphalt Concrete Patch. Work includes remove existing AC pavement 2 section to 10" depth. Construct 4" SF 10 000 $ 13�7d $ 137, OOD AC Type C2 -PG 64-10 over 6" ' Crushed Aggregate Base (CAB) over 8" scarified and compacted sub rade. Remove existing pavement markings and striping including 3 raised pavements markers and LS 1 $ 51 fg�j0 $ i51 $5D install pavement markings & striping including raised pavement markers. Remove and reinstall traffic signal 4 loops to match existing. EA 2 $ I f 5J00 $ 3,000 Furnish and Install Construction 5 Project Information and Funding EA 1 $ Z-1000 $ Z, 00'r" Identification Sign SB 1 TOTAL BID AMOUNT IN NUMBERS $ (?2T/ 000. C% TOTAL BID AMOUNT IN WORDS: V iaE �10_4J 012E I W E4JTY SEVL""'U : I0L)5oqNO 00L1145 4N0 Zerto C/Vz5 CBF -2 City of Rosemead, Bid Package, various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 17 of 124 BIDDER: ONYX PAVING COMPANY, INC. The award of Contract shall be based on the TOTAL BID AMOUNT. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures. Full compensation for the items listed to the A. Mobilization / Demobilization right as Items A, B, C, D and E are considered B. Traffic Control C. NPDES, WWECP, and Best Management as inclusive in each Bid Item listed above in the Base Bid Schedule as applicable, and no Practices (BMPs), Public Convenience and additional and/or separate compensation will be Safe ty D. Construction Staking by Land Surveyor allowed. E. Clearing and Gribbin The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is frilly executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of BIDDER'S BOND -10% Dollars ($ ) 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 CBF -3 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 18 of 124 BIDDER: ONYX PAVING COMPANY, INC. Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed in FORTY (40) working days. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. NIA The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -4 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 By: & S ature COREY R. KIRSCHNER Type or Print Name CEO, PRES, VP, SEC, TREA Title Document Control Page 19 of 124 BIDDER: ONYX PAVING COMPANY, INC. 2890 E. LA CRESTA AVE. Business Street Address ANAHEIM, CA 92806 City, State and Zip Code 714-632-6699 Telephone Number Bidder's/Contractor's State of Incorporation: CALIFORNIA Partners or Joint Venturers: N/A Bidder's License Number(s): 630360; A, C-12 Department Industrial Relations Registered No. 1000004798 NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give frill names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be •equired to provide evidence that the person signing on behalf of the -orporation, partnership or ,joint venture has the authority to do so. CBF -5 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 SECTION 2 BID DATA FORMS CBF -6 Document Control Page 20 of 124 BIDDER: ONYX PAVING COMPANY, INC. City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 21 of 124 BIDDER: Onyx Paving Company, Inc. Bond No. TS22-092 Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified. with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Onyx Paving Company. Inc. , as Principal, and Harco National Insurance Company , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Amount Bid DOLLARS ($ 10% of Amount Bid ), being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22—as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated March 9th, 2022 NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 4th day of March , 20 22 . Onyx Paving Company, Inc. (SEAL) Harco National Insurance Co panK(,SEAL) Principal Surety By: By: gignature Signature Kerissa Ricciardi, Attorpey-in-Fact CBF -7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On March 4, 2022 before me, Deanne K. Dodge-Krows, Notary Public (insert name and title of the officer) personally appeared Kerissa Ricciardi who proved to me on the basis of satisfactory evidence to be the person"hose nam , re— subscribed to the within instrument and acknowledged to me that,ht�ie try executed the same in her.r..authorized capacity(ies�, and that byth heir signatul*) on the instrument the pers r the entity upon behalf of which the persor-r(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEANNEK. DODGE-KROWS uCOMM. #210077 NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My Comm. Expires Jan. 0, 2024 Signature (Seal) POWER OF ATTORNEY Bond# TS22-092 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint KERISSA RICCIARDI, JAMES BALDASSARE, JR., JEREMY PENDERGAST Santa Ana, CA their true and lawful aftorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) In pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited In their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of Indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of Joint -control custodians, agents for acceptance of process, and Attorneys -In -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation In the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2021 4�,�f�� •` . TY STATE STATE OF NEW JERSEY ,'' G STATE OF ILLINOIS County of Essex = Ca �SU County of Cook SEAL j 08; 1904 es Ors 1044 jit CA AD Kenneth Chapman + Executive Vice President, Harco National Insurance Company �''r•'��, and International Fidelity Insurance Company On this 31 st day of December, 2021 , before me came the Individual who executed the preceding Instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. EA�� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, �� �� •• Gj'. Q EYp.p,• New Jersey Y the da and year first above written. • f• 'at/130P 'moi �' "�'`�L r1�. .3N,• 07 S ` WER�. Shirelle A. Outley a Notary Public of New Jersey ; My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the oi lglrsls on filo in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Powar of Attorney has not been revoked and is now In full force and effect. IN TESTIMONY WHEREOF, I have hereuntu set my hand on this day, March 4th, 2022 A02699 Irene Martins, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On March 4, 2022 before me, Ashlie Blanchard, Notary Public , Date Here Insert Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the person(s) whose name() is/aye subscribed to the within instrument and acknowledged to me that he/sloe/trey executed the same in his/hoer/their authorized capacity(iQs), and that by his/hor/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha d and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 < "= ASHLIE BLANCI IABD I( COMM. #2279550 N i Notary Public -California I'r ORANGE COUNTY a �a My L'onnti. [ xpira,. Mardi 3, 2023'/j Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha d and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 22 of 124 BIDDER: ONYX PAVING COMPANY, INC. 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent ofthe Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -8 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 23 of 124 BIDDER: ONYX PAVING COMPANY, INC. 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location of Subcontractor Description of Work to be Subcontracted Name: f 9yFMENT 12EH9G COAsjo4ly l Address: C_�-r4 /%1 . / Cx License No.: 105137% Department of Industrial Relation Registration No. 1006oj�ygZ3 Name and Location of Subcontractor Description of Wort-, to be Subcontracted Name: (1456- 460 5wzv�YlrvUj, Iva' Address: 02/9NCn E , C!9 License No.: L5y Department of Industrial Relation Registration No. /6)0000/533 Name and Location Description of Work of Subcontractor to be Subcontracted Name: r9fi FF IC L.00('5 C9f9Ck F1W 4) 6) r I A) Address: ltc,1,474 License No.: (Q q & Depailanent of Industrial Relation Registration No. lOoigco 37 '/ Name and Location Description of Work of Subcontractor to be Subcontracted Name: 150f tzlotz P�QuEWtEc/T /�IfI�KIu�tS Address: 6yKE55 � eA License No.: 77630!0 Department of Industrial Relation Registration No. 100006 /117& Name and Location of Subcontractor Description of Work to be Subcontracted Name:Al H0bG- daf51�N I AIC. Address: ICD J2I UUZA I Of License No.: 36) 8,qy3 Department of Industrial Relation Registration No..1DOboog1W CBF -9 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 23 of 124 BIDDER: ONYX PAVING COMPANY, INC. 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address:_ License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. CBF -9 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 23 of 124 BIDDER: ONYX PAVING COMPANY, INC. 23 LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location of Subcontractor Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: License No.: Department of Industrial Relation Registration No. Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF -9 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 23 of 124 BIDDER: ONYX PAVING COMPANY, INC. 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address:_ License No.: Department of Industrial Relation Registration No. Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF -9 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 24 of 124 BIDDER: ONYX PAVING COMPANY, INC. 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. PLEASE SEE ATTACHED REFERENCES. 2. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CMMUS City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 4. Name and Address of Owner Document Control Page 25 of 124 BIDDER: ONYX PAVING COMPANY, INC. Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF - 11 City of Rosemead, Bid Package, Various Residenlial Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 26 of 124 BIDDER: ONYX PAVING COMPANY, INC. SECTION 3 NON -COLLUSION AFFIDA HT CBF -12 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 27 of 124 BIDDER: ONYX PAVING COMPANY, INC. NON -COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. rgnature COREY R. KIRSCHNER Typed or Printed Name CEO, PRES, VP, SEC, TREA Title ONYX PAVING COMPANY, INC. Bidder Subscribed and sworn before me This day of , 20 Notary Public in and for the State of California My Commission Expires: CBF - 13 (Seal) CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 x❑ See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) X X X X X Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE AGHLIE KArdCI-Ikl D If COMM.IP2279550 M a• :-lii.SC;, Notary Public -California ORANGE COUNTY My Comm lExpiroos lo, 3, 2023 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 8 day of MARCH , 20 22 , by Date Month Year (A (and (2) ) Name() of Signer( ) proved to me on the basis of satisfactory evidence to be the person(s) who appeared /before ^�me. Signature nature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Document Date: 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 REFERENCES PROJECT NAME: PAVING THE WAY -PHASE 3 PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: 2020 - 2021 CONSULTING COMPANY: CITY OF MONTEBELLO -1600 W. BEVERLY BLVD, MONTEBELLO, CA 90640 CONTACT PERSON: JAMES ENRIQUEZ 323-887.1462 ORIGINAL CONTRACT AMOUNT: $1,929,000 FINAL CONTRACT AMOUNT: $3,149,848.10 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: ADDITIONAL SCOPES OF WORK DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: PAVEMENT REPAIR PROJECT PROJECT DESCRIPTION: PAVEMENT REPAIR APPROXIMATE CONSTRUCTION DATES: JAN 2020 AGENCY: CITY OF CLAREMONT - 207 HARVARD AVE, CLAREMONT, CA 91711 CONTACT PERSON: ENRIQUE VILLALOBOS 909.399-5479 ORIGINAL CONTRACT AMOUNT: $105,000 FINAL CONTRACT AMOUNT: $120,727.40 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: FIELD QUANTITIES DIFFERED FROM BID SCHEDULE QUANTITIES, DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME; 2019.2620 PAVEMENT REHABILITATION PROJECT DESCRIPTION: VARIOUS PAVEMENT REHABILITATION APPROXIMATE CONSTRUCTION DATES: MAY 2020 - SEPTEMBER 2020 AGENCY: CITY OF ARCADIA - 240 W, HUNTINGTON DR, ARCADIA, CA 91007 CONTACT PERSON: JAN BALANAY 626-254.2726 ORIGINAL CONTRACT AMOUNT: $2;12$,000 FINAL CONTRACT AMOUNT: $1,980,917.60 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: AGENCY HAD ADDITIONAL SCOPES IN ORIGINAL BID TO COVER FOR EXTRA WORK, DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 -TEL (714) 6326699 - FAX (714) 632.1883 ok PROJECT NAME: DESERT VIEW AVENUE PROJECT PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: 2019 AGENCY: CITY OF DESERT HOT SPRINGS --11999 PALM DRIVE, DESERT HOT SPRINGS, CA 92240 CONTACT PERSON: DANIEL PORRAS 760-329-6411 ORIGINAL CONTRACTAMOUNT: $741,330.98 FINAL CONTRACT AMOUNT: $741,330.98 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: N/A DID THE AGENCY FILE ANY CLAIMS AGAINSTYOU? NO PROJECT NAME: TWEEDY LANE STREET IMPROVEMENT PROJECT PROJECT DESCRIPTION: STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: JULY 2020 -AUG 2020 AGENCY: CltY OF DOWNEY --11111 BROOKSHIRE AVE, DOWNEY, CA 90241 CONTACT PERSON; DESI GUTIERREZ 562-622-3468 ORIGINAL CONTRACT AMOUNT; $308,000 FINAL CONTRACT AMOUNT: $308,000 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT,.PLEASE EXPLAIN: N/A DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: CHICAGO AVE RECONSTRUCTION PROJECT PROJECT DESCRIPTION: STREET REHABIILITATION AND RECONSTRUCTION APPROXIMATE CONSTRUCTION DATES: AUG 2020 - OCT 2020 AGENCY: RIVERSIDE COUNTY TRANSPORTATION DEPARTMENT -352514TH STREET, RIVERSIDE, CA 92507 CONTACT PERSON: MEHRAN SANATI 9$1.255-2762 ORIGINAL CONTRACT AMOUNT: $1,424,000 FINAL CONTRACT AMOUNT: $1,445,396 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: ADD'L SCOPES OF WORK BY AGENCY DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC, 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (714) 632-6699 - FAX (714) 632-1883 0 PROJECT NAME: 2018/19 ARTERIAL AND MINOR STREETS MAINTENANCE PHASE 1&2 PROJECT DESCRIPTION: CITYWIDE STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: AUG 2020 -- MARCH 2021 AGENCY: CITY OF RIVERSIDE -- 3900 MAIN ST, RIVERSIDE, CA 92501 CONTACT PERSON: STEVEN HOWARD. 951-826-5311 ORIGINAL CONTRACT AMOUNT:55,050,000 FINAL CONTRACT AMOUNT: N/A IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: IN PROGRESS DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: FY 18-19 RESIDENTIAL STREET REHABILITATION PROJECT DESCRIPTION: VARIOUS STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES; 07/18/2019 -12/11/2019 AGENCY: CITY OF PLACENTIA -40.1 E. CHAPMAN AVE, PLACENTIA, CA 92870 CONTACT PERSOM MASOUD SEPAHI 714-920-7604 ORIGINAL CONTRACT AMOUNT: $606,000 FINAL CONTRACT AMOUNT: $616,241.42 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: C/O DUE TO EXISTING FIELD CONDITIONS, DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (714) 632.6699 -- FAX (714) 632.1883 LARGE PROJECT REFERENCES PROJECT NAME: RESIDENTIAL STREET IMPROVEMENT PROJECT PROJECT DESCRIPTION: STREET IMPROVEMENTS APPROXIMATE CONSTRUCTION DATES: SEPT 2020 - NOV 2020 CONSULTING COMPANY; CITY OF ANAHEIM - 200 S. ANAHEIM BLVD, ANAHEIM, CA 92805 CONTACT PERSON: KAL LAMBAZ 714-765-6935 ORIGINAL CONTRACTAMOUNT: $1,711,000 FINAL CONTRACT AMOUNT: $1,733,320 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN;.0/O DUE TO ADDITIONAL SCOPES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME: PAVEMENT REHABILITATION FOR VARIOUS LOCAL STREETS - COBG FISCAL YEAR 19/20 PROJECT DESCRIPTION: CITYWIDE PAVEMENT REHABILITATION APPROXIMATE CONSTRUCTION DATES: JAN 2020 - MARCH 2020 CONSULTING COMPANY: CITY OF MORENO VALLEY CONTACT PERSON: QUANG NGUYEN 951-413-3159 ORIGINAL CONTRACT AMOUNT: $1,576,000 FINAL CONTRACT AMOUNT: $1,445,035.72 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN: REDUCTION IN QUANTITIES DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO PROJECT NAME; FY 2017-18 RESIDENTIAL STREETS REHABILITATION PROJECT PROJECT DESCRIPTION-. CITYWIDE STREET REHABILITATION APPROXIMATE CONSTRUCTION DATES: MARCH 2020 -JUNE 2020 AGENCY: CITY OF WEST COVINA-1444 W. GARVEY AVE S., WEST COVINA, CA 91790 CONTACT PERSON: OKAN DEMIRCI OKAN.DEMIRCI@TRANSTECH.ORG ORIGINAL CONTRACT AMOUNT: $1,009,000 FINAL CONTRACT AMOUNT; $1,360,000 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL AMOUNT, PLEASE EXPLAIN; SCOPES OF WORK CHANGED BY AGENCY DID THE AGENCY FILE ANY CLAIMS AGAINST YOU? NO ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (714) 632.6699 - FAX (714) 632.1883 REFERENCES GENERAL CONTRACTORS:. JOBS PERFORMED: LOCATION: AMOUNT: Fullmer Construction Centerpointe Moreno Valley $3,187,914.00 1725 S. Grove Ave. Sycamore Bus. Park Riverside $999,708.00 Ontario, CA 91761 HIIlwood Hofer Ranch Ontario $603,600.00 Ph: 909-947.9467 Interchange A•E San Bernardino $1,288,615.00 Fax: 909-947-2970 San Michelle Logistics Moreno Valley $670,674.00 Contact: Casey Jones Terra Francesco Ontario $524,216,00 KCS West, Inc. BP Refinery Maintenance Shop Carson $896,357.00 901 Corporate Ctr, Dr, V fir Monterey Park, CA 9174 Ph: 323-269.0020 Fx:. 