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CC - Item 5F - Sidewalk Replacement Programs FY 22-23 - Project No. 24009 and ADA Curb Ramps - Project No. 28008 Award of Construction ContractROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: APRIL 25, 2023 SUBJECT: SIDEWALK REPLACEMENT PROGRAM FY22-23 - PROJECT NO. 24009 AND ADA CURB RAMPS — PROJECT NO. 28008 — AWARD OF CONSTRUCTION CONTRACT SUMMARY As part of the City's Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved the Sidewalk Replacement Program FY22-23 and ADA Curb Ramps projects (Project). The Project consists of removal and replacement of existing damaged concrete sidewalk, curb and gutter, ADA curb ramps, and removal and replacement of existing trees that have caused damage to concrete infrastructure in the City's right-of-way. On April 13, 2023, the City received three (3) sealed bids. Based on staff's comprehensive bid analysis, the bid submitted by CT&T Concrete Paving, Inc. in the amount of $479,053.68, is determined to be the lowest responsive bid. On March 21, 2023, staff published a Notice Inviting Bids. Bids were received through the City's Planetbids portal until 10:30 a.m. on Thursday, April 13, 2023. The City received three (3) bids with the following results: Contractor from low to high amount Location Bid Amount CT&T Concrete Paving, Inc. Diamond Bar, CA $479,053.68 Onyx Paving Company, Inc. Anaheim, CA $636,000.00 EBS General Engineering, Inc. Corona, CA $701,940.00 Staff conducted a bid analysis for apparent low bid submitted by CT&T Concrete Paving, Inc. and verified CA contractor's licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references. The bid submitted by CT&T Concrete Paving, Inc. in the amount of $479,053.68 is determined to be the lowest responsive bid. AGENDA ITEM 5.F City Council Meeting April 25, 2023 Page 2 of 3 Additional Funding Appropriation During the design phase of the Project, staff identified additional locations in need of new curb, and repair of damaged existing concrete sidewalk, curb, and gutter. Based on the additional scope of work, staff recommends appropriating additional Measure R funds in the amount of $175,000 to fund the Project. STAFF RECOMMENDATION It is recommended that the City Council: Authorize the City Manager to execute a construction contract with CT&T Concrete Paving, Inc. in the amount of $479,053.68. In addition, authorize an amount of $47,905.36 (10%) as a contingency to cover the cost of unforeseen construction expenses, for a total construction budget of $526,959.05 2. Adopt Resolution No. 2023-24 amending the City's Fiscal Year 2022-23 CIP Budget to appropriate additional funds in the amount of $175,000 from the Measure R Funds to increase funding for the Sidewalk Replacement Program FY22-23 and ADA Curb Ramps projects, for a total Project budget of $536,000. FINANCIAL IMPACT The Project included in the Fiscal Year 2022-23 CIP budget and consists of $250,000 in Measure M, $60,000 in Measure R Funds, and $51,000 in TDA Art -3 Funds, for a combined total approved budget of $361,000. Staff is requesting to appropriate an additional $175,000 in Measure R Funds to increase the total Project budget to $536,000. Sufficient funding is available in the Measure R Funds to appropriate the necessary budget required to complete the Projects. The following is the breakdown of the construction phase budget: Construction Contract $479,053.68 Construction Contingency (10%) $47,905.37 Total Construction Budget $526,959.05 ENVIRONMENTAL REVIEW The proposed work involves the rehabilitation of an 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 City Council Meeting April 25, 2023 Page 3 of 3 relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding the use of wireless network technology and renewable energy. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Ed to Chan, P.E., T.E. City Engineer Submitted by: Michael Chung, P.E. Director of Public Works Attachment A: CT&T Concrete Paving, Inc. Bid Proposal Attachment B: Project Bid Package Attachment C: Construction Contract Agreement with CT&T Concrete Paving, Inc. Attachment D: Resolution 2023-24 Attachment A CT&T Concrete Paving, Inc. Bid Proposal BIDDER: CT&T Concrete Paving Inc. CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 SECTION 1 - BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: CT&T Concrete Paving Inc. BASE BID SCHEDULE SCHEDULE OF PRICES FOR CITYWIDE SIDEWALK, CURB & CUTTER REPLACEMENTS PROJECT No. 24009 NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM CITY. PRICE COST 1 Remove existing mature trees uplrfting EA 38 $ 7:7?. sidewalk. Install new 24 -inch box tree, per SPPWC 5204 (lagerstroemia indica'Muskogee' or 2 Cercis canadensisforest pansy). Work EA 34 $) U $ 3 7, 740 shall include restoration of parkway to match grade and elevation. Remove existing and construct new PCC ADA ramps, as listed per Appendix D: 3 Concrete Repair Location Index and per 71 D L, cJ to, 2 0-0 SPPWC, Std. Plan No: 111-5. Case and EA 13 $ $ type will be determined in the field by City representative. Install truncated domes at each location, as listed per Appendix D: Concrete 4 Repair Location Index. Remove 3'x4' EA 9 $ 12 0 $ 112. 5 c, concrete segment of curb ramp and install cast in place truncated domes per SPPWC Std, Plan No: 111-5. Install 4" PCC pathway at Garvey Center (9108 Garvey Ave) and set slope to drain away from the existing building. Work shall include installation of 5 weatherproofing material / concrete vapor SF 236 ; 5. L u $ t: ]. 2 ' $ barrier across the exposed building's spread footing to keep water intrusion into the building prior to pouring PCC. Means & method shall be industry standard for "Basement Water ofing Barrier" Install an 8 -inch retaining curb at Garvey c `4, 6 Park 7933 Emerson PI, as detailed on LF 265 $ -' $ % Appendix F: Garvey Dog Park. Remove and replace PCC curb and gutter per SPPWC STD Plan 120.3 to 7 match existing. Work shall include LF 20 $ 7 � j � 0 $ p replacement of metal curb edge and AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). CBF -2 BIDDER: CT&T Concrete Paving Inc. N0. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST Remove existing and construct new PCC 8 Sidewalk, 4" thick, as listed per Appendix D: Concrete Repair Location Index and SF 9,116 $ / " ' $ !t'�f; t tom' per SPPWC, Std, Plan No. 112-2. Remove existing and replace PCC 9 driveway approach per SPPWC Std Plan 110-2 to match existing. Type will be SF 3,781 j $ I T7 $ a 2 ; 1 J' determined in the field by City representative. Remove existing and construct new PCC gutter/cross gutter, as listed per Appendix 10 D: Concrete Repair Location Index and per SPPWC, Std. Plan No: 122-3 & 123- 3. Work shall include AC slot patch SF 1,144 (reconstruction of 1 Foot Strip X 8' Deep of AC Pavement Section), Remove existing and construct new PCC 11 curb and gutter, as listed per Appendix D: Concrete Repair Location Index and per LF 1,036 $ $ n G'; 7 L SPPWC, Std. Plan No: 120-3, to match existing, complete and in dace. 12 Traffic Control and Mobilization LS 1 $ ��' $ �, !6, 0 TOTAL BID AMOUNT IN NUMBERS $ J 71,653-64 TOTAL BASE BID AMOUNT IN WORDS: l2' Ur HU i o{rr.oL L Ve -..7+j J`�1tii.'SCvtaa,E, F7{-1,,j-T/,,.c-rc�. 1c�lr-r5 �:-•,,.-nt.- .S�,rfi�f - c''-_'�f C.rs' The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. In the case of discrepancies in the amount of bid, unit prices shall govern over extended Full compensation for the items listed to the right as Items A, B, C, D and E are considered as inclusive in each Bid Item listed above in the Base Bid Schedule and Additive Alternate Bid Schedule as applicable, and no additional and/or separate compensation will be allowed. / Demobilization B. Traffic Control C. NPDES, W WECP, and Best Management Practices (BMPs), Public Convenience and I D. Construction Stakine by Land Survevor I I E. Clearine and Grubbine I CBF -3 BIDDER: CTBT Concrete Paving Inc. The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the wfitten amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract CBF -4 BIDDER: CT&T Concrete Paving Inc. resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed within the working days specified on the Notice Inviting Bids. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subiect to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: Jose Carvajal 04/12/2023 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. 1 Dated 04/07/2023 Addendum No. Dated Addendum No. Dated Addendum No. Dated CBF -5 BIDDER: CT&T Concrete Paving Inc. PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not 2 been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after 'has' or 'has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _ No X If the answer is yes, explain the circumstances in the following space. CBF -6 BIDDER: CT&T Concrete Paving Inc. PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -7 0 Jose Carvajal Type or Print Name President Title BIDDER: CT&T Concrete Paving Inc. 324 S. Diamond Bar Blvd, PMB 275 Business Street Address Diamond Bar, CA 91765 City, State and Zip Code 909-629-8000 Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: M. Bidder's License Number(s): 875627 Department Industrial Relations Registered No. NOTES: 1000025154 By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. If Bidder is a corporation, enter State of Incorporation in addition to Business Address If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -8 BIDDER: CT&T Concrete Paving Inc. SECTION 2 BID DATA FORMS CBF -9 BIDDER: CT&T Concrete Paving, Inc. Bidder shall submit its Bid data in accordance with the tixntat shown on each of the 101lowing 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 TI IESE PRFSI-:NTS: THA -I- CT&T Concrete Paving, Inc. as Principal, and Contractors Bonding and Insurance Company _ _ _ _ as Surety, are held firmly bound unto the CITY OF 14 SEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Total Bid Amount DOLLA ..A R S ($ 10% of Total Bid Amount ). 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 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated April 13, 2023 NOW, THEREFORE-:, if said Principal is awarded a Contract lbr the Work by the OWNER and, within the [lite 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 fix labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void: otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER andjudgment is recovered, said Surety shall pay all costs incurred by the OWNER ill such suit. including reasonable attorneys' lees to be fixed by the court. SIGNED AND SEALED. this 7th day of April 23 Contractors Bonding and CT&T Concrete Paving, In p. - (SEAL,) Insurance Company Princi:1g11 Surety u = Signature Emi e G ge, Attorney -in -Fact CBF -10 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On I0. 7z-f.,z-z, before me, Daniel A. Butler, A Nota ublic —(ee ,mom the •7♦iie-uercal personally appeared TC s G s who proved to me on the basis of satisfact ry evidence to be the person(s) whose name( -s) Is re subscribed to the within instrument and acknowledged to me that <Bthefthey executed the same in Is erttheir authorized capacity(ies), and that by Is erftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. BUTLER WITNESS my hand and official seal. oma F? Notary publiic- cathrnia Los Angeles County MY Notary Cantu. Fxdras PAaY2 X128 Notary Public Signature (Notary Public Seal) W11110111WO-11111111 OF THE ATTACHED DOCUMENT (TNe or description of aCached dowmenQ (Tile or descnptlon oto/ached document continued) of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other vrrrtr.NotaryC:lassas.,xm 80E1-873-9ao5 INSTRUCTIONS FOR COMPLETING TIIIS FORM JN Phisform complies with cnurenl Callforma statures regarding notary wording and if needed( should be completed and attached to the document. Acknowledgments from other states may be compietadfor documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County inforalion must be the State and Comity where the document signetts) personally appeared before the notary public for acknowletlgmem. • Date of notarization must be the date tint the siyter(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or bar Commission followed by a connna and then your title (notary public). • Print the name(s) of document signals) who personally appear at the time of notarization. • Indicate die corset singular or plural forms by crossing off inciureet fors (i.e. he/shdthey� is/am)or circling the correct forms. Failure to correctly indicate this infuriation may lead to rejection of document recording. • The notary seal impassion most be clear and photographically reproducible. Impression most not cover teat or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment Turin. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional infuriation is not required but could help to ensure this acknowledgment is net misused or attached to a different document. Indicate title or type of attached document. number of pages unit date. e Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO. Secretary). • Securely attach this document to the signed document with a staple, ARIZONA NOTARY ACKNOWLEDGMENT State of Arizona County of Maricopa On this APR 0 7 2023 before me Danielle Hanson [Name of Notary Public] personally appeared Emilie George whose identity was proven [Name of Signer] to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the above/attached document. (Seal) [Affix Seal Here] Witness my hand and official seal. I rr Signature of Notary Public POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9035 N. Lindixngh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know AM Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed. but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation. (separately and together, the "Company") do hereby make, constitute and appoint: Yung T. Mullick. James W. Mailmen, P Austin `Jeff. Irene Luong Emilie George Danielle Hanson Christine Woolford Alexander R Holsheimer, jointly or severally in the City of Mission Viejo , State of California its true and lawful Agent(s) mid Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars (_ $25,000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall he as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a toe and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit - "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the naive of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 15th day of February 2023 . .. " ro RLI Insurance Company •s.cano,y'.. ,dam` pAHCF06, � 4 ('ontractors Bonding and Insurance Company ee'ron.r�,. CAn r� EAL.�V SEAL,`y Barton W. Davis Vice ]'resident :a. State of Illinois ", aameK ,'9a.,,�Q(tN0\g„ec•• SS County of Peoria J} CERrIF'ICAfE On this 15th day of February . 2023 , beliue me. a Notary Public, personally appeared Barton W. Davis , who being by me duly swum. acknowledged that he signed the above Power of Attorney as the alixesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to he the voluntary act mid deed ofsaid corporation. By: �• G.psavcJ-' Catherine D. Geiger 9 Notary Puhlie CATHERINE D. GEIGER wazcOFFICIAL SEAL Notary Public - Stene of Illinois My Commission Expres �06T” December 05.2026 I. the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company. do hereby cerlify that the attached Power of Attorney is in full force and effect and is irrevocable: and Ibrthermore. that the Resolution of the Company as set forth in the Power of ,Attornev, is now in force. In testimony whereol: I hme hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 7th day of April . 2023 . RLI Insurance It ompany Contractors Bonding and Insurance Company By: _ `.t�13 +f-- Z. Jelfrey 1I ic��C'orporate SecretanSecretan Ni .5.121,11 A0058D19 BIDDER: CT&T Concrete Paving Inc. 2.13 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of I percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion 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 ofthe 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 Contractors total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -11 BIDDER: CT&T Concrete Paving 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 Tree Service Inc Tree Removals Address:10815 Brockway Ave, EI Monte, CA License No.: 1 n5B347 Department of Industrial Relation Registration No. PW -LR -1000513678 Name and Location of Subcontractor Description of Work to be Subcontracted Name: V&A Tree Service Tree Planting Address: 13221 Rainbow Street, Garden Grove CA 92843 License No.: 904457 Department of Industrial Relation Registration No, 100n028274 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: License No.: Department of Industrial Relation Registration Name and Location of Subcontractor Name: Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration CBF -12 BIDDER: CT&T Concrete Paving 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: i of Rancho Palos' Name and Address 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 Owner Anthony Flores, 562-547-8555 Name and telephone number of person familiar with project $242,088.00 ADA Curb Ramp Improvements 3/31/2023 Contract amount Type of Work Date Completed 2. City of Orange, 300 E. Chapman Ave, Orange, CA 92866 Name and Address of Owner Salvador Munoz, 714-7445547 Name and telephone number of person familiar with project Annual Concrete Replacement $775,280.00 at Various Locations 07/21/2022 Contract amount Type of Work Date Completed 3. City of Moreno Valley, 14177 Frederick St, Moreno Valley, CA 92553 Name and Address of Owner Quang Nguyen, 951-413-3159 Name and telephone number of person familiar with project $651,300.00 ADA Curb Ramp Improvements 08/30/2022 Contract amount Type of Work Date Completed CBF -13 BIDDER: CT&T Concrete Paving Inc. 4. Los Angeles County Department of Public Works, 900 S. Fremont Ave, Alhambra, CA 91804 Name and Address of Owner Cesar Orellana, 562-869-1176 Name and telephone number of person familiar with project $3,000,000.00 Parkway Concrete Maintenance 08/03/2022 Contract amount Type of Work Date Completed CBF -14 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On 12 -"- 7-z)z before me, Daniel A. Butler, A Nota PubH / ere smart remea c e Iced personally appeared jvs who proved to me on the basis of satisfactory evidence to be the person(* whose name(,,) `,,(Mare subscribed to the within instrument and acknowledged to me that the/they executed the same inff�yherltheir authorized capacity(ies), and that by Is erltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ky Catlm. Fxpres Mayz10Z6 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Thisform complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed fmdocuments being sent to that state so long as the wording does not require the CaIjibrma notary to violate California notary law. (Title or deacdpfion of attached document) • Stare and County inr'omration must be the State and Cowity where the document signer(s) personally appeared before the notary public for acknowledgment. --------- --- -. ------------ • Date of notarization must be the date that the signer(s) personally appeared which (TNe or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages _ Document Date commission followed by a comma and then your title (noon, public). • Print the name(,,) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual (s) he,'she'they,- is rare) or circling the comet forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer a The notary seat impression must be clear and photographically reproducible. lmpnssion must not cover text in lines. If seal impression smudges, re -seal if a . (Title) sufficient area permits, otherwise complete a different acknowledgment fort. ❑ Partner(s) • Signature of the notary public must match the signature on rile with the o1Tw of the county clerk. [J Attorney -in -Fact } Additional information is not required but could help to ensure this L] Trustee(s) - acknowledgment is not misused or attached to a different document. ❑ Other J Indicate title or type of attached document. number of pages and date. Indicate the capacity claimed by die signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). 'tant.NntaryClasses.cnm G00-HT.3l' r Securely attach this document to the signed document with a staple. Attachment B Project Bid Package CITY OF ROSEMEAD CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 FISCAL YEAR 2022-2023 A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT* 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: THURSDAY, APRIL 13, 2023 AT 10:30 AM *THIS PROJECT IS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 TABLE OF CONTENTS BIDDING DOCUMENTS 1. Notice Inviting Bids............................................................ NIB- 1 - NIB -2 2. Instructions to Bidders..............................................................ITB-1 -ITB-10 3. Contract Bid Forms............................................................CBF-1 -CBF-16 CONTRACT AGREEMENT Contract Agreement and Insurance Requirements 2. Performance Bond 3. Payment Bond CONTRACT APPENDIX Part "A" General Provisions.........................................GP-1 — GP -34 Part 'B" Supplemental General Conditions ......................GC -1 — GC -10 Part "C" Technical Provisions......................................TP-1 —TP -1 Part "D" Appendix Appendix A — Federal Requirements Appendix B — Standard Plans (from SPPWC 2021 Edition) Appendix C —City of Rosemead Quadrant Map Appendix D — Concrete Repair Location Index Appendix E — Garvey Dog Park City of Rosemead, Califomia Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009 CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 INSTRUCTION TO BIDDERS City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009 INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. 1. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the City's PlanetBid portal. Contractors can register as a vendor and download the documents by visiting the PlanetBid Portal(https://pbsystem.planetbids.com/portal/54150/portal-home). Hard copy of the bid package will not be mailed. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via email or facsimile to the Owner's Project Engineer. Any response that the Owner may choose to make forpurposes of interpretation or clarification, will be in writing and made available to all the listed holders of the Bid Documents. The Owner will respond to all written/faxed/email Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of the Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" General Conditions Part "B" Supplementary General Conditions ITB -1 City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009 Part "C Technical Provisions Part "D" Appendix 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 ofthe 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 ITB - 2 City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009 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. 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 orprovisions 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 particularjoint 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 bejointly 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 ITB - 3 City of Rosemead, Califomia Cftywide Sidewalk, Curb & Gutter Replacements, Project No. 24009 awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form furnished by the Owner, or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all Bidders their Bid guarantees 11. SUBNIISSION OF SEALED BIDS Once the Bid and supporting documents herein have been completed and signed as set forth above, they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials required by these instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the following in the lower left-hand comer thereof: Bid of (Insert Name of the Company) for CITYWIDE SIDEWALK CURB & GUTTER REPLACEMENTS 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. Alternatively, bids can be submitted electronically through PlanetBids at: httr)s://i)bsystem.121anetbids.com/r)ortal/54150/aortal-home 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 ITB - 4 City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009 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 famish 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 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 twentyfour (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING AND REGISTRATION REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Pursuant to Section 1725.5 of the Labor Code, all bidders must be registered with the Department of Industrial Relations to be qualified to bid on this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted and be registered with the Department of Industrial Relations. Pursuant to Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the III:II.7 City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009 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 orotherentity that has submitted a subproposal to abidder, orthat has quoted prices ofmaterials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do business in California, and satisfactory to the Owner. 