323,263.4576 Contact: Matthew Vawter GMC Engineering, Inc. Edison Romoland $1,623,480.00 1401 Warner Ave Tustin, CA 92780 Ph: 760-744.133 Fx: 714:247.1041 Contact: Gennady Lusardi.Construction FEDEX-Otay Mesa San Diego $1,335,530.00 1570 Linda Vista Dr. Team Nissan Oxnard $669,075.00 San Marcos, CA 92064 Edge at Campus EI Segundo $541,385.00 Ph: 760-740133 Carmax Oxnard $606,443.00 Fax: 760-744.9064 Seabridge Oxnard $329,460.00 Contact Scott Staley ONYX PAVING COMPANY, INC. 2.890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (714) 632.6699 - FAX (714) 632.1883 Haagen Company, LLC 12302 Exposition Blvd Los Angeles, CA 90064 Ph: 310820.1200 Fx: 310820-1225 Contact: Chris Fahey ARCO National Construction Co, 900 N, Rock Hill Rd St. Louis, MO 6311.9 Ph: 314-963-0715 Fx: 314-963-7114 Contact: Chris Wilson Grant General Contractors 5051 Avenida Encinas Carlsbad, CA 92008 Ph; 760-438.7500 Fx: 760.438-3056 Contact: Pete Burrows Empire Polo Club Indio $1,036,745.00 Scannell FEDEX Burbank $1,125,958.00 Whittier Area Community Whittier $625,920.00 Church Creviee BMW Santa Ana $30,600.00 ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806- TEL (714) 632-6699 - FAX (714) 632-1883 ASPHALT RUBBER HOT MIX REFERENCES: GENERAL CONTRACTORS: JOBS PERFORMED: LOCATION., AMOUNT: GMC ENGINEERING, INC. 1401 Warner Ave, Ste B. Tustin, CA 92780 Ph: 714-247-1040 Fx. 714-247-1041 Contact: Gennady Chizik R.D OLSON CONSTRUCITON, INC, 2955 Main Street, 31 Floor Irvine, CA 92614 Ph:- 949-474-2001 Fx: 949-474-1534 Contact: Jeremy Dunn Katella Ave. St. Improv Various Projects Lido House Hotel Los Alamitos Newport Beach $120,000.00 $193,105.00 IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT COREY KIRSCHNER AT 714.632-6699 OR VIA EMAIL AT COREY@ONYXPAVI NG. NEi ONYX PAVING COMPANY, INC, 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (71.4) 632-6699 - FAX (714) 632-1883 ONYX PAVING COMPANY, INC 2890 E. LA CRESTA AVE ANAHEIM, CA 92806 PHONE: (714) 632-0699 FAX: (714) 632-1883 PRESIDENT: COREY R. KIRSCHNER BANK: BANK OF THE WEST CREDIT REFERENCES DATE ESTABLISHED 1/4/90 CORP. TAX ID. 4 33.0394344 TYPE OF WORK - ASPHALT PAVING CONTRACTORS LIC, ti 630360-A INSURANCE AGENT: WOOD GUTMANN & BOGART 14029 SPRINGWATER LN, EASTVALE, CA 92880 4501 E. LA PALMA AVENUE, ANAHEIM, CA 92807 PHONE: (714) 777-9620 BRYAN PLOESSEL 15901 RED HILL AVE., STE, 100, TUSTIN, CA 92780 PHONE: (714) 824-8384 MICHAEL TRAN SURETY AGENT: TURNER SURETY AND INSURANCE BROKERAGE, INC. 5 HUTTON CENTRE, STE, 730, SANTA ANA, CA 92707 PHONE: (714) 915-4032 JEREMY PENDERGAST CREDIT REFERENCES: MATICH CORP. P.O. BOX 10, HIGHLAND, CA 92346 (909) 382-7400 Steve Matich ALL AMERICAN P.O. BOX 2229, CORONA, CA 92878 (951) 736.7600 Carl KELTERITE CORP. 12231 PANGBORN AVE.DOWNEY, CA (562) 401-0011 Gladys VULCAN MATERIALS CO. 16013 E. FOOTHILL BLVD, IRWINDALE, CA 91702 (858) 530-9414 Debbie GENERAL CONTRACTOR REFERENCES: FULLMER.CONSTRUCTION 1725 S. GROVE AVE., ONTARIO, CA 91761 (909) 947-9467 Casey lanes BYROM-DAVEY, INC. 13220 EVENING CREEK DR. SOUTH 9103, SAN DIEGO (858) 513.7199 Steve Davey PACIFIC CONST, GROUP 17895 SKY PARK CIR., IRVINE, CA 92614 (949) 748-1500 Mark Bundy ERICKSON-HALL CONST, CO. 500 CORPORATE DR., ESCONDIDO, CA 92069 (760) 796-7700 Justin Sinnott ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 — TEL (714) 632-6699 — FAX (714) 632-1883 r� RESUME Corey Kirschner has over 20 years of experience both as an estimator and CEO. Corey Is an experienced estimator and lead a majority of those years being the Chief Estimator before becoming CEO and President of Onyx Paving Company, Inc. Over the short period of time here at Onyx Paving, Corey has completed over 3,000 paving projects, allowing the company to gross over $50 million dollars In the previous year, Jay Kirschner, Senior Project Manager, holds a Bachelor's Degree from Chapman University and has 7 years of experience upholding the maintenance supervisor and lead estimator position forOnyx Paving. He leads ourteam,.with the project managers under his direct supervision, In managing our productions and coordinating our field mobilizations for all projects. Tyler Henry, Field Superintendent, serves as the core of all field related matters. He has over 20 years of paving experience performing jobs that stretches from San Diego County to Ventura County. Tyler has been with Onyx In completing all of our Public Works projects. Overseeing the on-site laborers, cement masons, and operating engineers Is one of his many responsibilities. BACKLOG ALLOCATION: Corey Kirschner, Jay Kirschner, and Tyler Henry oversee 100% of all current project In attached backlog. ONYX PAVING COMPANY, INC. 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 — TEL (714) 632-6699 — FAX (714) 632-1883 0 Key Individual Responsibilities: Corey Kirschner Manage overall operations and resources of company Decision maker of corporation !ay Kirschner Lead project management team with organization - overseeing overall project scheduling, budgeting, and dispatching on all projects Main point of communications between company and agencies Tyler Henry Lead and manage on-site labors and operators Coordinate daily operations and project production - Ensuring project quality expectations are met ONYX PAVING COMPANY, INC, 2890 EAST LA CRESTA AVE, ANAHEIM, CA 92806 - TEL (714) 632-6699 - FAX (714) 632-1883 CONTRACTORS [�CC� STATE LICENSE BOARD ■.����° ACTIVE LICENSE °..NW..°.630360 EM. CORP „,..N�.. ONYX PAVING COMPANY INC �.�.T. A C12 �i 'IDI�J�ILO23 WVWi .cslb_ca. OV ug e°o..venoy. I ONYX PAVING COMPANY, INC, We= # 630360 w DIR 41000004798 UN'AWHOUS WRITTEN CONSENT OF TfM BOARD OF DIRECTORS OF ONYX PAVING COMPANY, INC, (s California corporation) October 28, 2020 The undersigned director, constituting the entire board ofdireotors (the "Board") of Onyx Paving Company, Inc., a California corporation (the "Corporndon"), hereby takes the following actions, adopts the following resolutions, and transacts the following business, by v,,' tten consent without a meoting, as of the date above written, pttrsusnt t0 Section 307(b) of the General Corporatioa Law of the State of California and the Corporation's Bylaws: AunrovdodLOORDAIR action WHEREAS, Corey Kirschner is cwTendy the Corporafion's Chief Sxeoutive Officer, and Chief Financial Officer (the"Off eer") with authority to enter into oontraots on behalf of the Corporation. WHEREAS, the Corpoxation opportunities from time to time to bid on yarlous governnrnentel and non-governmental projects; NM REAS' after careful consideration, the Board has determined that the tenns and conditions of the proposed project in the form of the bid attached hereto as Mbit A (the "Pro}ea1) are just and equitable and Fair as to the Cozporatlon and that it is iu the best interests of the Corporation and its stockholder to submit the bid and complete the Rojeot sabject to .the textus agreed upon by the parties, NOW, THEREFORE, RE it RESOLVED, the Board on behtgof the Corporatlon hereby approves and ratifies the Project in all respeots, and hereby authorize. and direct the Corporation to negot(ate, execute,. deliver and perform the temps ofd doo=oats, required in connection with the Project, together with such changes thereto as may be approved by the officer executing.tho sal ne an behalf of the Corporation(Pursuant tothe autbdrizationprovided herein), such approval of the Oi icer to be conclusively evidended by Its exocudon and delivery of same. RESOLVED )l MTHER, that the Officer may execute 'and deliver any and all agreaments and any and all other documents and instrtunonts, and tame saoh further actions as may be necessary or appropriate, for the fmauotug of the Corporation, RESOLVTD FURTIMR, that the Officer is hereby authorized, directed, and empowered to execute and deliver any and all agreements and any and all other documents and instrMonts, and too such further actions as may be necessary or appropriate, for the consummation of the Project, 2890 East La Cresta Ave, Anaheim, CA 92806 -PH: (714) 63x•6699 -FX (714) 632.1883 RESOLVED IURTNFR, that the Officer, iu, the name of & Corporadon, Is hereby authorized, directed, ad evn owered to negotiate, excouto and deliver to thOppilcAble counter- party, appy and all dooumoAts with respect to the project and other 6tru efts as may be reasonably requmted, and thq Officer on behalf of the CorporadoA la authorized frOm tune to time to oxeoutexdk 0418 ox Wousions or other ids ants as may beneWsaty. REa"OVED la'=710 R, that the authority given hereunder shall be deemed retroactive and any and all acts authorized hereunder perforated prior to the passage of this resolution fire hereby ratMed and aff rived. The Secretary of the Corporation is directed to file the original orecutad copy of this Consent with the mduates of proceedings of the Cotpoi ation. [Signature page follows] ONYX PA.YINO COMA n INC. Lions #630360 -DIIt# 1000009798 IN WITNB83 WHEREOF, the undersigned Has wonted this Uuaaimom Written Comemt of the Board di Dirictors as of the date fust above written Gorey Kirschner Request for Taxpayer Give Form to the Identlffoatlan Number and Certification requester, Do not send to the IRB. ► too to wvlw rte govlrormws, for liwtuotlona and the loteottnlormlit", I ohmk appropriate box for federal tax olawifloelka of the person whose name to entered on Ane 1. OW onytno of to a tlrempnoneieoaee ep iy only 19 folbaipgeevenboxea, ootarpe@tdel,nolkid urlo;eeo lnewouaas oapagea): redmdudhdoproprletmor OCorpon"on © 80orporadon ❑ Pamorohip p fivayealela depts meMMt LIA pernptpayeo rodepf adj- EjUmltednawlityeonpeny,Wei the toxownpaAon(0-0earporstion,a-$Corporation, P-PerinenfdP)► -� Hotel OWN the approprfelabox Inthe one agovofor the loxoleaetAoetbnatthe eGrplamemberaxnar.Bonotobnk promplbnfromFATOAroPOM9 LLCltaloLLolfat%SoYledaaestaple•mambsrUClhatledmrogadedrromtheownarunleaalhaorynoroAh!rL�l�r �.lif-1 name fora Nfrmber o rive the A Inmore to guldoint ems on whose ace Me namherto UDABfor line 1, Alan $ee What Nama end 1.7h& number shoWn on We town Is MY correct texpaywW#nUf>oallon number (ori em wafting for a nunbertoI*Issued to MO); and 2.1 am not'eub sot to bepkuppwhhholdlnq boaquoe; fa)i un expmgt Uam baokup wfthholding, otib)l hovanot betn notfled byy the lnternat Ravenw "MOO pR that 1 >tm eubleot to backup withhot frigu o resu of a felltoe to report all Mterest ordtvkknde, ar(o) the IR9 hoe notified mo shpt t am no longer le Otto backup wlthhold(np;and 0,1 em a U.9. dtfun or other U.S. person (defined bolo%): and 4.11ha FATOAcode(s) entered on this farm pfanh Indloaling that am exempttrom FATCAreporiNgls correct. o.rtTAoalloninetruotlane, You must omea out item 2 aboveNyou have been notified by the IRS that you are arrendyoobleot to backup wi�dtolding because you have felled W rsbOil all knoreat end dIv Ads on your lox roW. IN rdsl aelats kamaotions, Item t dose Aotepply.Formortgaea Interest paid, aogttelHonaeban onmentolaeourodpr dy,oencatlgtbnoydebt, contributions toanindividual rettsmasterlaeement(A{a,andgene,payor olharthen interest epddkidande,you e n requkedtaslenlhscedlp0alion,but yeumustPrWdayarxoarootT1 , Ila the kmorublionsror artU,letar: en F 8laneture;ot General Instruotlth"s Deolltin references orb to the internal Revenue Coda unlee9 otherwise noted. rolateed twe ooForrmm W 9 and ke Insthe ruo�tions, such asIsnformation about gglWallon eneoted� after May Were published, go to twwv.tra.govlF 1MC Purpose of Form An Individual or enity form W -v raquseter) who le required to fib an informatlonfehlm orilhthelR$ must obtain youtoorreottaxpayor Iden On number (ttly)wh chmaybeyoursocialaoWlynumber (98th}trl'd of taxpayerldentification number f n1j, adoption taxpeyerldongWaoon number (AYI p, or ernpfoyarldiAlgOUon number (eiN) to report on eh inlofmadon return the amount poll to you, or other amount r# able on an Information return, F-xaniples o(Informstfon (slumslncNde, but are not limltadto. the following. a Form 1099.1kr pntenst earned or pold) aFor) IDoe-DIV (ctvidaede,Inaludlrgthose from etooksormutual a Form jogs-MIso jverloue types of income, prizes, esorda, Or Ofase pr000edo a Fonn 1090.8 (stools or mutual fund aeras and conn Other troneaotlam'by broken) a Form 1099-9 (prccsoda torn rad e9111e transeallons) o Form tf19.h•K (merchant oardandtblyd pang network transactions) a Form1099( omemodprgetnte�t),1098 9 (sludenttoanlntervat), 11091-T¢ul0onI a FA 1699.0 (carolled debt) a Form toere-A (egquieitionor ebandolmeni of secured property) Use Form W-9 onjrlf you are aU.9, person ((ooludklo a resident alien), to provide yburoonsol TIN. leyou do not retain FOM W9 tofhorequestel'V110177N.,YOU miglft be subject to b g0kirp WAfr OO;V, $to What Is backup withholding. Ister. r OeLNo, MTX Form - ptw.i0,te1B) ACORD 25 (2014101) The ACORD flame and logo are raglaterad marks Cf.ACDRD I 1 State of California Secretary of State Statement of Information GQ.TQ477 (Pomevtlo Stock and Agriculture! Cooperative Corporations) FEES (FIIIng and Dieolosure)T $26,00. FILED If ihls Is an amendment, see instructions, IMPORTANT— READ INSTRUOTIONS BEFORE COMPLSTING 7WI8 FORM. In the office of the 8voratsry of state 1. CORPORA7'19NAM6 — ofthe State of Cellf0mle ONYX PAVING COMPANY, INC. QCT -019018 2. IIALIFOMIA CORPORATENUMBER • , C16B9076 1Ne Sface,rorFllnp Uw Onry No chonsisl4toment of a ucvbre if abiet address of record Is a M Box address. Sop 140010me ; a. R there hive been aryo angee to the fn ormflllon con a ned n The last 3 stq*g0t of iR, om on edwith the Gallror a eoretery of 8lats,cr no elatemgnl otinronnellon has been previously flied, this forth must hetopostod In ttv entirety. If Ihoro hale bean no change 4i any of the informalioh r�ntatned In the last Sfetvmenl orinhxmellon filed the CalUomh seaet 1 of 8tete, check the boxanalproceed to Item 17. Co to Adore son far the F61lowin 0a not abbreviate the name of the d . Mama 4 end S.MWI be P, Boxes. . A. STAIIETADDRE0BOPPRIN4 4E ,�. IVEOFFIDE CITY STATE ZIP CODE 2850E. LA,CRESTAAVj ANAHEIM CA MOB e. BTAB@TAODR fl80FPRNalpACeu31t1F:066PFI0RINCALIFORNIA, IFANY (FiiY �TJ�iE xIPCODI? 2 E, tACOS A;4V13.,A1 - MP OK02808 _ e. MAIUNOADDRIgsOFOgRPORATI0N,IFDIFFIRENT7HANIT8414 CiTY STATE lip CODE No' it 'ar11din Leto A��dfaaseae o the. F6110WR Cfflders (Th§ a orptirefbn must Pdlthesolhree o111cam A eahponible b"Ile rin"*O,� ohicerm be add howover Ole Pfeprinted tldea� on this rm mull not be slleled. 7. CHIP6xE0ffrN80FPIGERI ADDRP.a;9" 011Y MAIN 0P CODE COREY KIRSCHNER 28AOE.LAG`REBIAAVE. ANAHEIM CA 92806 e.8ETARY iwortlE9e -CITY STATE ZIP COM COREY KIRSCHNER 28901:. lA CRESTAAVF-, ANAHEIM, CA92806 e, CHIEFFINANCU1lOPFlCEA/ ADDRESS A" 9FAYI ZIP COD® COREY I(IflOP JEN 2@BOE. LA CRESTAAVE., ANAHslkt CA92808 Namee'and Comp�lete drosses of All 171Peotote, Includlhg•Dlreotors Who oral Alio Otflcere yme corporstloti must have at leaetone dfro or. ANach eeftnel pagp Hnece9ala . +a, Qtg4tE ADDRESS iQI1Y STATE ZI 0009 OAR RSCHNER 2880 E. LA CF(98TA AVE, NAH>~IM CA 92800' Ii, NAME ADDRESS :CITE' STATE ZIP CODE i2 Mr. ADDRESS CITY STATE 71PCCDR 19, VM PER OF VACANQISSONTXI!Ij DOR DlRE0TOR81MANY: .fivot for Sory os el Pradese If the agent Is an lndYiduah the agent mUstrealde fq Callfertdo and Item i6must b9 completed vdth a California atreet a , ress, a PA. $ox addrdio is net acceptable, If the vgam N another corpomtlon, the agent must hsve on fda W th the Callfomte secretary of Slate a .cetUAoets Ixauantto CelNomia reU a Code seotten i6os end Item 13 mus! be left blank 19, NAM%OFAGENTFOR SERVICEOfPROM0 COREY NRSQHNB R 18, STRESIADDFfleeOFAOONTFOR SERVIC4oPPROCE981NCALIFORMA,IFANINDIVIDUAL CITY STATe ZIP CODE 2890 I- LA CRESTAAM, ARAN91 M, CA 02808 0 o elnoai p �+ &Itl 116,eDE 0 T�AV�NQ6E DESBQPTHECORPORAnoN v. 8Y aunmiT-nNO THIS aTATPMENT OP INPORMAT1oN TO THB CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINID HEROIN; INCLVDINO%INY ATTACHMENTS, I8 TRUEAHD CORREOT. 1010112018 APSHIN HAKIM ATTORNBY State of Callf0wila . Secretary of State Statement of information GB88167 (ttomeattc Stock andAgrloultural Cooperative Corporatlone) FILED FEW (Fllin g and 014101osuro); $28,00. If thl® Is an atT►enornent, see Instructlonte. IMPORTANT - READ INIT13U2LIONSBE ORE COMPUTING THIS FORM inthaof poofthoSecretary ofState t. CORPORATE NAM@ of the State of CaUfornla ONYX PAVING COMPANY, INC. JANO 2020 2. CALIFORNIA 46RPORATE NUM13IR 0105SOT8 this Spee faFttne Uae Only No C e Statement (Nola llcslele' a ent addm9s of r000rd Is a P.O. Boxaddrsas. Sed haruc ors. ' e, er's have been bw chsngea t_ o nforma on conte oad In a as tement M tmation le a orn a earn ry of State, br no atatorpont of )n forT,n4tlon hqe beep prevlollsly filed, tjllebun must be completed In Its sntlrety. © If Iberia h!b beeh no c iti en any of the fnformalfon odntalned in the fast Statement of Informallon Illedwlth M6 Callforda5ecrslwy ofStta, eh0ok th9 box 4Ad proceed to Itrtm 11r. Complete AddrnaAa or 9 .Dllo n ao not, abbreulate the name of the d . Items 4 end 5 coanotbe P.O. Boxes. 4. STHMADDRMOPPRINCIPALEXECtrr111E0FFICI CITY STATE ZIPo04I b. BTAEBTADDRE880PPRINCIPAL etJ81NE88OFFICE INCALIPORNIA IFANY CITr STATE Zip CODE a ral41LINCIADDRE86OFCORPORAtI N, FOIFP I NTTkANrfl m4 CITt S76TE ZIP 0000 T.irownOffices/ ADDRESS d"V. STATE' ZIP CODE RY %1ODRE8S CITY ¢TALI;' XIPCtlDL° ANCIALOMORN ADDA866 AITY SmTIi ZIPCOoa Compplets Addreesba of All Dlreatore, Inclu Ing D ceptors eddltlonel as If naeaasa . . ho are Also gfflcers (The corp6radon must heue at ledst dne ' 10, X" ADDRESS ,�'Irr STATE ZIP CODE ii. N" ADDRESS CItY 6TATa ZIP CODE 12 Not ADDRESS GtiY STATE 7JPC009 a 4e. must fields In Callfomra End Item td m orpwatlon, the agent mill bove m f% SeRM011 Of PROOM IN CALIFORNIA, IP AN INCIVIDUAL Ilh a 09111omIa street Secretary of State a 17. sY SUDMITTINO TWO $TATIMINT OF INFORMATION TO THE CALIFORNIA SECRETARY OF. STATS THA CORPORATION 0611TIFI80 THE IKFQJ14IA71014 CONTAINED HEREIN, INCLUDINOANY ATTAORIVIEWS,10 TRUEAND CORRIOT. 01/00020 ANA BARBRA RAYPON . OFFICE MANAOERMONTROLI.ER Attachment D Project Bid Package City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 CITY OF ROSEMEAD CALIFORNIA Document Control Page 1 of 124 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 FISCAL YEAR 2021-2022 IN THE CITY OF ROSEMEAD PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION 8838 E. VALLEY BOULEVARD ROSEMEAD, CA 91770 TELEPHONE: (626) 569-2150 FAX: (626) 307-9218 BIDS DUE: WEDNESDAY, MARCH 9, 2022 AT 10:30 AM City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 CITY OF ROSEMEAD VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 TABLE OF CONTENTS BIDDING DOCUMENTS Document Control Page 2 of 124 1. Notice Inviting Bids............................................................NIB-1 - NIB -2 2. Instructions to Bidders..............................................................ITB-1 - ITB -9 3. Contract Bid Forms............................................................CBF-1 - CBF -13 CONTRACT AGREEMENT 1. Contract Agreement and Insurance Requirements 2. Performance Bond 3. Payment Bond • ► 9" ►11 Part "A" General Provisions.........................................GP-1 — GP -34 Part "B" Supplemental General Conditions ......................GC -1 — GC -10 Part "C" Technical Provisions......................................TP-1 — TP -14 Part "D" Appendix Appendix A - Project Plans City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 3 of 124 CITY OF ROSEMEAD NOTICE INVITING BIDS NIB No. 2022-05 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive sealed bids up to 10:30 o'clock a.m. on Wednesday, March 9, 2022 and bids will be publicly opened via Zoom 30 minutes after bid deadline for VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 Public Bid Opening Zoom Meeting Link: https://us02web.zoom.us/i/83009117071?pwd=ZEJmZU1 PN29HZktWcros2SVBNdktxZz09 Meeting ID: 830 0911 7071 Passcode: 842718 Dial: (669) 900 9128 The project consists of asphalt concrete coldmill and overlay, localized full depth asphalt concrete replacement at various locations (pothole repairs), traffic loops restoration, markings and striping at various locations Citywide as indicated on the construction plans., including other incidental and appurtenant work necessary for the proper completion of the project. The engineer's estimate for this project is $900,000. The successful bidder shall have FORTY (40) working days to complete the work. Liquidated damages shall be $500.00 per calendar day. Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained as follows: 1. Please e-mail your request with your contact information to: okan.demirci@transtech.org. Upon receipt of your e-mail, you will be registered as a plan holder, and a pdf file of the Bidding and Contract Documents, Plans and Specifications will be e-mailed to you at no cost. 2. Hard copies will not be mailed. SB 854 Requirements: This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a print-out from the DIR registration website showing that the prime contractor and each subcontractor is currently registered and qualified. No bid proposals will be accepted, nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)] Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. NIB- 1 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 4 of 124 No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date. The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "A" license in good standing at the time Bids are received. The Council reserves the right to re'ec7 t any and all bids and to waive any in ormaliU, technical defect, or minor irregularity in any bid submitted. An award of service shall not be final until the bids have been reviewed and a Contract Agreement with the City has been signed by the lowest responsible bidder and by the City. Award of Contract Agreement is proposed for March 22nd, 2022. Dated this February 24, 2022. ter_ Ericka Hernandez City Clerk Publish: February 24th & March 3rd, 2022. NIB- 2 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 CITY OF ROSEMEAD Document Control Page 5 of 124 VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 INSTRUCTION TO BIDDERS City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 6 of 124 INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. 1. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the Notice Inviting Bids. The Owner may also make the Bid Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Bid Documents at a plan room must contact the Owner to purchase the required Bid Documents if they decide to submit a bid for the Project. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via email or facsimile to the Owner's Proj ect Engineer. Any response that the Owner may choose to make for purposes of interpretation or clarification, will be in writing and made available to all the listed holders of the Bid Documents. The Owner will respond to all written/faxed/email Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification ofthe Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract C. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Technical Provisions ITB - 1 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 7 of 124 Part "D" - Appendix f. Any Addenda Issued by the Owner 4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Development Services Department to verify that he has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. 7. ALTERNATE BIDS If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on the basis of the base bid only, but the Owner may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. Since the time for the alternate bid items has already been factored into the Contract Time, no additional Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one or more particular bid items. ITB - 2 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 8 of 124 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in accordance with the instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. 9. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venture or partner appointing and designating one of the joint ventures or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venture or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venture or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venture or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venture or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form furnished by the Owner, or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. ITB - 3 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 9 of 124 After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all Bidders their Bid guarantees 11. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents herein have been completed and signed as set forth above, they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials required by these instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the following in the lower left-hand corner thereof: Bid of (Insert Name of the CompM) for VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 No consideration shall be given by the Owner to bid proposals received after the date and time set for the opening of bids as provided in the Notice Inviting Bids. 12. DELIVERY AND OPENING OF BIDS Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date and time shown therein. The Owner will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated. Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. 13. WITHDRAWAL OF BID Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the Owner; the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner because of the damage resulting from the delay in the execution of the Contract and in the performance of Work thereunder. 14. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City Council will make all necessary decisions and awards. The apparent successful bidder should at this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the required documents and certifications. Regardless whether the successful bidder supplies the required documents and certifications in a timely manner, the Contract Time will begin to run ten (10) Working Days 111:x! City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 10 of 124 from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and executed documents and certifications from the successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder. 15. DESIGNATION OF SUBCONTRACTORS Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the prime Bidder in an amount that exceeds one-half of one percent (0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, as well as any others requested by the Owner, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty- four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING AND REGISTRATION REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Pursuant to Section 1725.5 of the Labor Code, all bidders must be registered with the Department of Industrial Relations to be qualified to bid on this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted and be registered with the Department of Industrial Relations. Pursuant to Section 7028.5 ofthe Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do business in California, and satisfactory to the Owner. 19. REQUIRED BIDDER CERTIFICATIONS Bidders must comply with the following: A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to various information, including but not limited to, the accuracy of the representations made in the Contract Bid Forms. B. NON -COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each Bidder must execute and submit with its bid the statutorily mandated non -collusion affidavit included in the ITB -5 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 11 of 124 Bid Documents. 20. BASIS OF AWARD; BALANCED BIDS The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid which, in its opinion when compared to other bids received or to the Owner's internal estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject as non-responsive any bid which unevenly weights or allocates overhead and profit to one or more particular bid items. 21. FILING OF BID PROTESTS Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) Working Days after the bid opening date. B. Clearly identify the specific accusation involved. C. Clearly identify the specific Owner Staff/Board recommendation being protested. D. Specify, in detail, the grounds of the protest and the facts supporting the protest. E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one of these requirements, it will be rejected as invalid. If the protest is valid, the Owner's Project Manager, or other designated Owner staff member, shall review the basis of the protest and all relevant information. The Project Manager will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the Project Manager to the City Engineer then the appeal at the City Council. That way, the Council can deny the protest and approve the project at the same hearing. 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price. Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 12 of 124 whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid Forms. 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Bid Documents. 25. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds, in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications to perform the work described in these Bid Documents. The Owner reserves the right to: A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications, without exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner/joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% ofthe Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non -Collusion Affidavit; and D. Completed and properly executed Bidder Information Forms. ITB -7 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 13 of 124 If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary. 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS A. Contract Bid Forms. The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda - Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. B. List of Proposed Subcontractors (Forms). State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one-half of one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent (0.5%) of the Total Bid Price. (2) Location. For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type/portion of work to be performed in the Contract. (4) Contractor License Number. For listed Subcontractors, list the contractor license City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 14 of 124 number issued to the Subcontractor by the California Contractors State License Board. (5) Registration with Department of Industrial Relations. For listed Subcontractors, include evidence of registration with the Department of Industrial Relations as required by Section 1725.5 of the Labor Code. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of the Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDERS City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 BIDDER: CITY OF ROSEMEAD Document Control Page 15 of 124 VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 BIDDER: BID SCHEDULE Document Control Page 16 of 124 SCHEDULE OF PRICES FOR VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST Cold -mill 2" existing asphalt concrete and construct 2" AC Type 1 C2 -PG 64-10, adjust MH frame and SF 473,000 $ $ cover, water valve cover and gas valve cover to grade. Work includes crack sealing. Full Depth Localized Asphalt Concrete Patch. Work includes remove existing AC pavement 2 section to 10" depth. Construct 4" SF 10 000 $ $ AC Type C2 -PG 64-10 over 6" ' Crushed Aggregate Base (CAB) over 8" scarified and compacted subgrade. Remove existing pavement markings and striping including 3 raised pavements markers and LS 1 $ $ install pavement markings & striping including raised pavement markers. Remove and reinstall traffic signal 4 loops to match existing. EA 2 $ $ Furnish and Install Construction 5 Project Information and Funding EA 1 $ $ Identification Sign SB 1 TOTAL BID AMOUNT IN NUMBERS $ TOTAL BID AMOUNT IN WORDS: CBF -2 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 BIDDER: Document Control Page 17 of 124 The award of Contract shall be based on the TOTAL BID AMOUNT. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures. A. Mobilization / Demobilization Full compensation for the items listed to the B. Traffic Control right as Items A, B, C, D and E are considered C. NPDES, WWECP, and Best Management as inclusive in each Bid Item listed above in the Practices (BMPs), Public Convenience and Base Bid Schedule as applicable, and no Safety additional and/or separate compensation will be D. Construction Staking by Land Surveyor allowed. E. Clearing and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the CBF -3 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 BIDDER: Document Control Page 18 of 124 Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed in FORTY (40) working days. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -4 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Signature Type or Print Name Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: BIDDER: Business Street Address City, State and Zip Code Telephone Number Document Control Page 19 of 124 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -5 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 BIDDER: SECTION 2 BID DATA FORMS CBF -6 Document Control Page 20 of 124 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 BIDDER: Document Control Page 21 of 124 Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Principal, and as , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of r-ITITAX M-1 ($ ), being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22—as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this day of , 20 Principal Signature _(SEAL) Surety By: Signature CBF -7 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 BIDDER: 2.B LIST OF PROPOSED SUBCONTRACTORS Document Control Page 22 of 124 In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -8 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 BIDDER: 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: License No.: Department of Industrial Relation Registration No. Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF - 9 Document Control Page 23 of 124 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 BIDDER: Document Control Page 24 of 124 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF - 10 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 H BIDDER: Name and Address of Owner Name and telephone number of person familiar with project Document Control Page 25 of 124 Contract amount Type of Work Date Completed CBF - 11 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 BIDDER: SECTION 3 NON-COLL USIONAFFIDA VIT CBF - 12 Document Control Page 26 of 124 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 BIDDER: NON -COLLUSION AFFIDAVIT Document Control Page 27 of 124 In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Typed or Printed Name Title Bidder Subscribed and sworn before me This day of , 20 Notary Public in and for the State of California My Commission Expires: CBF -13 (Seal) City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021 CONSTRUCTION CONTRACT Document Control Page 28 of 124 VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 (COMPANY NAME) 1. PARTIES AND DATE This Contract is made and entered into this day of , 20 (Effective Date) by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and COMPANY NAME with its principal place of business at COMPANY ADDRESS (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project") as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Company Name Page 2 of 11 Document Control Page 29 of 124 herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to Month, Date and Year unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Gloria Molleda, or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Project Manager, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 30 of 124 Company Name Page 3of11 Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws., rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Company Name Page 4 of 11 Document Control Page 31 of 124 performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Company Name Page 5 of 11 Document Control Page 32 of 124 promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VI II and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed DollarAmount in Word Format Dollars (Numerical) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 33 of 124 Company Name Page 6 of 11 records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Company Name Address City, State, Zip Code Attn: Project Manager's Name Tel: (000) 000-0000 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Gloria Molleda, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Company Name Page 7 of 11 Document Control Page 34 of 124 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 35 of 124 Company Name Page 8 of 11 attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 36 of 124 Company Name Page 9 of 11 it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Company Name Page 10 of 11 CITY OF ROSEMEAD COMPANY NAME Gloria Molleda, City Manager Date Attest: Ericka Hernandez, City Clerk Date Approved as to Form: -31 Document Control Page 37 of 124 Signature Date Name: Print Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Rachel Richman, City Clerk Date Name: Title: City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Company Name EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL Document Control Page 38 of 124 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 39 of 124 Company Name EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Company Name Document Control Page 40 of 124 • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Company Name Document Control Page 41 of 124 using standard ISO endorsement No. CG 2010.. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Company Name Document Control Page 42 of 124 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Company Name Document Control Page 43 of 124 shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 CITY OF ROSEMEAD Document Control Page 44 of 124 VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 PERFORMANCE BOND City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 45 of 124 PERFORMANCE BOND WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - 1 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 46 of 124 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on ,20 Principal/Contractor By: President Surety By: Attorney -in -Fact The rate of premium on this bond is per thousand. The total amount of premium charged, $ (The above must be filled in by corporate surety.) PERFORMANCE BOND - 2 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 STATE OF CALIFORNIA ss. COUNTY OF Document Control Page 47 of 124 On this day of , in the year , before me, a Notary Public in and for said state, personally appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. (SEAL) My Commission expires Notary Public in and for said State PERFORMANCE BOND - 3 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 I, CERTIFICATE AS TO CORPORATE PRINCIPAL Document Control Page 48 of 124 certify that I am the Secretary of the corporation named as principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PERFORMANCE BOND - 4 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 CITY OF ROSEMEAD Document Control Page 49 of 124 VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 PAYMENT BOND City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 50 of 124 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated , (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for. or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such . work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we the undersigned Contractor, as Principal and a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of PAYMENT BOND - 1 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 51 of 124 the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on .20 Principal/Contractor By: President Surety By: Attorney -in -Fact PAYMENT BOND - 2 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 52 of 124 STATE OF CALIFORNIA COUNTY OF ) ss. On this day of , in the year , before me, a Notary Public in and for said state, personally appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. (SEAL) My Commission Expires Notary Public in and for said State PAYMENT BOND - 3 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 53 of 124 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PAYMENT BOND - 4 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 CITY OF ROSEMEAD Document Control Page 54 of 124 VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 PART "A" GENERAL PROVISIONS City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 55 of 124 Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2021 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications"), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made a part hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2018 edition, only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans", it shall mean the Standard Specifications for Public Works Construction ("Green Book"), 2021 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS - 1 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 56 of 124 PART 1 - GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 57 of 124 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 58 of 124 SECTION 2 SCOPE AND CONTROL OF WORK The project consists of asphalt concrete coldmill and overlay, localized full depth asphalt concrete replacement at various locations (pothole repairs), traffic loops restoration, markings and striping at various locations Citywide as indicated on the construction plans., including other incidental and appurtenant work necessary for the proper completion of the project. 2-3 SUBCONTRACTS 2-3.3 Subcontractor Obligations. Section 2-3.3 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." 2-4 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." 2-5 PLANS AND SPECIFICATIONS GENERAL PROVISIONS - 4 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 59 of 124 2-5.1 General. The second full paragraph of Section 2-5.1 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." 2-5.2 Precedence of Contract Documents. The provisions of Section 2-5.2 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" 2-5.4 Interpretation of the Plans and Specifications. Section 2-5.4 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 ofthe 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." 2-7 SUBSURFACE DATA GENERAL PROVISIONS - 5 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 60 of 124 2-7.1 Limited Reliance by Contractor. Section 2-7.1 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:" "2-7.1.1. 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." "2-7.1.2. Other Information. Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings." "2-7.1.3. 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." 2-8 RIGHT-OF-WAY. Section 2-8 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." 2-9 SURVEYING. 2-9.2 Survey Service. Section 2-9.2 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." GENERAL PROVISIONS - 6 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 61 of 124 2-9.4 Line and Grade. Section 2-9.4 of the Standard Specifications shall be amended in its entirety to read as follows: "All Work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross-sections, elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the City's Representative. Failure to make this report shall make the Contractor responsible for any error in the finished Work. Minor deviations from approved Plans, whenever required by the exigencies of construction, shall be determined in all cases by the City's Representative and authorized in writing." 2-10 AUTHORITY OF BOARD AND ENGINEER. The provisions of Section 2-10 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." 2-11 INSPECTION. The provisions of Section 2-11 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 62 of 124 "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." 2-14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. Section 2-14 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 63 of 124 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 64 of 124 SECTION 3 CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The provisions of Section 3-2.1 of 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." 3-2.2 Payment. The provisions of Section 3-2.2 of the Standard Specifications shall be revised to read as follows: "3-2.2.1 Contract Unit Prices. Section 3-2.2.1 shall be amended in its entirety to read as follows:" "3-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work." "3-2.2.1(b) 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 3-3.2, 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 3-3.2, 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 65 of 124 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." "3-2.2.1(c) 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 3-3.2, 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 3-3.2, 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." "3-2.2.1(d) 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 3-3.2, as amended in these General Conditions, or such adjustment as will be as agreed to by the Contractor and the Owner." W. 0,111 1.7\VAT91.01 � GENERAL PROVISIONS - 11 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 66 of 124 3-3.1 General. The provisions of Section 3-3.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "All extra work shall be adjusted daily upon report sheets furnished by the Contractor, prepared by the City's Representative and signed by both parties. The daily report shall be considered thereafter as the true record of extra work done. New and unforeseen work will be classed as extra work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears in the Bid Forms. The Contractor shall not do any extra work, except upon written order from the City's Representative." 3-3.2 Payment. The provisions of Section 3-3.2 of the Standard Specifications shall be amended as follows: 3-3.2.1 General. Section 3-3.2.1 shall be amended to include the following at the beginning of that Section: "Extra work shall be paid for under written work order in accordance with the terms therein provided. Generally, payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the City." 3-3.2.3 Markup. Paragraph (a) of Section 3-3.2.3 (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. 1) Labor 2) Materials 3) Equipment rental 4) Other items and expenditures 5) Subcontracts (1st tier only) 6) Lower tier subcontractors 24 percent (includes bonding) 15 percent 15 percent 15 percent 5 percent none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding." 3-6 EXISTING CONDITIONS. Section 3-6 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 GENERAL PROVISIONS - 12 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 67 of 124 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 68 of 124 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." 4-1.2 Protection of Work and Materials. The provisions of Section 4-1.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall fully and adequately store and protect all materials, parts and equipment, as required herein. Contractor shall be solely responsible for any and all damages or loss by weather or any other cause to such materials, parts and equipment. The Contractor shall make good any and all damages or loss to materials, parts and equipment." "Until the final written acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its GENERAL PROVISIONS - 14 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 69 of 124 completion and acceptance, and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for all materials and the protection of Work already completed, and shall properly store and protect them, if necessary. Contractor shall provide suitable drainage and erect temporary structures where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of property in materials used after they have been attached or affixed to the Work or the soil upon City real property. All such materials shall, upon being so attached or so affixed, become the property of the City." "Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage valued in excess of five percent (5%) of the Contract Price if such damage was caused by an earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public Contract Code Section 7105. If provided for in the Contract Bid Forms, however, Contractor shall provide insurance to protect against such damages." 4-1.4 Test of Materials. The provisions of Section 4-1.4 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." 4-1.6 Trade Names or Equals. The second and third paragraphs of Section 4-1.6 of the Standard Specifications shall be amended in their entirety to read as follows: "Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal". A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after award shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal" item shall be not less than 35 nor more than 40 calendar days after award of Contract." "The burden of proof as to the comparative quality and suitability of alternative equipment or materials shall be on the Contractor. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. Such data shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The Contractor shall have the material tested as required by the City's Representative to determine that the quality, strength, physical, chemical or other characteristics, including durability, finish, efficiency, dimensions, service and suitability are such that the item will completely and adequately fulfill its intended function." 4-1.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications as follows: GENERAL PROVISIONS - 15 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 70 of 124 "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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 71 of 124 SECTION 5 UTILITIES 5-1 LOCATION The provisions of Section 5-1 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." 5-2 PROTECTION The provisions of Section 5-2 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." 5-5 DELAYS GENERAL PROVISIONS - 17 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 72 of 124 The provisions of Section 5-5 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 73 of 124 SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The second paragraph of Section 6-1 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." 6-3 SUSPENSION OF WORK. 6-3.1 General. The provisions of Section 6-3.1 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 74 of 124 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." 6-4 DEFAULT BY CONTRACTOR. The first, second and third full paragraphs of Section 6-4 of the Standard Specifications shall be amended to read as follows: "If the Contractor should be in violation of the Contract, then the City may, without prejudice to any other right or remedy and after giving notice as specified herein, terminate the Contract and take all actions provided for herein and elsewhere in the Contract Documents. By way of example and not as a limitation upon its right to terminate the Contract as provided herein, the City may terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1) begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2) commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3) maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the Contract Documents; (5) maintain a Work program which will insure the Agency's interest; (6) carry out the intent of the Contract; (7) supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other respect prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contact." "If the City determines that sufficient grounds exist to terminate the Contract as provided herein, the City's Representative shall provide written notice to the Contractor and its surety on its performance bond. If the Contractor or its surety does not fully comply with such notice within five (5) days after receiving it, or fails to continue after starting to comply in good faith, the City may exclude the Contractor and its employees and Subcontractors from the Work, or any portion thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of every description as may be found at the place of such Work. Thereupon, the Contractor and its employees and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. In such accounting, GENERAL PROVISIONS - 20 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 75 of 124 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." 