19. REQUIRED BIDDER CERTIFICATIONS Bidders must comply with the following: A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to various information, including but not limited to, the accuracy of the representations made in the Contract Bid Forms. B. NON -COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each Bidder must execute and submit with its bid the statutorily mandated non -collusion affidavit included in the Bid Documents. 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. ITB - 6 City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009 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 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, ITB - 7 City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009 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 property 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% of the 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. If the Bidder is ajoint 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. ITB - 8 City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009 (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda - Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. B. List of Proposed Subcontractors (Forms). State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one-half of one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent (0.5%) of the Total Bid Price. (2) Location. For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type/portion of work to be performed in the Contract. (4) Contractor License Number. For listed Subcontractors, list the contractor license number issued to the Subcontractor by the California Contractors State License Board. ITB -9 City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements, Project No. 24009 (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 willfully 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 ITB - 10 City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements Project No. 24009 CITY OF ROSEMEAD NOTICE INVITING BIDS NIB No. 2023-06 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive electronic bids through PlanetBids at: httys://Pbsystem.i)lanetbids.com/porLaU54150/portal-home OR sealed bids at the City Clerk's office, City Hall, 8838 Valley Blvd, Rosemead, CA 91770 up to 10_30 O'clock a.m. on Thursday, the 131" day of April, 2023. Electronic and hardcopv bids will be publicly posted on PlanetBids and City's website. CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 Bidders shall attend a mandatory pre-bid meeting to acquaint Bidders with the contract requirements and site conditions that may affect the work. The mandatory pre-bid meeting will be held on Tuesday, April 4'h, 2023 at 10:00 A.M. in the Rosemead Community Recreation Center at 3936 Muscatel Avenue. The City will only consider Bids submitted by those Bidders who attend the Mandatory Pre -Bid Meeting. AU other bids will be considered non-responsive and subject to rejection. The project consists of removal and replacement of concrete sidewalk, curb and gutter, driveway approaches, and curb ramps Citywide as indicated on the construction plans, including tree removals, tree replanting and other incidental and appurtenant work necessary for the proper completion of the project. The engineer's estimate for this project is in the range of $550,000. The successful bidder shall have THIRTY (30) 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 from the City's PlanetBids portal. Contractors can register as a vendor and download the documents by visiting the PlanetBids Portal (bttys://Pbsystem.planetbids.com/portal/54150/portal-home). Hard copy of the bid package will not be mailed. SB 854 Requirements: This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a printout 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 N113-1 City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements Project No. 24009 above. [Unless within the limited exceptions from this requirement forbid 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. No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date. FEDERAL CONTRACT PROVISIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT Davis -Bacon Act and Copeland Anti -Kickback" Act.: This contract will be funded in whole or in part with federal housing and community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements ofthe Davis - Bacon and Related Acts will be enforced. To the extent this Contract is for construction services in excess of $2,000, the CONTRACTOR agrees at all times during the term of this Contract to comply with and abide by: (i) the terms of the Davis -Bacon Act(codified at 40 U.S.C. § 3141 et seq., as supplemented by regulations at 29 CFR Part 5), and that such terns and regulations are a part of this Contract and incorporated herein by this reference; and (ii) the terms of the Copeland "Anti -Kick Back" Act ( codified at 40 U.S.C. § 3145 et seq., as supplemented by 29 CFR 3), and that such terms and regulations are a part of this Contract and incorporated herein by this reference. This project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk's office, and is also available online at htto://www.dir.ca.goy/dlsr/. Apprenticeship Program: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices. Section 3 Statement: To the extent this Project is funded in excess of $200,000, Section 3 regulations are required. Found under 24 CFR Part 75, the purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD financial assistance are, to the greatest extent feasible, directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, to the extent this Contract meets the definition of a "federally assisted construction contract" as set forth in 41 CFR Part 60-1.3, the CONTRACTOR agrees at all times during the term of this Contract to comply with and abide by the following: (i) that the equal opportunity clause ("Equal Opportunity Clause") is part of this Contract and incorporated NIB- 2 City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements Project No. 24009 herein by this reference in 41 CFR 60-1.4(b) in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and (ii) the regulations implementing the Equal Opportunity Clause at 41 CFR Part 60 and that such implementing regulations are a part of this Contract and incorporated herein by this reference.). Debarment and Suspension Certification: The Contractor certifies that neither Contractor nor any of Contractor's agents, sub -contractors or employees who may perform services under this contract are debarred, suspended or excluded from participation in any federal assistance programs in accordance with Executive Orders 12549 and 12689 and its implementing guidelines. The Contractor agrees to immediately notify the Federal awarding agency if the Contractor or any of the Contractor's agents, sub -contractors or employees who may perform services under this contract become debarred, suspended or excluded from participation in federal assistance programs or federal contract transactions. Contract Work Hours and Safety Standards Act: To the extent this Contract is in excess of $100,000 and involves the employment of mechanics or laborers, the Contractor agrees at all times during the term of this Contract to comply with and abide by the terms of the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq., as supplemented by regulations at 29 CFR Part 5, and that such terms and regulations are a part of this Contract and incorporated herein by this reference. Byrd Anti -Lobbying Amendment Certification: To the extent this Contract is in excess of $100,000, the CONTRACTOR certifies that neither the CONTRACTOR nor any of the CONTRACTOR's agents, sub -contractors or employees who may perform services under this Agreement have not used and will not use any Federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. The CONTRACTOR agrees to immediately notify the Federal awarding agency if the CONTRACTOR or any of the CONTRACTOR's agents, sub -contractors or employees who may perform services under this Agreement influence or attempt to influence any officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Conflict of Interest: In the procurement of supplies, equipment, construction, and services by sub -recipients, the conflict of interest provisions in 2 CFR 200.112 and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the subrecipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. The Contractor represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Agreement, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one percent (l %) or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with the City. Upon execution of this Agreement and during its term, as appropriate, the Contractor shall disclose in inm= City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements Project No. 24009 writing to the City any other contract or employment during the term of this Agreement by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the City's interest and the interests of the third parties. The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "A" license in good standing at the time Bids are received. The Council reserves the right to reject any and all bids and to waive arry informality, technical defect, or minor irregularity In anv 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 April 25°i, 2023. This project is funded in part by the U.S. Department of Housing and Urban Development ("HUD"). Consistent with federal regulations found in 24 CFR 135, participation on this contract is applicable to "Section 3" requirements pursuant to 24 CFR 135.3(d). Bidders shall refer to the Instructions to Bidders for additional information regarding "Section 3" requirements. Dated this March 22, 2023 Ericka Hernandez City Clerk Publish: March 23`d & 301', 2023. NIB -4 CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 SECTION 1 -BID SCHEDULE CONTRACT BID FORMS CBF -1 BASE BID SCHEDULE SCHEDULE OF PRICES FOR CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 N0. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST Remove existing mature trees uplifting 1 sidewalk. EA 38 $ $ Install new 24 -inch box tree, per SPPWC 520-4 (lagerstroemia indica'Muskogee' or 2 Cercis canadensis'forest pansy). Work EA 34 $ $ shall include restoration of parkway to match grade and elevation. Remove existing and construct new PCC ADA ramps, as listed per Appendix D: Concrete Repair Location Index and per 3 SPPWC, Std. Plan No: 111-5. Case and EA 13 $ $ type will be determined in the field by City representative. Install truncated domes at each location, as listed per Appendix D: Concrete 4 Repair Location Index. Remove 3x4' EA 9 $ $ concrete segment of curb ramp and install cast in place truncated domes per SPPWC Std. Plan No: 111-5. Install 4" PCC pathway at Garvey Center (9108 Garvey Ave) and set slope to drain away from the existing building. Work shall include installation of 5 weatherproofing material / concrete vapor SF 236 $ $ barrier across the exposed building's spread footing to keep water intrusion into the building prior to pouring PCC. Means & method shall be industry standard for "Basement Water rcoiling Barrier" Install an 8 -inch retaining curb at Garvey 6 Park 7933 Emerson PI, as detailed on LF 265 $ $ Appendix F: Garvey Dog Park. Remove and replace PCC curb and gutter per SPPWC STD Plan 120-3 to 7 match existing. Work shall include LF 20 $ $ replacement of metal curb edge and AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). CBF -2 [.1101:11 N0. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST Remove existing and construct new PCC 8 Sidewalk, 4" thick, as listed per Appendix D: Concrete Repair Location Index and SF 9,116 $ $ per SPPWC, Std. Plan No. 112-2. Remove existing and replace PCC driveway approach per SPPWC Std Plan 9 110-2 to match existing. Type will be SF 3,781 $ $ determined in the field by City representative. Remove existing and construct new PCC gutter/cross gutter, as listed per Appendix D: Concrete Repair Location Index and 10 per SPPWC, Std. Plan No: 122-3 & 123- SF 1,144 $ $ 3. Work shall include AC slot patch (reconstruction of 1 Foot Strip X 8" Deep of AC Pavement Section). Remove existing and construct new PCC curb and gutter, as listed per Appendix D: 11 Concrete Repair Location Index and per LF 1,036 $ $ SPPWC, Std. Plan No: 120-3, to match existria. , com lete and in place. 12 Traffic Control and Mobilization LS 1 $ $ TOTAL BID AMOUNT IN NUMBERS $ TOTAL BASE BID AMOUNT IN WORDS: The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. In the case of discrepancies in the amount of bid, unit prices shall govern over extended Full compensation for the items listed to the right as Items A, B, C, D and E are considered as inclusive in each Bid Item listed above in the Base Bid Schedule and Additive Alternate Bid Schedule as applicable, and no additional and/or separate compensation will be allowed. A. Mobilization / Demobilization C. NPDES, W WECP, and Best Management Practices (BMPs), Public Convenience and D. Construction Staking by Land Survevor I E. Clearing and Grubbing CBF -3 BIDDER: The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (I) 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 CBF -4 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 proiect is not completed within the working days specified on the Notice Inviting Bids The Contract Time will begin to run ten (t 0) Working Days from the date of the Notice of Proceed and subiect to the terms and conditions described in the Contract Form and the Contract Documents Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated CBF -5 PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not' in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. CBF -6 PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -7 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: Business Street Address City, State and Zip Code Telephone Number I) 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. CD] WW SECTION 2 BID DATA FORMS CBF -9 Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of (S ), 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 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS —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 in Signature Surety By: Signature CBF -10 2.11 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of I percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF - 11 1011157"; 2.13 LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location of Subcontractor Name: Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. CBF -12 2.0 The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -13 H Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -14 SECTION 3 NON -COLLUSION AFFIDA VIT CBF -15 NON -COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly swom, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Typed or Printed Name Title Bidder Subscribed and sworn before me This day of 20 Notary Public in and for the State of California My Commission Expires: CBF -16 (Seal) CONSTRUCTION CONTRACT CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT (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 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project') as set forth in this Contract. 3.1 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 Company Name Page 2 of 11 hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to Month, Date and Year unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Ben Kim, or his designee, to act as its representative for the performance of this Contract ("City's Representative'). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Project Manager, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and Company Name Page 3 of 11 procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees Company Name Page 4 of 11 appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days priorwritten 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 Company Name Page 5 of 11 compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Dollar Amount in Word Format Dollars (Numerical) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All Company Name Page 6 of 11 such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Company Name Address City, State, Zip Code Attn: Project Manager's Name Tel: (000) 000-0000 City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Company Name Page 7 of 11 party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. Company Name Page 8 of 11 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 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, Company Name Page 9 of 11 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 it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] Company Name Page 10 of 11 CITY OF ROSEMEAD Ben Kim, City Manager Attest: Date Ericka Hernandez, City Clerk Approved as to Form: uate COMPANY NAME By: _ Signature Date Name: Print [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] LIM Rachel Richman, City Clerk Date Name: Company Name EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL 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 thatwill 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 Company Name the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, Company Name officials, employees, agents, and volunteers shall be additional insurer under such policies 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. Company Name 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 Company Name shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 PERFORMANCE BOND 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 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing parry shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing parry 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 PERFORMANCE BOND - I to be performed thereunder, or the specifications 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 Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on , 20 Principal/Contractor By: President Surety By: Attorney -in -Fact The rate of premium on this bond is per thousand. The total amount of premium charged, $ (The above must be filled in by corporate surety.) PERFORMANCE BOND - 2 STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of , in the year , before me, 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 Attomey-in-Fact. (SEAL) My Commission expires Notary Public in and for said State PERFORMANCE BOND - 3 CERTIFICATE AS TO CORPORATE PRINCIPAL I> certify that I am the Secretary of the corporation named as principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PERFORMANCE BOND -4 CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 PAYMENT BOND PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (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 existing under the laws of the State of Contractor, as Principal and corporation organized and 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 PAYMENTBOND-1 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 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 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 CERTIFICATE AS TO CORPORATE PRINCIPAL I, Secretary of the corporation named was then certify that I am the as principal in the attached bond, that who signed the said bond on behalf of the principal 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. PAYMENTBOND-4 CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 PART "A" GENERAL PROVISIONS Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2021 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications"), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made a part hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2018 edition, only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans", it shall mean the Standard Specifications for Public Works Construction ("Green Book"), 2021 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS - 1 PART 1 - GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 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 GENERAL PROVISIONS - 2 Contract. The Contractor shall designate such representative in writing to the City. The Contractor's Representative shall be available to the City and its agent's at all reasonable times. Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "City's Representative" in the Contract Documents. Liquidated Damages - the amount prescribed in the Contract form, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Contract Documents. Notice to Contractors - Notice Inviting Bids Project - The total and satisfactory completion of the project noted in the Contract Documents, as well as all related work performed in accordance with the Contract, including but not limited to, any alternates selected by the City. Project Site - All of the property and/or facilities of the City where the Work will be performed pursuant to the Contract, as well as such adjacent lands as may be directly affected by the performance of the Work. Recyclable Waste Materials - Materials removed from the Project site which is required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. Special Provisions - Any provisions which supplement or modify the Standard Specifications, including these General Conditions (Part "A"), the Supplementary General Conditions (Part `B") and the Technical Provisions (Part "C"). Total Bid Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. Also sometimes referred to as the "Contract Price" in the Standard Specifications and other Contract Documents. - END OF SECTION - GENERAL PROVISIONS - 3 SECTION 2 SCOPE AND CONTROL OF WORK The project consists of removal and replacement of concrete sidewalk, curb and gutter, driveway approaches, and curb ramps citywide as indicated on the construction plans, including tree removals, tree replanting and other incidental and appurtenant work necessary for the proper completion of project as indicated in the appendix and other related work as described in the plans and specifications. 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 GENERAL PROVISIONS - 4 Contractor until the Contractor provides the aforementioned Subcontractor bonds to the Contractor." 2-5 PLANS AND SPECIFICATIONS 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 GENERAL PROVISIONS - 5 detailed or explained on the Plans or in the Specifications, the Contractor shall request the City's Representative for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the Contract, so far as may be consistent with the intent of the original Specifications. In the event of doubt or questions relative to the true meaning of the Specifications, reference shall be made to the Engineer, whose decision thereon shall be final." 2-7 SUBSURFACE DATA 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 GENERAL PROVISIONS - 6 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." 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. GENERAL PROVISIONS - 7 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." "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 GENERAL PROVISIONS - 8 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 transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of the Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, this Contract shall be void. No approved transfer shall release the Contractor or any surety of the Contractor of any liability hereunder without the expressed written consent of the City." END OF SECTION - GENERAL PROVISIONS - 9 SECTION 3 CHANGES IN WORK 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: 113-2.2.1 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." GENERAL PROVISIONS - 10 "When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $5,000 at the applicable Contract Unit Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor." "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 GENERAL PROVISIONS - 11 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." 3-3 EXTRA WORK 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 24 percent (includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (Isttier only) 5 percent 6) Lower tier subcontractors 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: GENERAL PROVISIONS - 12 "Contractor shall have the sole responsibility for satisfying itself concerning the conditions, nature and location of the Project and the Work to be performed, as well as the general and local conditions. Such conditions shall include, but shall not be limited to, local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could in any way affect the Work or the costs thereof. The Contractor is solely responsible for understanding the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. The failure of the Contractor to acquaint himself with all available information regarding any applicable existing or future conditions shall not relieve him from the responsibility for properly estimating either the difficulties, responsibilities, or costs of fully and adequately performing the Work according to the Contract Documents." - END OF SECTION - GENERAL PROVISIONS - 13 SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General. Section 4-1.1 of the Standard Specifications shall be amended in its entirety to read as follows: "It is the intent of the City in drafting the Contract Documents to accept only first-class work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal to samples when such samples are required. Used or secondhand materials, parts and equipment may be used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of Work shall be in strict accordance with generally accepted standards. Material, parts, equipment and Work quality shall be subject to the approval of the City's Representative. All materials, parts and equipment used and installed, and all details of the Work done, shall at all times be subject to the supervision, test and approval of the City's Representative. The City's Representative shall have access to the Work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work." "All materials, parts, equipment or Work which are defective in their construction or deficient in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction work. Any Work done beyond the lines shown on the Plans or established by the City's Representative, or any extra work done without written authority, will be considered unauthorized and will not be paid for by the City. Upon Contractor's failure to comply promptly with any order of the City's Representative made under the provisions of this Section, the City's Representative shall have authority to cause such defective or unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the Work is found to be in compliance with these specifications, the City's Representative will furnish the Contractor with a certificate to that effect." 4-1.2 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." GENERAL PROVISIONS - 14 "Until the final written acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance, and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for all materials and the protection of Work already completed, and shall properly store and protect them, if necessary. Contractor shall provide suitable drainage and erect temporary structures where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of property in materials used after they have been attached or affixed to the Work or the soil upon City real property. All such materials shall, upon being so attached or so affixed, become the property of the City." "Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage valued in excess of five percent (5%) of the Contract Price if such damage was caused by an earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public Contract Code Section 7105. If provided for in the Contract Bid Forms, however, Contractor shall provide insurance to protect against such damages." 4-1.4 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 GENERAL PROVISIONS - 15 tested as required by the City's Representative to determine that the quality, strength, physical, chemical or other characteristics, including durability, finish, efficiency, dimensions, service and suitability are such that the item will completely and adequately fulfill its intended function." 4-1.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications as follows: "The Contractor shall place the order(s) for all long -lead supplies, materials, and equipment, for any traffic signing, striping, legends and traffic control facilities within 3 working days after the award of Contract by the Owner. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within 15 working days from the date of said award of Contract." 4-1.10 Removal of Interfering Obstructions. Section 4-1.10 shall be added to the Standard Specifications to read as follows: "The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work." 4-1.11 Procedure in Case of Damage to Public Property. Section 4-1.11 shall be added to the Standard Specifications to read as follows: "Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at his own cost, free of all charges to the City. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid Forms and Specifications and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during his operations), shall be paid to the Contractor at the unit prices submitted in his Bid." 4-1.12 Diversion of Recyclable Waste Materials. Section 4-1.12 shall be added to the Standard Specifications to read as follows: "In support of the Owner's waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials, as defined in the Contract Documents, to appropriate recycling centers rather than area landfills. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by Owner to document Contractor's compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor." - END OF SECTION - GENERAL PROVISIONS - 16 SECTION 5 UTILITIES 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." GENERAL PROVISIONS - 17 5-5 DELAYS 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 I and 2 of the California Government Code (Sections 4215 and 4216) are incorporated by reference as if fully set forth herein. In the event of any conflict between the Standard Specifications and Government Code Sections 4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall prevail. Contractor should pay particular attention to the provisions of Section 4215 with regards to the relocation of utilities, the costs thereof, delays caused thereby and the indication of service laterals and appurtenances." "The right is reserved to the owners of public utilities or franchises to enter upon the streets for the purpose of making repairs or changes in their property which may be necessary as a result of the Work. Employees of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements." "Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison's secondary, primary and transition facilities. The term "qualified person" shall mean one who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by all Subcontractors." - END OF SECTION - GENERAL PROVISIONS - 18 SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The second paragraph of Section 6-1 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 GENERAL PROVISIONS - 19 materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5) when the Contractor fails or refuses to commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (6) when the Contractor fails or refuses to maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (7) when the Contractor fails or refuses to execute the Work in a manner and at such locations as specified in the Contract Documents; (8) when the Contractor fails or refuses to maintain a Work program which will insure the Agency's interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract; or (10) when the Contractor fails or refuses in any other respect to prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contract. The Contractor shall immediately comply with any written order from the City's Representative and shall not resume operations until so ordered in writing." 6-4 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 GENERAL PROVISIONS - 20 employees and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. In such accounting, the City shall not be held to obtain the lowest figure for the Work for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a sum which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall exceed the amount payable under the Contract, then the Contractor shall pay the amount of the excess to the City upon completion of the Work without further demand being made therefore. In the determination of the question as to whether or not there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the Contract." 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 of the Contractor's written assertion that the Work has been completed. If, in the sole discretion of the City's Representative, the Work has been completed and is ready for acceptance, the City's Representative will notify the City Clerk that the Contract has been completed in its entirety. The City's Representative shall request that the City accept the Work and that the City Clerk be authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work" "The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City's Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof." "The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of One Hundred Percent (100%) of the Contract. Said bond shall remain in force for a period of one (1) year after GENERAL PROVISIONS - 21 the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1) year period." "The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials. Further, the certificate of final payment shall not terminate the Contractor's obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof." 6-9 LIQUIDATED DAMAGES. Section 6-9 of the Standard Specifications shall be amended in its entirety to read as follows: "Contractor agrees that if the Work is not completed within the Contract Time and/or pursuant to any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the District will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the District as fixed and liquidated damages the sum specified in the Contract form for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. Liquidated damages may be deducted from any payments or other funds owing to Contractor, including progress payments, the final payment and retentions." 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 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 sem. 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 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract." "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." GENERAL PROVISIONS - 23 "7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with law. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids." 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 1 - Acre Of Disturbed Soil GENERAL PROVISIONS - 24 All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requirements as defined in Table 2-1. Table 2-1 Minimum Water Quality Protection Requirements for Construction Projects Category Minimum Requirements BMPs 1. Sediment Sediments generated on the project site shall be retained Sediment Control using adequate Treatment Control or Structural BMPs. Control 2.Construction Construction -related materials, wastes, spills or residues Site Materials shall be retained at the project site to avoid discharge to Management; Control streets, drainage facilities, receiving waters, or adjacent Material and properties by wind or runoff. Waste Non -storm water runoff from equipment and vehicle Management washing and any other activity shall be contained at the project sites. 3. Erosion Erosion from slopes and channels shall be controlled by Erosion Control implementing an effective combination of BMPs, such as Control the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Please refer to the California Stormwater Quality Association's Construction Handbook available for free on their website (www.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 I -Acre of soil will be disturbed. The SWPPP will include strategies for reducing runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP may also be required for projects smaller than 1 -Acre if the City designates the project a threat to water quality objectives. GENERAL PROVISIONS - 25 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) you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 41. Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576-6600; Fax: (213) 576-6640 Internet Address: httn://www.swrcb.ca.gov/—rwgcb4 The SWPPP shall include: • The name, location, period of construction, and a brief description of the project; • Contact information for the owner and contractor; • The building permit number for the project; • The grading permit number for the project (where applicable) • A list of major construction materials, wastes, and activities at the project site; • A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; • A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; • Non -storm water discharges, their locations, and the BMPs necessary to prevent the discharge; • A maintenance and self -inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and • A certification statement that all required and selected BMPs will be effectively implemented. Within 7 days after the City has certified the contract, the Contractor shall submit two 2 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re- submit the document within 7 days of their receipt of the City's comments. The City shall then have 7 days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. C. Best Management Practices GENERAL PROVISIONS - 26 The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmnhandbooks.coml in conjunction with all activities and construction operations: I. Construction Practices (NS2, NS3, NS4, and NS6) 2. Material and Waste Management (WMO1, 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 Los Angeles County DPW P.O. Box 2313 Cashier's Office Livermore, CA 94551 900 South Fremont Avenue www.cabmphandbooks.com Alhambra, CA 91803 Tel. No. (626) 458-6959 D. Implementation The Contractor will be responsible throughout the duration of the project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor's activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil -disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil -disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction GENERAL PROVISIONS - 27 scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this section, "Water Pollution Control". Unless otherwise directed by the City, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work. E. Sewage Spill Prevention The Contractor's attention is directed to the sewer bypass operation required during any sewer construction (Standard Specification for Public Works Construction Section 500.1.2.4). The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor's expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. F. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to the following two (2) City Departments: Public Works/ Engineering (626) 569-2150 Public Safety Department (626) 569-2292 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors, to be reached during emergency and off -hours. The City will notify the following: Los Angeles County Department of Health Services (213) 974-1234 Los Angeles County Department of Public Works (800) 303-0003 Regional Water Quality Control Board (213) 576-6665 or 6600 State Office of Emergency Services (800) 852-7550 GENERAL PROVISIONS - 28 (For any significant volume of material that entered the storm drain or receiving water) G. Sewage Spill Written Notification The Contractor shall prepare and submit a written report within three (3) working days from the occurrence of a spill to the City, (Attention: Project Manager). This report shall describe the following information related to the spill: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring H. Enforcement The City, as a permittee, is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall be responsible for all costs and liabilities imposed by law as result of the Contractor's failure to comply and/or fulfill the requirements set forth in Section 7.09 - "Water Pollution Control". The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. I. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. J. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except GENERAL PROVISIONS - 29 those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefore. 7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added to the Standard Specifications to read as follows: "The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor." 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: GENERAL PROVISIONS - 30 "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 11 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: "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, GENERAL PROVISIONS - 31 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 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 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)." GENERAL PROVISIONS - 33 "No separate payment will be made for any item that is not specifically set forth in the Contract Bid Forms, and all costs therefor shall be included in the prices named in the Contract Bid Forms for the various appurtenant items of work." 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 seg." "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 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 PART "B" SUPPLEMENTAL GENERAL CONDITIONS CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 SUPPLEMENTARY GENERAL CONDITIONS 10-1 GENERAL 10-1.1 Description of Work The project consists of removal and replacement of concrete sidewalk, curb and gutter, driveway approaches, and curb ramps citywide as indicated on the construction plans, including tree removals, tree replanting and other incidental and appurtenant work necessary for the proper completion of project as indicated in the appendix and other related work as described in the plans and specifications. 10-1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis for the compilation of bids, and the City of Rosemead does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. In such case the contract unit price shall prevail subject to the requirements of Subsection 3-2.2.1 of the Standard Specifications. All work incidental to this project, as described on the drawings and/or this specification shall be considered as included within the scope of the work. The bid prices submitted by the contractor shall include the cost of said incidentals, even though such incidentals are not specifically mentioned in the preceding description of work to be done or in the proposal form. 10-1.3 Equals - Whenever the names of specific products are designated in the details appearing on the drawings or in the specifications, the intent is to state the general type and quality of the products desired, without the intention of ruling out the use of other products of equal type and quality. If the successful contractor wishes to make substitutions of the products specified, he must make an application in writing to the Engineer prior to the acceptance and installation into the project with a complete description of the alternate products and a statement with regard to the saving to the owner, if any, in case the substitution would be permitted. The Engineer will have the right to make the final decision in these cases and to insist on use of particular brands of products shown on the drawings or in the specifications, if, in his opinion, such brands will be preferable to the Engineer, in lieu of the requested substitutions. 10-1.4 Installation of Equipment - All materials and workmanship shall be in accordance with the manufacturer's specifications and instructions. SUPPLEMENTARY GCs -I 10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard Specifications with the following special conditions: a. Beginning and Completion of Work: The contract time allowed for completion of the project is THIRTY (30) 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., Monday through Friday with no work on Saturdays, Sundays, Holidays. 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. C. 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 10-4 CONSTRUCTION YARD It shall be the contractor's responsibility to locate any storage sites for materials and equipment needed, and such sites must be approved in advance by the City Engineer. When storage sites are located on private properties, the contractor shall be required to submit to the City Engineer written approval from the record owner authorizing the use of his property by the contractor, and contractor shall bear all the cost involved, and provide necessary insurance requirements. If contractor chose one of the City owned. The contractor accepts sole liability for the yard during the time, which it is occupied. The contractor agrees to indemnify and hold harmless the City and ARA during the period which the contractor occupies the site. The yard shall be fenced with City -approved temporary chain link fence and gate(s). The yard shall be secured at all times. The Contractor shall be responsible for required utilities, if available. The Contractor shall store all materials in a manner, which complies with manufacturer's recommendations and/or legal requirements. The yard shall be maintained in a manner consistent with surrounding properties. After the project is constructed, the Contractor shall move off of the yard and return the yard to a condition similar to before he moved on the yard. In order to assure these requirements are met, the Contractor shall have an independently prepared environmental report prepared prior to Contractor mobilization and after final cleanup. Contractor and all subcontractors shall not be permitted to place any signage or advertising signs on the site unless city's written approval is obtained. 10-5 UTILITIES The contractor will obtain the locations of underground facilities from the utility companies at least twenty-four (24) hours prior to commencing construction in such areas. At all time the contractor shall be responsible for the protection of such facilities and shall be held liable for damage to utilities during construction. The contractor is responsible to call Underground Service Alert at 811 at least 72 hours prior to commencing any work. 10-6 CONSTRUCTION WATER It shall be the responsibility of the contractor to furnish an adequate supply of water for construction use. 10-7 AIR AND WATER POLLUTION SUPPLEMENTARY GCs -3 The Contractor shall be required to conform to all current regulations of the South Coast Air Quality Management District. The Contractor shall also conform to Section 402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of municipal, industrial and construction stormwater discharges under the National Pollutant Discharge Elimination System (NPDES) program. 10-8 HAZARDOUS MATERIAL NOTIFICATION A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all hazardous materials which are brought on site by the Contractor. A MSDS is required for any product which may contain hazardous materials. The contractor must alert the City Engineer of the quantity and type of hazardous material which will be brought on site. The MSDS sheets must be submitted to the City Engineer at least two (2) business days prior to starting work. The City Engineer may require the City Safety Officer or his designee to review the MSDS for approval of use. The contractor shall be responsible for notifying Underground Service Alert (800) 422- 4133 and all utility companies having substructures within the limits of the job. This shall be done at least 72 hours prior to commencing construction. 