6-8 COMPLETION AND ACCEPTANCE. Section 6-8 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 ofthe Contractor's written assertion that the Work has been completed. If, in the sole discretion of the City's Representative, the Work has been completed and is ready for acceptance, the City's Representative will notify the City Clerk that the Contract has been completed in its entirety. The City's Representative shall request that the City accept the Work and that the City Clerk be authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work." "The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City's Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof." "The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of One Hundred Percent (100%) of the Contract. Said bond shall remain in force for a period of one (1) year after the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1) year period." "The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or GENERAL PROVISIONS - 21 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 76 of 124 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." 6-11 TIMES OF OPERATION Section 6-11 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 77 of 124 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-2 LABOR. 7-2.2 Laws. "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:" "7-2.2.1 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." "7-2.2.3 Eight Hour Work Day. 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." "7-2.2.4 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 ofthe 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." "7-2.2.5 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." "7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the GENERAL PROVISIONS - 23 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 78 of 124 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." 7-3 PERMITS. Section 7-5 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." 7-8 PROJECT SITE MAINTENANCE. 7-8.2 Air Pollution Control. The provisions of Section 7-8.2 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." 7-8.6 Water Pollution Control. The provisions of Section 7-8.6 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 I - 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 79 of 124 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 1 -Acre threshold includes the total amount of land disturbance. For example, if four streets, each 1/4 -acre in size in different parts of the City are to be reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI) GENERAL PROVISIONS - 25 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 4th. 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: Document Control Page 80 of 124 • 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 81 of 124 Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and construction operations: 1. Construction Practices (NS2, NS3, NS4, and NS6) 2. Material and Waste Management (WM01, WM02, and WM04) 3. Vehicle and Equipment Management (NS8, NS9, and NS 10) 4. Physical Stabilization (EC7, EC12, NS4, TCI, 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 P.O. Box 2313. Livermore, CA 94551 www.cabmphandbooks.com D. Implementation Los Angeles County DPW Cashier's Office 900 South Fremont Avenue Alhambra, CA 91803 Tel. No. (626) 458-6959 The Contractor will be responsible throughout the duration of the project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor's activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil -disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil -disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this section, "Water Pollution Control". Unless otherwise directed by the City, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work. E. Sewage Spill Prevention GENERAL PROVISIONS - 27 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 82 of 124 The Contractor's attention is directed to the sewer bypass operation required during any sewer construction (Standard Specification for Public Works Construction Section 500.1.2.4). The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor's expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. F. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to the following two (2) City Departments: Public Works/ Engineering (626) 569-2150 Public Safety Department (626) 569-2292 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors, to be reached during emergency and off -hours. The City will notify the following: Los Angeles County Department of Health Services (213) 974-1234 Los Angeles County Department of Public Works (800) 303-0003 Regional Water Quality Control Board (213) 576-6665 or 6600 State Office of Emergency Services (800) 852-7550 (For any significant volume of material that entered the storm drain or receiving water) G. Sewage Spill Written Notification The Contractor shall prepare and submit a written report within three (3) working days from the occurrence of a spill to the City, (Attention: Project Manager). This report shall describe the following information related to the spill: 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 83 of 124 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring H. Enforcement The City, as a permittee, is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall be responsible for all costs and liabilities imposed by law as result of the Contractor's failure to comply and/or fulfill the requirements set forth in Section 7.09 - "Water Pollution Control". The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. I. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. J. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except 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 andnoise level rules, regulations and ordinances, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor." GENERAL PROVISIONS - 29 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 84 of 124 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.4 Safety. 7-10.4.1 Safety Orders. Section 7-10.4.1 shall be amended to add the following to the beginning of the first full paragraph: "In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property in performance of the Work. This requirement shall apply continuously and shall not be limited to normal working hours. The Contractor's duty to preserve safety shall include, but shall not be limited to, the erection and maintenance of temporary fences, bridges, railings and barriers; the placement of guards; maintenance and operation of sufficient lights and signals; and all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the City's Representative or other City employee or agent to give general engineering supervision of the Contractor's performance is not intended to include the review of the adequacy of the Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and complete responsibility for safety conditions on the Site." Section 7-10.4.1 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." 7-10.4.3 Special Hazardous Substances and Processes. Section 7-10.4.3 shall be amended to add the following to the end of that Section: "As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of. (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute." 7-11 PATENT FEES OR ROYALTIES. Section 7-11 of the Standard Specifications shall be amended in its entirety to read as follows: GENERAL PROVISIONS - 30 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 85 of 124 "The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use." 7-13 LAWS TO BE OBSERVED. Section 7-13 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." 7-15 INDEMNIFICATION. Section 7-15 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 GENERAL PROVISIONS - 31 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 86 of 124 officials, officers, employees, volunteers or agents for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782." 7-16 CONCRETE FORMS, FALSEWORK AND SHORING. Section 7-16 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 87 of 124 SECTION 9 MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK. Section 9-2 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." 9-3 PAYMENT. 9-3.1 Payment. The last paragraph of Section 9-3.1 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 9-3.1 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 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 88 of 124 Forms for the various appurtenant items of work." 9-3.2 Partial and Final Payments. Section 9-3.2 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 secl." "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, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 CITY OF ROSEMEAD Document Control Page 89 of 124 VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 PART "B" SUPPLEMENTAL GENERAL CONDITIONS City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 90 of 124 VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 SUPPLEMENTARY GENERAL CONDITIONS 10-1 GENERAL 10-1.1 Description of Work The project consists of asphalt concrete coldmill and overlay, localized full depth asphalt concrete replacement at various locations (pothole repairs), traffic loops restoration, markings and striping at various locations Citywide as indicated on the construction plans., including other incidental and appurtenant work necessary for the proper completion of the project. 10-1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis for the compilation of bids, and the City of Rosemead does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. In such case the contract unit price shall prevail subject to the requirements of Subsection 3- 2.2.1 of the Standard Specifications. All work incidental to this project, as described on the drawings and/or this specification shall be considered as included within the scope of the work. The bid prices submitted by the contractor shall include the cost of said incidentals, even though such incidentals are not specifically mentioned in the preceding description of work to be done or in the proposal form. 10-1.3 Equals - Whenever the names of specific products are designated in the details appearing on the drawings or in the specifications, the intent is to state the general type and quality of the products desired, without the intention of ruling out the use of other products of equal type and quality. If the successful contractor wishes to make substitutions of the products specified, he must make an application in writing to the Engineer prior to the acceptance and installation into the project with a complete description of the alternate products and a statement with regard to the saving to the owner, if any, in case the substitution would be permitted. The Engineer will have the right to make the final decision in these cases and to insist on use of particular brands of products shown on the drawings or in the specifications, if, in his opinion, such brands will be preferable to the Engineer, in lieu of the requested substitutions. 10-1.4 Installation of Equipment - All materials and workmanship shall be in accordance with the manufacturer's specifications and instructions. SUPPLEMENTARY GCs -1 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 91 of 124 10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard Specifications with the following special conditions: a. Beginning and Completion of Work: The contract time allowed for completion of the project is FORTY (40) working days. Work on this project shall commence no later than ten (10) days from the date of Notice to Proceed. b. The contractor shall submit to the Engineer a time schedule of work for the various sequences of the major operations. Said schedule shall be submitted at least 5 working days prior to the beginning of work and shall be subject to the approval of the Engineer. C. Working hours on this project shall be limited to 7:00 a.m. to 5:00 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 forty-eight (48) 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. 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. SUPPLEMENTARY GCs -2 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 92 of 124 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 (800) 422-4133 at least 72 hours prior to commencing any work. 10-6 CONSTRUCTION WATER It shall be the responsibility of the contractor to furnish an adequate supply of water for construction use. 10-7 AIR AND WATER POLLUTION SUPPLEMENTARY GCs -3 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 93 of 124 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 7-10 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. 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 SUPPLEMENTARY GCs -4 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 94 of 124 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 9 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 2-9 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, 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 SUPPLEMENTARY GCs -5 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 95 of 124 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. 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 SUPPLEMENTARY GCs -6 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 96 of 124 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, 2012 Edition, (hereinafter referred to as the Standard Specifications). The Contractor shall replace or restore existing improvements to their original condition to the satisfaction of the Engineer at no expense to the City. 1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste material shall become the property of the Contractor and shall be disposed of by the Contractor outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. 1.07 Final Clean Up. After completion of all other work required under the contract, the Contractor shall, at no expense to the City, clean up the work site including any and all properties used by the Contractor during construction to the satisfaction of the Engineer. The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or SUPPLEMENTARY GCs -7 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 97 of 124 nature which has been moved, damaged or altered in any way by the Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing asphalt pavement or concrete pavement during paving operations. The Contractor shall slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive) all asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on the concrete pavement, Contractor shall sand blast the affected area to its original condition and to the satisfaction of the Engineer or City Representatives at no additional cost. Any and all of these requirements shall be at the Contractor's expense. 1.08 Payment. No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. 10-16 CLEARING AND GRUBBING 2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and Grubbing" of the Standard Specifications. In addition, the following items of work are included under Clearing and Grubbing, unless otherwise covered by specific bid items: A. Maintaining dust control at all times by watering and sweeping. B. Providing traffic control and maintaining access, security and safety including all signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in these specifications. C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve covers, walls, fences, curbs, fire hydrant, telephone and, power poles, and other existing structures. D. Removing, storing, and replacing removable and portable items and their safe handling and keeping. E. Providing temporary pumps, conduits, and any other necessary means to convey waste waters in order to bypass the construction as needed and as approved by the Engineer. F. Saw cutting Portland cement concrete and asphalt concrete pavement for construction of smooth and straight joins. G. Providing shoring, sheeting, bracing, etc. for excavations. H. Removing, relocating and replacing all sprinkler lines, heads, valves, and other landscaping items interfering with the construction of improvements. SUPPLEMENTARY GCs -8 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 98 of 124 I. Removing and disposing of all existing improvements interfering with the construction of new improvements and/or as required elsewhere in these specifications and not included in other bid items. J. Restoring landscaping or any other miscellaneous improvements damaged during construction. K. Removing, replacing, backfilling, and compacting miscellaneous earthwork resulting from removing existing improvements that are not replaced and where excavations were made for concrete forming. L. Backfilling areas with clean topsoil; grading to join elevation of newly constructed curb, sidewalk, and driveway approach; and seeding, watering, and caring for rye grass or approved equal by the Engineer until the grass is established. M. Providing all necessary means to prevent tracking of asphalt oil on existing or new asphalt pavement including a water truck during the paving operation and for restoring areas where asphalt oil was spilled. N. Coordinating the construction with all utility companies. O. Obtaining permit from the appropriate water company for connection to fresh water source and delivering water to the point of use and assuming payment of all fees and payment for water used. 2.02 Payment. Payment for Clearing and Grubbing shall be included in the lump sum price under Bid Item No. 1. Payment of the lump sum price bid shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in Clearing and Grubbing as specified above and as directed by the Engineer. 