10-9 PUBLIC CONVENIENCE AND SAFETY The contractor shall conduct his operations to comply with the provisions of section 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. SUPPLEMENTARY GCs -4 Traffic lanes shall have a minimum width of twelve (12) feet and minimum clearance of two (2) feet from curbs, poles and similar obstructions, and two (2) feet from any excavation, unless otherwise specified. One lane each direction shall be maintained at all times. Transitions of differential road surfaces shall be maintained according to SSPWC sect. Spillage resulting from hauling operations along any public traveled way shall be removed immediately by the contractor. Traffic shall not be allowed on the street until the initial sweeping is complete. Contractor shall provide access to the existing driveways at all times. Contractor will close only one driveway at any time to properties having more than one driveway. 10-10 PAYMENT Payment shall be made in accordance with Section 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 SUPPLEMENTARY GCs -5 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 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 often percent (10%) of the contract price. Said bond shall remain in force for a period of one year from the date of filing of the Notice of Completion. Instead of providing a surety bond, the contractor may, at his option, provide for the Faithful Performance Bond furnished under the contract to remain in force for said amount until the expiration of the required period. 10-14 SANITATION All portions of the work shall be maintained at all times in sanitary condition. The contractor shall provide adequate toilet facilities for all workmen and representatives of the owner employed on the work. Such facilities shall be subject to the acceptance of the owner as to location and type. The contractor shall maintain the same in sanitary condition from the beginning of the work until completion and then shall remove the facilities and disinfect the premises if necessary. The contractor shall be responsible for alleviating all dust and nuisance conditions occasioned by his work. Each day, at the completion of the day's work, the entire trench area and adjacent streets shall be swept and cleaned to the satisfaction of the City Engineer or his appointed representative. The contractor shall cover all storm drain catch basins during excavation and sweeping operations to prevent excavated materials from entering the catch basins. 10-15 SITE MAINTENANCE 1.01 General. The Contractor shall maintain the construction site in a neat and orderly condition, free from trash and waste construction materials at all times. Unattended construction materials, equipment, and trash shall be left in a manner to not constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. SUPPLEMENTARY GCs -6 The Contractor shall provide proper barricades with flashing lights properly working and temporary fencing to insure a safe construction site. The Contractor shall maintain the work site in a manner that assures adequate access to workers and other authorized personnel. The Contractor shall provide proper traffic control in all construction areas. 1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to abate undue dust. Application of water for dust control shall be under the control of the Engineer and shall be applied in the amounts and at locations designated by the Engineer or other City Representatives. 1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm or other water from flowing uninterrupted along the existing street drainage courses. Diversion of water for short reaches to protect construction may be permitted if public or private properties are not threatened with damage. Should such diversions be necessary, the Contractor shall obtain written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside rights-of- way or normal drainage courses. 1.04 Protection of Existing Improvements. Construction operations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor shall work around all existing utility facilities. During construction the Contractor shall cooperate with the owners of any utility that has manholes, vaults, valve covers or any other facilities within the construction area. These facilities shall be completely protected by the Contractor. The Contractor shall exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless otherwise specified, all costs for protection of existing improvements shall be absorbed in the various items of work and no separate payment shall be made for them. 1.05 Restoration of Existing Improvements. All existing improvements removed or damaged during construction shall be reconstructed in accordance with the applicable provisions of the Standard Specifications for Public Works Construction, 2021 Edition, (hereinafter referred to as the Standard Specifications). The Contractor shall replace or restore existing improvements to their original condition to the satisfaction of the Engineer at no expense to the City. 1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste material shall become the property of the Contractor and shall be disposed of by the Contractor outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. 1.07 Final Clean Up. After completion of all other work required under the contract, the Contractor shall, at no expense to the City, clean up the work site including any and all SUPPLEMENTARY GCs -7 properties used by the Contractor during construction to the satisfaction of the Engineer. The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or nature which has been moved, damaged or altered in any way by the Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing asphalt pavement or concrete pavement during paving operations. The Contractor shall slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive) all asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on the concrete pavement, Contractor shall sand blast the affected area to its original condition and to the satisfaction of the Engineer or City Representatives at no additional cost. Any and all of these requirements shall be at the Contractor's expense. 1.08 Payment. No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. 10-16 CLEARING AND GRUBBING 2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and Grubbing" of the Standard Specifications. In addition, the following items of work are included under Clearing and Grubbing, unless otherwise covered by specific bid items: A. Maintaining dust control at all times by watering and sweeping. B. Providing traffic control and maintaining access, security and safety including all signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in these specifications. C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures. D. Removing, storing, and replacing removable and portable items and their safe handling and keeping. E. Providing temporary pumps, conduits, and any other necessary means to convey waste waters in order to bypass the construction as needed and as approved by the Engineer. F. Saw cutting Portland cement concrete and asphalt concrete pavement for construction of smooth and straight joins. G. Providing shoring, sheeting, bracing, etc. for excavations. SUPPLEMENTARY GCs -8 H. Removing, relocating and replacing all sprinkler lines, heads, valves, and other landscaping items interfering with the construction of improvements. 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. SUPPLEMENTARY GCs -9 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. 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 CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 PART "C" TECHNICAL PROVISIONS Not used. CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 TECHNICAL PROVISIONS TECHNICAL PROVISIONS TP -1 CITY OF ROSEMEAD CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 PART "D" APPENDIX APPENDIX A - FEDERAL REQUIREMENTS Exhibit 6 to Exhibit 17 shall be submitted with your bid to be considered responsive APPENDIX A — FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS TABLE OF CONTENTS 1. Approval of Contractor by the Federal Government ............................................... 2. Labor Compliance Pre -Construction Conference ................................................... 3. United States Department of Labor Wage Rates .................................................... 4. Federal Restrictions on Lobbying........................................................................... 5. Section 3................................................................................................................. 6. Section 3 Bid Preference........................................................................................ 7. Conflict of Interest................................................................................................... LIST OF EXHIBITS EXHIBIT 1 — Federal Labor Standards Provisions EXHIBIT 2 — Federal Equal Employment Opportunity/Affirmative Action Requirements EXHIBIT 3 — Contracting with Small and Minority Firms, Women's Business Enterprise, And Labor Surplus Area Firms EXHIBIT 4 — Compliance with Clean Air and Water Acts EXHIBIT 5 — Section 3 Clause EXHIBIT 6 — Non -Segregated Facilities Certification (Submit with Bid) EXHIBIT 7 — Past Performance Certification (Submit with Bid) EXHIBIT 8 — County Lobbyist Certification (Submit with Bid) EXHIBIT 9 — Workers' Compensation Certification (Submit with Bid) EXHIBIT 10 — Contractor List of Proposed Subcontractors (Submit with Bid) EXHIBIT 11 — Report of Additional Classification and Rate — HUD Form 4230A (Submit with Bid) EXHIBIT 12 — Notice of Equal Employment Opportunity Commitment (Submit with Bid) EXHIBIT 13 — Notice of Section 3 Commitment (Submit with Bid) EXHIBIT 14 — Section 3 Economic Opportunity Plan (Submit with Bid) EXHIBIT 15 — Section 3 Resident Certification (Submit with Bid) EXHIBIT 16 — Section 3 Business Certification (Submit with Bid) EXHIBIT 17 — Federal Lobbying Certification (Submit with Bid) EXHIBIT 18 — Section 3 Economic Opportunity Report (Submit with FINAL Payroll Report) EXHIBIT 19 — Section 3 Bid Evaluation Memorandum EXHIBIT 20 — Agency Report of Contract Award EXHIBIT 21 — Certification of Understanding & Authorization EXHIBIT 22 — Payroll Report, Statement of Compliance & Fringe Benefit Statement EXHIBIT 23 — Federal Job -site Postings EXHIBIT 24 — Federal Wage Decision 1. APPROVAL OF CONTRACTOR BY THE FEDERAL GOVERNMENT This project is being financed from Federal Funds under the Community Development Block Grant Program of the Department of Housing and Urban Development (HUD). A requirement of this program is that the Contractor and all Subcontractors for this Project must be approved by the Federal Government before award of the Contract can be made. 2. LABOR COMPLIANCE PRE -CONSTRUCTION CONFERENCE The Contractor and all its Subcontractors shall meet with representatives of the Agency before the issuance of the notice to proceed for the start of construction. Discussion will include Equal Employment Opportunity requirements, State and Federal safety requirements, and labor compliance requirements. The Contractor will be notified regarding the exact time and place of the meeting 3. UNITED STATES DEPARTMENT OF LABOR WAGE RATES This is a Federally -assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and related Acts will be enforced. In the event of a conflict between Federal and State wage rates, the higher of the two will prevail. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. The Contractor shall be responsible for complying and ensuring compliance with the Federal Labor Standards Provisions by all Subcontractors. 4. FEDERAL RESTRICTIONS ON LOBBYING The Contractor shall complete and submit to the Agency the Federal Lobbying Certification Form which is included as part of the Bid Proposal. The language of this certification shall also be included in all subcontracts for this Project. A copy of Standard Form LLL, which is referred to in Part 2 of this certification, along with instructions for filling out this form, are included as an attachment and also included as part of the Bid Proposal. Standard Form LLL shall be submitted, if the Contractor meets the stated criteria, to the following prior to the start of construction. William G. Vasquez, CPD Director U.S. Department of Housing & Urban Development 611 W. 6th St., #800 Los Angeles, CA 90017 5. SECTION 3 Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that helps foster local economic development, neighborhood economic improvement, and the individual self-sufficiency. The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low or very -low income residents in connection with projects and activities in their neighborhoods. 6. SECTION 3 BID PREFERENCE This Federally -assisted, Section 3 qualified construction project is subject to creating economic opportunities to low- and moderate -income businesses and residents within the Project area as required by the Housing Development Act of 1968 (as amended). To receive consideration for the Section 3 bid preference, a bidder must submit the following forms, completed and signed, with their bid proposal (forms are included in the bid proposal): Section 3 Responsive Bidder is a bidder that submits a Section 3 Business Certification from with the bid, and: • Is 51% owned by low-income residents, or • 30% or more of its permanent full-time employees are low-income residents, and Provides the Section 3 Resident Certification form(s) for each qualified employee. First preference will be given to a bidder who provides a reasonable bid within the Zone of Consideration, (refer to the formula detailed in Exhibit 5) and submits a Section Business Certification form reporting that the business is a qualified Section 3 Business Concern and submits completed Section 3 Resident Certification form. 7. CONFLICT OF INTEREST In the procurement of supplies, equipment, construction, and services by sub -recipients, the conflict of interest provisions in 24 CFR 85.36. OMB Circular A-110, and CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub -recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. EXHIBIT -1 HUD -4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis -Bacon and Labor Standards A. APPLICABILITY The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. (1) MINIMUM WAGES (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place, where it can be easily seen by the workers. (ii) Additional Classifications. (A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division ("Administrator"), Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget ("OMB") under OMB control number 1235-0023.) (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) HUD -4010 (06/2022) Previous editions are obsolete. Page 1 of 5 ref. Handbook 1344.1 (D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) (2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The U.S. Department of Labor shall make such disbursements in the case of direct Davis -Bacon Act contracts. (3) Payrolls and basic records. Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018) Certified Payroll Reports. (A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. HUD -4010 (06/2022) Previous editions are obsolete. Page 2 of 5 ref. Handbook 1344.1 Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S. Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.) (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (a)(3)(ii)(b). (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. HUD -4010 (06/2022) Previous editions are obsolete. Page 3 of 5 ref. Handbook 1344.1 If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. (6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1) through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of Eligibility. (i) By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. HUD -4010 (06/2022) Previous editions are obsolete. Page 4 of 5 ref. Handbook 1344.1 (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Actor 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802. (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum set by the U.S. Department of Labor at 29 CFR 5.5(b)(2) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the clause set forth in subparagraph B(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1) through (4) of this paragraph. C. HEALTH AND SAFETY The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. HUD -4010 (06/2022) Previous editions are obsolete. Page 5 of 5 ref. Handbook 1344.1 EXHIBIT - 2 FEDERAL EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION REQUIREMENTS EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractorwill take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the contractor's noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government N EXHIBIT - 2 contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractorwill include the provisions of Paragraph la through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246) a. The Offeror's or Bidder's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregated work force in each trade on all construction work in the covered area. are as follows: Goals for Minority Goals for Female Participation for Participation in Timetables Each Trade Each Trade 28.3% 6.9% These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non -federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the 2 EXHIBIT - 2 goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. C. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles - Long Beach, specifically the County of Los Angeles, State of California. 3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246). a. As used in these specifications: (1) Covered area means the geographical area described in the solicitation from which this contract resulted; (2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (3) Employer Identification Number (EIN) means the Federal Social Security Number used on the Employer's Quarterly Federal Tax Return, United States Treasury Department Form 941. (4) Minority includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central EXHIBIT - 2 or South American or other Spanish culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. C. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs EXHIBIT - 2 office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (3) Maintain a current file of the name, address, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for EXHIBIT - 2 referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above. (6) Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. 0 EXHIBIT - 2 (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) EXHIBIT - 2 through (16). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. M. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the EXHIBIT - 2 Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice). n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor's or subcontractor's entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2. 4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall: a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non -segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the W EXHIBIT - 2 subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed. C. Send a notice of the contractor's commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment. e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract. f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC -257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor's List of Federal and Non -Federal Work in Bid Condition Area to the monthly report. 5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. THE AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 8. REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance. 10 EXHIBIT - 3 CONTRACTING WITH SMALL BUSINESS MINORITY FIRMS, WOMEN°S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS It is national policy to award a fair share of contracts to Small Business and Minority Firms. Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized, when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following: a. Including qualified Small Business and Minority Firms on solicitation lists. b. Assuring that Small Business and Minority Firms are solicited whenever they are potential sources. C. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation. d. Where the requirement permits, establishing delivery schedules which will encourage participation by Small Business and Minority Firms. e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1a through 1e above. 2. Grantees shall take similar appropriate affirmative action in support of Women's Business Enterprises. Grantees are encouraged to procure goods and services from Labor Surplus Areas. EXHIBIT - 4 COMPLIANCE WITH CLEAN AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000) During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15. as amended. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: 1. A stipulation by the contractor or subcontractors, that any facility to be utilizes) in the performance of any non exempt contract or subcontract,. is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. 2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under. 3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that .a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. 4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. SECTION 3 CLAUSE (All Section 3 covered contracts shall include the Section 3 Clause) Section 3 Clause Wcu_1 a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by the U.S. Department of Housing and Urban Development (HUD) assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this contract will comply with HUD's regulations as set forth in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The contractor agrees to send to each labor organization or representative of workers which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall; describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the persons) taking applications foe each of the positions, and the anticipated date the work shall begin. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of regulations under 24 CFR Part 135. e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, where not filled to circumvent the contractor's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. With respect to work performed in connection with Section 3 covered Indian Housing Assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that the greatest extent feasible; (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). A Section 3 Responsive bidder is a bidder that submits a Section 3 Business Certification form with the bid, and 1. Qualifies as a Section 3 Business concern because the business -Is 51% owned by low-income residents, or •30% or more of its permanent full-time employees are low-income residents, and -Provides the Section 3 Resident Certification form(s) for each qualified employee. Preference will be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern. A Section 3 Non-responsive bidder is a bidder that: ► Fails to provide a Section 3 Business Certification form documenting Section 3 qualifications with a bid response, or ► Fails to provide a Section 3 Business Certification form and an Economic Opportunity Plan with a bid response. However, if the lowest bid of a qualified Section 3 Responsive Bidder is not reasonable (not within the Zone of Consideration), as defined below, the construction contract shall be awarded to the lowest bid from any responsive and responsible bidder. A REASONABLE bid is a bid that is not more then the value of "X" higher than the LOWEST BID. 1. The actual dollar amount of bid received from any responsible bidder, PLUS 2. The "X" FACTOR, which is the lesser of; a. The dollar amount of the required percentage listed on the chart below of the Bid submitted, or b. The actual dollar amount listed on the chart below. 3. Equal the MAXIMUM ACCEPTABLE BID. ZONE OF CONSIDERATION If the Lowest At Least Bid is But Less Than The "X" is the FACTOR Lesser than $100,000 N/A 10% $9,000 $100,000 $200,000 9% $16,000 $200,000 $300,000 8% $21,000 $300,000 $400,000 7% $24,000 $400,000 $500,000 6% $25,000 $500,000 $1,000,000 5% $40,000 $1,000,000 $2,000,000 4% $60,000 $2,000,000 $4,000,000 3% $80,000 $4,000,000 $7,000,000 2% $105,000 $7,000,000 1.5% NON -SEGREGATED FACILITIES CERTIFICATION FEDERALLY -ASSISTED CONSTRUCTION PROJECTS The federally -assisted construction contractor certifies that he/she DOES NOT and WILL NOT: Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments. Permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally -assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally -assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date: Company: Address: By: Title: Project Number: EXHIBIT - 7 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The ❑bidder, ❑proposed sub -contractor, hereby certifies that he/she ❑has, ❑has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she ❑has, ❑has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: Project Number: ContractAward Awarding Agency: Contractor Name: Affiliate Company: 12 Title: Total Number of Employees NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF -100 (EEO -1) must be filed by; (A) All private employers who are: (1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60-1.5 (2) Have 50 or more employees, and a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. County Lobbyist Certification Name of Firm: Address: Telephone: ( ) Date: EXHIBIT - 8 Acting on behalf of the above named firm, as its Authorized Official, I make the following certification to the County of Los Angeles, to the Community Development Commission, County of Los Angeles, and to the City of Rosemead, as the local contracting agency (LCA); 1) It is understood that each person, entity, or firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and; 2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person, entity, or firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code. This certification is material representation of facts upon which reliance was placed when this transaction was made or entered into. Authorized Official: (Print Name of Contractor's Authonzed Representative) (Signature of Contractor's Authorized Representative) (Date) EXHIBIT - 9 WORKER'S COMPENSATION CERTIFICATION I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which 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 I will comply with such provisions before commencing the performance of the work of this contract. Date: Project Name: _ Company Name: Address: Print Name: Title: Signature: Project Number: 0 0 m 0 w r 8j o .v, E � o U � r v � o w m� b o ¢ cg a v E p J Z O O O - E g w v � 9 W E z' c w c O t0 ti E m Z U m 11 EXHIBIT - 11 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMB Approval Nurrbx2501 -001 1 (E)p. 8131=22) 1. FROM (name and address of requesting agency 2. PROJECT NAME AND NUMBER 3. LOCATION OF PROJECT (City, County and State) 4. BRIEF DESCRIPTION OF PROJECT S. CHARACTER OF CONSTRUCTION ❑ Building ❑ Residential ❑ Heavy ❑ Other (specify) ❑ Highway 6. WAGE DECISION NO. (include modification number, if arty) DATE of WAGE DECISION: 7. WAGE DECISION EFFECTIVE DATE (LOCK4N): ❑ COPY ATTACHED 8. WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (if any) 9. PRIME CONTRACTOR (name, address) 9a. 10. SUBCONTRACTORIEMPLOYER, IF APPLICABLE (name, address) ❑ Agree ❑ Disagree 9b. SIGNATURE DATE Check All That Apply ❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. ❑ The proposed classification is utilized in the area by the construction industry. ❑ The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision. ❑ The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s). ❑ Supporting documentation attached, including applicable wage decision. Check One: ❑ Approved, meets all criteria. DOL confirmation requested. ❑ One or more classifications fail to meet all criteria. DOL decision requested. FOR HUD USE ONLY LR2000: Agency Representative Date Log in: (Typed name and signature) Log out: Phone Number EXHIBIT -12 EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT TO: (Name of Labor Union, Workers Representative, etc. Name of Business (Contractor): Project Name: Project Number: The Undersigned currently holds a contract with , involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5. Selection for training, including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. La (Date) (Stgoamn,) EXHIBIT -13 NOTICE OF SECTION 3 COMMITMENT TO: (Name of Labor Union, Workers Representative, etc. Name of Business (Contractor): Project Name: The Undersigned currently holds a contract with _ involving Block Grant (CDBG) funds from the U. or a subcontract with a prime contractor holding (Address) Project Number: S. Department of Housing and Urban Development such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to the greatest extent feasible, to give opportunities for employment and training to lower income residence of the CDBG-assisted project area and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by project area residence. Regarding employment opportunities for Section 3, the minimum number and job titles are: Minimum Job Classification Regarding job referrals, request that consideration be given, to the greatest extent feasible, to assignment of persons residing in the service area or neighborhood in which the project is located. The anticipated date the work will begin is contact rMmn I— For additional information, you may at ( ) This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. By: (Signawr ) (Date) EXHIBIT -14 SECT/ON3ECONOMIC OPPORTUNITY PLAN (OMOY7n Business Name El Bidder: OContractor Dollar Amount of O Bid O Contract: Date Plan Submitted to LCA: Business Address Name of Owner or Authorized Agent Signature Owner or Authorized Agent Local Contracting Agency (LCA): Section 3 Coordinator. Contact Information for Section 3 Coordinator: CDBG Project Number Project Name: Project Location: Employment & Trainin Opp Ortunitles (Minimumgoal 30% of total new hires must be income qualified. Attach completed Resident Cerb'Acation form breach new hire) WORK CLASSIFICATIONS Number Of Positions Proposed advertising and outreach strategies P 9 9 (seereverse side ofthis form fa assistance) Professionals Name of BUSINESS Basic Trade Type of Contract Technicians Ofice/Clehcal Trade: ❑Non -Construction Contract Trade: OConsbuction Trade: ❑Non -Construction Contract Trade: Subcontracting Opportunities (attach a completed Section 3 Business Certification form for each contract) Proposed advertising and outreach strategies Name of BUSINESS Basic Trade Type of Contract (referro the list of proposed subcontractors or see reverse side ofthis form lcrassistance) OConsbucfion ❑Non -Construction Contract OConsbuction ❑Non -Construction Contract OConsruction ❑Non ConsWction Contract LIConstruction LINon-Construction Contract OConstruction ❑Nan -Construction Contract OConstruction []Non-Consbuction Contract Total Subcontracting Dollars: $ Total amount of Bid: $ Minimum goal is 25% of the prime contract award EXHIBIT - 14 TRACKING OUTREACH EFFORTS FOR CONTRACTORS Attach supporting documentation for each 'good faith effort' accomplishment Entered into a first -source hiring agreement with organizations representing income -qualified residents (such as Work Source Center or San Gabriel Valley Conservation Corps; hfo://sovcorps.orgl ) and provide the contractor Provide contractor with the address orthe local Work Source Center. Posted ❑training and/or ❑employment position flyers in; ❑public housing developments — (Name of Public Housing ❑offices of the local government, (Name of Office r, and El other conspicuous places — Name & Place ). ❑ Advertised positions to be filled through; ❑local media, such as community television networks (Name ofinediasource ❑newspapers of general circulation, or ❑commonly -used job placement websites such as www.monster.com (Website used I Contacted an agency administering a HUD Youthbuild Program and requested their assistance to recruit income - qualified participants who are in need of permanent placement. Provide contractor with the address of the local Youthbuild Center. ❑ Sponsor a HUD -certified "Step -Up" employment and training program for income -qualified residents. ❑ Contacted agencies administering a Section 3 Program for a list of qualified business concerns. (List names below) EXHIBIT - 15 2019 INCOME CERTIFICATION (Section 3 of the Housing 8 Urban Development Act of 1968, as amended) Name: Address: hereby certify that I am (Check the applicable statement below): ❑ A Public Housing resident (Specify the Name of the Public Housing site); ❑ A low-income resident of the metropolitan area of Los Angeles/Orange County, based on the following Check ✓Family Size and the gross annual ✓Income from all sources below; FAMILY SIZE INCOME LIMITS 1 ❑ $21,950 or less ❑ $21,951 to $36,550 ❑ $36,551 to $58,450 ❑ $58,451 or more ❑ 2 ❑ $25,050 or less ❑ $25,051 to $41,800 ❑ $41,801 to $66,80o ❑ $66,801 or more ❑ 3 ❑ $28,200 or less ❑ $28,201 to $47,000 ❑ $47,001 to $75,150 ❑ $75,151 or more ❑ 4 ❑ $31,300 or less ❑ $31,301 to $52,200 ❑ $52,201 to $83,500 ❑ $83,501 or more ❑ 5 ❑ $33,850 or less ❑ $33,851 to $56,400 ❑ $56,401 to $90,200 ❑ $90,201 or more ❑ 6 ❑ $36,350 or less ❑ $36,351 to $60,6o0 ❑ $60,601 to $96,900 ❑ $96,901 or more ❑ 7 ❑ $39,010 or less ❑ $39,011 to $64,750 ❑ $64,751 to $103,550 ❑ $103,551 or more ❑ 8 ❑ $43,430 or less ❑ $43,431 to $68,950 ❑ $68,951 to $110,250 ❑ $110,251 or more ❑ ❑ Not a public housing or low-income resident of the metropolitan area of Los Angeles/Orange County. Certified by signature below, under penalty of perjury under the laws of the State of California; that the foregoing is true and correct. Pn'nt Full Name Date THIS SECTION MUST BE COMPLETED BY THE AUTHORIZED BUSINESS OWNER/AGENT The above-named person is; []an applicant ❑ a permanent full-time ❑ a new -hire employee / Dale of hire: El N/A This person's Work Classification is: Business Name Print Name of Owner/Agent Signatrue of Owner/Agent Date 1 t11N NEC 11UIN 1V1UN 1 BL CU1V1rLE 1 EL 0 Y Name of LCA Project Name Project Number Income Level: ❑Extremely Low ❑ Very Low ❑ Low ❑ Over the qualifying income limit ❑Not income qualified for the following reason(s): Preference Category: ❑Targeted Service Area- Provide Census Tract and Block Group []Youth Build Program ❑McKinney Homeless Program ❑Other qualified Program: Print Name of Section 3 Coordinator Signature Date EXHIBIT - 16 SECTION 3 BUSINESS CERTIFICATION ❑Contractor ❑Subcontractor Business Name: Business Address: ❑Bid or []Contract Amount: Email Address: The above business concern ❑is or ❑is not a Section 3 -qualified business based on the following: ❑ 51% of this business is owned by income -qualified resident(s) A completed Resident Certification form for each owner must be attached to and submitted with this form. Total number of owners — Number of income -qualified owners ❑ 30% or more, permanent, full-time employees are income -qualified residents A completed Resident Certification form for each employee must be attached to and submitted with this form. Total number of all full-time employees — Number of income -qualified employees The owner/authorized representative of the above listed business concern certifies under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Name of OwnedPfincipal Signature of OwneflPdncipal Date SECT/ON3BUSINESS CONCERN DETERMINATION TO BE COMPLETED BY THE LOCAL CONTRACTING AGENCY SECTION 3 COORDINATOR Based on the support documentation submitted for our review, we have determined that this business concern; ❑is or Elis not a qualified business concern, and ❑does or Eldoes not quality for a bid preference for the federally -funded construction pgect identified below. CDBG Project Number Pmjed Name Project Location Comments: Local Contracting Agency Section 3 Coordinator Date of Determination FEDERAL LOBBYIST CERTIFICATION Name of Firm: Address: State: Zip Code: Telephone Number: ( EXHIBIT -17 Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the Community Development Commission, County of Los Angeles. 1) No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, and; 3) The above name firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreement) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: By: (Contractor/Sob000rcactor) (Date) EXHIBIT -18 SECTION 3 ECONOMIC OPPORTUNITY REPORT ❑Contractor❑Subcontractor: Contract Amount: $ Reporting Period FROM TO Business Address: Name of Owner or Authorized Agent: Signature Owner or Authorized Agent Local Contracting Agency (LCA): Section 3 Coordinator. Telephone Number COPS Project Number: Project Name: Project Location: Employment Accomplishments (attach completed Resident Income - TOTAL qualified WORK CLASSIFICATIONS NEW HIRES NEW HIRES Professionals Technicians OfricelClencal Trade'. Trade'. Trade: Totals: Efforts made to generate economic opportunities ❑Advertised through local media, television, radio, newspaper ❑Signs prominently displayed at the project site ❑Contacts with community organizations ❑Other Barriers encountered in meeting goals ❑ No jobs were available during this reporting period. ❑Other Minimum goal is 30% of the total new hires The "to date' percentage of aggregate new hires who are Section 3 qualified residents that were hired for this project is: Subcontracting Accomplishments (attach a completed Business Certification form and supporting Resident Certification forms) CONTRACT SECTION 3 qualified BUSINESS NAME Type of Contract Supporting Documentation Performance AMOUNT ❑Construction or ❑Business Certification ❑Responsive to Section 3 requirements []Non -Construction ❑Resident Certifications ❑Non -Responsive $ Subtotal of "to date" non -Section 3 subcontract dollars $ Total "to date' subcontracting dollars: $ Minimum Goal is 25% of the total subcontracting dollars The "to date" percentage of the amount of the total subcontracts awarded to qualified Section 3 Business Concerns is: 1-1 Check this box if this is your Final Report and submit it with your final Certified Payroll Report DATE OF REPORT Signature ofAuthori ed 4msentative ❑Construction or [IN ❑Business Certification I ❑Resident Certifications El Responsive to Section 3 requirements ❑Non -Res onsive $ ❑Construction or ❑Business Certification ❑Responsive to Section 3 requirements ❑Non-ConsVuction ❑Resident Certifications ❑Non -Responsive $ Subtotal of "to date" Section 3 subcontract dollars $ Non -SECTION 3 BUSINESS NAME Type of Contract ❑Construction or, ❑Non -Construction $ ❑Construction or ❑Non-Construcbon $ Subtotal of "to date" non -Section 3 subcontract dollars $ Total "to date' subcontracting dollars: $ Minimum Goal is 25% of the total subcontracting dollars The "to date" percentage of the amount of the total subcontracts awarded to qualified Section 3 Business Concerns is: 1-1 Check this box if this is your Final Report and submit it with your final Certified Payroll Report DATE OF REPORT Signature ofAuthori ed 4msentative TO: Contract Compliance Officer, Program Management Unit Community Development Commission, County of Los Angeles Date of Evaluation: SECTION 3 BID EVALUATION MEMORANDUM 04103/17) Local Contracting Agency: Project Name: EXHIBIT -19 Section 3 Coordinator Name CDBG Project Number: Bid Opening Date: KCA*VIVA12Lt1Mt*0 OF BID (Satrw6ackrdeoftkufomforzmtanccwitfim4vGtingtfi znmofComderaE ) N Enter the lowest bid amount here: X-FACTORADD the Lesser of $ ( % of Low Bid) OR $ $' In order to receive a preference a Reasonable Bid cannot exceed this amount: RESPONSIVENESS TO SECTION 3 REQUIREMENTS res NO Bid Amount (List Low Bid First BUSINESS NAME: Is A Section 3 Business Certification form was submitted with the bid and the LCA has determined that this contractor is; ❑ 51% Owned by income -qualified resident(s) and Resident Certification forms are in file., OR ❑ 30% or more of their workforce are income qualified workers and Resident Certification forms are in file BUSINESS NAME: A Section 3 Business Certification form was submitted with the bid and the LCA has determined that this contractor is; ❑ 51% Owned by income -qualified resident(s) and Resident Certification forms are in file., OR ❑ 30% or more of their workforce are income qualified workers and Resident Certification forms are in file BUSINESS NAME: I Is A Section 3 Business Certification form was submitted with the bid and the LCA has determined that this contractor is; ❑ 51% Owned by income -qualified resident(s) and Resident Certification forms are in file., OR ❑ 30% or more of their workforce are income qualified workers and Resident Certification forms are in file BUSINESS NAME: A Section 3 Business Certification form was submitted with the bid and the LCA has determined that this contractor is; ❑ 51% Owned by income -qualified resident(s) and Resident Certification forms are in file., OR ❑ 30% or more of their workforce are income qualified workers and Resident Certification forms are in file Guidelines for completing the above: iv Check the proposer's eligibility with the SAM website and ensure that they are responsive to the bid, are a responsible bidder, and hold a contractor cunent license. 2nd Identify the lowest responsive and responsible bidder first in order to calculate the Zone of Consideration. 3,d Determine the Maximum Acceptable Bid by using the X -Factor listed on the reverse side of this form. 4d• List all bidders that are within the zone of consideration, staring with the lowest bid. Finally, Identify Section 3 responsive bidders within the Zone of Consideration, document you recommendation below and provide CDC with a copy of this memorandum. No bidders were able to meet the Section 3 responsive and reasonable bidding ❑requirements for a bid preference. Therefore, a construction contract will be awarded to the lowest responsive and responsible bidder in accordance with our oolicv and consistent with public contract code lumen o'V_n) EXHIBIT -19 GUIDELINES FOR COMPLETING THE SECTION 3 BID EVALUATION MEMORANDUM ......................................................4444......................................................... NOTE: This Section 3 Bid Evaluation Memorandum form is required duan procurement when; —The project budget includes $200,000 or more of housing & development funds (such as CDBG or HOME funds), AND —The Loral Contracting Agency (LCA) anticipates awarding a contract in the amount of $100,000 or more :..................................... .............. ............................................................................................. SECTION 3 BID PREFERENCE may be given to a bidder who is a qualified Section 3 Business Concern; and provides a reasonable bid. A Section 3 Business is a business where fifty-one percent (51%) of the business is owned by a resident of Los Angeles/Orange County that meets the income guidelines; or 30% or more of the permanent workforce are residents who live in Los Angeles/Orange County and meet the income guidelines. A Section 3 RESPONSIVE BIDDER is a bidder that submits a Section 3 Business Certification form with their bid, documenting that they qualify as a Section 3 business concern because they are; a) 51 % of the business is owned by a resident of Los Angeles County/Orange County who meet the income guidelines; or b) 30% or more of the permanent workforce is comprised of residents who live in Los Angeles/Orange County that meet income guidelines. A Section 3 NON-RESPONSIVE BIDDER is a bidder that fails to provide a Section 3 Business Certification form and all signed Resident Certification supporting forms with a bid response, A Section 3 REASONABLE BID is a bid that is not more then the value of "X' HIGHER than the LOWEST BID. The X- FACTOR; a standard formula used to determine the maximum dollar amount that can be add to the lowest bid when considering a bid preference for Section 3 qualified business concern. Calculate the maximum acceptable bid or highest dollar amount that can be considered in awarding the contract to a Section 3 qualified business concern by adding the lesser of the percentage (dollar amount of the lowest bid) or the dollar amount provided in the row for the bid range column (see chart below). The lowest bid can be increased by the calculated dollar amount resulting from this computation when you are applying the bid a preference. BID RANGE At Least — if the Lowest Bid is But Less Than The X•FACTOR is the lesser than $100,000 NIA 10% $9,000 $100,000 $200,000 9% $16,000 $200,000 $300,000 8% $21,000 $300,000 $400,000 7% $24,000 $400,000 $500,000 6% $25,000 $500,000 $1,000,000 5% $40,000 $1,000,000 $2,000,000 4% $60,000 $2,000,000 $4,000,000 3% $80,000 $4,000,000 $7,000,000 2% $105,000 $7,000,000 1.5% NOTE: If the lowest bid of a qualified Section 3 Responsive Bidder is not reasonable (not within the Zone of Consideration), OR no bidders are responsive to Section 3 requirements, no preference should be given and the contract will be awarded to the lowest bid from any responsive and responsible bidder in accordance with the LCA's policy and procedures, consistent with California Public Contracting Code. When awarding a contract to the lowest and responsible the contractor must commit to documenting good -faith efforts to achieve Section 3 goals of: -Hiring 30% of aggregate new hires who reside in Los Angeles/Orange County and are income qualified, -Subcontract 25% of the total subcontracting dollars to Section 3 qualified business concerns This commitment is accomplished by submitting a signed Section 3 Commitment form and with a detailed Economic Opportunity Plan attached to the commitment prior to signing a contract. The contractor will be required to provide the LCA with a completed Economic Opportunity Report with their final Certified Payroll Report. TO: AGENCY REPORT OF CONTRACT AWARD Program Manager/Contract Compliance Officer, Grants Management Unit Community Development Commission, County of Los Angeles Project Name Name of the Local Contracting Agency (LCA) Project Number EXHIBIT — 20 Date: Agency's Primary Contact Person LCA — Labor Standards Officer's Name This Agency reports the date for ❑formal bid opening, or ❑informal solicitation for this construction contract was: This ❑Contract ❑Subcontract was awarded to the contractor identified below on (Date) The contract amount for the construction activity to be performed by this Contractor, as detailed below, is: $ THE SPECIFIC Estimated Start Date: Estimated Completion Date: LSO Initials IDENTIFY THE TRADES TO BE USED BY THIS CONTRACTOR AT THE CONSTRUCITON SITE Estimated Workforce: Asbestos Worker Equipment Operator Group Lather Roofer Bricklayer Glazier Marble setter Sheet metal worker Carpenter Ironworker Painter Terrazzo Worker Cement Mason Laborer Group Plasterer Tile layer ElectricianH Labor/Striper Group Plumber (other) 3. This is a Section 3 qualified contract and a Section 3 Pre -Bid Meeting was held on (Date) El N/A A copy of the completed Section 3 Bid Evaluation form was provided to the CDC on (Date) ❑N/A 4. The LCA verified this Contractor's Eligibility prior to contract award and documented the project file with search results from: The List of Parties Excluded from federal contract award internet website (htlos:l/www.sam.gov) on (Date) The California Contractors State Licensing Board (CSLB) internet website (hfp://www.csib.ca.govl on (Date) The California Department of Industrial Relations (DIR) internet website (https://efiling.dir.ca.gov) on (Date) 5. The Contractor(s) acknowledge, by signature below, that: "This construction project is funded in whole or in Part with Federal funds." 