10-17 CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT OF THE PROJECT 3.01 General. Due to the nature of this project involving some inconveniences, the Contractor shall respond to all complaints associated with the project that include any alleged damage to private property and/or vehicles, within 24 hours of notification. Failure to comply with this provision will result in an additional penalty of $50.00 per occurrence. The City reserves the right, after 24 hours of notification, to respond to the complaint and repair the alleged damage. The Contractor shall reimburse the City for all costs involved in addressing the complaint, including any administrative costs incurred by the City. 3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute notices informing those affected that construction will be performed in proximity to their 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. SUPPLEMENTARY GCs -9 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 99 of 124 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, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 100 of 124 CITY OF ROSEMEAD VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 PART "C" TECHNICAL PROVISIONS City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 101 of 124 VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 TECHNICAL PROVISIONS A. General: The Contractor shall obtain a no -fee Construction Permit before commencing construction from the City. 2. Scope of the Work covered by Contract Documents: The work consists of furnishing all materials, equipment, tools, labor, and incidentals as described in detail in the Bidding and Contract Documents, Plans and Specifications to construct the project. Major work components include asphalt concrete coldmill and overlay, localized full depth asphalt concrete replacement at various locations (pothole repairs), traffic loops restoration, markings and striping at various locations Citywide. 3. The Contractor shall accept the site and the character of the work as they exist on the first day of work under this contract. 4. Limits of Work: Limits of work shall be the legal property boundaries of the project site unless modified by Contract limit lines indicated on the plans or as noted otherwise. Prior to commencing work on any area, the Contractor shall verify and coordinate them with the Engineer to ascertain the actual limits of work. 5. The Contractor shall take note that the final limits of AC pavement removal and reconstruction shall be coordinated and determined by the City Engineer during construction. 6. Project Schedule The Contractor shall submit a Construction Schedule to City Engineer prior to beginning construction. No work may be started until a Notice to Proceed is issued by the City. A Notice to Proceed shall not be issued until the Schedule has been approved in writing. The work shall be scheduled to assure that construction will be completed within the specified time. The Contractor shall be held responsible for coordination of all phases of the operation so that the time schedule can be met. The Contractor shall provide to the City all required contract bonds and evidences of insurance prior to the issuance of "Notice to Proceed" by the City. If the Contractor desires to make a major change in its method or operations after commencing construction or if its Schedule fails to reflect the actual progress, the Contractor TECHNICAL PROVISIONS TP -1 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 102 of 124 shall submit to City Engineer a revised Construction Schedule. Said Schedule shall be submitted in advance of beginning revised operations or within two (2) working days after notification by the City Engineer. City Engineer may suspend all progress payments if the Contractor fails to comply. 7. Notice to Proceed The Contractor shall not commence work until a Notice to Proceed has been issued by the City to the Contractor. Prior to the issuance of Notice to Proceed the Contractor shall provide the following: a. The Contractor shall provide all required contract bonds and evidences of insurance to the City; b. The Contractor shall submit a Construction Schedule to City Engineer; C. Obtain a no -fee Construction Permit from the City Notwithstanding any other provisions of the Contract, the Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to delivery of a Notice to Proceed. The City's knowledge of work being performed prior to delivery of the Notice to Proceed shall not obligate the City to accept or pay for such work. The construction date shall begin within 10 days after "Notice to Proceed" is issued by the City to the Contractor. 8. Contract Time Working hours are between 8:00 a.m, and 5:00 p.m. Monday through Friday, excluding legal holidays and weekends. During periods when weather or other conditions are unfavorable for construction, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose acceptable quality or efficiency will be affected by any unfavorable conditions shall be constructed while those conditions exist. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 9. Delay in Obtaining Materials: No extension of time will be granted for a delay caused by the inability to obtain materials unless the Contractor either obtains advance written approval from City Engineer or obtains from the supplier and furnishes to the Engineer documentary proof that such materials could not be obtained due to war, government regulations, labor disputes, strikes, fires, floods, adverse weather conditions necessitating the cessation of work, or other similar action of the TECHNICAL PROVISIONS TP -2 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 103 of 124 elements. The Contractor is required to order materials in a timely manner as specified in the "Instruction to Bidders". 10. Contract Documents The Contractor shall maintain at the job site one (1) set of Contract Documents to include Plans & Specifications, Standard Plans, and Standard Specifications for Public Woks Construction. At the end of each working day, the Contractor shall submit to the Inspector an accurate "as -built" drawing of any changes that occurred from the approved plans and drawings, including Change Order work, changed conditions in the field, and/or claimed extra work. The Contractor shall be responsible to obtain the Inspector's written approval of the accuracy of said drawing. No invoice will be accepted for processing until all work included therein is accurately shown on the record drawings. 11. It shall be the Contractor's responsibility to completely remove all "construction graffiti" (spray paint or other marking for utilities, survey points and construction limits) prior to acceptance of the work as completed. 12. All cost for complying with the requirements of this section shall be included in the various items of the bidding schedule unless specified otherwise. B. Construction Staking: 1. The Contractor shall be responsible for construction staking. 2. Unless otherwise provided in the special provision, lines and grades for the construction shall be the responsibility of the contractor, with the following provisions: 3. All work under this contract shall be built in accordance with the lines and grades shown on the plans. Field survey for establishing these, and for the control of construction, shall be the responsibility of the Contractor. All such survey work including construction staking shall be done on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and trade involved. 4. The Contractor shall provide a copy of the office calculations and grade sheets to the City Engineer. The Contractor shall be responsible for any error in the finished work, and shall notify the Engineer, in writing, within 24 hours of any discrepancies, or design errors during the construction staking. 5. All the Survey Monuments and Bench Marks removed and/or altered during the construction shall be reset and certified "corner records" shall be submitted by the Land Surveyor, to the Engineer prior to the final acceptance of the construction. 6. Payment for surveying, construction staking, setting of the Survey Monuments and Bench Marks, preparing corner records, professional services, office and field calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all the work TECHNICAL PROVISIONS TP -3 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 104 of 124 involved, shall be considered as included in the items of work for which the surveying work is performed, and no additional compensation will be allowed. C. Materials: 1. Material Specifications: Whenever any material is specified by name and number thereof, such specifications shall be deemed to be used for the purpose of facilitating a description of the materials and establishing the quality of the materials to be used. All materials shall be new and the best of their class and kind. No substitution will be permitted which has not been approved in writing by the Engineer. 2. Material List: 3. A complete material list shall be submitted prior to performing any work. Catalog data and full descriptive literature and manufacturer's specifications and installation instructions shall be submitted whenever the use of items different than those specified is requested. 4. The material list shall be submitted using the following sample layout (double spaced between each item). Item No. Description Manufacturer Model Number material ABC Corp. XXX 5. Approval of Substitutes: 6. Approval of any items, alternates or substitutes indicates only that the product(s) apparently meet the requirements of the drawings and specifications based on the information and/or samples submitted. 7. Contractor's Responsibility: 8. Manufacturer's warranties shall not relieve the Contractor of liability under these Specifications. Such warranties only shall supplement the Contractor's responsibility. D. Inspection and Testing: All work covered by this Contract Documents shall be inspected by the City Engineer. Request for inspection service shall be made 24 hours in advance. All materials furnished and all work performed under the Contract shall be subject to review and approval by the City Engineer. Such review may include mill, plant, shop, nursery, or field inspection as required. City Engineer shall be permitted access to all parts of the work, including plants where materials are manufactured or fabricated, and shall be furnished with such materials, TECHNICAL PROVISIONS TP -4 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 105 of 124 information and assistance by the Contractor and its subcontractors and suppliers as is required to make a complete and detailed inspection. The City will provide standard progress building and public works inspection at no cost to the Contractor. Contractor shall arrange and pay for all other inspections required by ordinance or governing authorities, including tests in connection therewith, as may be assigned to it in other sections of the specifications. Where required by the Building Code, specialty inspectors shall be provided by the City at no cost to the contractor. The Contractor shall request specialty inspector at least forty-eight (48) hours in advance of an anticipated inspection. City shall perform compaction tests as required. It shall be the Contractor's responsibility to obtain Inspection in a timely manner prior to proceeding with any phase of construction. The Contractor shall neither allow nor cause any of its work to be covered or enclosed until it has been inspected, tested and approved by the Director of Public Works and Development Services or his/her designee. City Engineer will make, or have made, such inspections and tests as he deems necessary to see that the work is being accomplished in accordance with the requirements of the Contract. In the event such inspections or tests reveal non-compliance with the requirements of the Contract, the Contractor shall bear the cost of such corrective measures deemed necessary by the Director of Public Works and Development Services or his/her designee, as well as the cost of the subsequent re -inspection and re -testing. It shall be understood and agreed that the inspection or making of tests shall not constitute an acceptance of any portion of the work nor relieve the Contractor from compliance with the terms of the Contract. Work done in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, and the entire cost of removal and replacement, including the cost of all materials which may be furnished by the City and used in the work thus removed, shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered without the authority of City Engineer shall, upon order of the City Engineer, be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement. E. Utilities: 1. Before starting work, the Contractor shall verify the locations and elevations of all existing utilities by contacting Underground Service Alert at 811, at least 48 hours in advance. Existing utilities have been carefully located and shown on Los Angeles Record office records plans provided by utility companies. The Contractor shall notify the utility companies and agencies listed below before beginning excavation and shall coordinate his work with them. TECHNICAL PROVISIONS TP -5 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 106 of 124 2. The Contractor shall provide coordination with all the utility companies involved and shall provide protection from damage to their facilities. The Contractor shall be responsible for repair or replacement to said facilities made necessary by its failure to provide required protection. The Contractor is required to include utility requirements in the Construction Schedule. 3. The Contractor shall notify all utility agencies and owners of all facilities within the area of construction a minimum of five (5) work days in advance of performing any work within said area. 4. The Contractor shall protect all utilities and other improvements which may be impaired during construction operations. It shall be the Contractor's responsibility to ascertain the actual location of all existing utilities, including service laterals, and other improvements indicated on the drawings that will be encountered in its construction operations, and to see that such utilities or other improvements are adequately protected from damage due to such operations. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be directed by the Engineer. The Contractor shall be solely responsible to check all utility record maps, books, and/or other data in the possession of the City, other agencies, and/or all utility companies, and no allowance shall be made for any failure to have done so. 5. Affected storm drain and sewer manhole frames and covers shall be adjusted to grade by the Contractor. For this project, it is required that the Contractor shall adjust affected water valve to grade in coordination with the water purveyor. The respective water purveyor will provide new water/valve cans when required. The water purveyor will have the option to adjust their own valve/water cans without addition or deduction cost to the Contractor. So. California Gas, Verizon, So. California Edison, and Telecommunication structures shall be adjusted to grade by the respective owners. It shall be the Contractor's responsibility to notify and coordinate the needed work with the respective utility owners. Notification and coordination by the Contractor shall be done no less than 5 days of the need of the work. All cost related to utility adjustment to grade including notification and coordination shall be considered included in the cost of AC pavement construction under applicable bid items. F. Phasing: To provide minimum inconvenience to the public particularly the residence and business owners, occupants and the travelling public, the Contractor shall execute the project in phases and adhere to the Traffic Control Requirements below. Prior to the start of construction, the Contractor shall prepare and submit his/her phasing program to the Engineer for review. TECHNICAL PROVISIONS TP -6 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 107 of 124 G. Traffic Control Requirements: 1. The Contractor shall be responsible to furnish, install and maintain such devices which are necessary to provide safe and efficient passage for the traveling public through the work area, for the safety of personnel present in the work area, and to minimize inconvenience. 2. All work and materials to implement construction staging and traffic control shall comply with the California Manual of Uniform Traffic Controls Device (CA MUTCD). Signs, markings, striping, barricades, delineators and all materials shall conform to applicable Caltrans standards and specifications. 3. The use of flagmen may be required if deemed so by the City Engineer. Adequate flagmen, construction signs barricades, delineators, and arrow boards shall be used to the satisfaction of the City Engineer. Adequate traffic control shall always be maintained through the construction zone. 4. Traffic control through the project area shall conform to the requirements of Section 7-10, "Public Convenience and Safety," (SSPWC). 5. The Contractor shall not allow traffic to travel on natural ground, subgrade, or aggregate base material. Traffic must only be allowed on a firm asphalt surface. A temporary ac pavement may be used for this reason to allow traffic. 6. The Contractor shall maintain a minimum of 5 feet clearance from the vertical edge of excavation. 7. The Contractor shall not be allowed to leave vertical edge over 1" within the street pavement when the pavement is open to traffic except along the edge of gutter. Otherwise, the Contractor shall construct temporary AC transition at edges including around the edges of utility structures. The transition at traverse edge to through traffic shall be 6:1 slope, at longitudinal edge shall be 4:1 slope and at driveways ramped at 6:1 slope. 8. Ingress and egress of vehicle to all driveways shall be maintained at all time except when arranged in advance by the Contractor with the respective residence. 9. The Contractor shall maintain one 10' wide minimum traffic lane in each direction at all time. 10. No street or one traffic direction closure shall be allowed unless approved by the City Engineer 48 hours prior to the closure and subject to the following condition: a. The Contractor shall submit a detour plan prepared by a Civil Engineer in the State of California, for approval by the Engineer. TECHNICAL PROVISIONS TP -7 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 108 of 124 b. Notify the following Agencies two (2) working days before closing or partially closing any street or alley: 11. The Contractor shall install, maintain, and remove all temporary delineators, barricades, lights, warning signs and other facilities necessary to control traffic as specified in the CA MUTCD. 12. All traffic lanes shall be open at the end of working hours of each day, unless approved by the City Engineer. 13. Payment for traffic control shall be included in various bid items of the Bid Schedule. H. CLEARING AND GRUBBING: a. The following paragraphs shall be added to Subsection 300-1.3, Removal and Disposal of Materials of the SSPWC: "CONTRACTOR shall remove and transport debris and rubbish in a manner that will prevent spillage on streets or adjacent areas. Cleanup of spillage will be at CONTRACTOR'S expense. Unless noted otherwise elsewhere on the contract documents, all materials indicated to be removed shall be recycled immediately at the CONTRACTOR's expense at a site approved by the Engineer, per the requirements highlighted in Subsection Part 1.28 Solid Waste Management and Recycling Plan. No demolished materials shall be stored in the Work Area or Staging Area at any time, but instead shall be removed and recycled immediately. Contractor shall not start any removal work unless it is prepared to perform reconstruction work immediately without interruption from the time removals begun, unless otherwise approved by the Engineer". b. Add the following to subsection 300-1.3.2, Requirements of the SSPWC: "Where Full Depth Localized Asphalt Concrete Pavement Repair are required, the existing AC pavement section is not known and may vary. For this project, the upper 4" of the AC pavement section is considered AC pavement and underneath it is considered base material." c. Remove subsection 300-1.4, Payment of SSPWC and replace with the following: "Payment for clearing and grubbing including recycling shall be considered included in various bid items except for other removal items as listed and described in the bid schedule". I. FULL DEPTH LOCALIZED ASPHALT PAVEMENT REPAIR TECHNICAL PROVISIONS TP -8 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 109 of 124 A. Full Depth Localized Asphalt Concrete Pavement Repair (FDLAPR) option shall include the following: 1.) Remove 10" thick AC pavement section. As discussed above under subsection Part 2- SPECIAL PROVISIONS, Clearing and Grubbing: "The existing AC pavement section is not known and may vary. For this project, the upper 4" of the AC pavement section is considered AC pavement and underneath it is considered base material." 2.) The exposed subgrade shall be scarified to a minimum depth of 8" inches, moisture conditioned moisture conditioned to the optimum moisture content, and recompacted to a minimum of 95% relative compaction. 3.) Construct 10" thick AC pavement section consisting of 4" AC over 6" crushed aggregate base. 4" thick AC pavement shall consist of 2" AC wearing course, Type C2 -PG 64-10, on 2" AC base course, Type B -PG 64-10. 4.) Apply tack coat on the AC base course prior to construction of 2" AC wearing. Tack coat is further described below. 5.) The Contractor shall adjust all affected utility structures to grade per subsection 5, Utilities, above. B. Location of the construction FDLAPR shall be determined by the Engineer during construction C. Payment: All cost to construct Full Depth Localized Asphalt Pavement Repair shall be paid per Square Feet (SF) of the FDLAPR surface area and shall include removal of pavement section, scarification, tack coat and construction of asphalt pavement section, adjustment of utility structures to grade per subsection 5, Utilities above. J. TACK COAT i. Tack Coat per subsection 302-5.4 of SSPWC and add the following: l.) Tack coat material for overlay shall be PG 64-10 applied at a rate of 0.05 gallons per square yard applied at a minimum of 350 degrees Fahrenheit from a distributor truck with a functioning heating element capable of raising the temperature by 3 degrees Fahrenheit per hour. 2.) On the construction of new AC pavement section, tack coat shall be applied on base course before the wearing course is applied. 3.) Tack coat shall be placed so far ahead of paving that the tack coat is tracked away by trucks from more than 20 percent of the tracked area. TECHNICAL PROVISIONS TP -9 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 110 of 124 4.) Tack coat for joints on trenches and remove and replace repairs shall be uniformly applied at .20 gallons per square yard PG 64-10 or two coats S S I h applied uniformly at .20 gallons per square yard each coat. 5.) The CONTRACTOR shall place the tack coat in a manner to prevent vehicles from driving through the tack coat. ii. Measurement and Payment subsection 302-5.4 of SSPWC, revise to: Full compensation for tack coat shall be included in the Bid Item for AC coldmill and overlay, and Full Depth Localized Asphalt Pavement Repairs of the Bid Schedule. K. COLD MILLING OF EXISTING AC PAVEMENT (2" DEEP) Cold mill shall conform to the provisions of Section 302.1 of the Standard Specifications For Public Work Construction and add the following: a. The Contractor shall cold mill existing AC pavement as specified on the plans. b. During the cold milling operation, the Contractor shall sweep the street with mechanical equipment and remove all loosened material from milled areas. The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water (recycled water, if available) or other means as necessary. c. All Asphalt Concrete material covering existing concrete improvement shall be removed as directed by the City Engineer at no additional cost to the City. d. After grinding and removing the specified thickness of the existing asphalt concrete layer and before adding the new asphalt concrete overlays, all damaged areas and cracks shall be repaired, sealed and patched properly. Cracks wider than 1/4" should be sealed, loose pavement removed and patch, spalls repaired, and broken slabs or punch outs replaced. all joints and cracks greater than 1/4 inch and less than 1.5 inches in size shall be filled with Crafco Polyflex III or equal. Filler shall be within 1/8 inch below and flush with existing pavement surface and squeegeed, as necessary, to attain this result. If any localized deep failure area is observed after grinding, the existing pavement section within such area should be completely removed and replaced with new asphalt concrete and base section. Delete sentence under subsection 302-1.12 and replace with the following: "Payment for Cold Milling Existing AC Pavement (2" Deep) shall be considered include under Cold Mill 2" existing asphalt pavement and construct 2" AC overlay bid item". L. ASPHALT CONCRETE PAVEMENT OVERLAY i. PREPARATION OF EXISTING ASPHALT SURFACE TO RECEIVE ASPHALT 141iia�w:�ti TECHNICAL PROVISIONS TP -10 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 111 of 124 1.) The existing pavement surface to receive asphalt concrete overlay, shall be cleaned by sweeping with a power broom, and shall be free of dust, dirt, vegetation, loose foreign matter, grease, oil or any other type of objectionable surface films. 2.) Where vegetation exists on existing pavement surfaces, the vegetation should be removed to the outer edges of the existing pavement and the resultant area shall be treated with herbicide. 3.) Bumps, waves, depressions and corrugations which impair the riding qualities of the existing pavement surfaces shall be removed or leveled to produce a smooth tight surface. 4.) Where vegetation exists in cracks, the vegetation shall be removed and the cracks cleaned to a depth of two inches where practical, treated and filled as directed by the Engineer. All cracks shall be cleaned, free of moisture, treated with herbicide and filled level to the surface with an asphalt based crack filler. 5.) Prior to applying overlay material, when all repairs are completed and the existing surface has been thoroughly cleaned over the full width to be treated, a tack coat shall be applied to ensure uniform and complete adherence of the overlay. Particular care shall be taken to thoroughly clean the outer edges of the existing pavement to be treated. ii. ASPHALT CONCRETE PAVEMENT The Contractor shall incorporate the following exceptions, additions or deletions to Section 302-5, "Asphalt Concrete Pavement", (SSPWC): 1.) Roadway asphalt pavement overlay shall be C2 PG 64-10. 2.) Asphalt pavement overlay and reconstruction shall include the adjustment of manholes and other structure to grade per Subsection 403-3 of the SSPWC and adjustment of other utility structures to grade per subsection 5 above. 3.) Rolling shall comply with Sections 302-9.5 and 302-5.6 of the Standard Specifications. Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint. Join lines between successive runs shall be within 6 inches of lane lines or a minimum of 12 feet outside of the outer most lane line. 4.) Removal of all AC slurry seal residue from gutter lip should be completed prior to paving. Diesel fuel shall not be used for cleaning purposes within the limits of this project. 5.) Contractor shall have sufficient power brooms on site during all periods if distribution on site during all periods of distribution and spreading to provide cleanup of haul routes and work areas. Powerbrooms shall provide miscellaneous cleanup of AC spoils as directed by the Engineer. Power brooms shall not be operated more than 80% full of sweepings. TECHNICAL PROVISIONS TP -11 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 112 of 124 6.) Contractor shall maintain a functioning infrared heat measurement device in close proximity to each paving machine at all times. Contractor shall provide a pavement temperature reading, with an infrared heat measurement instrument, when requested by the Engineer. INACCESSIBILITY OF A HEAT MEASUREMENT SHALL BE CAUSE FOR TERMINATION OF PAVING OPERATION. 7.) Two initial complete passes with the breakdown roller shall be provided. Initial breakdown rolling shall be performed close enough to the paving machine and at a pavement temperature high enough such that pavement temperature after two passes exceeds 240 degrees Fahrenheit. 8.) Immediate rolling shall be provided such that a total of six passes are performed before pavement temperature drops below 200 degree Fahrenheit. 9.) The Contractor shall join all gutter lips such that the finished AC surface is three- eighths (3/8") inches above gutter lip. 10.) Temporary asphalt concrete work where required by the Engineer for traffic control or other purposes shall be considered included in the price bid for Traffic Control and no additional compensation will be allowed therefor. 11.) To avoid picking up loose rock in the overlay area, the tires of all trucks must be lightly oiled with linseed oil or soybean oil or approved equal. Diesel fuel will not be allowed on the project at all for oil down of any equipment. 12.) Watering of area to prevent tracking of material will be allowed if no water enters the storm drain system and the Contractor adheres to all local and state water quality regulations, and these Contract Documents. 13.) Rolling along a joint shall be such that the widest part of the roller is on the cold side of the joint. 14.) Rubber tire rollers shall be used on any leveling course. 15.) At a minimum, two complete passes with the breakdown roller shall be provided. Initial breakdown rolling shall be performed close enough to the paving machine and at a pavement temperature high enough such that the pavement temperature after two passes exceeds 240 degrees Fahrenheit. Intermediate rolling shall be provided such that a total of six passes are performed before pavement temperature drops below 200 degrees Fahrenheit. An additional intermediate roller may be required to achieve this result. A finish roller shall be provided in addition to intermediate rolling. 16.) Trunk Sewer Manholes shall be adjusted by the contractor per Los Angeles County Sanitation District procedure. TECHNICAL PROVISIONS TP -12 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 113 of 124 17.) At least 15 working days prior to commencing work, the Contractor shall submit a cold mill and paving schedule to the Agency for approval. This schedule shall allow residents on the streets to be cold milled and paved ample "on street" parking within a reasonable distance from their homes. Based upon the schedule, the Contractor will notify schools, residents, and businesses of the proposed work and post temporary "NO PARKING" signs at no cost to the Agency. The "NO PARKING" signs will be in place not less than 48 hours prior to performing the work; therefore a request for changes in the schedule requiring additional posting shall be submitted by the Contractor for approval by the Engineer at least 10 working days prior to the streets affected. The contractor shall coordinate with City's street sweeping and trash hauling contractors and schedules to avoid conflicts. Payment: Full compensation of asphalt pavement overlay shall be included in the Bid Item Cold Mill 2" Existing Asphalt Concrete and construct 2" AC overlay and it shall be paid per Square Feet (SF) and shall include cold milling, AC overlay, preparation, application of tack coat and adjustment of utilities to grade and incompliance with all the applicable requirements as stated in the Contract Documents. M. PAVEMENT STRIPING AND MARKERS: 1. General a. All work shall conform to the latest edition of Caltrans Standard Plans, Standard Specifications, and California Manual on Uniform Traffic Control Devices (CAMUTCD). b. Pavement striping and markers including centerlines, lane lines, limit lines, crosswalks, legends and all other pavement markings shall be thermoplastic. Traffic striping, raised pavement markers, reflective materials, the application of thermoplastic striping and pavement markings, and the installation of raised pavement markers shall conform to the provisions in the Caltrans Standard Specifications, Sections 84, "Traffic Stripes and Pavement Markings" and Section 85, "Pavement Markers". c. Striping details, pavement legends and symbols shall conform to those in Caltrans Standard Plans. Pavement legends and symbols shall be white, unless noted otherwise. d. Lane line and/or centerline pavement delineation, where existing or called for on the Plans, shall be provided at all times for traveled ways open to public traffic. Whenever the Work causes obliteration of pavement delineation, temporary pavement delineation or permanent traffic stripes of the appropriate color and detail shall be in place. In the locations shown on the Plans, prior to opening the travelled way to public traffic. e. Striping shall be cat tracked and approved by the City Inspector prior to final installation. TECHNICAL PROVISIONS TP -13 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 Document Control Page 114 of 124 f. All conflicting existing striping, painted symbols and raised pavement markers shall be removed. The removal of painted markings and raised pavement markers shall conform to the provisions of the Caltrans Standard Specifications. g. Thermoplastic pavement marking materials and installation shall conform to Caltrans Standard Specifications Section 84-2. Materials shall consist of extruded Alkyd Binder Thermoplastic in conformance with State Specification 8010-19A. Application shall be by ribbon or extruded methods only (no spraying). h. Pavement damaged due to removing raised pavement markers shall be repaired to the satisfaction of the City Inspector. i. All lane lines at intersection approaches and departures shall begin and end with 50 -feet of 4 -inch solid white line. j. Payment Pavement marking and striping shall be paid per Lump -Sum and shall include removal of existing pavement striping, legend and markings and installation of new pavement striping, legend and marking as indicated on the plan. N. CONSTRUCTION PROJECT INFORMATION AND FUNDING IDENTIFICATION SIGN: The CONTRACTOR shall furnish and install a total of one (1), Type H, 84 inch by 78 inch Construction Project Information and Funding Identification signs at locations designated by the Engineer, one sign for each direction of travel, before starting major construction activities visible to roadway users. Upon completion of the project, the CONTRACTOR shall remove and dispose of Construction Project Information and Funding Identification signs. Manufacturing details for Construction Project Information and Funding Identification signs are available at: http://www.dot.ca.gov/hq/traffops/engineering/control-devices/proj ectinfosigns.htm The CONTRACTOR shall coordinate with the Agency for design requirements including: agency logos, temporary mounting system, and exact locations. The CONTRACTOR shall submit shop drawings of the sign, posts, and foundation, in accordance with the Special Provisions. 