6. A copy of the Federal Labor Standards Provisions (HUD -4010 form), is attached to the contractor's copy of this form. 7. A copy of the applicable Federal Wage Decision (identified below) is attached to the contractor's copy of this form. Federal Wage Decision Number: CA Mod._, DATED (htto:/N✓wwmdol.govo. 8. The Contractor(s) further acknowledge that federal prevailing wage and fringe benefit rates must be paid to all workers each week. 9. The LCA sent a Notice of Contract Award letter to the U.S. Dept. of Labor, OFCCP (contracts $10,000 or more) on (Date) ❑N/A []PRINT— OPdme Contractor ❑Subcontractor Company Name ❑PRINT-0Prime❑Sub OLower-tier Contractor Company Name Signature: _ Print Name: Title: Address: Employer Identification Number: Contractor License Number: []Black American ❑ Women Owned Business ❑White American []Minority Owned Business []Hispanic American ❑Section 3 Quafified Business Signature: _ Print Name: Title: Address: Employer Identification Number: Contractor License Number: ❑Native American []Black Amencan E] Women Owned Business ❑Hasidic Jews ❑White American []Minority Owned Business []AsianrPacific American ❑Hispanic American ❑Section 3 Quafified Business ❑Native American ❑Hasidic Jews []Asian/Pacific American EXHIBIT - 20 GUIDELINES FOR COMPLETING THE AGENCY REPORT OF CONTRACT AWARD FORM The Agency Report of Contract Award (ARCA) form is designed to protect the interest of all parties concerned and should be completed at the preconstruction conference. Send a copy of the completed form to the GMU Program Manager/Contract Compliance Officer via email. The ARCA will be processed as follows: • Local Contracting Agency (LCA) must; o Enter the basic project information on the form, o Enter the dollar amount of the Prime Contract o Explain the prevailing wage requirements as outlined in the specifications, o Do not sign the form until it is returned, completed by the prime and/or sub, o Collect form from the contractor and review for accuracy, o Sign and fax or email completed forms to the CDBG Reporting Unit. Prime Contractor must; o Provide an estimated start and end date, and a summary the Scope of Work, o Identify the basic trades and number of workers to be used on site, o Complete lower left section — business address and EEO portion, and o Sign and return the form to the LCA. o For Subcontractor form, provide the dollar amount of each subcontract • Ensure subcontractor has a copy of the HUD -4010 form & Federal Wage Decision • Collect form from the subcontractor, review it for accuracy, and forward to LCA. • Subcontractor must; o Provide an estimated start and end dale, and a summary the Scope of Work, o Identify the basic trades and number of workers to be used on site, o Complete lower right section — business address and EEO portion, and o Sign and return the form to the Prime Contractor. 1. Date of formal Bid Opening or Informal Solicitation Date: LCA identifies the date of formal bid opening was held. For an informal solicitation, the date that the contractor signed a construction contract with the LCA. 2. Contract Award Date: Prime Contracts, the date an agreement was signed with the LCA. Subcontracts, the date an agreement was signed with the prime contractor. 3. Section 3 Qualified Contracts: The agency's LSO or Section 3 Coordinator will conduct a presentation at the Section 3 Pre -Bid Meeting. The meeting must be held by the LCA to inform prospective bidders of hiring and employment requirements and the bid preference opportunity allowed by the Section 3 requirements. Also, during the bid evaluations, the LCA will include a Section 3 analysis to determine each bidder's Section 3 Responsiveness and provide CDC with a copy of their evaluation. 4. Contractor Eligibility: Prior to awarding any contract or subcontract the LCA must ensure that each contractor is eligible to receive a federally -funded construction contract. Ensuring that each contractors license is current and active is part of the LCA bid evaluation process and the eligibility check includes: 1. Obtaining the state license number of each bidder and proposed subcontractor 2. Contact the CA Contractor State License Board at (800) 321-2752 or on-line at htto://www.cslb.ca.aov 3. Enter the contractor's license number and click on "Check License" 4. The License Detail page will display; Business Information, License Status, Personnel List, etc. 5. Print a copy of this page to assist in completing the contractor's eligibility verification. 6. Access the CA Department of Industrial Relations website(httos'//efilina.dir.ce.cov/PWCR/Search.action) 7. Access the Federal List of Excluded Parties on-line at httos://wvnv.sam.gov/ 8. Enter the business name and all personnel as they appear on the license search 9. The results of your search will be displayed, print a copy and place it in your Labor Standards Enforcement file 5. Contractor Acknowledgement: acknowledges that the project is federally -funded and the prevailing wage requirements of the Davis -Bacon and Related Acts will be administered, monitored, and enforced by the LCA, or their assigned representative, in accordance with the Federal Labor Standards Provisions. 6. Federal Labor Standards Provisions: A copy of the current HUD -4010 form that outlines the labor requirements for each contractor must be included in the bid specifications for all formal competitive bids, or physically attached to each Prime Contract awarded for informal contracts under $25,000. The Prime Contractor must attach a current copy of the HUD4010 form to each subcontract. 7. Federal Wage Decision: A copy of the current Wage Decision that identifies the minimum hourly wage and fringe benefit payments to workers must also be included in the bid specifications for all formal competitive bids, or physically attached to each Prime Contract awarded for informal contracts under $2,000. The Prime Contractor must attach a copy of the applicable Wage Decision and HUD4010 form to each subcontractor ARCA to ensure that each subcontractor was informed of his/her obligation to pay prevailing hourly wages and fringe benefits to workers each week. 8. Contractor's Acknowledgement: Federal prevailing wage and fringe benefits rates must be paid to workers each week. 9. Notice of Contract Award: For all contracts awarded in the amount of $10.000 or more, the LCA must ensure that a "Notice of Contract Award" letter is sent to the Office of Federal Contract Compliance Programs (OFCCP) at the address below and a copy of the signed letter must be placed in the project file. U.S. Department of Labor, Office of Federal Contract Compliance Programs 1640 South Sepulveda Boulevard, Suite 440 Los Angeles, CA 90024 EXHIBIT - 21 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION Project Contracting Agency Project Number: This is to certify that the principal and the authorized payroll officer(s), listed below, have received and read and a copy of the Federal Labor Standards Provisions (HUD -4010) and a copy of the Contractor's Guide to prevailing Wage Requirements for Federally -Assisted Construction Projects, and that they understand the labor standards clauses pertaining to the above listed projects. The following person(s) is/are designated as payroll officer for the undersigned and is/are authorized to sign the Statement of Compliance forms which will accompany each weekly payroll report for contractor listed below during the duration of this project. ❑ Contractor ❑Subcontractor Business Name Officer Name (Print) Payroll Officer Name (Print) License Number Payroll Officer (Signature) Payroll Officer (Signature) of Person Authorized to Sign (Print) (Authorized Signature) Date B j ; 4t ( ` \ ------------------------------ Hi� 10 \\\ ^ ; N N H m x W I N z O F U W N C O E U 0 w O Om o m E N O O v LL 'OC >.fYD w0 OF c . 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D m m Oco D Y QK n Z D L v � t DNpN o d N L J'X D LL oZ�t v o v momma ES of `wm CO Z m o c Nmo g v y E p D a v m v v v E '-20 Tm N vvN v D L m ou 2aN > v -o 'c `o J m 'c m O n O a avio o tyvD N 3 N 1 0 0 N vL8 y.EO 3 m v m N 0 m v '3 8 c L rn 8 8 a N v m .?n$o "003 vm co c �cvn-c 5 a Dc�N `Nc E N v Q 2 cvEo ' yJ o oaoo Tv 10_ CT `o cy��j .Oc- aO m�m8 va`o om L�, amO �� o Loyd �omc Q yDE v p Dcapia �'L'oc `v N �am c8n'm N n �'v� NC cm .0 NF cNTv DCJ~ LL L�nD L U cc vin &:s- J c E Twoo w ,N3v N Z - T U o $N Oi O a C N RI C N C > n� aNTdjN N NNN v �yL N� W �>ON N C y� z D v v j ND CN.?VO QW'O"O a�AQ O_' E p am�N N T CEdC CdDJ > ❑ T EN- (T O gym mai v Ayc ipm p� SyLLo ~NdL F Olm F N b Q a y E N_ Q 0 tC N D Y D C'I (NO 8 N N d H y FRINGE BENEFIT PAYMENT CERTIFICATION PROJECT NAME IW1/:11:11 a LOCAL CONTRACTING AGENCY CDBG Project Number: Work Classification Name, Address, and Telephone Number HOURLY FRINGE BENEFITS PROVIDED of the Approved Plan, Fund, or Program Health & Welfare $ Pension $ Vacation $ Apprentioeshipffraining$ Other (explain) $ TOTAL HOURLY FRINGE $ Health & Welfare $ Pension $ Vacation $ Apprentimshipffraining $ Other (explain) $ TOTAL HOURLY FRINGE $ Health & Welfare $ Pension $ Vacation $ Apprenticeshipffraining $ Other ex Iain $ TOTAL HOURLY FRINGE $ Health & Welfare $ Pension $ Vacation $ Apprenticeshipffrainin $ Other (explain) $ TOTAL HOURLY FRINGE $ Health & Welfare $ Pension $ Vacation $ A renticeshi /rrainin $ Other (explain) $ TOTAL HOURLY FRINGE $ I Certify under penalty of oedury that: ❑ I make payments to approved fringe benefit plans, funds, or programs as listed above. OR ❑ I DO NOT make payments to approved fringe benefit plans, funds, or programs. Benefits are added to hourly rates and paid each week to the employees. (Print Company Name) (Print Name of Person Authorized to Contractor License Number: By: Date: Title: EXHIBIT - 23 EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING You must be paid not less than the wage rate listed in the Davis -Bacon WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis -Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below: or contact the U.S. Department of Labor's Wage and Hour Division. For additional information: ME (1-866-487-9243) TTY: 1-877-889-5627 U.S. WW and How Divlm WWW.WAGEH0UR.D0L.G0V U.S. Department of Labor I Employment Standards Administration I wage and Hour Division wars nnr.""noel EXHIBIT - 23 DERECHOS DEL EMPLEADO BAJO LA LEY DAVIS-BACON PARA OBREROS Y MECANICOS EMPLEADOS EN PROYECTOS DE CONSTRUCCIUN FEDERAL 0 CON ASISTENCIA FEDERAL LA SECCION DE HORAS Y SUELDOS DEL DEPARTAMENTO DE TRABAJO DE EEUU SALARIOS No se le puede pager menos de la toss de pago indicada an Is Decision de Salarios PREVALECIENTES Davis -Bacon fijada con este Aviso para el trabajo qua Ud. desempena. SOBRETIEMPO Se Is he de pagar no menos de tiempo y medic de su lase basica de pago por o p6ngase an contacto con la Seccidin de Horas y Sueldos del Departamento de Trabajo de EEUU. Para obtener informacion adicional: �� 1-866-4-USWAGE (1-866-487-9243) TTY: 1-877-889-5627 O.S. Wage ao Hn on WMMAGEHOURMOL.GOV U.S. Depawent of labor I Employment Standards Administration I Wage and Hour Division WN 1J31 SPA(R.Am "2M) todas las horns trabajadas an exceso de 40 an una semana laboral. Existen pocas excepciones. CUMPLIMIENTO Se pueden retener pagos por contratos para asegurarse qua los obreros reciban los salarios y el pago de sobretiempo debidos, y se podria splicer dartos y perjuicios si no se cumple con las exigencies del pago de sobretiempo. Las clfiusulas contractuales de Davis -Bacon permiten la terminaci6n y exclusi6n de contratistas para efectuar futuros contratos federales hasta tres anos. EI contratista qua falsifique los registros certificados de las n6minas de pago o induzca devoluciones de salarios puede ser sujeto a procesamiento civil o criminal, multas y/o encarcelamiento. APRENDICES Las tasas de aprendices s6lo se aplican a aprendices comectamente inscritos bajo programas federales o estatales aprobados. PAGO Si Ud. no recibe all pago apropiado, o precise de infonnaci6n adicional sobre los APROPIADO salarios aplicables, p6ngase an contacto con el Contratista Oficial qua aparece abajo: o p6ngase an contacto con la Seccidin de Horas y Sueldos del Departamento de Trabajo de EEUU. Para obtener informacion adicional: �� 1-866-4-USWAGE (1-866-487-9243) TTY: 1-877-889-5627 O.S. Wage ao Hn on WMMAGEHOURMOL.GOV U.S. Depawent of labor I Employment Standards Administration I Wage and Hour Division WN 1J31 SPA(R.Am "2M) Employers Holding Federal Contracts or Subcontracts Applicants to and employees of companies with a Federal government contract or subcontract are protected under the following Federal authorities: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment. INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended, prohibits job discrimination because of disability and requires affirnative action to employ and advance in employment qualified individuals with disabilities who, with reasonable accommodation, can perform the essential functions of a job. VIETNAM ERA, SPECIAL DISABLED, RECENTLY SEPARATED, AND OTHER PROTECTED VETERANS Equal Employment Opportunity is EXHIBIT -23 THE LAW 1964, as amended, prohibits Private Employment, performing substantially equal work, in jobs that State and Local Governments require equal skill, effort and responsibility under Educational Institutions, similar working conditions, in the same Employment Anencles and establishment. Labor Oroanizatlons aspects of employment, on the Programs or Activities Recelvino RETALIATION Applicants to and employees of Retaliation is prohibited against a person who files a most private employers, state charge of discrimination, participates in a and local governments, discrimination proceeding, or otherwise opposes educational institutions, discrimination underthese Federal laws. employment agencies accommodate an employee's and labor organizations are If you believe that you have been discriminated protected under the following against under any of the above laws, and to ensure Federal laws: that you meet strict procedural timelines to preserve RACE, COLOR, RELIGION, the ability of EEOC to investigate your complaint and SEX, NATIONAL ORIGIN to protect your right to file a private lawsuit, you objective of the financial assistance is provision of should immediately contact: The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C., 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment qualified Vietnam era veterans, qualified special disabled veterans, recently separated veterans, and other protected veterans. A recently separated veteran is any veteran during the three year period beginning on the date of such veteran's discharge or release from active duty in the U.S. military, ground, naval or air service. RETALIATION Retaliation Is prohibited against a person who files a charge of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws. Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately: The Office of Federal Contract Compliance Programs (OFCCP), Employment Standards Administration, U.S. Department of Labor, 200 Constitution Avenue, N W., Washington, DC 20210, (202) 693-0101 or call an OFCCP regional or district office listed in most telephone directories under U.S. Government, Department of Labor. For individuals with hearing impairment, OFCCP's TTY number is (202)693-1337. Title VII of the Civil Rights Act of The U.S. Equal Employment Opportunity 1964, as amended, prohibits Commission (EEOC), Washington, DC 20507 or an discrimination in hiring, EEOC field office by calling toll free (1-800) 669 - promotion, discharge, pay, fringe 4000. For individuals with hearing impairments, benefits, job training, EEOC's toll free TTY number is 1-800 669-6820. classdication, referral, and other Publication OFCCP 1420 aspects of employment, on the Programs or Activities Recelvino basis of race, color, religion, sex Federal Financial Assistance (including pregnancy and sexual harassment) or national origin. RACE, COLOR, SEX, NATIONAL ORIGIN Religious discrimination includes failing to reasonably In addition to the protection of Title VII of the Civil accommodate an employee's Rights Act of 1964, as amended, Tills VI of the Civil religious practices where the Rights Act prohibits discrimination on the basis of accommodation does not impose race, color or national origin in programs or activities undue hardship. receiving Federal financial assistance. Employment DISABILITY discrimination is covered by This VI if the primary objective of the financial assistance is provision of Title I and Title V of the employment, or where employment discrimination Americans with Disabilities Act of causes or may cause discrimination in providing 1990 (ADA), as amended, services under such programs. protect qualified applicants and employees with disabilities from This IX of the Education Amendments of 1972 discrimination in hiring, prohibits employment discrimination on the basis of promotion, discharge, pay, job sex In educational programs or activities which training, fringe benefits, receive Federal assistance. classffication, referral, and other aspects of employment on the INDIVIDUALS WITH DISABILITIES basis of disability. Section, 504 of the Rehabilitation Act of 1973, as The law also requires that amended, prohibits employment tliscrimination on covered entities provide qualified the basis of disability in any program or activity which applicants and employees with receives Federal financial assistance in the federal disabilities with reasonable government, public or private agency. accommodations, unless such Discrimination is prohibited in all aspects of accommodations would impose employment against persons with disabilities who, an undue hardship on the with or without reasonable accommodation, can employer. perform the essential functions of ajob. AGE If you believe you have been discriminated against in The Age Discrimination in a program of any institution which receives Federal Employment Act of 1967, as assistance, you should contact immediately the amended, protects applicants Federal agency providing such assistance. and employees 40 years of age or older from discrimination on Publication OFCCP 1420 the basis of age in hinng, Revised August 2008 promotion, discharge, compensation, terms, conditions or privileges of employment. SEX (WAGES) In addition to sex discrimination prohibited by Title Vil of the Civil Rights Act of 1964, as amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in payment of wages to women and men LA IGUALDAD DE OPORTUNIDADES DE EMPLEO EXHIBIT -23 ES LA LEY Emoleadores Quit bonen contratos o Los empleados y postulantes a Remuneraciones de 1963, con sus modificaciones, subcontratos con at Goblemo Federal empleos de la mayor parte de los prohibe la discrtminaci6n sexual an at pago de Los empleados o postulantes a empleos de empleadores privados, gobiemos salanos a mujeres y hombres qua basicamente wmpahms qua tienen wntratos o subcontratos del estatales y locales, insffiuciones realicen igual trabajo, an empleos que requieren gobiemo federal gozan de to protecci6n otorgada por educativas, agencies de empleo igual capacidad, esfuerzo y responsabilldad, an las siguienles instituciones federales: y organizaciones laborales gozan wndiciones laborales similares y an at mismo de to promcci6n otorgede por las eslablecimiento. RAZA, COLOR, RELIGON, SEXO, siguientes Jeyes lacerates: NACIONALIDAD REPRESALIA EI Decreto 11246 (Executive Order 11246), con sus RAZA, COLOR, REUG16N, Oueda prohibitla toda represalia contra una persona moditicaciones, prohibe la discriminacion laboral en SEXO, NACIONALIDAD que presenia on cargo de disaiminaci6n, participa moon de raza, color de piel, religion, sexo o La Ley de Derechos Civiles de an un procedimiento de contra la discriminaci6n o, nacionalidad, y requiere la action affirmative para 1964, Titulo VII (The Civil Rights de aiguna otra manors, se opone a Is discriminacion garantizar Is igualdad de oportunidades en todos los Act of 1990), y sus de conformidad can las leyes federales. aspectos laborales. modificaciones, prohibe toda discriminaci6n an relaci6n con la Si cree que he sufrido aiguna discriminaci6n, de PERSONAS CON DISCAPACIDADES contrataci6n, ascenso, despido, conformidad con algunas de las leyes anteriores, y remunerni6n, compensaciones para garantizar que rumple con los estnctos EI Articulo 503 de Is Ley de Rehabildacion de adicionales, capachacion, cronogramas procesales a fin de preserver to 1973(The Rehabilitation Act of 1973), con sus clasificaci6n, referencias, y otros capacidad de la EEOC para investigar su queja y moddicaciones, prohibe la discriminaci6n laboral por aspectos laborales, an rez6n de para proteger su derecho a iniciar una demanda discapacidad y requiere Is acci6n afirmativa de Is raza, el color de la piel, la pdvada, debe ponerse an wntacto tle inmediato emplear y avanzar an el empleo de personas religion, el sem (incluidos can: discapacitadas idoneas que, mediante una embarazo y awso sexual) o to adaptaci6n razonable, puedan Hover a can las nacionalidad. For disaiminaci6n La Common Federal de Igualtlad de Oportunidades funciones esenciales de un trabajo. religiose as entiende, entre otros, de Empleo de los EE.UU. (The US Equal to (alta de adaptaci6n razonable Employment Opportunity Commission -EEOC), VETERANOS DE VIETNAM CON para las praaicas religioses de Washington, DC 205076 con una oficina de Is DISCAPACIDADES ESPECIALES, un empleado siempre que to EEOC telef 5nicamente a to linea gratuita (1-800) RECIENTEMENTE RETIRADOS Y OTROS adaptaci6n no provoque una 669-4000. Para las personas con discapacidad VETERANOS BAJO PROTECC16N diticullad economics excesiva. audiliva, la linea gratum TTY de la EEOC as 1-800 669-6820. La Ley de Asistencia a la Readaptacion de DISCAPACIDAD Propremas o atlas que reciben apoyo Veteranos de Vietnam de 1974 (The Vietnam Era con ley de Fades 11990 oralactl financlero federal Vererans' Readjustment Assistance Aa of 1974), y Di de 1990 (The ( Discapans sus mods icaciones, 38 U.S.C., 4212, prohibe toda with Americans with Disab is Act of RAZA, COLOR, CIONALIDAD disaiminacion laboral y requiere Is scci6n afinnativa V, c y V, can sus Ademas del Titulo VII de l Derechos Civiles o VilSEXd la Ley de Derechos de emplear y avanzar an el empleo de veterans de s, protege a mod1990-ADA), es, pre cLey , con sus el Titulo de la Vietnam id6neos, veteranos idoneos con empleados y postulantes id empleados y ladificaciones, por raza, color mi mal a misma ley prohibe la den discapacidades especiales, veterans recientemente contra la con discapacidades Is programas y aaividatles de piel o nacionalidad programa retirados y otros veterans bajo protection. Un i naci6an relacidn con la que reciben apoyo n federal. La veterano recientemente retirado as todo veterano cion, whist acidn, ascenso, o, rel eshero laboral alta wntemplatla el Titulo tliscria] durante at periodo de Ines shoe a partir de la fecha remunenaci6n, caci ft, remun idn, obje6n principal del apoyo anciero la ie el obdo an que fue dodo de baja o dej6 el servicio aclivo an be ales, a l provision tle empleo, o que la discrimination pr v in el Ej6rcito, la Marina Q la Fuerza Aerea de los EE. 1 dasifceti6n, relerencia5 y otros sifimcs n, ref rani laboral muse, o puede causer, discriminaci6n an la causer, UU. aspectos laborales an raz6n de la provision de servicios an el marco de esos REPRESALIA discapacidad. programas. Quads prohibitla toda represalia contra una persona qua presents un cargo de discriminacion, participa La ley tambien requiere que las EI Thulo IX de las Modifcaciones de 1972 a is Ley an un procedimiento del Programa OFCCP o, de entidades contempladas provean de Eduwci6n (Education Amendments of 1972) aiguna otra manors, se opone a la discriminaci6n de las adaptaciones razonables que prohibe Is dischminaci6n laboral an raz6n de sexo wnformidad can las leyes federales. necesilen los empleados y an los programas o aaividades educativas que postulantes can discapacidades, reciben apoyo federal. Toda persona que see que un conlralista he violado a menos que ease adaptaciones sus obligaciones de no disaiminaci6n o acc16n causen una diticultad econdmica PERSONAS CON DISCAPACIDADES afrmativa, segun las Fuentes anteriores, Bebe excesiva at empleador. ponerse an wntacto de inmediato con: EI Articulo 504 de Is Ley de Rehabilitacidn de 1973 , EDAD con sus modificaciones, prohibe la discriminaci6n La Oficina de Programas de Cumplimiento de La Ley de Discriminaci6n Larval laboral por discapacidad an todo programa o Contretos Federales (The Office of Federal Contract Dor Eded de 1967 (The Age aaividad que recibe apoyo Financiero federal an el Compliance Programs-OFCCP), Employment Discrimination in Employment Act gobiemo federal y las agencies Piblicas o privadas. Standards Administration, U.S. Department of Labor, of 1967), can sus modificaciones, Quads prohibitla la discriminaci6n an todos los 200 Constitution Avenue, N.W., Washington, DC protege a los empleados y aspens laborales contra personas can 20210, (202) 693-0101 o Hamer a una oficina de Is postulantes de 40 ados o mal discapacidades que puedan realizar las tareas OFCCP regional o de distmo consignada an la contra la discriminaci6n por aced esenciales relacionadas con ese puesto, sin mayor parte de los direaorios telef6nicos an U.S. an relaci6n con la contratacion, perjuicio de que results o no necesario efeauar una Government, Department of Labor (Gobiemo de los ascenso, despido, adaptaci6n razonable EE.UU., Departamenlo de Trabajo). Pare personas compensaciones, wndiciones o can discapacidad audi ive, el humero TTY de to privilegios laborales. Si cree que he sufrido discriminacion an relaci6n can OFCCP as (202) 693-1337. un programa de cualquier instRuci6n que reciba SEXO (SALARIOS) apoyo federal, debe contactarse de inmediato can Is Ademas de to discriminacion agencia federal que bnnda ass apoyo. Emoted Privado, Qobiernos estatales v locales sexual prohibitla por to Ley de instituclones educativas, aoencias de empleo v Derechos Civiles de 1964, Titulo Publicaci6n OFCCP 1420 organizaclones laborales VII, y sus modilicaciones, la Ley Se revis6 an agosto de 2008 de Igualtlad an las "General Decision Number: CA20230022 03/17/2023 Superseded General Decision Number: CA20220022 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Los Angeles County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered Executive Order 14026 linto on or after January 30, 1 generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an 1. The contractor must pay loption is exercised) on or I all covered workers at lafter January 30, 2022: 1 least $16.