2. The contract unit price paid per each for Construction Project Information and Funding Identification Sign shall be considered as full compensation for furnishing all labor, materials, tools, equipment and incidentals, signs, temporary mounting system, posts, and foundation. TECHNICAL PROVISIONS TP -14 City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 CITY OF ROSEMEAD Document Control Page 115 of 124 VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT No. 21032 PART "D" APPENDIX City of Rosemead, Bid Package, Various Residential Resurfacing, FY 2021-22, Project No. 21032 APPENDIX A - PROJECT PLANS Document Control Page 116 of 124 ,C4 till 7, W 77 ;�46 'o V J-zo 7, f7�1 V 10 �,j ��� PI k t tr r ' !rN �kr._...�u� dip {- ++ �� '! ���1�4'� � a •yt _ j�(y •K� � �s'i��l �� - �! rr� _�i1 ,�rui+ W� � � ,1 ��� d' � ?�C r+_... ti "' ® F ter. �� r t -jl Y�J r.._ '� p,� i y •�71�t�`I �r Y� h: iiti` '4nd •*�' *�-- ��f --�T war( 1 -1 •I i�l�� 4 Alf.ox �� 4•d) \t�.,r a �i'�. mijig i77 P R. -pl p I�1+� • r ,�F Pari" r 17°t; ..`'b''' f �,i° 5 �. rJ 0 u4 a h e Mill I Yr �MrF i L-+u'rr r�r 1 illr� ,' 1 PI`� f l:_11 n" e4 d `A°�iS I lr r' Ppy� S- f � j�.�vc zo; a''7 7 9�I'L' TIM 414 r a yy \ T �F } r 1 11 I"•. w t ���,''#'•Rd�"f�� z��1 i- y•,j ! isi a M 4�..� � �_ F:� �y r r_��qr�.. �'.'� 1y-`�"I',1 �', �'r� �-� ��F-*ri ��' �5•+�.FY�� �;j. �`d �� r��r } �� h� i i -�%� � ,'.� r a �1`��r�fi+ n. AN s¢5,��-' I t ., •.4.: �r ,��•i., �G� 'M•E i ( �t,�.",�."JI �� rr...�a �_..�I_ yds L'S: i �+�ktr�'�'? ,�„� � . �' _y ���► ��^ � r �C^� ���_ ., °i�t,�`. n` � ��'� %rd� I F- Li!��Gy[1'�i ��Ijj",7�II�l��,�" '++yy�'�5�' t t.i . ;�6 i y ~ �J� a '� '� p� �y �k'r l ` ' , .epi �' �•ry u h i dT E L: eT fit s��ti.°ww� �" O��p�Pt�'. �"> r(+ -i i � a Gly ja'�'! ...t �,,i' r•" � �-, hr � v � , � ;t'i�� � i h � t I rea r -r `+.: .�'• — VS, �.1 r i' i., ..,a �jg� , '�.,� -�n 3 �s.f '��, `�Y `� '�W 1i � �V�.Rd.N P �� .. p � , k,�'}�'g n 1 � � \ ` i� F °' �Y �, I. •[ r� e - , Jr... � • C � � T I I 1 a r � r i FT���� 4. }�I ti �t i��+.. '1 Al� ...L �\1j� :1_ �•+ry�' ,� d7.. % l.. i �i'�! I r ��'r_ I� L. W irz Al" t✓ � �� I� s h tiJ� —r a 1 r"� � t S �f. ,jl � L lu 46V Cly of Rosemead, Bid Pedege, Venous ResidaNal RI, FY 202182 PF Ad N0.21032 GENERAL NOTES I. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE 'STANDARD SPECIFICATIONS FOR PUBUC WORKS CCNSTWCTION', LATEST EDITION, AND ALL SUPPLEMENTS, EXCEPT WHERE OTHERWISE SPECIFIED, THE NOTES AND DETAILS ON THE DRAWINGS; AMERICAN PUBLIC WORKS ASSOCIATION STANDARD PIANS; CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CAMUTCDI CALTPANS STANDARD PIANS LATEST EDITION; THE GENERALPROVISIWS (PART 1), AND THE SPECIALPROVISIONS (PART 2). 2 -APPLICATION FOR INSPECTION TO THE CIWOF ROSEMEAD DEPARTMENTOF PUBLIC WORKS SHALL BE MADE BYTHE CONTRACTOR BEFORE THESERVICES THEREOF WILL BE REQUIRED. REQUESTS FOR INSPECTION SHALL BE MADE 48 HOURS IN ADVANCE OF REQUIRED INSPECTION. 3. WORT( IN PUBUC STREETS, ONCE BEGUN, SHALL BE COMPLETED WITHOUT DELAY 50 AS TO PROVIDE MINIMUM INCONVENIENCE TO ADJACENT PROPERTY OWNERS AND TO THE TRAVELING PUBLIC. 4� THE CONIRAC70R SRALL TAKE ALL NECESSARY AND PROPER PRECAUTIONS TO PROTECT ADJACENT PROPERTIES ROMANY AND ALL DAMAGE THAT MAY OCCUR FROM STORM WATER RUNOFF ANDIOR DEPOSITION OF DEBRIS RESULTING FROM ANY AND ALL WORK IN CONNECTION WITH CONSTRUCTION ACTIVITIES. & THE COWRACTORSHALL BE RESPONSIBLE FOR THE CLEAWNG OF THE PROPOSED WORK AREA, AND RELOCATION COSTS OFALLEXISTING UTILITIES. PERMITTEE MUST INFORM CITY OF ROSEMEAO. CONSTRUCTION SCHEDULE AT LEAST 48 HOURS PRIOR TO BEGINNING OF CONSTRUCTION. Vl:.'AL:RT[a:li.9lDII:]i1aaP7ViZ[ 11q:PJ[A1:IPl:LEX'b'Li7:iWl97:IiCISaiE7q�'s7rJgq;t 7 -IF ANY UTILITIES OR FACIUTIES CONFLICTWITH PROPOSED IMPROVEMENTS, ALL WORK SHALL STOP, AND THE CITY ENGINEER SHALL BE NOTIFIED IMMEDIATELY &THE CONTRACTOR SHALL CALL UNDERGROUND SERVICE ALERT (US ,A)AS REWIRED PRIOR TO THE START OFWORK. UPON EXPOSING ANY UTIUTY'S UNDERGROUND FACILITY THE CONTRAC70RSKALL NOTIFYTHE AFFECTED UTIUTY PURVEYOR 9 -ITS BE THE RESPONSIBILITY OF THE CONTRAC70R IO LOCATE ALL SUBSTRUCTURES WITHIN THE ALIGNMENT OF THE PROPOSED IMPROVEMENTS, AND IN THE EVENT OF SUBSTRUCTURE DAMAGE, HE SHALL BEAR THE TOTAL MST OF REPAIR OR REPLACEMENT. 10 THE COWRACTORSHALL NOT CONDUCT ANY OPERATIONS OR PERFORM ANY WORK PERTAINING TO THE PROJECT BETWEEN 490 P,M. ANO700AM. ON ANY DAY NORM SATURDAY, SUNDAY, HOUDAY AT ANY TIME EXCEPT AS APPROVED BY THE ENGINEER 11 -TREES, FOLIAGE, SIGNS, AND OTHER IMPROVEMENTS SHALL BE PROTECTED IN PLACE AND ANY DAMAGE TO EXISTING IMPROVEMENTS SHALL BE REPLACED IN KIND BY THE CONTRACTOR AT THEIR COST TORE SATISFACTION OF THE ENGINEER 12. THE CONTRACTOR IS ADVISED THAT ALL EXCAVATED MATERIALS SHALL BECOME HIB PROPEWYAND SHALL BE REMOVED FROM THE JDB-BITE UNLESS INSTRUCTED BY THE CITY ENGINEER TO DO OTHERWISE. I& THE CONTRACTOR SHALLBE RESPONSIBLE DURING ALLPHASESOF THE WORK TO PROVIDE FOR PUBLIC SAFETYANDCONVENIENCE. 12I:IY11Nll lft7iII:V}1Fk1@-W-1II11a-YHeLa k1P7:I:R:ILIe79:b77. on2: l:[d }'11 15. THE CONTRACTOR SHALL PROVIDER TRAFFIC CONTROL PLAN FOR THE COMPLETION OF THE PROPOSED IMPROVEMENTS PER THE 'WORK AREA TRAFFIC CONTROL HANDBOOK' (WI TO THE SATISFACTION OF THE CITY ENGINEER 16 THE CONTRACTOR SHALL PROVIDE A 72 -HOUR NOTIFICATION TO THE AFFECTED PROPERTIES, POLICE DEPARTMENT, AND FIRE DEPARTMENT IN THE EVENT OF A CHANGE IN STREET CLOSURE TO TRAFFIC ANDIOR PUBUC SPFETYVEHICIES, PARKING RESTRICTIONS, AND ON EACH MONDAY MORNING DURING THE CONSTRUCTION PERIOD. 17- AS REWIRED BY THE CITY ENGINEER THE CONTRACTOR SHALL FURNISH AND OPERATE A SELFLCADI NG MOTOR SWEEPER WITH SPRAY NOZZLES AT LFAST TWICE EACH WORKING DAY TO KEEP PAVED AREAS ACCEPTABLY CLEAN WHEREVER CONSTRUCTION, INCLUDING RESTORATION, 15 INCOMPLETE. I- ERODED SEDIMENTS AND OTHER POLLUTANTS MUST BE RETAINED ON SITE AND MAY NOT BE TRANSPORTED FROM THE SITE VIA SHEET FLOW, SWALES, AREA DRAINS, NATURAL DRAINAGE COURSES,ORWIND. 2 -STOCKPILES OF EARTH ANO OTHER CONSTRUCTION RELATED MATERIALS MUST BE PROTECTED FROM BEING TRANSPORTED FROM THE SITE BY THE FORCES OF WIND OR WATER 3 FUELS, OILS, SOLVENTS, AND OTHER TOXIC MATERIALS MUST BE STORED IN ACCORDANCE WITH THEIR LISTING AND ARE NOT TO CONTAMINATE THE SOIL AND SURFACE WATERS. ALL APPROVED STORAGE CONTAINERS ARE TO BE PROTECTED FROM THE WEATHER SPILLSMUST BE CLEANED LP IMMEDIATELY AND DISPOSED NINA PROPER MANNER SPILLS MAY NOT BE WASHED INTO THE DRAINAGE SYSTEM. 4 EXCESS OR WASTE CONCRETE MAY NOT BE WASHED INTO THE PUBLIC WAY OR ANY OTHER DRATIAGESYSTEM. PROVISIWSSHALL BE MADE TO RETAIN CONCRETE WASTES ON SITE UNTIL THEY CAN BE DISPOSED OF AS SCUD WASTE. 5 TRASH AND CONSTRUCTION RELATED SOLID WASTES MUST BE DEPOSITED INTO ACOVERED RECEPTACLE TO PREVENT CONTAMINATION OF RAINWATER AND DISPERSAL BY WIND. & SEDIMENTS AND OTHER MATERIALS MAY NOT BE TRACKED FROM THE SITE BY VEHICLE TRAFFIC, THE CONSTRUCTION ENTRANCE ROADWAYS MUST BE STABILIZED SO AS TO INHIBIT SEDIMENTS FROM BEING DEPOSITED INTO THE PUBLIC WAY, ACCIDENTAL DEPOSITIONS MUST BE SWEPT UP IMMEDIATELY AND MAY NOT BE WASHED DORM BY RAJN OR OTHER MEANS. 7. ANY SLOPES WITH DISTURBED SOILS OR DENUDED OF VEGETATION MUST BE STABILIZED SO AS TO INHIBIT EROSION BYWIND AND WATER & SEE SPECIFICATIONS FOR APPLICABLE SNIPS AS OUTLINED IN, BUT NOT LIMITED TO, THE CALIFORNIA STORMWATER BEST MANAGEMENT PRACTICE HANDBOOK, CALIFORNIA STORM WATER QUALITY TASK FORCE, SACRAMENTO, CALIFORNIA 2003, OR THE LATEST REVISED EDITION, WHICH MAY APPLY ODUNG CONSTRUCTION (ADDITIONAL MEASURES (JAY BE REQUIRED IF DEEMED APPROPRIATE BY INSPECTOR): DoomleN C.W Page 121 d 124 GENERAL STRIPING NOTES I. SIGNING, MARKING AND STRIPING SHALL CONFORM TO THE CALIFORNIA MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES (CA MUTCD) (LATEST EDITIONS), CALTRAN5 STANDARD SPECIFICATIONS (LATEST EDITION), ANO ANY ADDENDUM THERETO TO LATEST EDITION AND THESE RAMS, SPECIAL PROVISIONS AND CONTRACT DOCUMENTS 2. ALL STRIPING AND PAVEMENT MARKINGS SHALL BE REFLECTONZED AND THERMOPLASTIC PAINT. & ALL COIFUCTWG STRIPING AND PAVEMENT MARKINGS SHALL BE REMOVED AS FOLLOWS: PAINTSHALLBE REMOVED BY SANDBLASTING, THERMOPLASTIC STRIPING SRALL BE REMOVED BY MICROGRINDING, OR OTHER APPROVED METHOD PRIOR TO APPLICATION OF SLURRY SEAL ALL CONFLICTING RAISED PAVEMENT MARKERS SHALL BE REMOVED. PAVEMENT DAMAGED DUE TO REMOVAL OF MARKERS OR STRIPING SHALLBE REPAIRED TO THE SATISFACTION OF THE CITY ENGINEER 4 -THE CONTRACTOR SHALL CONTACT THE CRYOF ROSEMEAD FOR INSPECTION AS HOURS PRIOR TO BEGINNING OF CONSTRUCTION. 5 - CONTRACTOR SHALLVERIFY ALLEXISTING CONDITIONS AND DIMENSION BEFORE STARTING WORK IF CONDITIONS EXIST WHICH ARE CONTRATY TO THOSE SHOWN ON PLANS, THE CITY ENGINEERSHALL BE NOTIFIED BEFORE PROCEEDING WITH WOR((. & SEE SPECIAL PROVISIONS OF THE CONTRACT DOCUMENTS FOR OTHER REQUIREMENTS. GENERAL TRAFFIC CONTROL NOTES I- ALL TRAFFIC CONTROL FOR CONSTRUCTION SHALL CONFORM TO PARTTEMPORARY TRAFFIC CONTROL OF THECA MUTCD, ANY ADDENDUMS TO OR LATEST EDITION AND OSHA REQUIREMENTS 2 -THE CONTRACTOR SHALL HAVE ALL TRAFFIC CONTROL SIGNS, DEUNFATORS, ETC., PROPERLY INSTALLED PRIOR TO COMMENCING WNH CONSTRUCTION. & THE CONTRACTOR SHALL MAINTAIN ALL TRAFFIC CONTROL SIGNS, DELINEATORS, ETC., TO ENSURE PROPER FLOW AND SAFETY OF TRAFFIC WHILE WORKING IN THE STREET. 4 -ADDITIONAL TRAFFIC CONTROL DEVICES MAY BE REWIRED IN THE FIELD. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY ADDITIONAL TRAFFIC CONTROL DEVICES REQUIRED BY AHE CITY TO ASSURE PUBLIC SAFETYATALLTIMES. 5- THE CONTRACTOR SHALL UTILIZE FUG MAN DURING CONSTRUCTION WORK AS DEEMED NECESSARY BY THE CITY ENGINEER & ARROW BOARDS SHALLSE USED ON MY WE CLOSURE ON ARTER IAL STREETS_ 7 -STRIPING SHALL BE CAT TRACKED AND APPROVED BY THE ENGWEERNG PRORTO FINAL INSTALLATION. & MAINTAIN ONE TRAFFIC UNE ON BOTH DIRECTIONS AT ALL TIMES. B ALL TRAFFIC LANES MUST BE OPEN AT THE END OF WORK HOURS EACH DAY. 10 ANY DEVIATION 70 THE TRAFFIC WE REQUIREMENTS SHALL REQUIRE THE CITY ENGINEER'S APPROVAL A MINIMUM 24 HOURSADVANCE NOTICE. 11. SEE SPECIAL PRO VISIONS OF THE CONTRACT DOCUMENTS FOR OTHER TRAFFIC CONTROL REQUIREMENTS NOTE• THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE APPROXIMATE AND FOR THE PURPOSE OF BID PREPARATION. FINAL LIMITS OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS OF WORK SKALL BE PER THE CITY ENGINEER OR DESIGNEE. Cily dRasem Bid PS&,gq Vwims Re di ial RSSNNao%FY 2021-2; PmIBO No 21032 D—SM COMM Page 122 o1124 'I NOr: 'l I ���sin Rnr c[a LJ Qi05SWWl SINLL LUDERPMs.RPMSSI L BEMSTA ED ZMMT,dL—IDETHE CROSSWAIKONBOTHSIDES. DETAIL11NOTTOSCALE) NOTE: THEBE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF PAVEMENT MARKNARNERS,AND LIMITS OF WORK ARE APPROMMATE AND FOR THE PURPOSE OF BID PREPARATION. FINAL LINKS OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS OF MRK SHALL BE PER THE CITY ENGINEER OR DESIGNEE. CNy ofROR KBMPM,,V—Re5,ok0®I Ru0sa D, FY 20212; Prolxi No. 210M D—II Corpol PSP 123 of 124 MARKING AND STNPNG NOTES L INSTALL LIMB PER CALVEMENTTU Al GPERll RESPEOTIVL.LIMIT LINE ANDWORD'SIOP'PER CALTMNS STD. A2IEANOA2W REBPEOTNELY. @INSTALL W IME11YELLOW LANE LINEWITN RPM. A INSTALL 1ENTE11I111ERGALTRANSSTD.AMAOETAR1 GHSTALLDOUBLE YELLOW NO PASSING ZONE—TWO MREOTION LINES PER CALTMNS STI. A20A DETAIL 22 O1. ALL BASIC CROSSWALK PER CALTRANS STD, A21F, OMITALLHMNERASIBILRY'LADDE CROSSWALKWWHRPMPERCALIMM STDA24FASMO MI)PEROETAILIONSHEETS. OINSTALL'SLOW',-SCHOOL','CROSSING' WORDS PAVEMENT MARKING PER LD CALTMNS STC, A41D, REMOVE AND REINSTALL TRAFFIC SIGNAL LOOP PER CALTMNS STD "AND IS TO MATCH EXISTING. NOTE• THERE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE APPROAMATE AND FOR THE PURPOSE OF BID PREPARATION. RML LIMBS OF WORN,PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS OF WORK SHALL BE PER THE CITY ENGINEER OR DESIGNEE. CRY of Rwe K Bid PO&AOB,Vadws RBsiO bi R,,,ftl,g,FY2021-2; PgWNP. 21031 O,0mcE C—I Peg, 12401124 w0P' MARKING AND STRIPING NOTES OINSTALLLIMR NNFIBTOP PAVEMENT MARNING PERSPPWG STD.IINI. LIMIT LINE ANDWOR0'B10Y PER CALTRANS 810. A3IEAN0A1d0 RESPECiNELY. 01NSTALl6' 81NGLEYELLOW LANE LINE WDN RPN. OINSTALI CEMERLINEB PER CALTRANS ST0. P20A 0ETAIL2 (DINSTALL DOUBLE YELLOW NO PASSIN-NE-TWO DIRECTION LINES PER CALTRANS STD. 110A DETAIL II OINSTALL BASIC CROSSWALK PER CALTRANS STT). ANF. (aTITALL HIGHER MS1810'LADDER' CROSSWALK MR RPM PER CALTRANS TD. A11F AS MODIFIED PER DETAIL I ON SHEET 6. 0N8TALL'SLOW','SCHOOL','CROSSING' WOROS PAVEMENT MARKING PER 10 OALTRANS STD. AIIO. 11 EMOVEANDREINSTALLTRAFFlGSNINAL L0OP PFA LAL1MN68T0 PLAN AN0 OMATCH IXMLING. 1/\18 NNSTALL CHANNELNING LIKE PER GALTRANS SIO AND DETAE SBA NOTE: THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF PAVEMENT MARKINGS, MARKERS,ANO LIMITS OF WORK ARE APPROXIMATE AND FOR THE PURPOSE OF BID PREPARATION. FINAL LIMITS OF WORK PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS OF WORK SHALL BE PER THE CITY ENGINEER OR DESIGNEE. NG - CITY OF ROSEMEAD PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 PROJECT NO: 21032 MARKING AND STRIPING SHEET B OF 8SHEET Attachment E Construction Contract Agreement with Onyx Paving Company, Inc. CONSTRUCTION CONTRACT VARIOUS RESIDENTIAL STREET RESURFACING, FY 2021-22 (ONYX PAVING COMPANY, INC.) PARTIES AND DATE This Contract is made and entered into this 22t" day of March, 2022 (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 Onyx Paving Company, Inc. with its principal place of business at 2890 E. La Cresta Avenue, Anaheim, CA 92806 (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 Various Residential Street Resurfacing, FY 2021-22 on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project") as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3. 1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Onyx Paving Company, Inc. Page 2 of 11 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to December 31, 2022 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Gloria Molleda, or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Corey R. Kirschner, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Contract. Onyx Paving Company, Inc. Page 3 of 11 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) Onyx Paving Company, Inc. Page 4 of 11 adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, Onyx Paving Company, Inc. Page 5 of 11 the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Nine Hundred Twenty Seven Thousand Dollars ($927,000.00) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City 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 Onyx Paving Company, Inc. Page 6 of 11 inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Onyx Paving Company, Inc. 2890 E. La Cresta Avenue, Anaheim, CA 92806 Attn: Corey R. Kirschner Tel: (714) 632-6699 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, Acting City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Onyx Paving Company, Inc. Page 7 of 11 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such Onyx Paving Company, Inc. Page 8 of 11 attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that Onyx Paving Company, Inc. Page 9 of 11 it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] Onyx Paving Company, Inc. Page 10 of 11 CITY OF ROSEMEAD Ben Kim, Acting City Manager Date Attest: Ericka Hernandez, City Clerk Approved as to Form: Date ONYX PAVING COMPANY, INC. By: Signature Date Name: Print Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Rachel Richman, City Clerk Date Name: Title: Onyx Paving Company, Inc. EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL Onyx Paving Company, Inc. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. if that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Onyx Paving Company, Inc. • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A. M. Bests rating of A- or better and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies Onyx Paving Company, Inc. using standard ISO endorsement No. CG 2010.. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. Onyx Paving Company, Inc. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered Onyx Paving Company, Inc. shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.