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2023. �If the contract was awarded ons. Executive Order 13658 for between January 1, 2015 ands generally applies to the January 29, 2022, and the contract. (contract is not renewed or The contractor must pay alll extended on or after January I covered workers at least 130, 2022: 1 $12.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2023. 1 The applicable Executive Order minimum wage rate will be file:///C/Users/echan[Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] EXHIBIT - 24 adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2023 1 01/13/2023 2 01/20/2023 3 02/10/2023 4 03/17/2023 ASBE0005-002 07/04/2022 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ 49.58 25.27 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ...........................$ 32.09 19.66 ASBE0005-004 07/04/2022 Rates Fringes Asbestos Removal workerihazardous material handler (includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 23.52 13.37 BOIL0092-003 01/01/2021 Rates Fringes file:///C/Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] BOILERMAKER ......................$ 46.03 38.81 * BRCA0004-007 05/01/2020 Rates Fringes BRICKLAYER; MARBLE SETTER ........ $ 41.53 19.48 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate BRCA0018-004 06/01/2022 Rates Fringes MARBLE FINISHER ..................$ 37.87 14.13 TILE FINISHER ....................$ 32.44 12.54 TILE LAYER .......................$ 45.05 18.33 BRCA0018-010 09/01/2022 Rates Fringes TERRAZZO FINISHER ................$ 38.37 14.13 TERRAZZO WORKER/SETTER ........... $ 46.49 14.66 CARP0213-001 07/01/2021 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 51.60 16.28 (2) Millwright ..............$ 52.10 16.48 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 51.73 16.28 (4) Pneumatic Nailer, Power Stapler ...............$ 51.85 16.28 (5) Sawfiler...............$ 51.69 16.28 (6) Scaffold Builder ....... $ 42.80 16.28 (7) Table Power Saw Operator ....................$ 51.70 16.28 file:///C/Users/echan/Downloads/ca22°/u20(2).txt[3/23/2023 10:12:42 AM] FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0213-002 07/01/2021 Rates Fringes Diver (1) Wet .....................$ 834.40 16.28 (2) Standby .................$ 445.84 16.28 (3) Tender ..................$ 437.84 16.28 (4) Assistant Tender ........ $ 413.84 16.28 Amounts in ""Rates' column are per day CARP0213-004 07/01/2021 Rates Fringes Drywall DRYWALL INSTALLERILATHER.... $ 51.60 16.28 STOCKER/SCRAPPER ............ $ 22.16 8.62 CARP0721-001 07/01/2021 Rates Fringes Modular Furniture Installer ...... $ 21.85 7.15 * ELEC0011-004 01/30/2023 Rates Fringes ELECTRICIAN (INSIDE ELECTRICAL WORK) Journeyman Electrician ...... $ 59.00 3%+29.77 ELECTRICIAN (INTELLIGENT TRANSPORTATION SYSTEMS Street Lighting, Traffic Signals, CCTV,and Underground Systems) Journeyman Transportation Electrician .................$ 59.00 3%+29.77 Technician ..................$ 44.25 3%+29.77 FOOT NOTE: CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per hour above Journeyman Electrician basic hourly rate. TUNNEL WORK: 10% additional per hour. file:///C/Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] SCOPE OF WORK - TRANSPORTATION SYSTEMS ELECTRICIAN: Installation of street lights and traffic signals, including electrical circuitry, programmable controllers, pedestal -mounted electrical meter enclosures and laying of pre -assembled multi -conductor cable in ducts, layout of electrical systems and communication installation, including proper position of trench depths and radius at duct banks, location for man holes, pull boxes, street lights and traffic signals. Installation of underground ducts for electrical,telephone, cable television and communication systems. Pulling,termination and splicing of traffic signal and street lighting conductors and electrical systems including interconnect,detector loop, fiber optic cable and video/cable. TECHNICIAN: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, detector loop, fiber optic cable and video/data. * ELEC0011-005 12/27/2021 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer ...................$ 43.87 3%+15.03 Technician ..................$ 33.30 3%+27.82 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information file:///C/Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] and/or control systems that are intrinsic to the above listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems Background -Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low -Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems -installation, wire pulling and testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CATV and CCTV E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms -In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. 2. Fire Alarms -Open Wire Systems: installed by the Technician. ELEC 1245-001 06/01/2022 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 64.40 22.58 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment) .............$ 50.00 21.30 (3) Groundman...............$ 38.23 20.89 (4) Powderman...............$ 51.87 18.79 file:///C/Users/echan/f)ow loads/ca22%20(2).txt[3/23/2023 10:12:42 AMI HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0018-001 01/01/2023 Rates Fringes ELEVATOR MECHANIC ................$ 63.95 37.335+a+b FOOTNOTE: a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENG10012-003 07/01/2022 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1 ....................$ 51.90 30.70 GROUP 2 ....................$ 52.68 30.70 GROUP 3 ....................$ 52.97 30.70 GROUP 4 ....................$ 54.46 30.70 GROUP 5 ....................$ 48.96 25.25 GROUP 6 ....................$ 54.68 30.70 GROUP 8 ....................$ 54.79 30.70 GROUP 9 ....................$ 49.29 25.25 GROUP 10 ....................$ 54.91 30.70 GROUP 11 ....................$ 49.41 25.25 GROUP 12 ....................$ 55.08 30.70 GROUP 13 ....................$ 55.18 30.70 GROUP 14 ....................$ 55.21 30.70 GROUP 15 ....................$ 55.29 30.70 GROUP 16 ....................$ 55.41 30.70 GROUP 17 ....................$ 55.58 30.70 GROUP 18 ....................$ 55.68 30.70 GROUP 19 ....................$ 55.79 30.70 GROUP 20 ....................$ 55.91 30.70 GROUP 21 ....................$ 56.08 30.70 GROUP 22 ....................$ 56.18 30.70 GROUP 23 ....................$ 56.29 30.70 GROUP 24 ....................$ 56.41 30.70 GROUP 25 ....................$ 56.58 30.70 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) file:///C/Users/echan/Downloads/ca22°/u20(2).txt[3/23/2023 10:12:42 AM] GROUP 1 ....................$ 53.25 30.70 GROUP 2 ....................$ 54.03 30.70 GROUP 3 ....................$ 54.32 30.70 GROUP 4 ....................$ 54.46 30.70 GROUP 5 ....................$ 54.68 30.70 GROUP 6 ....................$ 54.79 30.70 GROUP 7 ....................$ 54.91 30.70 GROUP 8 ....................$ 55.08 30.70 GROUP 9 ....................$ 55.25 30.70 GROUP 10 ....................$ 56.25 30.70 GROUP 11 ....................$ 57.25 30.70 GROUP 12 ....................$ 58.25 30.70 GROUP 13 ....................$ 59.25 30.70 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 ....................$ 54.53 30.70 GROUP 2 ....................$ 54.82 30.70 GROUP 3 ....................$ 54.96 30.70 GROUP 4 ....................$ 55.18 30.70 GROUP 5 ....................$ 55.29 30.70 GROUP 6 ....................$ 55.41 30.70 GROUP 7 ....................$ 55.71 30.70 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator -inside; Engineer Oiler; Forklift operator (includes feed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt -rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. file:///C/Users/echm/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra -hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system file:///C/Users/echao/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt -rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Toumeau blob compactor or similar type; Loader operator (Athey, Euclid, Siena and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth -moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self -loading paddle wheel type -John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or 5000 auger or similar types -Texoma 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor file:///C/Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type -except Quad 9 cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) file:///C/Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired file:///CfUsers/echan/Downloads/ca22°/u20(2).txt[3/23/2023 10:12:42 AM earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator Oobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and file:///C/Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power -driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman file:///C/Users/echan/Downloads/ca22%20(2).txtf3/23/2023 10:12:42 AM] GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW comer of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW comer of T31 S, R32E, MDM. Continue W to the NW comer of T31 S, R31 E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW comer of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T] 1N, R17W, SBM. Continue E along south boundary of Tl 1N, SBM to SW corner of TI 1N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, RIE, SBM. Continue S along west boundary of RI E, SMB to Riverside County line at the SW corner of Tl S, R E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of TIS, R]OE, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of TBS, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, file:///C/Users/echWDownloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31 S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW comer of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW comer of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21 W, SBM. Continue N along East side of R21 W, SBM to Ventura County and Kern County boundary at the NE corner of TBN, R21 W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21 W. Continue North along the East edge of R21 W, SBM to the NE corner of T12N, R21 W, SBM. Continue West along the north edge of T12N, SBM to the SE comer of T32S, R21E, MDM. [T12N SBM is a think strip between TI IN SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for 1NYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, TION, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, TBS, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE comer of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along file:///C/Users/echan/Downloads/ca22°/n20(2).txt[3/23/2023 10:12:42 AM] the state line to the starting point, which is the center of Section 18, TION, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENG10012-004 08/01/2022 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 61.60 32.50 (2) Dredge dozer ............ $ 55.63 32.50 (3) Deckmate................$ 55.52 32.50 (4) Winch operator (stern winch on dredge) ............ $ 54.97 32.50 (5) Fireman -Oiler, Deckhand, Bargeman, Leveehand...................$ 54.43 32.50 (6) Barge Mate ..............$ 55.04 32.50 IRON0433-006 01/01/2023 Rates Fringes IRONWORKER Fence Erector ...............$ 41.28 25.66 Ornamental, Reinforcing and Structural ..............$ 46.20 34.30 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock file:///C[Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] LABO0300-001 07/01/2022 Rates Fringes Brick Tender .....................$ 37.32 21.45 LABO0300-003 07/01/2022 Rates Fringes LABORER (TUNNEL) GROUP 1 .....................$ 45.68 23.30 GROUP 2 .....................$ 46.00 23.30 GROUP 3 .....................$ 46.46 23.30 GROUP 4 .....................$ 47.15 23.30 LABORER GROUP 1 .....................$ 36.39 21.04 GROUP 2 .....................$ 36.94 21.04 GROUP 3 .....................$ 37.49 21.04 GROUP 4 .....................$ 39.04 21.04 GROUP 5 .....................$ 39.39 21.04 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod file:///CNsers/echan/Downloads/ca22p/20(2).txt[3/23/2023 10:12:42 AM] steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, time caustic and similar type materials (""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether file:///C/Users/echan/Dow loads/ca22%20(2).txt[3/23/2023 10:12:42 AM] core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars;; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work LABO0300-005 08/01/2022 Rates Fringes Asbestos Removal Laborer ......... $ 39.23 23.28 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos -containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LABO0345-001 07/01/2022 Rates Fringes LABORER (GUNITE) GROUP 1 .....................$ 48.50 21.37 GROUP 2 .....................$ 47.55 21.37 GROUP 3 .....................$ 44.01 21.37 file:///CNsers/echan/Downloads/ca22°/u20(2).txt[3/23/2023 10:12:42 AM] FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen LABO 1184-00107/01/2022 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer ... $ 40.69 18.25 (2) Vehicle Operator/Hauler.$ 40.86 18.25 (3) Horizontal Directional Drill Operator ..............$ 42.71 18.25 (4) Electronic Tracking Locator .....................$ 44.71 18.25 Laborers: (STRIPING/SLURRY SEAL) GROUP 1 .....................$ 41.90 21.32 GROUP 2 .....................$ 43.20 21.32 GROUP 3 .....................$ 45.21 21.32 GROUP 4 .....................$ 46.95 21.32 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and file:///C[Users/echan/Downloads/ca22"/u20(2).txt[3/23/2023 10:12:42 AM] preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment LABO 1414-001 08/03/2022 Rates Fringes LABORER PLASTER CLEAN-UP LABORER .... $ 38.92 23.32 PLASTER TENDER ..............$ 41.47 23.32 Work on a swing stage scaffold: $1.00 per hour additional. PAIN0036-001 07/01/2020 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) ...............$ 29.59 17.12 (2) All Other Work .......... $ 33.12 17.24 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. PAIN0036-006 09/01/2022 Rates Fringes file://IC[Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] DRYWALL FINISHER/TAPER Antelope Valley North of the following Boundary: Kern County Line to Hwy. #5, South on Hwy. 45 to Hwy. N2, East on N2 to Palmdale Blvd., to Hwy. #14, South to Hwy. #18, East to Hwy. #395...........$ 42.15 23.52 Remainder of Los Angeles County ......................$ 46.28 23.52 PAIN0036-015 01/01/2020 Rates Fringes GLAZIER ..........................$ 43.45 23.39 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up * PAIN 1247-002 01/01/2023 Rates Fringes SOFT FLOOR LAYER .................$ 41.60 16.38 PLAS0200-009 08/03/2022 Rates Fringes PLASTERER ........................$ 47.37 19.64 PLAS0500-002 07/01/2020 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 38.50 25.91 PLUM0016-001 09/01/2022 Rates Fringes PLUMBER/PIPEFITTER Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 53.51 25.28 file:///C/Userslechan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] Work ONLY on strip malls, light commercial, tenant improvement and remodel work ........................$ 40.95 23.61 All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work ........................$ 55.18 26.26 PLUM0345-001 09/01/2022 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 38.20 25.65 Sewer & Storm Drain Work .... $ 42.29 23.03 ROOF0036-002 08/01/2022 Rates Fringes ROOFER ...........................$ 43.47 19.52 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay. SFCA0669-013 04/01/2022 DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 43.25 26.77 SFCA0709-005 01/01/2021 THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: file:///C/Users/echan/Downloads/ca22°/u20(2).txt[3/23/2023 10:12:42 AM] Rates Fringes SPRINKLER FITTER (Fire) .......... $ 48.71 29.15 SHEE0105-002 01/01/2023 LOS ANGELES (South of a straight line between Gorman and Big Pines including Catalina Island) Rates Fringes SHEET METAL WORKER (1) Light Commercial: Work on general sheet metal and heating and AC up to 4000 sq ft .......................$ 32.20 10.56 (2) Modernization : Excluding New Construction - Under 5000 sq. ft. Does not include modification, upgrades, energy management, or conservation improvements of central heating and AC equpment....................$ 32.20 10.86 SHEE0105-003 01/01/2023 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work ........................$ 53.67 29.74 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A -C, heating, ventilating systems for human comfort ... $ 53.67 29.74 SHEE0105-004 07/01/2022 KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North file:///CiUsers/echan/Downloads/ca22"/o20(2).txt[3/23/2023 10:12:42 AM] of a straight line drawn between Gorman and Big Pines including Cities of Lancaster and Palmdale) COUNTIES Rates Fringes SHEET METAL WORKER ...............$ 42.53 TEAM0011-002 07/01/2022 Rates Fringes TRUCK DRIVER GROUP 1 ....................$ 36.19 32.54 GROUP 2 ....................$ 36.34 32.54 GROUP 3 ....................$ 36.47 32.54 GROUP 4 ....................$ 36.66 32.54 GROUP 5 ....................$ 36.69 32.54 GROUP 6 ....................$ 36.72 32.54 GROUP 7 ....................$ 36.97 32.54 GROUP 8 ....................$ 37.22 32.54 GROUP 9 ....................$ 37.42 32.54 GROUP 10 ....................$ 37.72 32.54 GROUP 11 ....................$ 38.22 32.54 GROUP 12 ....................$ 38.65 32.54 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, EI Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and file:///C/Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/govemment-contracts. Unlisted classifications needed for work not included within file:///C[Users/echan/Downloads/ca22°/u20(2).txt[3/23/2023 10:12:42 AM] the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. file:///C/Users/echan/Downloads/ca22%20(2).txt[3/23/2023 10:12:42 AM] Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request file:///C[Users/echan/Downloads/ca22"/u20(2).txt[3/23/2023 10:12:42 AM] review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" file:///C/Users/echm/Doa loads/ca22%20(2).txt[3/23/2023 10:12:42 AM] APPENDIX B - STANDARD PLANS (SPPWQ f/roe v PP � V (P 0� 1 di U f Af`�pap • i ��q`v 6 � v. ►, I q• •o • IN'I/r STAKE -NOTE 8 WATER BASIN Arbor Guard /BERM j / FINISH GRADE SECTIO t.ZOO V- , .. ROOT16' (48DO mm)NMENTS 'R x 36" (900 mm) PERFORATED PIPEKI mm) 6'! (150 mmo) x40 D ROOT BARRIER TREE CROWN PLANTING PIT ' TIE TREE STAKE TREE TRUNK `V ROOT BALL PLAN VIEW P 2 1/2 TO 3X _I PERFORATED PIPE CONTAINER WIDTH 30" (750 mm) TO 48" (1200 mm) BOX STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PV 520-4 TREE PLANING 1. SET TOP OF ROOT BALL 1" (25 mm) ABOVE FINISH GRADE. 2 FOR24' (610FBOX CURB WALK. m) OES SMALLER, INSTALL ROOT BARRIERS IF TRUNK IS WITHIN FOR 30' TO 48" (750 mm TO 1200 mm) BOX TREES, INSTALL ROOT BARRIERS IF TRUNK IS WITHIN 10' (3.0 m) OF CURB OR WALK. 3. AMEND BACKFILL MIX PER SPECIFICATIONS. LEAVE TRUNK AND ROOT FLARE VISIBLE. 4. SET PERFORATED PIPE FLUSH WITH TOP OF BACKFILL. FILL PIPE WITH No. 2 GRAVEL PER SSPWC TABLE 200-1.4.(B) AND COVER WITH FILTER FABRIC. WRAP FABRIC 6" (150 mm) DOWN SIDES OF PIPE. 5. FORM 3 1/2" (90 mm) HIGH BERM AROUND BACKFILL AS A WATER BASIN. 8 TOP I MULCH PER THWATER SPECIAL PROVISIONS. BASIN WITH 3 KEP GRgo AVEL OR MULCHV3 OR E 1/2"( Omm) CLEAR OF TRUNK. LEAVE TRUNK AND ROOT FLARE VISIBLE. 7. REMOVE ALL NURSERY STAKES. 8. INSTALL NEW TREE STAKES PER SPPWC 518. 9. FASTEN TREE TO STAKES PER 308-4.6, TWO TIES PER STAKE. 10, AFTER PLANTING, PRUNE THE TREE AS APPROVED BY THE ENGINEER. 11. ROOT BARRIER, WHERE SHOWN, SHALL BE BO MIL (2.0 mm) THICK. It- Nrj6r l]-a,rcQ," / +U9 Cq l ( )I C' n ,- (0 a-. '�� 6, I STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION srAN 0 4 520-4 TREE PLANTING I4' (1200 mm; MIN u r4 - 4' (1200 mm) MIN Y INTEGR (1200 MIN I J �x"Ir w x_I A TYPE A A row GRADEIBREAKS I" XX w 1 X TYPE B A0 TYPE C 4' (1200 mm) MIN Y 2S 1" (25 mm) CF SECTION A—A CURB FACE, inches (mm) X Inches (mm) Y, Inches (mm) 6" (150) or less BREAKS 4'-0" (1200) 7" (175) Y � 4'-9" (1425) 8" (200) 4'-0' (1200) STR R m 4' (1200 mm) MIN Y INTEGR (1200 MIN I J �x"Ir w x_I A TYPE A A row GRADEIBREAKS I" XX w 1 X TYPE B A0 TYPE C 4' (1200 mm) MIN Y 2S 1" (25 mm) CF SECTION A—A CURB FACE, inches (mm) X Inches (mm) Y, Inches (mm) 6" (150) or less S-0' (900) 4'-0" (1200) 7" (175) 3'-6' (1050) 4'-9" (1425) 8" (200) 4'-0' (1200) 5'-8" (1700) 9" (225) V-6' (1350) 6'-6" (1950) 10" (250) 5'-0' (1500) Y-3" (2175) 111' (275) 5'-6' (1650) 8'-0" (2400) 12" (300) or more 6'-0" (1800) 8'-9" (2625) NOTES: 1. RESIDENTIAL DRIVEWAYS SHALL BE 4" (100 msn) THICK PCC. 2. COMMERCIAL DRIVEWAYS SHALL BE 6" (150 mm) THICK PCC. 3. WEAKENED PLANE JOINTS SHALL BE INSTALLED AT BOTH SIDES OF A DRIVEWAY AND AT 10' (3.0 m) INTERVALS 4. CURB FOR TYPE C DRIVEWAY SHALL BE INTEGRAL AND MATCH ADJACENT CONSTRUCTION. 5. REFER TO LOCAL DEVELOPMENT REGULATIONS FOR AMERICANS WITH DISABILITIES ACCESS REQUIREMENTS AND MAXIMUM PERMITTED DRIVEWAY WIDTHS. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION mer. lw er ss DRIVEWAY APPROACHES STANDMO PLm 110-2 CURB RAMP EXP WPJ WEAKENED PLANE JOINT BCR BEGINNING OF CURB RETURN WPJ WPJ EXP JT EXPANSION JOINT ECR END OF CURB RETURN 3. CURB AND GUTTER SHALL BE CONSTRUCTED SEPARATELY FROM SIDEWALK. EXP LME CURB RAMP WPJ NOTES: t. WEAKENED PLANE JOINTS SHALL BE USED FOR ALL JOINTS, EXCEPT THAT EXPANSION JOINTS SHALL BE PLACED AT THE J BCR AND ECR IN CURB, GUTTER AND SIDEWALK, AND AROUND TREEWELL UTILITY POLES LOCATED IN SIDEWALK AREAS. WPJ WPJ 2 WEAKENED PLANE JOINTS SHALL BE CONSTRUCTED AT REGULAR �l1Run POLE INTERVALS NOT EXCEEDING 10' (3000 mm) IN WALKS AND 20' (6000 mm) IN GUTTERS. JOINTS IN CURB AND WALK EXP JT SHALL BE ALIGNED. 3. CURB AND GUTTER SHALL BE CONSTRUCTED SEPARATELY FROM SIDEWALK. EXP LME CURB RAMP (150 (150 mm)l m ATTER 3:12 - ATTER 3:12 SLOPE 6.3 m A1-6(150) AND A1-8(200) A2-6( 150) AND A2-8(200)�) ,. 1 E E 6" m (150 mm) (150 MImm) (150 mm) 3/4" (20 mm) R ATTER 3:12 I BATTER 3:12 r, BOTH SIDES SLOPE 2.OS LEVEL E E 02D1-6(150) AND A3-6(150) AND A3-8(200) -� [j 25,,,,) Dl -8(200) NOTES: E m t THE LAST NUMBER M THE DESIGNATION IS p4 x V' O 4' OC THE CURB FACE (CF) HEIGHT, INCHES (mm). - 6" A13M x 250 mm IF SHOWN AS 'VAR' THE CURB FACE VARIES.a (*0 mm) O 1200 mm OC) 2. GUTTER WIDTH, W. IS 24" (600 mm) GROUTED IN PLACE UNLESS OTHERWISE SPECIFIED.BATTER 3:12 I TYPES Al, A2, A3 AND Cl SHALL BE u3/4" CONSTRUCTED OF CONCRETE. (20 mm) 4. TYPE Di CURB SHALL BE CONSTRUCTED 3" (75 mm) OF ASPHALT CONCRETE. 5. TYPE Cl CURB SHALL BE ANCHORED WITH STEEL DOWELS AS SHOWN OR WITH AN EPDXY APPROVED BY THE ENGINEER, 6. ALL EXPOSED CORNERS ON CONCRETE CURBS Cl -6(150) AND C1-8(200) AND GUTTERS SHALL BE ROUNDED WITH A 1/2" (15 mm) RADIUS. CONCRETE C AND GUTTER 4" BCR 6� / FL FLOW AND _ o (1SO mm) 1,2 OR CONSTRUCTION JOINT " SEE DETAIL dofl -B" (200 mm) LSIX EQUALLY SPACED DOWELS FOR CONSTRUCTION JOINTS SECTION A -A Lei ilk i i )TE 5 CONCRETE CURB AND GUTTER DETAIL A STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION .� TAMAM FILM CROSS GUTTER AT 123-3 �, _ NOTES: 1. WEAKENED -PLANE JOINTS SHALL BE PLASTIC CONTROL JOINTS OR 1-1/2" (40 mm) DEEP SAW CUTS. CONCRETE SAWING SHALL TAKE PLACE WITHIN 24 HOURS AFTER CONCRETE IS PLACED. 2. DOWELS FOR CONSTRUCTION JOINTS SHALL BE 04 BARS 18" LONG (/13M BARS 450 mm LONG). 3. ALL EXPOSED CORNERS ON CONCRETE CURBS AND GUTTERS SHALL BE ROUNDED WITH 1/2" (15 mm) RADIUS. 4. CONCRETE SHALL BE INTEGRAL WITH CURB UNLESS OTHERWISE SPECIFIED. 5. ADJACENT TO CURB RAMPS, CONCRETE SLOPE SHALL BE 5% MAXIMUM FOR A DISTANCE OF 5 FEET (1525 mm) FROM THE CURB FACE FOR THE WIDTH OF THE WIDTH OF THE RAMP, NOT INCLUDING SIDE TRANSITION CURBS. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION 123-3 1 CROSS GUTTER AT T -INTERSECTIONS 4' 1220 mm MIN A 4' 1220 mm*2L TRANSITION 4:1 MIN NOTE 8 NO tOR asCUR CURB FAC 4(1220 mm) ��,N TYPE 1 001 B 4' 1220 mm R R II I I I < NOTE 8 I N ADx E BREAK NOTE 2 imu , LMA X CURB FACE 4' ( 220 mm) vlti AORB SEE FIGURE 1 TYPE 2 CASE A PARTS OF THIS STANDARD PLAN SHOW INSTALLATION FOR TYPICAL RETROFIT CONDITIONS, AND ARE NOT FULLY COMPLIANT WTH CALIFORNIA BUILDING CODE REQUIREMENTS FOR NEW DEVELOPMENT. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION exmau�im n n¢ 5T ARO PLAN CURB RAMP 111-5 I »� AlK ,.w, , �.. =3 U ST FOR PUBLICUCTON 0 o� P� ,.,&�% E E a �N PLANTING a AREA CUR CURB FACE WHERE PLANTING AREA IS ADJACENT TO THE CURB RAMP, USE CASE A. TYPE 6 z S E .E a Y J� PLANTING a AREA CURB FACE' WHERE PLANTING AREA IS ADJACENT TO THE CURB RAMP, USE CASE A. TYPE 6 2% W ®ff /I,I N NOTE BREAK B BREAK TYPE 3 TYPE 4 CASE A STANDARD PLANS FOR PUBUC WORKS CONSTRUCTION STANDMD PUN 111_ F 10 CURB RAMP A OR B PLANTING AREA CURBK I CURB FACE/ 1200 mm AORB SEE FIGURE 1 PLANTING AREA PARKI I R 0 = O� z 4' 1220 mm \ Z WALK 220 mm MIN R pry` � Ny NOTE NOTE 8 i PLANTING AREA CUR CURB FAC IF PLANTING AREA IS NOT ADJACENT TO SIDE FLARE, USE "K" PER TABLE 2 FOR THAT FLARE TYPE 5 TYPE 6 CASE A STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN 1,ill_g CURB RAMP 3 3 �< NOTE 276 m O TYPE 2 CASE B STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION Z=X C u NN�! RAMP sar.0_7 !RB 8.338 AX =�i�:� �- 6. 7G MAX NOTE 8 FACE X X 1220 mm C btn TYPE 1 3 �< NOTE 276 m O TYPE 2 CASE B STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STAND PLAN 111-5 RAMP A SKEW ANGLE, 4' SKEW ANGLE o=45' 1220 OFFSET b=0 ) NOTE 2 UNLESS OTHERWISE _ -= NOTED ON PLANS - Y -k gas -- OC X OTE OFFSET, b CURB/"CASE C CURB FACE X z E E 0 3 SEE DETAIL a a A, B, C. OR D OTE B AIL A —1 TYPE 1 3 NOTE 5%MAX........... PLANTING o. AREA REGRAOE X=4' (1220 mm) IF ADJACENT TO CUR PLANTING AREA, CURB FACE OTHEWISE SEE TABLE 1 Y E SEE DETAIL A. B, C ORD E N AIL aI 2A �.. ¢x 3 N NOTE 8 i 5� air 5 MAX < V K a a NOTE 2 CUR CURB FACE TYPE 2 CASE D STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION nµDAD rinx CURB RAMP1 SHEET 5 OF 10 111 _5 S M X RADE BREAK 4' (1220 mm) x N I a p E p a E a Z OR e� o Q MARKED A OR B -__ SAX CROSSWALK $ rZ� �. it 4' (1220 mm)x 3 + Y i PLANIIN AREA —_ NOTE 2 TYPE .1 Cu A R NOTE B CURB FAKE X=4' 1220 mm 4 X WNEN ADJACENT (1220 mm) TO PLANING AREA x uMf i MARKED CROSSWALK ,w X E N L $ ._I. =, m': MARKED Z _dgm a CROSSWALK C NOTE 2 I.—ZZ= 3 =j -- RADE BREAK X X CURB FA NOTE B TY 0 mm PE 2 . CASE E M4 MARKED CROSSWALK STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLM 111-5 CURB RAMP SHFET 6 OF 10 SEE NOTE 6 Ri Y 4' 1220 mn E10S11NG\ OP OEDGE 1ZNDED-TAMP F ROADWAY a« .. CURB AND GUTTER SECTION A -A USE FIGURE 1 TO DETERMINE WHICH OF SECTIONS A—A, B—B SEE NOTE 6\ PARKWAY OR C—C IS APPROPRIATE R _ I, Y 4' 1220 mm EXISTING ROUNDED TOP OF ROADWAYEDGE RAMP DEPRESS BACK OF WALK 5 SEE DETAIL A, B. C OR D. 2% Ax SHEET 10. SEE NOTE 6 R EXISTING\ ROADWAY \ CURB AND DEPRESS BACK OF WALK SEE DETAIL A, B, C OR D, SHEET 10. SECTION C -C z 4' z 1 0 mm DEPRESS BACK OF WALK � PC ALK SECTION R -R SECTION S -S x STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN ���_5 CURB RAMP STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD 1_5 11SHEET PARKWAY WIDTH, FT (m) 2' (50) 4' 5' 6' 7' 8' 9' 10' 11' 12' 13' 14' 15 16' 17' 18' 19' 20' (1 9 2 0) .. 1' (2 5.26' (1580) 5' (125) 4.17' (1275) E 6' (150) 5.00' (1525) 7.90' (2370) 2' > 5.83' (1775) 9.27' (2765) 8' (200) !n 3' (7 10.53' (3160) 9' (22S) 7.50' (2285) = 4' (1 70' (250) 6.33' (2540) 13.16' (3950) U 9.17' (2795) MON 12' (300) ? 5"(12 15.79' (4735) U 6" (15 lai 7" (17 00 D 8" (2 U 9' (22 Q 10" O 11' (27 Z 12. (30 OR MORE FIGURE 1 - SECTION USAGE NORMAL WHERE FIGURE 1 SHOWS USE OF SECTION B -B. FIGURE Z CURB FACE, SECTION Y -Y DIMENSION AS FOLLOWS: INCHES (mm) X. FT (mm) Y. W = PARKWAY WIDTH L = LANDING WIDTH, 4' (1220 mm) TYP Z - [(Y+L)-W] x 0.760 IF (Y+L) < W, THEN Z = 0 SEE SHEET 9 FOR STREET SLOPE ADJUSTMENT FACTORS, ALL STREETS TABLE 1 - X AND Y VALUES TABLE 1 REFERENCE FORMULAS: X = CF / 8.333% Y = CF / (8.333% - 2% WALK CROSS SLOPE) PLAN STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD 1_5 11SHEET FT (mm) 2' (50) 4.00' (1220) MW 2.63' (790) 3' (75) 4.00' (7220) MIN 3.95' (1185) 4' (100) 4.00' (1220) MIN 5.26' (1580) 5' (125) 4.17' (1275) 6.58' (7975) 6' (150) 5.00' (1525) 7.90' (2370) 7' (175) 5.83' (1775) 9.27' (2765) 8' (200) 6.67' (2035) 10.53' (3160) 9' (22S) 7.50' (2285) 11.84' (3555) 70' (250) 6.33' (2540) 13.16' (3950) it' (275) 9.17' (2795) 14.47 (4340) 12' (300) 10.00' (3050) 15.79' (4735) STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD 1_5 11SHEET CURB RAMP 8 OF 10 4' 1220 mm GRADE BREAK K T � T m CUR GUTTER %.DOWN xUP CURB FACE SLOPE, S T• (1220 mm) TYPICAL CURB RAMP c.00xl x, uP BACK OF WALK S GUTTER SECTION T—T FLOW LINE SLOPED STREET FOR SLOPED STREETS, MULTIPLY THE DIMENSIONS PARALLEL TO THE STREET, X AND Z, UPSTREAM AND DOWNSTREAM OF THE RAMP, BY THE FACTORS IN THE FOLLOWING TABLE FOR EXAMPLE, %DOWN - X x K.DOWN S K.DOWN K.UP 0% 1.000 1.000 0.2% 0.977 1.025 0.5% 0.943 1.064 ix 0.893 1.136 2% 0.808 1.316 3x 0.735 1.563 4% 0.676 1.923 5% 0.625 2.500 TABLE 2 — SLOPE ADJUSTMENTS TABLE 2 REFERENCE FORMULAS K.DOWN - 8.333% / (&333% + S) K.UP = 8.333% / (&333% - S) STREET SLOPE ADJUSTMENTS STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDAFID PLAN CURB RAMP 111-5 12° 305 mm 3/4' 19 m) (6 mm) (6 mm) GROOVING DETAIL fEE ® 90'® ® ® ® 1v E ® ® ® ® (23 mm c o O SINGLE ® ® ® ® PATTERN 'TRUNCATED DOME' 2.35' 60 mm) DETECTABLE WARNING DETAIL GRADED SLOPE 2.1 NPAVED SURFACE MAX DETAIL C GENERAL NOTES: CONSTRUCT FENCE OR PER CONTRACT PLANS RETAINING CURB mm) SURFACE DETAIL B j6' (150 mm) RETAINING CURBS Ilm oa SURFACE DETAIL -D 1. CONCRETE SHALL BE CLASS 520-C-2500 (310-C-17) CONFORMING TO SSPWC 201-1.1.2 AND SHALL BE 4° (100 mm) THICK. 2 THE PSHALL HAVE A 12" APPROXIMATELY ( 3/4'(19 mm305 3 E WIDE BORDER WITH IDETAIL mm) OC.SEE GROOVING GROOVES 3. THE RAMP SURFACE SHALL HAVE A TRANSVERSE GROOMED SURFACE TEXTURE CONFORMING TO SSPWC 303-1.9. 4. USE DETAIL °A' OR 'B' IF EXISTING SURFACE BEHIND LANDING IS PAVED. 5. USE DETAIL 'C' OR °D' IF EXISTING SURFACE BEHIND LANDING IS UNPAVED. 6. R - 3' (900 mm) UNLESS OTHERWISE SHOWN ON PLAN. SEE SHEET 7. 7. ANGLE _ A/2 UNLESS OTHERWISE SHOWN ON PLAN. 8. CONSTRUCT DETECTABLE WARNING SURFACE PER DETAIL THIS SHEET. MATERIALS SHALL BE PER CONTRACT DOCUMENTS APPENDIX C - CITY OF ROSEMEAD QUADRANT MAP CITY OF ROSEMEAD QUADRANT MAP i� w Grand Ave a ¢ w 1Am ^es m LL w � 5 = Rro ,a11 5n ml ° 2A Wel Is St Edmond Or Artson bt Hellman Ave ¢ v ' 3 m Q 6Q <> Hershey St ao m o 4iN BBrricae PI ✓ " ` EmesoPI ; ? lemurs St - i. Whitmore St t7 < a a _ V a e' L "O & ; 0 $ Garvey Ave N� a o Garvey Ave } m Gan u u ut o 0 L ¢ ¢ a � Jade Ln � iley Ave o a 'm Newmark Ave o < � - .• m <' v 11O Fern Ave R m L a Fern St L a !] w 0 �' yl 3C m U o « e M e p < AD g _ £ 3 m1 < < m NMmarP a m o< a u _ "� c ,s L n° c c c w� ±� i Melrose Ave _a m g u '1 ¢ w E Graves Ave .Graves Ave ' Kelm St - Rush St 0 Q�nais '4D Legend: — — — QUADRANT DIVISION LINES a N 2 tle Ada Q �r 0 0.25 0.5 Miles Date Modified 8/13/14 1 w Lawrence Ave FO' �Y.( N Voy Ave Bent Ave _x`11 i m u m' VaI ley Blvd E Valle vtl JI m > Steele Si o ¢� Guess St Guess St o� Ralph St Ralph St Shea PI iI Edda VilIa Or 2 BNorwood U PI 1 C YlarshaII St m ¢ Glendon W Glen ' ay u p 0 Loftus Dr ft � Ol hey Stx Olney St 9`_R 1-13 �Qar rrr� Artson bt Hellman Ave ¢ v ' 3 m Q 6Q <> Hershey St ao m o 4iN BBrricae PI ✓ " ` EmesoPI ; ? lemurs St - i. Whitmore St t7 < a a _ V a e' L "O & ; 0 $ Garvey Ave N� a o Garvey Ave } m Gan u u ut o 0 L ¢ ¢ a � Jade Ln � iley Ave o a 'm Newmark Ave o < � - .• m <' v 11O Fern Ave R m L a Fern St L a !] w 0 �' yl 3C m U o « e M e p < AD g _ £ 3 m1 < < m NMmarP a m o< a u _ "� c ,s L n° c c c w� ±� i Melrose Ave _a m g u '1 ¢ w E Graves Ave .Graves Ave ' Kelm St - Rush St 0 Q�nais '4D Legend: — — — QUADRANT DIVISION LINES a N 2 tle Ada Q �r 0 0.25 0.5 Miles Date Modified 8/13/14 APPENDIX D -CONCRETE REPAIR LOCATION INDEX EA 1 1 2 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TOTAL 34 Tree Removal & Replacement Locations No. Location 1 4817 Walnut Grove Ave 2 4453 Walnut Grove Ave 3 4225 Walnut Grove Ave 4 4205 Walnut Grove Ave 5 4189 Walnut Grove Ave 6 4151 Walnut Grove Ave 7 4021 Walnut Grove Ave 8 8847 Lawrence Ave 9 7926 Emerson PI 10 8049 Whitmore St 11 3303 Delta Ave 12 2532 Muscatel Ave 13 9030 De Adalena St 14 9031 De Adalena St 15 9141 De Adalena St 16 9142 De Adalena St 17 9152 De Adalena St 18 9203 De Adalena St 19 9239 De Adalena St 20 9307 De Adalena St 21 3700 Rosemead Blvd 22 9119 Marshall St 23 9315 Marshall St 24 9456 De Adalena St 25 7969 Garvey Ave 26 7919 Garvey Ave 27 3000 San Gabriel Blvd 28 8073 Garvey Ave 29 8235 Garvey Ave 30 8711 Landis View Ln 31 8757 Landis View Ln 32 2605 Muscatel Ave EA 1 1 2 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TOTAL 34 Curb Ramp Removal and Replacement No. Location EA 1 9766 Valley Blvd 1 2 9800 Valley Blvd 1 3 9655 Valley Blvd 1 4 9700 Temple City Blvd 1 5 4035 Temple City Blvd 1 6 4043 Temple City Blvd 1 7 4050 Temple City Blvd 1 8 9713 Abilene St 1 9 1801 Delt St 1 30 8737 Landis View Ln 1 11 1001 La Presa Ave 1 12 1010 Walnut Grove Ave 1 13 1026 Walnut Grove Ave 1 TOTAL 13 Cast in Place Truncated Domes No. Location EA 1 3667 Delta Ave 1 2 3668 Delt Ave 1 3 3838 Ivar Ave 1 4 8903 Guess St 1 5 8902 Guess St 1 6 3903 Ivar Ave 1 7 8856 Guess St 1 8 8903 Nevada Ave 1 9 8902 Nevada Ave 1 TOTAL 9 Sidewalk Repair Locations No. Location SF 1 4821 Walnut Grove Ave 165 2 4533 Dubonnet Ave 60 3 4817 Walnut Grove Ave 214 4 4811 Walnut Grove Ave 42 5 4545 Walnut Grove Ave 40 6 8611 Blue Circle 55 7 4453 Walnut Grove Ave 63 8 4225 Walnut Grove Ave 252 9 4205 Walnut Grove Ave 147 10 4189 Walnut Grove Ave 92 11 4151 Walnut Grove Ave 110 12 4021 Walnut Grove Ave 176 13 8847 Lawrence Ave 110 14 8779 Lawrence Ave 72 15 8767 Valley Blvd 108 16 8547 Valley Blvd 576 17 8900-8912 Valley Blvd 515 18 8751 De Adalena St 110 19 8942 Valley Blvd 182 20 8400 Valley Blvd 42 21 3963 Walnut Grove Ave 24 22 8559 Ralph St 64 23 8560 Ralph St 64 24 3910 Walnut Grove Ave 96 25 8614 Valley Blvd 144 26 3846 Walnut Grove Ave 56 27 3661 Walnut Grove Ave 69 28 8323 Marshall St 64 29 8427 Marshall St 36 30 8502 Marshall St 124 31 8831 Marshall St 80 32 8914 Valley Blvd 192 33 4322 Arica Ave 101 34 9008 Newby Ave 132 35 9041 Valley Blvd 171 36 9147 Valley Blvd 245 37 9030 De Adalena St 48 38 9031 De Adalena St 20 39 9141 De Adalena St 84 40 9142 De Adalena St 52 41 9152 De Adalena St 48 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 9157 De Adalena St 50 9203 De Adalena St 160 9239 De Adalena St 68 9307 De Adalena St 96 3700 Rosemead Blvd 52 9119 Marshall St 85 9315 Marshall St 68 9220 Valley Blvd 244 3822 Temple City Blvd 51 9456 De Adalena St 40 9736 Valley Blvd 124 9420 Valley Blvd 146 9488 Valley Blvd 90 3922 Temple City Blvd 70 3928 Temple City Blvd 16 9655 Valley Blvd 70 4040 Temple City Blvd 76 4022 Temple City Blvd 92 7517 Emerson PI 34 3152 Jackson Ave 155 3308 Kelburn Ave 42 8049 Whitmore St 92 8073 Garvey Ave 106 7969 Garvey Ave 92 7919 Garvey Ave 92 3130 Garvey Ave 25 8238 Park 5t 37 8235 Garvey Ave 410 3303 Delta Ave 55 3000 San Gabriel Blvd 63 8402 Dorothy St 68 9108 Garvey Ave 236 1803 Delta St 42 2552 Muscatel Ave 63 2532 Muscatel Ave 88 1030 San Gabriel Blvd 42 8711 Landis View Ln 199 8757 Landis View Ln 100 2447 Paljay Ave 80 2627 Muscatel Ave 112 2605 Muscatel Ave 240 TOTAL 9,116 Driveway Repair Locations No. Location SF 1 4821 Walnut Grove Ave 130 2 4739 Ivar Ave 360 3 4811 Walnut Grove Ave 105 4 4545 Walnut Grove Ave 154 5 8611 Blue Cir 147 6 4428 La Presa Ave 72 7 8655 Scott St 50 8 8547 Valley Blvd 144 9 8914 Valley Blvd 548 10 8614 Valley Blvd 280 11 3661 Walnut Grove Ave 95 12 3667 Walnut Grove Ave 116 13 8323 Marshall St 126 14 8729 Marshall St 140 15 8733 Marshall St 98 16 8903 Nevada Ave 63 17 9013 De Adalena St 70 18 3922 Temple City Blvd 112 19 9655 Valley Blvd 245 20 4046 Temple City Blvd 136 21 4040 Temple City Blvd 160 22 4022 Temple City Blvd 180 23 7926 Emerson PI 106 24 2430 Muscatel Ave 50 25 2609 Muscatel Ave 94 TOTAL 3,781 Cross Gutters No. Location 8902 Nevada Ave 4028 Rosemead Blvd 8737 Landis View Ln SF 327 490 327 TOTAL 1144 Curb & Gutter Repair Locations No. Location LF 1 4821 Walnut Grove Ave 20 2 4739 Iva r Ave 33 3 4811 Walnut Grove Ave 21 4 4545 Walnut Grove Ave 22 5 8611 Blue Circle 25 6 4453 Walnut Grove Ave 20 7 4428 La Presa Ave 15 8 8655 Scott St 77 9 4021 Walnut Grove Ave 60 10 8547 Valley Blvd 90 11 8914 Valley Blvd 32 12 3910 Walnut Grove Ave 24 13 8614 Valley Blvd 40 14 3820 Walnut Grove Ave 12 15 3661 Walnut Grove Ave 23 16 3667 Walnut Grove Ave 22 17 8323 Marshall St 20 18 8729 Marshall St 25 19 8733 Marshall St 18 20 8914 Valley Blvd 50 21 9008 Newby Ave 15 22 9309 Marshall St 30 23 9488 Valley Blvd 24 24 9655 Valley Blvd 45 25 4046 Temple City Blvd 45 26 4040 Temple City Blvd 60 27 4022 Temple City Blvd 45 28 7525 Emerson PI 11 29 7926 Emerson PI 32 30 8235 Garvey Ave 26 31 2430 Muscatel Ave 13 32 2404 Muscatel Ave 19 33 2609 Muscatel Ave 22 TOTAL 1036 APPENDIX E - GARVEY DOG PARK CITY OF ROSEMEAD CALIFORNIA ADDENDUM #I CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 Date Issued: April 7, 2023 Addendum for: CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 Addendum No.: 1 Addendum Date: April 7, 2023 Issued by: City of Rosemead Reminder 1: Please sign Addenda Acknowledgement on page CBF -5 of Bid Package Section Titled "Contract Bid Forms". Entire Contract Bid Forms section shall be submitted as Bidder's Proposal. Addendum 1 Removed the Federal Contract Provisions for Community Development Block Grant (CDBG) of its entirety from the Specification. Therefore, this Project does not require Federal Contract Provisions for CDBG, and Exhibit 6 to Exhibit 17 of the APPENDIX A shall not be required to submit with your bid. Addendum 1 Removed the entire APPENDIX A — FEDERAL REQUIREMENTS from the Specification. Addendum 1 revised and reissues the Notice Inviting Bids. Please see Attachment A — Revised NOTICE INVITING BIDS per Addendum 1. All contractors shall acknowledge this revision. The City held a mandatory pre-bid meeting on Tuesday, April 4, at 10 am. All prime contractors were required to attend this meeting to be considered responsive. See Attachment B — Mandatory Pre -Bid Meeting Sign -in Sheet. Attachments: Attachment A - Revised Notice Inviting Bids per Addendum 1 Attachment B — Mandatory Pre -Bid Meeting Sign -in Sheet Issued by City of Rosemead Addendum 1, Page 1 of 1 ATTACHMENT A - REVISED NOTICE INVITING BIDS PER ADDENDUM I City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements Project No. 24009 CITY OF ROSEMEAD REVISED NOTICE INVITING BIDS NIB No. 2023-06 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive electronic bids through PlanetBids at: https:Hpbsystem.planetbids.com/portal/54150/portal-home OR sealed bids at the City Clerk's office, City Hall, 8838 Valley Blvd, Rosemead, CA 91770 up to 10_30 o'clock a.m. on Thursday, the 13" day of April, 2023. Electronic and hardcopv bids will be publicly posted on PlanetBids and City's website. CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT No. 24009 Bidders shall attend a mandatory pre-bid meeting to acquaint Bidders with the contract requirements and site conditions that may affect the work. The mandatory pre-bid meeting will be held on Tuesday, April 4th, 2023 at 10:00 A.M. in the Rosemead Community Recreation Center at 3936 Muscatel Avenue. The City will only consider Bids submitted by those Bidders who attend the Mandatory Pre -Bid Meeting. All other bids will be considered non-responsive and subject to rejection. The project consists of removal and replacement of concrete sidewalk, curb and gutter, driveway approaches, and curb ramps Citywide as indicated on the construction plans, including tree removals, tree replanting and other incidental and appurtenant work necessary for the proper completion of the project. The engineer's estimate for this project is in the range of $550,000. The successful bidder shall have THIRTY (30) 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 from the City's PlanetBids portal. Contractors can register as a vendor and download the documents by visiting the PlanetBids Portal(https://ybsystem.planetbids.com/i)ortal/54150/portal-home). Hard copy of the bid package will not be mailed. SB 854 Requirements: This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a printout 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 NII3-1 City of Rosemead, California Citywide Sidewalk, Curb & Gutter Replacements Project No. 24009 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. 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 reiect any and all bids and to waive any informality, technical defect or minor irregularity in any bid submitted. An award of service shall not be final until the bids have been reviewed and a Contract Agreement with the City has been signed by the lowest responsible bidder and by the City. Award of Contract Agreement is proposed for April 25th, 2023 Dated this March 22, 2023 for Erick emandez City Clerk Publish: March 23`d & 30w, 2023. NIB -2 ATTACHMENT B - Mandatory Pre -Bid Meeting Sign -in Sheet PRE-BID MEETING SIGN -IN SHEET CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS PROJECT Project No. 24009 April 4, 2023 —10:00 AM 'Ta"e' q;cq� Role (Circle) rGGR�GIA'ruU� Role (Circle) Name IRole Salt ��, ri L Email E`+� Rlgiin lora fv r trs•u WE AFA Taro F,,+frFirSG1 I^e. Organization 4r.s- Prime Organization C)vlyy JAeAV;vJ!1Phone Phone .d� 141-6 3Z•- P1l vendor �+-_,p4 u�v✓ Role (Circle) rGGR�GIA'ruU� (Circle) Name IRole Salt ��, ri L Email 'd (DX V WE AFA I Organization 4k ri Organization C)vlyy JAeAV;vJ!1Phone .d� 141-6 3Z•- P1l Sub Vendor �+-_,p4 u�v✓ Role (Circle) rGGR�GIA'ruU� Role (Circle) Name 7 Email S WE AFA I Organization Prime vendor l Er14 9s� ub Organization Phone Vendor vend �+-_,p4 u�v✓ Role (Circle) rGGR�GIA'ruU� Name Name Email IM WE AFA I Organization Phone vendor Sub Organization Phone �+-_,p4 u�v✓ Role (Circle) rGGR�GIA'ruU� Name Name Email Email GfcT Con�.re. qo9-1029—dDt)� sub Organization Phone vendor Role (Circle) Name Email Prime Sub Organization Phone vendor Attachment C Construction Contract Agreement with CT&T Concrete Paving, Inc. CONSTRUCTION CONTRACT SIDEWALK REPLACEMENT PROGRAM FY22-23 PROJECT NO 24009 AND ADA CURB RAMPS — PROJECT NO 28008 ADVERTISED AS CITYWIDE SIDEWALK, CURB & GUTTER REPLACEMENTS (CT&T CONCRETE PAVING, INC.) 1. PARTIES AND DATE This Contract is made and entered into this 25th day of April, 2023 (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 CT&T Concrete Paving, Inc. with its principal place of business at 324 S. Diamond Bar Boulevard, PMB 275, Diamond Bar, CA 91765 (hereinafter referred to as "Contractor'). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the SIDEWALK REPLACEMENT PROGRAM FY22-23 PROJECT NO 24009 AND ADA CURB RAMPS — PROJECT NO 28008 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" CT&T Concrete Paving, Inc. Page 2 of 11 attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to April 25, 2024 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Ben Kim, or his designee, to act as its representative for the performance of this Contract ("City's Representative'). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Preston Reeves, 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 CT&T Concrete Paving, Inc. Page 3of11 and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and CT&T Concrete Paving, Inc. Page 4 of 11 regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance' project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required bylaw 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 CT&T Concrete Paving, Inc. Page 5 of 11 compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A: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 Four Hundred Seventy -Nine Thousand Fifty -Three Dollars and Sixty -Eight Cents ($479,053.68) 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 CT&T Concrete Paving, Inc. Page 6 of 11 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 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: CT&T Concrete Paving, Inc. 324 S. Diamond Bar Blvd, PMB 275 Diamond Bar, California 91765 Attn: Jose Carvajal Tel: (909) 629-8000 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the CT&T Concrete Paving, Inc. Page 7 of 11 party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or CT&T Concrete Paving, Inc. Page 8 of 11 transfer, either directly or by operation of law, this Contractor any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, anyfee, 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 CT&T Concrete Paving, Inc. Page 9 of 11 provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] CT&T Concrete Paving, Inc. Page 10 of 11 CITY OF ROSEMEAD Ben Kim, City Manager Date Attest: Ericka Hernandez, City Clerk Date Approved as to Form: CT&T CONCRETE PAVING, INC By: Signature Date Name: Print [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] in Rachel Richman, City Attorney Date Name: CT&T Concrete Paving, Inc. EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL CT&T Concrete Paving, 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: CT&T Concrete Paving, Inc. • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A. M. Bests rating of A- orbetter and a minimum financial size 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 CT&T Concrete Paving, 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. CT&T Concrete Paving, 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 CT&T Concrete Paving, Inc. shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Attachment D Resolution No. 2023-24 RESOLUTION NO. 2023-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, TO AMEND THE FISCAL YEAR 2022-23 CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATE ADDITIONAL FUNDS FOR THE SIDEWALK REPLACEMENT PROGRAM FY22-23 - PROJECT NO. 24009 AND ADA CURB RAMPS — PROJECT NO. 28008 WHEREAS, the City Council adopted the Fiscal Year 2022-23 Operating and Capital Improvement Program budgets on June 14, 2022; and WHEREAS, the Fiscal Year 2022-23 budget included funding for Sidewalk Replacement Program FY22-23 in the amount of $250,000 and ADA Curb Ramps project in the amount of $111,000 (Project); and WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget; and THE ROSEMEAD CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: SECTION 1: The City Council hereby approves an appropriation in the amount of One Hundred and Seventy -Five Thousand Dollars ($175,000) in Measure R Funds to increase funding for the Project, for a total Project budget of $536,000. SECTION 2: The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 25' day of April, 2023. Sean Dang, Mayor APPROVED AS TO FORM: ATTEST: Rachel H. Richman, City Attorney Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2023-24 was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 25ffi day of April, 2023, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk