CITY OF NORCO TABLE OF CONTENTS FOR HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION

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2 CITY OF NORCO TABLE OF CONTENTS FOR HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION NOTICE INVITING SEALED BIDS... NB-1 NB-3 INSTRUCTIONS TO BIDDERS... IB-1 IB-6 PROPOSAL DOCUMENTS... P-1 P-13 Proposal Bidders Information Contractor s Licensing Statement List of Subcontractors References Bid Bond Non-Collusion Declaration Proposal Bid Sheets CONTRACT AGREEMENT... CA-1 CA-35 Agreement Contract Performance Bond Payment Bond General Liability Endorsement Automobile Liability Endorsement Worker s Compensation/Employee s Liability Endorsement Special Federal Requirements Additional Federal Requirements GENERAL SPECIFICATIONS...GS-1 GS-7 Scope of Work Location of Work Time of Completion Traffic Requirements Utility Requirements Flow and Acceptance of Water Removal of Water Standard Specifications Wage Rates and Labor Code Requirements

3 SPECIAL PROVISIONS PART 1 - GENERAL PROVISIONS... SP-1 SP-10 SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS 1-2 Terms and Definitions 1-7 Award and Execution of the Contract SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-2 Permits 2-5 The Contractor s Equipment and Facilities SECTION 3 - CHANGES IN WORK 3-3 Contract Documents 3-10 Surveying 3-12 Work Site Maintenance SECTION 4 CONTROL OF MATERIALS (NO CHANGES) SECTION 5 LEGAL RELATIONS AND RESPONSIBILITIES 5-1 Laws and Regulations 5-3 Labor 5-4 Insurance 5-7 Safety SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 Construction Schedule and Commencement of the Work 6-3 Time of Completion 6-9 Liquidated Damages SECTION 7 - MEASUREMENT AND PAYMENT 7-3 Payment 7-4 Payment for Extra Work SECTION 8 FACILITIES FOR AGENCY PERSONNEL (NOT USED) PART 2 TECHNICAL PROVISIONS... TP-1 TP-3 PART 3 BID ITEM DESCRIPTIONS... BD-1 BD-14 PART 4 STANDARD PLANS... ATTACHED CALTRANS ENCROACHMENT PERMIT N-MC ATTACHED CALTRANS ENCROACHMENT PERMIT RIDER N-RW ATTACHED

4 CITY OF NORCO NOTICE INVITING SEALED BIDS FOR HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION PUBLIC NOTICE IS HEREBY GIVEN that the City of NORCO, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the offices of the City Clerk up to the hour of 10:00 A.M. on the 7 th day of February, 2019, at which time, or as soon thereafter as practicable, they will be publicly opened and read aloud. The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of a 2 mill and overlay and all appurtenant related work to the satisfaction and acceptance of the City Engineer. There are 15 working days allowed to complete this project. Liquidated damages shall be assessed at $ per working day. Copies of said Specifications and Contract Documents are available from the AGENCY upon payment of a $40.00 non-refundable fee ($50.00 if mailed, including FEDEX and UPS). If copies of the Specifications and Contract Documents are obtained from outside sources other than the City of Norco, it is the responsibility of the Bidder to obtain copies of all addendums prior to the bidding deadline and include them in the submitted bid. Any Contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The Contract Documents call for monthly progress payments based upon the engineer's estimate of the percentage of work completed. The AGENCY will retain 5 percent of each progress payment as security for completion of the balance of the work. At the request and expense of the successful Bidder, the City of Norco will pay the amounts so retained upon compliance with the requirements of Government Code Section 4590 and the provisions of the Contract Documents pertaining to Substitution of Securities. NB-1

5 Bids must be prepared on the approved proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside: "SEALED BID FOR HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION - DO NOT OPEN WITH REGULAR MAIL." No Contractor or Sub-Contractor may be listed on proposal unless they are registered with the Department of Industrial Relations (DIR) pursuant to Labor Code Section The AGENCY reserves the right to reject any or all bids, to waive any irregularity, to accept any bid or portion thereof, and to take all bids under advisement for a period of 45 days. At the time of Contract award, the prime contractor shall possess an appropriate Contractor's License sufficient to perform the work. Prior to execution of the Contract, the Contractor will be required to submit two good and sufficient bonds each in the amount of 100 percent of the Contract price, and to satisfactorily provide evidence of insurance as described elsewhere in these Specifications. This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code Section PREVAILING WAGES: Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations Internet web site at Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates. The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project Bid Documents (Special Federal Provisions), and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents. BY ORDER OF the City Council of the City of Norco. NB-2

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7 CITY OF NORCO INSTRUCTIONS TO BIDDERS FOR HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION PROPOSAL FORMS Bids shall be submitted in writing on the proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements. PROPOSAL GUARANTEE (BID BOND) Proposals must be accompanied by a proposal guarantee consisting of a certified check or bid bond payable to the AGENCY in the amount of 10 percent of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a Bidder to whom a contract is awarded fails or refuses to execute the Contract Documents or furnish the required insurance policies and bonds as set forth in these documents, the proposal guarantee shall be forfeited to the AGENCY. The proposal guarantee of all Bidders will be held until the successful bidder has properly executed all Contract Documents. NON-COLLUSION AFFIDAVIT Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal. PROPOSAL BID SHEET Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The Bidder shall set forth for each item of work, in clearly legible words and figures, a unit item price and a total for the item in the respective spaces provided for this purpose. In case of discrepancy between words and figures, the words shall govern. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the Bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by the Bidder, the unit price will be considered to be the bid. IB-1

8 DELIVERY OF PROPOSAL Proposals may be mailed or delivered by messenger; however, it is the Bidder s responsibility alone to ensure delivery of the proposal to the hands of the AGENCY S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. City Hall is open between the hours of 8:00 a.m. to 6:00 p.m. (Monday through Thursday). Late proposals will not be considered. Proposals shall be enclosed in a sealed envelope plainly marked on the outside: SEALED BID FOR HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION. DO NOT OPEN WITH REGULAR MAIL. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the Bidder. Such request must be delivered to the AGENCY S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. The withdrawal of a proposal will not prejudice the right of the Bidder to submit a new proposal, providing there is time to do so. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. IRREGULAR PROPOSALS Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. DISQUALIFICATION OF BIDDERS In the event that any Bidder, acting as a prime contractor, has an interest in more than one proposal, all such proposals will be rejected, and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder, and while doing so, may also submit a formal proposal as a prime contractor. No Contract will be executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code. No Contractor or Sub-Contractor may be listed on the proposal unless they are registered with the State DIR. IB-2

9 INTERPRETATION OF PLANS AND DOCUMENTS If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Plans, Specifications, or other proposed Contract Documents, or finds discrepancies in, or omissions from, the Drawings or Specifications, they may submit to the Engineer of said AGENCY a written request no later than 72 hours prior to said bid opening for an interpretation or correction thereof. Written requests will be accepted via the United States Postal Service or via the internet address of snelson@ci.norco.ca.us. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued, and a copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The Engineer will not be responsible for any other explanation or interpretations of the proposed documents. ADDENDA OR BULLETINS All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope, or quantity of work required for this project. Each Bidder shall be fully responsible for informing himself as to whether or not any such addenda have been issued. The effect of all addenda to the Contract Documents shall be considered in the bid, and said addenda shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in this bid any such addenda issued may render this bid irregular and may result in its rejection by the AGENCY. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any Bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and Contract Documents, and to full compliance therewith. AWARD OF CONTRACT Following a review of the bids, the AGENCY shall determine whether to award the contract or to reject all bids. The award of the contract, if made, will be to the lowest responsible Bidder as determined solely by the AGENCY. At the time of contract award, the successful Bidder shall hold an appropriate Contractor s License as required to perform the work issued by the State of California. Additionally, the AGENCY reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the Notice Inviting Sealed Bids, all as may be required to provide for the best interests of the Agency. In no event will an award be made until all necessary investigations are made as to the responsibility and IB-3

10 qualifications of the Bidder to whom the award is contemplated. No Bidder may withdraw his proposal for a period of 45 days after the time set for opening thereof. However, the AGENCY will return all proposal guarantees within 10 days after the award of the contract or rejection of the bids, as the case may be, to the respective Bidders whose proposals they accompany. Any bid protest must be submitted in writing to the City Engineer before 5:00 p.m. of the tenth business day following bid opening. LABOR CODE Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the AGENCY has obtained the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute the contract from the Director of the Department of Industrial Relations. These rates are on file with the Clerk of the AGENCY, and copies will be made available to any interested party on request. Travel and subsistence payments to each workman needed to execute the work shall be made as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section of the Labor Code. The Contractor shall comply with the provisions of Section 1774 of the Labor Code. Failure to comply with the subject section will subject the Contractor to penalty and forfeiture provisions of Section 1775 of the Labor Code. Pursuant to the provisions of Section 1770 of the Labor Code, the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension, and similar purposes) applicable to the work to be done for straight time, overtime, Saturday, Sunday, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workmen concerned. The AGENCY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any circumstances be considered as the basis of a claim against the AGENCY on the Contract. The Contractor and Subcontractors shall comply with Section which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age of such employee, except as provided in Section WORKMAN S COMPENSATION CERTIFICATE Section 3700 of the State Labor Code requires that every employer shall secure the IB-4

11 payment compensation by either being insured against liability to pay compensation with one or more insurers, or by securing a certificate of consent to self-insure from the State Director of Industrial Relations. In accordance with this section and with Section 1861 of the State Labor Code, the Contractor shall sign a Compensation Insurance Certificate, which is included with the Contract Agreement, and submit same to City along with the other required Contract Documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work. CLAYTON ACT AND CARTWRIGHT ACT Section 4551 of the State Government Code specifies that in executing a public works contract with the City to supply goods, services, or materials, the Contractor or Subcontractor offers and agrees to assign to the AGENCY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec ) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services, or materials pursuant to the Contract or Subcontract. This assignment shall become effective when the AGENCY tenders final payment to the Contractor without further acknowledgment by the parties. SUBSTITUTION OF SECURITIES In conformance with the State of California Public Contract Code, Section 22300, the Contractor may substitute securities for any monies withheld by the AGENCY 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 as the escrow agent who shall pay such monies to the Contractor upon notification by AGENCY of Contractor s satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney s office. SUBLETTING AND SUBCONTRACTING Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Government Code), Bidders are required to list in their proposal the name and location of place of business of each Subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a Subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of 1/2 of 1 percent of this Prime Contractor s total bid. Failure to list a Subcontractor for a portion of the work means that the Prime Contractor will do that portion of the work. It is the IB-5

12 AGENCY S intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work. COMPLIANCE MONITORING AND ENFORCEMENT In accordance with Section 1771 of the State Labor Code all Contractor and Sub- Contractors will be subjected to the Public Works Contractor Registration Program with the Department of Industrial Relations. No Bidder will be allowed to submit a proposal on this project unless they are registered with the DIR. Registration can be completed by visiting Contractors and Sub-Contractors will also need to submit Certified Payroll Reports through the DIR Monitoring system. Prime Contractors will need to register at: IB-6

13 BIDDER S NAME: TO CITY OF NORCO, as AGENCY: CITY OF NORCO PROPOSAL FOR HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION In accordance with AGENCY S Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a Contract with the AGENCY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a Contract in the manner and time prescribed will result in forfeiture to AGENCY of the Bid Bond accompanying this proposal. FOR VIEWING PURPOSES ONLY CONTACT BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts. CITY OF NORCO BIDDER agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded to it. P-1

14 BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. BIDDER declares in the attached Non-Collusion Affidavit that the only persons or parties interested in this proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud. BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the Contract Documents. DATED:, 2019 BIDDER S ADDRESS: FOR VIEWING BIDDER: BY: TITLE: PHONE: PURPOSES ONLY CONTACT CITY OF NORCO P-2

15 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name: Business Address: Telephone: State Contractor's License No. and Class: Original Date Issued: Expiration Date: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: FOR VIEWING PURPOSES ONLY CONTACT All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: CITY OF NORCO P-3

16 CONTRACTOR'S LICENSING STATEMENT The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors. Contractor's License Number: Name of Individual Contractor (Print or Type): Signature of Owner: Business: Address or Name of Firm: Business Address: Name: Title: Address: Name: Title: Address or Name of Corporation: Business Address: FOR VIEWING Corporation organized under the laws of the State of Signature of President of Corporation PURPOSES ONLY CONTACT Signature of Secretary of Corporation CITY OF NORCO P-4

17 SUBCONTRACTOR LIST In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who will perform work or labor or render service to the Prime Contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor s total bid amount 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 (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which will be done by each Subcontractor. Name Under Which Sub Contractor is Licensed License Number If the bidder fails to specify a Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors for the same work are prohibited by provisions of the California Government Code.) An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor. Dated DIR Number Address of Office FOR VIEWING Specific Description of Sub Contract Work PURPOSES ONLY CONTACT % of Total Bid Bidder CITY OF NORCO Signature Signature P-5

18 REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: DESIGNATION OF SURETIES FOR VIEWING The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds: PURPOSES ONLY CONTACT CITY OF NORCO P-6

19 CITY OF NORCO BID BOND FOR HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION KNOW ALL MEN BY THESE PRESENT that, as BIDDER, and as SURETY, are held and firmly bound unto THE CITY OF NORCO, as AGENCY, in the penal sum of dollars ($ ), which is 10 percent of the total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. WITNESS our hands this day of, (seal) FOR VIEWING CONTRACTOR (CORPORATION) TYPE PURPOSES ONLY CONTACT By: President By: Secretary/Treasurer NOTE: SIGNATURE OF CORPORATE OFFICIALS MUST BE NOTARIZED. Subscribed and sworn to before me this day of,. Seal of Notary: Notary Public CITY OF NORCO P-7

20 BID BOND (PAGE 2) (seal) SURETY S NAME-TYPE: Mailing Address: By: Signature: Title: Name NOTE: SIGNATURE OF SURETY MUST BE NOTARIZED: Subscribed and sworn to before me this day of,. Seal of Notary: FOR VIEWING PURPOSES ONLY CONTACT Notary Public CITY OF NORCO P-8

21 Section 1.01 NON-COLLUSION AFFIDAVIT STATE OF CALIFORNIA ) ) SS COUNTY OF ), being first duly sworn deposes and says that he is (Sole Owner, Partner, President, etc.) of the party making the foregoing bid; that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization, or corporation, that such bid is genuine and not collusive or sham, that said BIDDER has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or that anyone shall refrain from bidding, that said BIDDER has not in any manner, directly or indirectly sought by agreements, communication, or conference with anyone to fix the bid price of said BIDDER or of any other bidder, or to fix the overhead, profit, or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true, and further, that said BIDDER has not, directly or indirectly submitted his 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 in connection, organization, bid depository, or to any member or persons as have a partnership or other financial interest with said BIDDER in his general business. Subscribed and sworn to before me this day of,. Seal of Notary: FOR VIEWING Notary Public Signed PURPOSES ONLY CONTACT Title CITY OF NORCO P-9

22 PROPOSAL BID SHEETS ITEM QUANTITY UNIT DESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS UNIT PRICE IN FIGURES TOTAL 1. 1 L.S L.S L.S L.S L.S. Clearing and Grubbing, Mobilization & NPDES/SWPPP Requirements at Per Lump Sum Caltrans Encroachment Permit Fee at Two thousand fifty dollars Per Lump Sum Traffic Control at Per Lump Sum Compaction Testing at Per Lump Sum FOR VIEWING 6. 1 E.A. Construction Staking and Monument Preservation at Per Lump Sum Adjust Manhole to Finished Surface at Per Each $ $ $2, $2, $ $ $ $ PURPOSES ONLY CONTACT $ $ CITY OF NORCO $ $ P-10

23 ITEM QUANTITY UNIT DESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS UNIT PRICE IN FIGURES TOTAL 7. 58,500 S.F TON 9. 1 L.S E.A EA 2 Cold Mill AC Pavement at Per Square Foot Construct 2 Type A HMA, PG M at Per TON Thermoplastic Striping, Markings, Legends, and Curb Paint at Per Lump Sum Install Traffic Signal Loop with Type D and Type E Loop Detectors at Per Each FOR VIEWING Install Caltrans approved high sensitive loop detector card at the controller cabinet at Per Each $ $ $ $ $ $ $ $ PURPOSES ONLY CONTACT $ $ CITY OF NORCO P-11

24 TOTAL BID AMOUNT $ TOTAL BID AMOUNT IN WORDS Bidders Name and Telephone Number NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work, and the total of all items inserted in the space provided. FOR VIEWING PURPOSES ONLY CONTACT CITY OF NORCO P-12

25 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this day of, BIDDER Subscribed and sworn to this day of, NOTARY PUBLIC By Title AGENCY acknowledges that this proposal was received and opened at the time and in the place specified, and that it was accompanied by the required guarantee in the amount of 10 percent of the total bid. FOR VIEWING By Title PURPOSES ONLY CONTACT CITY OF NORCO P-13

26 1. Parties and Date. CONTRACT AGREEMENT CITY OF NORCO HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION AGREEMENT (SAMPLE) This Agreement is made and entered into this day of, 2019 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as City ) and., a corporation with its principal place of business at (hereinafter referred to as Contractor ). City and Contractor are sometimes individually referred to as Party and collectively as Parties in this Agreement. 2. Recitals. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provisions of the Hidden Valley Parkway Pavement Rehabilitation Project on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing street improvements for 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 the City. 2.2 Project. The City desires to engage the Contractor to render such services for the Hidden Valley Parkway Pavement Rehabilitation Project ( Project ) as set forth in this Agreement. 3. Terms. FOR VIEWING PURPOSES ONLY CONTACT 3.1 Scope of Services and Term 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 construct the improvements outlined by the Hidden Valley Parkway Pavement Rehabilitation Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by CITY OF NORCO reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 15 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. CA-1

27 3.2 Responsibilities of Contractor Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any additional personnel constructing the Project under this Agreement 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 the construction of the Project under this Agreement 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 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein. Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor s conformance with the Project timeframe, City shall respond to Contractor s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City City s Representative. The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement ( City s Representative ). City s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City s Representative or his or her designee. FOR VIEWING Contractor s Representative. Contractor hereby designates President, or his designee, to act as its representative for the performance of this Agreement ( Contractor s Representative ). Contractor s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor s PURPOSES ONLY CONTACT Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City s staff, consultants and other staff at all reasonable times. CITY OF NORCO Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement 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 construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As CA-2

28 provided for in the indemnification provisions of this Agreement, 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 construct the Project 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 work on the Project Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section above ( Term ). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section , Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $ per working day: Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. 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 Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. FOR VIEWING Insurance Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. PURPOSES ONLY CONTACT CITY OF NORCO Minimum Requirements. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required: (i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG and include insurance for bodily injury, property damage and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability CA-3

29 (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following: $2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate (ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) California Labor Code. WORKERS' COMPENSATION insurance as required under the (iv) EMPLOYERS LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. (v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.) (vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following: FOR VIEWING $1,000,000 per occurrence or claim $2,000,000 general aggregate per annual policy period PURPOSES ONLY CONTACT In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall follow form and afford no less coverage than the primary insurance policy(ies). CITY OF NORCO Should this Contract involves any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract. In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution CA-4

30 Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and microbial matter including mold within the definition of Pollution under the policy. Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or selfinsured retentions. All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy. The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor. coverage form: FOR VIEWING PURPOSES ONLY CONTACT Claims-Made Policies - If any coverage required is written on a claims-made (i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor. CITY OF NORCO (ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs. CA-5

31 City for review. Contract. (iv) (v) A copy of the claims reporting requirements must be submitted to These requirements shall survive expiration or termination of the Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City s Risk Manager or his/her designee in his/her sole discretion prior to City s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract. If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract. The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. FOR VIEWING PURPOSES ONLY CONTACT In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract. CITY OF NORCO If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in CA-6

32 compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving 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 Bonds Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, 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 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, 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 City 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 Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, 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 Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions FOR VIEWING PURPOSES ONLY 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 Agreement for cause Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section , 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 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. CONTACT CITY OF NORCO Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as CA-7

33 described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed 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 of receiving such statement, review the statement and pay all approved charges thereon Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, Extra Work means any work which 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 Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City s Representative 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 Agreement. 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. FOR VIEWING 3.4 Accounting Records Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. 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 Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. PURPOSES ONLY CONTACT Termination of Agreement. CITY OF NORCO Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement 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 CA-8

34 compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause Effect of Termination. If this Agreement 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 Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request Additional Services. In the event this Agreement 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 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: City: City of Norco 2870 Clark Avenue Norco, CA Attention: Director of Public Works FOR VIEWING Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. PURPOSES ONLY CONTACT 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 Agreement 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 Agreement, 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. CITY OF NORCO Indemnification. To the furthest extent allowed by law including California Civil Code section 2782, CONTRACTOR shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, CONTRACTOR or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of CA-9

35 performance of this Contract. CONTRACTOR'S obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers. If CONTRACTOR should subcontract all or any portion of the work to be performed under this Contract, CONTRACTOR shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. Agreement Time of Essence. Time is of the essence for each and every provision of this City s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. FOR VIEWING Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement 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. PURPOSES ONLY CONTACT Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement 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 work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. 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 Agreement. CITY OF NORCO Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties 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 CA-10

36 service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect 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 Agreement. 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 Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. FOR VIEWING Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers Compensation or to undertake self-insurance in PURPOSES ONLY CONTACT accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. CITY OF NORCO Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of CA-11

37 City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Name of Contractor: *By: Signature Name and Title NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST B Attach Certificate of Notary Acknowledgement OWNER: CITY OF NORCO, a municipal corporation *By: Robin Grundmeyer - Mayor ATTEST: FOR VIEWING Cheryl L. Link, City Clerk APPROVED AS TO FORM: PURPOSES ONLY John R. Harper, City Attorney CONTACT CITY OF NORCO CA-12

38 EXHIBIT A Scope of Hidden Valley Parkway Pavement Rehabilitation Project The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of a 2 mill and overlay and all appurtenant related work to the satisfaction and acceptance of the City Engineer. The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as Standard Specifications ) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference. FOR VIEWING PURPOSES ONLY CONTACT CITY OF NORCO CA-13

39 EXHIBIT B Proposal Document FOR VIEWING PURPOSES ONLY CONTACT CITY OF NORCO CA-14

40 KNOW ALL MEN BY THESE PRESENT: CONTRACT PERFORMANCE BOND (CALIFORNIA PUBLIC WORK) THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee ) has awarded to (hereinafter designated as the Contractor ), an agreement for the work described as follows: HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION The general items of work to be done hereunder consist of: The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of a 2 mill and overlay and all appurtenant related work to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the Public Work ); and 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 referred to as the "Contract"), which Contract is incorporated herein by this reference; and FOR VIEWING WHEREAS, the Contractor is required by said 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 Norco in the sum of Dollars ($ ), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. PURPOSES ONLY CONTACT CITY OF NORCO THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, 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 Contract and any alteration thereof made as therein provided, on his or its parts, to CA-15

41 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 said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work 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 of addition to the terms of the Contract, or to the work or to the Specifications. No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of, FOR VIEWING PRINCIPAL/CONTRACTOR: By: PURPOSES ONLY CONTACT SURETY: CITY OF NORCO By: Attorney-in-Fact CA-16

42 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). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California if different from above) FOR VIEWING (Telephone Number of Surety and Agent or Representative for service of process in California) PURPOSES ONLY CONTACT CITY OF NORCO CA-17

43 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 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) Commission expires: FOR VIEWING Notary Public in and for said State NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto. PURPOSES ONLY CONTACT CITY OF NORCO CA-18

44 PAYMENT BOND (CALIFORNIA PUBLIC WORK) KNOW ALL MEN BY THESE PRESENT: THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee has awarded to (hereinafter designated as the Contractor ), an agreement dated, described as follows: HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION The general items of work to be done hereunder consist of: The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of a 2 mill and overlay and all appurtenant related work to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the Contract ) and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; FOR VIEWING 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 Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Dollars ($ ), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. PURPOSES ONLY CONTACT CITY OF NORCO THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary CA-19

45 services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work 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 the Specifications. No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee s reasonable attorney s fees incurred, with or without suit, in addition to the above sum. FOR VIEWING IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of, PRINCIPAL/CONTRACTOR: PURPOSES ONLY CONTACT By: CITY OF NORCO SURETY: By: Attorney-in-Fact The rate of premium on this bond is per thousand. CA-20

46 The total amount of premium charged: $ (The above must be filled in by corporate Surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California if different from above) FOR VIEWING (Telephone Number of Surety and Agent or Representative for service of process in California STATE OF CALIFORNIA ) ) ss. COUNTY OF ) PURPOSES ONLY CONTACT CITY OF NORCO On this day of, in the year, before me,, a Notary Public in and for said State, personally appeared, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the CA-21

47 (Surety) and acknowledged to me that he subscribed the name of the (Surety) thereto and his own name as Attorney-in-Fact. (SEAL) Commission expires: Notary Public in and for said State NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto. FOR VIEWING PURPOSES ONLY CONTACT CITY OF NORCO CA-22

48 GENERAL LIABILITY ENDORSEMENT CITY OF NORCO 2870 Clark Avenue Norco, CA (951) A. POLICY INFORMATION Endorsement # 1. Insurance Company Policy Number 2. Policy Term (From) (To) Endorsement Effective Date 3. Named Insured 4. Address of Named Insured 5. Limit of Liability Any One Occurrence/Aggregate $ / FOR VIEWING 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): 7. Coverage is equivalent to: Comprehensive General Liability Form GL0002 (Ed. 1/73) PURPOSES ONLY Commercial General Liability Occurrence Form CG0001 CONTACT CITY OF NORCO 8. Bodily Injury and Property Damage Coverage is: occurrence Note: The City of Norco standard insurance requirements specify occurrence coverage. Claims-made coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit. CA-23

49 9. Description of Project: HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION The general items of work to be done hereunder consist of: The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of a 2 mill and overlay and all appurtenant related work to the satisfaction and acceptance of the City Engineer. B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured. FOR VIEWING 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it. PURPOSES ONLY CONTACT CITY OF NORCO 3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: (1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or CA-24

50 (2) Insurance Services Office Commercial General Liability Coverage, Occurrence Form CG 0001; or (3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company s limit of liability. 5. PROVISIONS REGARDING THE INSURED S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement. 7. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: FOR VIEWING (Title) (Department) (Company) (Street Address) (City) (State) (Zip Code) (Telephone Number) PURPOSES ONLY CONTACT CITY OF NORCO CA-25

51 C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I,, warrant that I have authority to (Print/Type Name) bind the below-listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: FOR VIEWING PURPOSES ONLY CONTACT CITY OF NORCO CA-26

52 AUTOMOBILE LIABILITY ENDORSEMENT CITY OF NORCO 2870 Clark Avenue Norco, CA (951) A. POLICY INFORMATION Endorsement # 1. Insurance Company Policy Number 2. Policy Term (From) (To) Endorsement Effective Date 3. Named Insured 4. Address of Named Insured 5. Limit of Liability Any One Occurrence/Aggregate $ / 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $ FOR VIEWING B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: PURPOSES ONLY CONTACT CITY OF NORCO 1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers. 2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this CA-27

53 policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as: (1) Insurance Services Office form number CA (Ed. 1/78), Code 1 ( any auto ) and endorsement CA (2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company s limit of liability. 5. PROVISIONS REGARDING THE INSURED S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement. FOR VIEWING PURPOSES ONLY CONTACT CITY OF NORCO CA-28

54 C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: (Title) (Department) (Company) (Street Address) (City) (State) (Zip Code) (Telephone Number) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I,, warrant that I have authority to (Print/Type Name) bind the below-listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: TITLE: ADDRESS: FOR VIEWING PURPOSES ONLY CONTACT CITY OF NORCO TELEPHONE: CA-29

55 WORKER S COMPENSATION/EMPLOYER S LIABILITY ENDORSEMENT CITY OF NORCO 2870 Clark Avenue Norco, CA (951) A. POLICY INFORMATION Endorsement # 1. Insurance Company ( the Company ) Policy Number 2. Effective Date of this Endorsement 3. Named Insured 4. Employer s Liability Limit (Coverage B) B. POLICY AMENDMENTS FOR VIEWING In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: (1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement. PURPOSES ONLY CONTACT (2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco. CITY OF NORCO CA-30

56 C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I,, warrant that I have authority to bind (Print/Type Name) the below-listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: FOR VIEWING PURPOSES ONLY CONTACT CITY OF NORCO CA-31

57 W-9 FORM CA-32

58 CA-33

59 CA-34

60 CA-35

61 CITY OF NORCO GENERAL SPECIFICATIONS FOR HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION SCOPE OF WORK The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents to construct for the above-stated project. The general items of work to be done hereunder consist of: The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of a 2 mill and overlay and all appurtenant related work to the satisfaction and acceptance of the City Engineer. LOCATION OF WORK The general location and limits of the work are as follows: Hidden Valley Parkway from Hamner Avenue to East of Southbound I-15 on ramp. TIME OF COMPLETION The Contractor shall complete all work in every detail within fifteen (15) working days after the date of Notice to Proceed. TRAFFIC REQUIREMENTS Traffic control shall be executed per the traffic control plan. Lane closures may only occur between the hours of 9:00pm and 5:00am, Sunday through Thursday, excluding holidays and Caltrans District 8 Moratorium Holiday Lane Closure restrictions. Pending City approval and Caltrans inspector availability, alternative working hours are between 11:00pm and 7:00am, Friday through Saturday, excluding holidays and Caltrans District 8 Moratorium Holiday Lane Closure restrictions. The Contractor shall cooperate with the residents and businesses as well as school buses and waste disposal trucks, to permit access to the residences and businesses at all times. GS-1

62 The Contractor shall notify all emergency service departments (police, fire, and ambulance) in both Corona and Norco of any work, which may cause delay in response times. Traffic control shall be in accordance with the requirements of the California Manual of Traffic Control Devices, Latest Edition. Traffic signals shall be maintained in normal operation for the duration of the construction. Should a shutdown or flash operation be required during construction, the Contractor shall coordinate with the Public Works Inspector and shall place changeable message signs to the satisfaction of the Engineer warning drivers of the planned temporary change in operation. Changeable message signs shall be placed 48 hours in advance of the planned temporary change in operation of the traffic signal. The Contractor shall, at its expense, provide, place and maintain cautionary traffic and construction signs, pedestals, lanterns and painted barricades or provide flagmen in sufficient number to the satisfaction of the Engineer for adequate traffic control in and on the streets that lead to the construction area. No phase of construction will begin until the Contractor s traffic control plan is approved by the Engineer and the required traffic control devices are installed in their proper location. No paper signs other than Temporary No Parking signs are allowed. The Contractor shall furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, while on duty and assigned to give warning to the public of any dangerous conditions to be encountered shall perform their duties and shall be provided with the necessary equipment in accordance with the current Caltrans Instructions to Flagmen. The equipment shall be furnished and kept clean and in good working condition by the Contractor at his expense. UTILITY REQUIREMENTS The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the Underground Service Alert by calling 1 (800) The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated. 1. Southern California Gas Company 1981 West Lugonia Avenue, Redlands, CA Geary Ambers (909) GS-2

63 2. AT&T/PACBELL/SBC 1265 Van Buren Street, Suite 180 Anaheim, CA Anthony Kwan (714) Southern California Edison Company 9901 Geary Avenue Santa Fe Springs, CA Gail Gardener (562) Charter Communications 7337 Central Avenue Riverside, CA Carlos Lopez (951) Time Warner Cable 560 S. Promenade Ave., Suite 102 Corona, CA Keith Klump (951) City of Norco Public Works Department 2870 Clark Avenue Norco, CA Chad Blais (951) City of Norco Water Department 2870 Clark Avenue Norco, CA Terry Piorkowski (951) City of Norco Dept. of Parks, Recreation, and Community Services 2870 Clark Avenue Norco, CA Brian Petree (951) The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operation condition. The Contractor shall notify the Southern California Gas Company s Headquarters Planning Office at (714) at least two working days prior to the start of construction. GS-3

64 The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the Plans or not, and shall assume full responsibility for all damage resulting from his operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period, and shall be responsible for preparation and processing of any required plans or permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities, including temporary service connections. The City has made every attempt to notify and locate underground utilities by a search of available records but does not warrant or guarantee that all underground utilities are shown that may exist in the work area. The Contractor is required by this contract and specifications to complete the work shown and make necessary adjustments to clear such underground facilities unless directed otherwise by the Engineer. FLOW AND ACCEPTANCE OF WATER It is anticipated that storm, surface, or other waters will be encountered at various times during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and the Contractor submitting a bid, assumes all said risk. The Contractor shall conduct his operations in such a manner that storm or other existing water may proceed uninterrupted along their existing street or drainage courses. Diversions of water for short reaches to protect construction in progress will be permitted if public and/or private properties, in the opinion of the Engineer, are not subject to probability of damage. The Contractor shall obtain written permission from the applicable public agency or property owner before any diversion of water outside of public right-of-way will be permitted. REMOVAL OF WATER The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water nor shall water be allowed to rise over them until the concrete or mortar has set at least eight hours. Water shall not be allowed to rise unequally against wall for a period of 28 days. Dewatering for the structures shall commence when groundwater is first encountered, and shall be continuous until such time as water can be allowed to rise in accordance with the above paragraph. Dewatering shall be accomplished by well points or some other method which will insure a dry hole and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the Engineer. Disposal of water from dewatering operations shall be the sole responsibility of the Contractor. Disposal methods shall conform to the Porter-Cologne Water Quality Control Act, 1974, the Federal Water Pollution Control Act Amendments of 1972, and the GS-4

65 California Administrative Code, Title 23, Chapter 3. Full compensation of dewatering shall be considered as included in the Contract prices paid for the related items of work, and no additional compensation will be allowed therefore. STANDARD SPECIFICATIONS The Standard Specifications of the Agency are contained in the latest edition of the Standard Specifications for Public Works Construction, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of Associated General Contractor s of California. Copies of the Standard Specifications are available from the publisher: Building News, Incorporated P.O. Box 3031 Terminal Annex Los Angeles, California (213) The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods of this Contract except as amended by the Special Provisions or other Contract Documents. The section numbers shown in the following Special Provisions coincide with those of the Standard Specifications. Only those sections requiring amendment or elaboration, or specifying options, are called out. 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. References in the Special Provisions to CALTRANS Standard Specifications shall mean the Standard Specifications (latest edition) of the State of California, Department of Transportation. Copies of these specifications may be obtained from: State of California Department of Transportation Central Publication Distribution Unit P.O. Box 1015 North Highland, CA References in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Norco or other governing agency as specified. Applicable Standard Plans for this project are contained in Appendix I of these Specifications. GS-5

66 Where the Plans and Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete in place, and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. WAGE RATES AND LABOR CODE REQUIREMENTS Wage Rates: The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Sections 1770, 1773, and of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Secretary of the Board of Directors and are available for review upon request. Attention is directed to the provisions of Sections 1774, 1775, 1776, , and of the State Labor Code, excerpt copies of which are contained in Appendix II of these Specifications. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State of Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures, and certain notices required of the Contractor pertaining to their location. Apprentices: Section of the State Labor Code requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules, and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. GS-6

67 Clayton Act and Cartwright Act: Section 4551 of the State Government Code specifies that in executing a public works contract with the Agency to supply goods, services or materials, the Contractor or Subcontractors offers and agrees to assign to the Agency all rights, title, and GS-6 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 commencing with Section 16700) of Part 2 of Division 7 of the Business and Professional Code, arising from purchase of goods, services, or materials pursuant to the contract or subcontract. This assignment shall become affective when the Agency tenders final payment to the Contractor without further acknowledgment by the parties. GS-7

68 CITY OF NORCO SPECIAL PROVISIONS FOR HIDDEN VALLEY PARKWAY PAVEMENT REHABILITATION The section numbers of the following Special Provisions coincide with those of the Latest Edition (including all supplements) of the Standard Specifications for Public Works Construction ( Green Book ). Only those sections requiring amendment or elaboration, or specifying options, are called out. PART 1 GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS 1-2 TERMS AND DEFINITIONS [Add the following]: Agency/City: Board: CALTRANS: County: Engineer: Federal: Flood Control State: City of Norco City Council California Department of Transportation County of Riverside City Engineer/Deputy City Engineer United States of America Riverside County Flood Control and Water Conservation District State of California 1-7 AWARD AND EXECUTION OF THE CONTRACT General. [Replace with the following]: Within 10 working days after the date of the Notice of Award, the Contractor shall execute and return the following Contract Documents to the AGENCY: Contract Agreement Faithful Performance Bond Payment Bond General Liability Endorsement Automobile Liability Endorsement SP-1

69 Worker s Compensation/Employer s Liability Endorsement Failure to comply with the above may result in annulment of the award, and forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the Contract and bonds for the corporation have the authority to do so Contract Bonds. [Add the following]: Both the Contract Performance Bond and the Payment Bond shall each be for not less than 100 percent of the total Contract amount. The Payment Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion. The Contract Performance Bond will not be released until one year after said date. SECTION 2 SCOPE AND CONTROL OF THE WORK 2-2 PERMITS. [Replace the first sentence with the following]: Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The Contractor and all subcontractors shall each obtain any and all other permits, licenses (including City Business License), inspections, certificates, or authorizations required by any governing body or public utility, including SCE encroachments. The Contractor shall obtain an encroachment permit and pay all associated fees, prior to commencing work in the public right-of-way. Payment for these permits and all licenses shall be included in the bid items of work, and no additional compensation will be allowed. 2-5 THE CONTRACTOR S EQUIPMENT AND FACILITIES. [Add the following]: A noise level limit of 86 dba at a distance of 50 feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. SP-2

70 SECTION 3 CONTROL OF THE WORK 3-7 CONTRACT DOCUMENTS General. [Replace the first paragraph with the following]: The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the City Engineer. Final payment will not be made until this requirement is met SURVEYING General. [Replace the entire subsection and substitute the following]: The Contractor shall provide surveying and construction staking required for the construction of this project. The Contractor shall submit to the City for approval, the qualifications of the Licensed Land Surveyor, prior to commencing the construction staking. All survey monuments, centerline ties and survey reference points shall be protected in place or reestablished where disturbed, in accordance with Section 8771 of the Professional Land Surveyor s Act (Business & Professions Code Section 8700 et seq.), prior to Project acceptance. This work will be the responsibility of the Contractor and shall be at the Contractor s sole cost and expense. All construction control surveying, including verification of the existing surfaces required to establish control of line and grade for the finish surface, shall be performed under the supervision of a Registered Civil Engineer or Licensed Land Surveyor at the expense of the Contractor. Survey stakes shall be set and stationed by the Contractor s surveyor as follows: 1) Drains 50' intervals and change of alignment or grade 2) Water 40' intervals and change of alignment or grade 3) Sewer 40 intervals and change of alignment or grade 4) Structures 4 corners with reference elevations 5) Rough Grade As required to achieve cut or fill to finished grade (or flow line) as indicated on a grade sheet (maximum interval of: 50' intervals, 50 grid pattern, and change of alignment or grade) 6) Finish Grade As required to achieve cut or fill to finished grade (or flow line) as indicated on a grade sheet (maximum interval of: 25' intervals, 25 grid pattern, and change of alignment or grade; as well as 15 intervals and 15 grid SP-3

71 pattern for intersections and curb return areas) Offsets and locations shall be as agreed upon. The Contractor shall transfer grade hubs for construction as he may require. The Engineer shall have the right to verify the Contractor s survey extensions, and if found deficient, the Contractor shall pay the costs thereof Line and Grade. [Delete the entire subsection and substitute the following:] 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 Permanent Survey Markers. [Add the following:] The Land Surveyors Act, Section 8771 of the Business and Professional Code, and Sections 732.5, , and of the Streets and Highways Code require that survey monuments shall be protected and perpetuated. The Contractor shall be responsible prior to the start of construction for locating, referencing, and filing of Corner Records with the County Surveyor s office for survey control points/ monuments that exist as shown on recorded Tract Maps, Parcel Maps, Records of Surveys and Highway Maps which are going to be affected or disturbed by the proposed construction. After the proposed completion of the proposed construction, said monuments and/or control survey points shall be reset to the new surface in accordance with current professional land surveying practices. Corner Records shall be filed with the County Surveyor, with a copy provided to the City, for all new monuments set WORK SITE MAINTENANCE [Add the following paragraph]: Full compensation for developing a water supply including all labor, materials, tools, and equipment for developing water supply including City of Norco meter deposit and/or rental, piping, storage, and all other operations involved in developing water supply shall be considered as included in the various items using water and no separate compensation will be allowed. SP-4

72 Air Pollution Control. [Add the following paragraph]: The Contractor shall control dust by watering down the work area, including periods when work is not actually in progress. Failure to respond to a direction to water the site in a prompt manner will result in the City making other arrangements to have this item of work done, and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from the Contract STORAGE OF EQUIPMENT AND MATERIALS [Add the following]: The Contractor shall assume full responsibility for any damage caused by stockpiling and shall repair same at his expense. The Contractor shall also be responsible for providing traffic control as required to protect the public from hazards caused by stockpiling within the right-of-way. Payment for the above, if any, will be deemed as included in the items of work and no additional compensation will be allowed. The Contractor may, at his own expense, maintain and operate a work and storage area outside of the public right-of-way. In such case the Contractor shall submit to AGENCY written authorization from the owners of the subject property prior to occupation. Occupation of the site without written authorization shall be grounds for immediate suspension of work. Location of site to be approved by AGENCY. Condition and operation of the yard shall conform to these Specifications. The Contractor shall assume full responsibility for all damage to the site resulting from his operations and shall repair and/or replace same, at his own expense, to the satisfaction of the owner of the subject property. The Contractor shall vacate site and return it to pre-project condition within five (5) working days following application for Notice of Completion. The Contractor shall obtain a written release from the property owner accepting the condition of the vacated site and releasing the Contractor from any further clean up or restoration work and shall submit a copy of such release to AGENCY. The Notice of Completion will not be issued until said release is submitted. SECTION 4 CONTROL OF MATERIALS (NOT USED) SECTION 5 LEGAL RELATIONS AND RESPONSIBILITIES 5-1 LAWS AND REGULATIONS. [Add the following]: The Contractor, and all subcontractors, suppliers, and vendors, shall comply with applicable Agency, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due SP-5

73 under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. Certified payroll records shall be submitted to the Agency by the Contractor by the tenth day of each month. Progress payments will be withheld pending receipt of any outstanding reports. 5-3 LABOR GENERAL [Add the following]: The Contractor, and all subcontractors, suppliers, and vendors, shall comply with applicable Agency, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. Certified payroll records shall be submitted to the Agency by the Contractor by the tenth day of each month. Progress payments will be withheld pending receipt of any outstanding reports. 5-4 INSURANCE General Liability Insurance. [Add the following entire subsection]: INDEMNIFICATION. The Contractor shall indemnify and save harmless the City of Norco, the State of California, the County of Riverside, and/or any incorporated City from all claims or suits for damages arising from his prosecution of the Contract work, as more fully described in Subsection General Liability Insurance. The Contractor shall maintain, during the life of the Contract, a protective liability policy. The policy shall provide for not less than the following amounts: Bodily Injury $500,000 Each Person $1,000,000 Each Accident $2,000,000 Aggregate Products and Completed Operations Property Damage $1,000,000 Each Accident SP-6

74 Worker s Compensation $1,000,000 Statutory All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the AGENCY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. The following statement shall be included on the insurance certificate: Additional Insured: The insurer agrees that the City of Norco and its City Council and/or all City Council appointed groups, committees, boards, and any other City Council appointed body, and/or elective and appointive officers, servants, or employees of the City when acting as such are additional insured hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City. The Contractor agrees to protect, defend, and indemnify the City of Norco against loss, damage, or expense by reason of any suit, claims, demands, judgments, and causes of action caused by the Contractor, his employees, agents, or any Subcontractor or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at his option, may include such coverage under his Public Liability coverage CONTRACTOR S LIABILITY The City of Norco, its City Council, or the Engineer shall not be answerable or accountable in any manner, for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or anyone employed by him; against all of which injuries or damages to persons and property the Contractor having control over such work must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion and final acceptance, and shall indemnify and save harmless the City of Norco, its City Council, and the Engineer from all suits or actions of every name and description, brought for, or on account of, any injuries or damages received or sustained by any person or persons, or by the Contractor, his servants or agents, in the construction of the work by or in consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages aforesaid. SP-7

75 If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, he may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work to be done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due or becoming due the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety. 5-7 SAFETY Work Site Safety. [Add the following paragraph]: The Contractor shall comply with the provisions of any AGENCY ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection SAFETY ORDERS [Add the following paragraph]: The Contractor shall comply with the provisions of any AGENCY ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection. SECTION 6 PROSECUTION AND PROGRESS OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK [Add with the following]: The Contractor s proposed Construction Schedule shall be submitted to the City Engineer within ten (10) working days after the date of the Notice of Award of Contract. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed, the City Engineer will schedule a pre-construction meeting with the Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit periodic Progress Reports to the City Engineer by the tenth day of each month. The report shall include an updated construction schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. ORDER OF WORK SP-8

76 The first order of work shall be to place the order for the materials. Within one week of the NOTICE TO PROCEED, the Contractor shall furnish the Engineer with a statement from the vendor that the order for said equipment has been received and accepted by the vendor. All other work shall be considered second order of work. 6-3 TIME OF COMPLETION GENERAL [Add the following]: The time for completion shall be as set forth in the General Specifications, Time of Completion and is noted as 15 working days after the date of the Notice to Proceed. The Contractor s activities shall be confined to the hours between 9:00pm and 5:00am, Sunday through Thursday excluding holidays and Caltrans District 8 Moratorium Holiday Lane Closure restrictions. Pending City approval and Caltrans inspector availability, alternative working hours are between 11:00pm and 7:00am, Friday through Saturday, excluding holidays and Caltrans District 8 Moratorium Holiday Lane Closure restrictions. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving an immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. 6-9 LIQUIDATED DAMAGES [Replace last sentence with the following]: For each consecutive working day in excess of the time specified, as adjusted in accordance with Subsection 6-6, for completion of the work the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $ SECTION 7 MEASURMENT AND PAYMENT 7-3 PAYMENT Partial and Final Payment. [Replace the last paragraph with the following]: The closure date for periodic progress payments will be the first calendar day of each month. The final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions. SP-9

77 The full 5 percent retention will be deducted from all payments. The final retention will be authorized for payment 35 days after the date of recordation of the Notice of Completion, pending release of all liens. Securities deposited in lieu of retention funds and the method of release of such funds shall be approved by the City Attorney's office Delivered Materials. [Replace with the following]: Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress payment. 7-4 PAYMENT FOR EXTRA WORK MARKUP [Add the following as the first paragraph]: The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers, and other personnel not working directly on the change order, and pickup or yard trucks used by the above personnel. These costs shall not be reported as labor or equipment elsewhere, except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed. 1) Labor 20 percent 2) Materials 15 percent 3) Equipment Rental 15 percent 4) Bonding 1 percent 5) Subcontractors up to $5, percent greater than $5,000 5 percent SECTION 8 FACILITIES FOR AGENCY PERSONNEL (NOT USED) SP-10

78 PART 2 - TECHNICAL PROVISIONS The section numbers of the following Technical Provisions coincide with those of the Latest Edition (including all supplements) of the Standard Specifications for Public Works Construction ( Green Book ), the California Department of Transportation Standard Specifications, the American Society of Testing and Materials Specifications (ASTM), the American Association of State Highway Transportation Officials Specifications (AASHTO), and the National Concrete Masonry Association Technical Specifications (NCMA-TEK). Only those sections requiring amendment or elaboration, or specifying options, are called out. SECTION 402 UTILITIES LOCATION. [Add the following paragraph]: The Contractor shall notify the utilities designated in the General Specifications at least 48- hours in advance of excavating around any of their structures. Full compensation for conforming to the provisions of this section shall be considered as included in the price bid for the various other items of work and no additional compensation shall be allowed therefore. SECTION 601 TEMPORARY TRAFFIC CONTROL FOR WORK CONSTRUCTION AND MAINTENANCE WORK ZONES GENERAL. [Add the following paragraphs]: The Contractor shall coordinate with property owner(s) and/or construction contractor(s) and/or subcontractor(s) in regard to a property access during and after hours of operation. The coordination shall be handled in such a way as to cause as little inconvenience as possible to all persons having access into and out of the adjoining property. The Contractor shall hand deliver notifications to all affected homeowners along the project alignment a minimum of 48 hours prior to start of any construction. Contractor shall post the affected streets with temporary No Parking signs at a maximum of 100 feet spacing, when his operations require the street to be clear of all parked vehicles. Payment for all work itemized above for the convenience of the public shall be considered as included in the other various Contract bid items, and no separate compensation will be allowed. When entering or leaving roadways carrying public traffic, the Contractor s equipment, whether empty or loaded, shall in all cases yield to public traffic. The Contractor shall maintain the minimum traffic requirements designated in the General Specifications and shall comply with the latest edition of the Work Area Traffic Control TP-1

79 Handbook. The Contractor shall limit his daily work schedule to only that work which can be completed by the end of the day. Specifically, he shall complete the trench, bedding, pipe installation, backfill, and compaction for each area started by the end of that day. Temporary paving must be placed within one workday, if final paving is completed at the end of the pipeline installation. The Contractor shall schedule his operations so that the length and time requirement specified below for open trench shall not be exceeded. 1. Time Requirement for Open Trench At any location, the trench excavation, pipe installation, appurtenant structure construction, pipe bedding, backfill, and the specified temporary surfacing shall be satisfactorily completed within one calendar day after removal of the existing surface. The finished surface of each of these areas will be permitted to remain 2 inches lower than the existing grade overnight or as necessary, in order to allow one move in of asphalt laying equipment. Should it be necessary to install trench plates, they shall be installed flush with the adjacent pavement. Placing trench plates on top of the pavement and using asphalt to ramp up to the plates will not be allowed. The Contractor must clearly delineate each work zone in conformance with the traffic control requirements above to reduce traffic hazards, and his work will be subject to review and approval by the City Engineer. The Contractor shall provide a minimum of two flagmen to control traffic during specific times of construction as determined by the inspector and as required by traffic conditions. All costs associated with this item should be included in the bid items, and no additional compensation will be allowed. Traffic signals shall be maintained in normal operation for the duration of the construction. Should a shutdown or flash operation be required during construction, the Contractor shall coordinate with the Public Works Inspector and shall place changeable message signs, to the satisfaction of the Engineer warning drivers of the planned temporary change in operation. Changeable message signs shall be placed 48 hours in advance of the planned temporary change in operation of the traffic signal. The Contractor shall, at its expense, provide, place and maintain cautionary traffic and construction signs, pedestals, lanterns and painted barricades or provide flagmen in sufficient number to the satisfaction of the Engineer for adequate traffic control in and on the streets that lead to the construction area. No phase of construction will begin until the Contractor s traffic control plan is approved by the Engineer and the required traffic control devices are installed in their proper location. No paper signs other than Temporary No Parking signs are allowed. The Contractor shall furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, while on duty and assigned to give warning to the public of any TP-2

80 dangerous conditions to be encountered shall perform their duties and shall be provided with the necessary equipment in accordance with the current Caltrans Instructions to Flagmen. The equipment shall be furnished and kept clean and in good working condition by the Contractor at his expense. All existing signs, street name signs, and regulatory signs shall be maintained in visible locations during construction. Payment for all traffic control plans, traffic control signing, temporary striping, barricading, and flagmen, including removal of striping, either existing or temporary, etc. shall be included in the other bid items, and no additional compensation will be allowed therefore. TP-3

81 PART 3 BID ITEM DESCRIPTIONS All construction shall comply with the applicable sections of the 2018 Standard Specifications for Public Works Construction ( Greenbook ), hereafter referred to as Standard Specifications, the California Department of Transportation (Caltrans) Standard Specifications, Encroachment Permit and these Special Provisions. Construction methods shall comply with applicable sections of Part 3 Construction Methods of the Standard Specifications and these Special Provisions. Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor, and shall be disposed of by him away from the site of Work. ITEM 1 CLEARING AND GRUBBING, MOBILIZATION & NPDES/SWPPP The work included in this item shall consist of all the work described in Subsection 300-1, Clearing and Grubbing and section 7-3.4, Mobilization of the Standard Specifications for Public Works Construction, hereafter referred to as Standard Specifications. GENERAL The following items of work shall be included in the lump sum bid for Clearing and Grubbing, Mobilization, & NPDES/SWPPP and no additional compensation will be allowed: a) General excavation, earthwork, grading to match details of proposed improvements called for on the project plans. b) Saw cut and removal of existing P.C.C. improvements, AC improvements, and other improvements not specifically included in any other bid item. c) Removal of existing brush, trees, and roots as directed by the Engineer and those that may be in the way of constructing the proposed improvements. d) All bonds, permits, and licenses. e) At least 10 working days prior to commencing work, the Contractor shall submit to the Engineer his proposed daily construction schedule specifying by individual address or by blocks those properties affected, and his methods of vehicle traffic control and equestrian trail closures. This submittal shall be made sufficiently in advance to allow review and approval of the Contractor s proposed schedule and the notification of affected property owners. f) This Bid Item shall also include, but not be limited to procurement and mobilization of all construction equipment, personnel, construction office, approved construction staging area, and preparation of existing ground within the project area. Brush and other organic matter shall be removed from the area of the proposed improvements BD-1

82 and from any area where soils or construction materials will be stockpiled. g) This Bid Item is to include any and all work required to keep the public right-of-way, adjoining properties, and downstream drainage improvements free of construction debris, dust and silt. The Contractor shall comply with all aspects of the National Pollutant Discharge Elimination System (NPDES/SWPPP) including appropriate Best Management Practices (BMP s). No additional amounts shall be paid for erosion control, erosion damage clean-up, removal of debris from the project site, or removal of soil deposited on public streets by construction traffic. All required NPDES regulations shall be compiled with, including, but not limited to: 1) Preparation of a SWPPP is not required. 2) Storm or construction generated water containing sediment such as construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, cleanup of concrete transit mixers or other pollutants from construction sites and parking areas shall be retained or controlled on site and shall not be permitted to enter the storm drain system. 3) Temporary sediment filtering systems such as sandbags, silt fences, stabilized construction entrance, or gravel berms shall be utilized to trap sediment so that only filtered water enters the City s stormdrain system. Proper clean up and disposal of settled sediment and the filtering system shall be the responsibility of the Contractor. 4) Discharge of concrete transit mixer wash water on to approved dirt areas (sub-grade area designated for new concrete construction, for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted. 5) Plastic or other impervious covering shall be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City. 6) Excavated soil stored on the site shall be covered in a manner that minimizes the amount of sediments running into the storm drain system, street, or adjoining properties. 7) No washing of construction or other industrial vehicles and equipment shall be allowed adjacent to a construction site. 8) During rainy days, the Contractor shall keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures shall be in place and maintained by the CONTRACTOR on a daily basis on days when construction is not in progress due to rain. No other work shall be conducted during rain events. 9) All costs associated with water pollution control shall be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor s failure to implement water pollution control measures will be charged to the BD-2

83 Contractor. 10) BMPs must conform to the most recent edition of the California BMP Handbook ( 11) Downstream catch basins must be protected with a combination of gravel bags and permeable fabric. All BMPs in the public right-of-way must be removed by the Contractor at the conclusion of the project. h) Sweeping and removal of all built up soil and debris in existing gutters. i) The Contractor shall secure the construction work locations, including temporary construction fencing, to warm pedestrians of possible safety hazards. The signs shall be of sufficient size and shall be mounted in such a way to be readable by the pedestrians. No material or equipment shall be stored where it will interfere with the safe passage of public traffic both vehicular and equestrian and at the end of each day s work, the Contractor shall remove all equipment and other obstructions from that portion of the roadway used by public traffic. Spillage resulting from hauling operations along or across any public traveled way shall be removed promptly. Should the Contractor fail to provide and maintain these devices and services and the City is required to alleviate said conditions, the total charges for labor, equipment and materials, including overhead and transportation, accrued by the City for such work will be deducted from the contract payments to the Contractor. Action on the part of the Engineer in directing the Contractor s attention to inadequacy of the required devices and services or any action of the City to alleviate the Contractor s inadequacies shall not relieve the Contractor from responsibility for public safety or abrogate the obligation to provide and maintain these devices and services. A pre-job meeting with the assigned Caltrans Representative, Payman Hatam, , is required at least 7 days prior to start of any work under the Caltrans Encroachment Permit. Failure to do so may result in permit revocation with no prejudice. If a time extension for the Caltrans Encroachment Permit is necessary, a request for time extension must be made a minimum of two (2) weeks prior to completion date stated on face of Permit. PAYMENT The Contract lump sum price paid for clearing and grubbing, mobilization and NPDES/SWPPP under the respective bid item unless identified by another bid item within these specifications and shall be considered as full compensation for doing all the work involved in the advance of construction operation not directly attributable to any specific bid BD-3

84 item, and no additional compensation will be allowed therefore. ITEM 2 CALTRANS ENCROACHMENT PERMIT FEE This item shall cover the encroachment permit fee required to obtain the permit for work associated with this project within the Right of way of Caltrans. All coordination, labor, materials, scheduling and other work associated with conforming to the provisions of the encroachment permit shall be distributed into the applicable bid items of this contract and no additional compensation shall be allowed. ITEM 3 TRAFFIC CONTROL Traffic patterns and property access shall be maintained at all times during construction. All traffic control measures shall conform to the latest edition of the California Manual on Uniform Traffic Control. All construction traffic signage used shall be high intensity and shall be maintained in good condition. Traffic control plans will be provided to the contractor, but the contractor is required to obtain an encroachment permit from Caltrans prior to starting work. Except for installing, maintaining and removing traffic control devices, any work encroaching within 3 feet of the edge of a traffic lane for areas with a posted speed limit below 45 mph, or 6 feet of the edge of a traffic lane, for areas with a speed limit posted at 45mph or higher, shall require closing of the adjacent traffic lane. Contractor shall notify the Caltrans Representative, and obtain approval of, all traffic control, lane closures or detours, at least seven (7) WORKING DAYS prior to setting up of any traffic control. When the work area encroaches upon a sidewalk, walkway, or crosswalk area, special consideration must be given to pedestrian safety. Protective barricades, fencing, handrails and bridges, together with warning and guidance devices and signs must be utilized so that the passageway for pedestrians, especially blind and other physically handicapped is safe and well defined and shown on the approved Caltrans Encroachment Permit plan. The Contractor shall notify the California Highway Patrol Area Commander at least 72 hours prior to implementing traffic control. Per the Caltrans Encroachment Permit, traffic control measures are authorized between 9:00pm and 5:00am only on Sunday through Thursday, excluding holidays and District 8 Moratorium Holiday Lane Closure restrictions specified in the Encroachment Permit. Pending City approval and Caltrans inspector availability, alternative working hours are between 11:00pm and 7:00am, Friday through Saturday, excluding holidays and Caltrans District 8 Moratorium Holiday Lane Closure restrictions. When a fixed holiday falls on Saturday, the preceding Friday shall be designated as holiday. The contractor shall provide all flagmen, lights, signs, barricades and any other devices necessary to provide for the public safety and convenience. Contractor shall also be responsible for posting any necessary No Parking signs. Under no circumstances shall BD-4

85 the signs be posted on trees or city signposts. All costs associated with the above traffic control requirements shall be included in the unit price bid and no additional payments shall be made for this work. Payment for all items under Traffic Control shall be on a lump sum basis and no additional compensation will be made thereof. ITEM 4 COMPACTION TESTING The Contractor shall be responsible for obtaining services of all required compaction tests performed as specified by these construction standards and/or the project contract documents. If these tests prove that the backfill is not of sufficient compaction, then the Contractor will be required to remove and recompact the backfill per the Greenbook Specifications. All tests results and stamped geotechnical reports shall be presented to the City for project records. Testing shall be per the following table: Material Subgrade Aggregate Bases and Subbases, Imported Borrow Trench Backfill Structure Backfill, Select Backfill Asphalt Concrete Quality Characteristic Maximum Density and Relative Compaction Maximum Density and Relative Compaction Maximum Density and Relative Compaction Maximum Density and Relative Compaction In-Place Density and Relative Compaction (Nuclear) Test Method CT 216/ CT 231 CT 216/ CT 231 CT 216/ CT 231 CT 216/ CT 231 Nuclear CT 375 ASTM D2950 Testing Frequency 1 Min. Test per 5000 SF under traveled way and shoulder. 1 Min. Test per 300 LF under sidewalk Location Random locations as determined by the Engineer in place after compaction. 1 Min. Test per 5000 SF Random locations as determined by the Engineer in place after compaction. 1 Min. Test per 2 vertical lifts every 100 LF along trench alignment 1 Min. Test per 2 vertical lifts 1 per 1000 Tons or Part Thereof; Minimum 1 per day during production/ placement of at least 300 tons per day Random locations as determined by the Engineer in place after compaction. Random locations as determined by the Engineer in place after compaction. Random Locations per CT 375 BD-5

86 Full compensation for compaction testing shall be on a lump sum basis and no additional compensation will be allowed thereof. ITEM 5 CONSTRUCTION STAKING AND MOMUMENT PRESERVATION The Contractor shall be responsible for construction staking and monumentation services per the Standard Specifications and section 3-10 of the special provisions. Full compensation for surveying and construction staking and monument preservation shall be on a lump sum basis and no additional compensation will be allowed thereof. ITEM 6 ADJUST EXISTING MANHOLE TO FINISHED SURFACE Adjust Manhole to Finished Surface shall include the adjustment of the existing manhole covers to grade in accordance with Section 403, Manhole Adjustment and Reconstruction of the Standard Specifications for Public Works Construction, and City of Norco Standard Drawing Number 535. Prior to the start of work, the Contractor shall locate and mark all utility manholes, frames and covers and adjust to final grade. A representative of the appropriate utility agency shall approve the procedure for adjusting covers to grade prior to any work being started in the field. The Contractor shall be responsible for or work in conjunction with the utility companies to lower/raise and/or readjust all other existing manholes during paving operations to finished grade as shown on the plans, as directed by the Engineer and in accordance with 403 of the Standard Specifications. The finished grade of the manholes and all associated paving around the manholes shall be flush with the finished surface within a 3/8 tolerance. The contractor shall be required to adjust any manhole found not in conformance with these requirements, as determined by the Engineer, at their sole expense. Payment shall be made at the unit bid price in accordance with Section 403-5, Payment of the Standard Specifications. Payment for all removals, excavation, materials, equipment and labor required to adjust the valve cans, water meter, manhole frame and covers to grade shall be included in the unit bid price and no additional compensation will be allowed therefore. ITEM 7 2 COLD MILL A.C. PAVEMENT The work included in this Bid item shall consist of all the work described in Section 404, Cold Milling of the Standard Specifications. BD-6

87 Cold planning machine shall be self-propelled and be specially designed and built for grinding flexible pavements. It shall plane without tearing or gouging the underlying surface and blade removals into windrows. The machine shall consist of a 72 minimum width-cutting drum with carbide tip teeth. Drum lacing patterns shall permit grooved or smooth surface finish as selected by the Engineer and the drum shall be totally enclosed in a shroud to prevent discharge of any loosened material into adjacent work areas. The machine shall be adjustable as to crown and depth by tilting the drum axis. A dust suppression system with 700-gallon minimum water storage tanks and two high-pressure spray bars with spiral nozzles shall be standard equipment. The equipment shall be demonstrated to have been operating successfully on similar work completed prior to the award of this contract. The equipment shall meet or exceed the standards set by the Air Quality Act of 1969 for noise and air pollution. Loosened material shall be removed so that no aggregate remains on the project, and on parkway and side streets, at the end of each workday. In the event of inclement weather where rain has been forecasted within 24 hours, the CONTRACTOR will insure that all loosened material has been removed from the street surface, parkway, and side streets and that no debris will be discharged with storm run-off into the storm drain system. Loaders and trucks of approved sized, type and number suitable for hauling materials shall be provided. The CONTRACTOR shall provide adequate protection to trees, curbs, gutters, and other adjoining structures to ensure against damage from planning operations. Payment for this item shall be measured and paid for on a square footage basis, and shall include all work called for in these special provisions and as directed by the Engineer and no additional compensation will be allowed therefore. ITEM 8 CONSTRUCT 2 A.C. PAVEMENT Work under this item shall include the labor, materials and equipment necessary construct 2 AC pavement compacted to 95% relative compaction per the project plans. This bid item shall include all labor and materials required to construct pavement thickness shown in plans and adjustment of water valve and gas valve slip cans to finished surface. General: All asphalt concrete shall conform to Section 39 of the Caltrans Standard Specifications as modified herein, and to the lines and grades indicated in the project plans. The contractor shall furnish to the City reports from the supplier certifying that the asphalt pavement materials and proportions comply with the designated classifications for asphalt BD-7

88 concrete pavement as required herein, or as directed by the Engineer. Prime Coat will not be required on this project. Tack Coat shall be required and uniformly applied to existing hard-surfaced pavement including the vertical portions of all A.C. and P.C.C. surfaces to be joined. The asphalt concrete pavement shall conform to the following specifications: Replace the row for Moisture susceptibility (min, psi, dry strength) in the table in item 3 in the list in the paragraph of section A(4)(e) with: For RAP Substitution greater than 15% AASHTO T 283 Moisture susceptibility (max, psi, dry 300 e strength) Add a footnote to the table in item 3 in the list of the paragraph of section A(4)(e): e Not required for the following areas in District 8: 1. Riverside County: route 10, post mile to ; route 111, post mile 0.00 to San Bernardino County: route 15, post mile to ; route 40; route 58; route 138, post mile 0.00 to 15.20; route 395 Replace the row for Moisture susceptibility (min, psi, wet strength) in the table in item 3 in the list in the paragraph of section A(4)(e) with: Moisture susceptibility (min, tensile AASHTO T strength ratio) Replace the row for Moisture susceptibility, dry strength (min, psi) in the 1st paragraph of section B(2) with: For RAP Substitution greater than 15% moisture susceptibility (max, psi, dry strength) AASHTO T 283 c 300 e Add a footnote to the table in the 1st paragraph of section B(2): e Not required for the following areas in District 8: 1. Riverside County: route 10, post mile to ; route 111, post mile 0.00 to San Bernardino County: route 15, post mile to ; route 40; route 58; route 138, post mile 0.00 to 15.20; route 395 BD-8

89 Replace the row for Moisture susceptibility, wet strength (min, psi) in the table in the 1st paragraph of section B(2) with: Moisture susceptibility (min, tensile AASHTO T 283 c 70 strength ratio) Replace the 3rd and 4th paragraphs of section B(2) with: For RAP substitution of 15 percent or less, the grade of the virgin binder must be the specified grade of asphalt binder for Type A HMA. For RAP substitution greater than 15 percent and not exceeding 25 percent, the grade of the virgin binder must be the specified grade of asphalt binder for Type A HMA with the upper and lower temperature classification reduced by 6 degrees C. Replace Reserved in section B(3) with: The grade of asphalt binder for Type A HMA must be _PG M. For Type A HMA using RAP substitution of greater than 15 percent of the aggregate blend, the virgin binder grade must comply with the PG binder grade specified above with 6 degrees C reduction in the upper and lower temperature classification. For Type A HMA using RAP substitution of 15 percent or less of the aggregate blend, the grade of the virgin binder must comply with the PG binder grade specified above. Replace the 2nd sentence in the 2nd paragraph of section B(11) with: For RAP substitution of 15 percent or less, RAP must be within ±3 of RAP percentage shown in your Contractor Job Mix Formula Proposal form without exceeding 15 percent. For RAP substitution of greater than 15 percent, RAP must be within ±3 of RAP percentage shown in your Contractor Job Mix Formula Proposal form without exceeding 25 percent. Unless approved by the City Engineer, the Contractor will not be allowed to deposit the A.C. material from bottom dump trucks into a windrow then pick up said material and convey it into the paving machine by an elevating device. All areas shall be paved by depositing the A.C. material from delivery trucks directly into the paving machine hopper. If approval for the bottom dump operation is given, the Contractor shall furnish a rubber tired skip loader for distribution of any misplaced material. Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint. Rubber tire roller shall be used on any leveling course. Joint lines between successive runs shall be on lane lines. Measurement and Payment: BD-9

90 This Bid Item shall include the adjustment of water and gas slip can covers to grade Prior to the start of work, the Contractor shall locate and mark all slip can covers and adjust to final grade. A representative of the appropriate utility agency shall approve the procedure for adjusting covers to grade prior to any work being started in the field. The Contractor shall be responsible for or work in conjunction with the utility companies to lower/raise and/or readjust all other existing valves during paving operations to finished grade as shown on the plans, as directed by the Engineer and in accordance with of the Standard Specifications. The finished grade of the valves and all associated paving around the valves shall be flush with the finished surface within a 3/8 tolerance. The contractor shall be required to adjust any valve found not in conformance with these requirements, as determined by the Engineer, at their sole expense. Asphalt concrete pavement shall be measured and paid for on a ton basis shall include full compensation for furnishing all materials, labor, tools, equipment, transportation and incidentals required to construct the pavement in accordance with the plans, these Special Provisions and the Standard Specifications and no additional compensation will be allowed therefore. ITEM 9 THERMOPLASTIC STRIPING, MARKINGS, LEGENDS, AND CURB PAINT 10-1 TRAFFIC STRIPING AND SIGNING General. This work shall consist of installing and removing pavement striping, legends, markers and signage as shown on the plans and as directed by the Engineer. All work shall conform to the California Department of Transportation (Caltrans) Standard Specifications and Standard Plans, latest edition, and the California Manual of Uniform Traffic Control Devices (MUTCD), and all current supplements thereto, insofar as the same may apply and in accordance with these Special Provisions Material. All traffic control devices, pavement markers, signs, stripes and pavement markings material shall conform to Sections 81, 82, and 84 of the Caltrans Standard Specifications and these Special Provisions Construction. All pavement striping, legends, markers and signing shall conform to the size, dimensions and layouts as designated in the Caltrans Standard Plans and California MUTCD Signs and Markers. Roadside signs and markers shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the provisions in Section 82, Signs and Makers, Sign Panels, and Roadside Signs, of the State Specifications and these special provisions. BD-10

91 Two way blue pavement markers shall be installed for all fire hydrants. Hot-melt bituminous adhesive shall be used for the installation of all pavement markers, in accordance with Section 81 of the State Standards and the manufacturer's recommendations. Reflective pavement markers provided under these Special Provisions shall conform to the following types: Type C, 2-Way Red-Clear Reflective Markers shall be Model 290-WR as manufactured by 3M Company or approved equal. Type D, 2-Way Yellow Reflective Markers shall be Model 291-2Y as manufactured by 3M Company or approved equal. Type G, 1-Way Clear Reflective Markers shall be Model 290-W as manufactured by 3M Company or approved equal. Blue 2-Way Blue Reflective Markers shall be Model 295-2B as manufactured by 3M Company or approved equal. Replace the 2nd paragraph of section A with: Roadside signs include ground-mounted signs and Type N (CA), Type P (CA), and Type R (CA) marker panels. Add to section B: ground-mounted sign: Roadside sign or signs with a wide-flange metal post. Add to section B: A mounting for a ground-mounted sign must be a wide-flange metal post fabricated from structural steel complying with ASTM A36/A36M. Nuts, bolts, and washers for the breakaway connections of a wide-flange steel post must comply with ASTM A Markings. Traffic markings shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the provisions in Section 84, Markings, Traffic Stripes and Pavement Markings, Contrast Treatment, and Existing Markings, of the State Specifications and these special provisions. The Contractor shall cat tract all striping, marker and legend layouts for the approval of the Engineer, prior to placement of any striping. Two coats shall be required on all painted stripes and pavement legends, with a minimum of 72 hours between coats. All lines shall be clean and sharp as to dimensions. Ragged ends of segments, fogginess along the sides or objectionable dribbling along the unpainted portions of the stripe shall be BD-11

92 painted out with black paint to the satisfaction of the Engineer. The Contractor shall take all reasonable precautions to protect the paint during drying time and shall be required to paint out all objectionable tracking. No work shall be done when weather conditions restrict visibility to less than one mile or causes the pavement to be damp, or when designated by the Engineer. The Contractor shall repaint the traffic striping or legends damaged during the manhole and valve adjustments as well as damage caused by the installation of traffic loop detection. Contractor shall furnish and install raised pavement markings no sooner than 7 calendar days, nor later than 15 calendar days following traffic striping pursuant to the striping plans. Paint and application methods shall comply with the current Rule 1113 of the South Coast Air Quality Management District. The Contractor shall provide the stencil and construct per State of California Standard Plans, latest Edition. Paint removals shall be performed by wet sandblasting technique, meeting the latest requirements and restrictions of the State Pollution Control Agency. The Contractor shall be responsible for the immediate removal of sandblasting materials by vacuum or mechanical street sweeping devices. No "Blacking Out" or temporary covering will be allowed. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint shall be done only with prior approval of the Engineer and shall be only a temporary measure, requiring later removal as specified. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue, including dust, shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by vacuum attachment operating concurrently with the blast cleaning operation, or by other methods approved by the Engineer. Payment for traffic striping and signing shall be at the contract lump sum price and shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all the work involved as specified in these Special Provisions. This item also includes all work involved in the paint removal as specified. Payment includes permanent restriping of the roadway outside of the paving limits to the limit of the temporary striping installed for the traffic control phasing. Payment for the temporary striping for the traffic control phasing shall be included in the bid item for traffic control. ITEM 10 & 11 TRAFFIC SIGNAL LOOP DETECTORS & HIGH SENSITIVE DETECTOR BD-12

93 SENSOR All work and materials shall conform to the requirements of the Standard Specifications for Public Works construction, Latest Edition, Section 307, Street Lighting & Traffic Signals, Section 209 Electrical, and Section 306, Underground Conduit Construction. Detectors shall conform to the provisions in Section 86-5, "Detectors," of the CALTRANS Standard Specifications and these technical provisions. Loop detector lead-in shall be Type E. Loop detector located on crosswalk/limit line or within bike lane/route shall be per Caltrans Standard Plan ES-5B, Type D. All other loop detectors shall be per Caltrans Standard Plan ES-5B, Type E Loop Detector Configuration 6 diameter round. Round loops shall conform to the following: CONTRACTORS to core drill a round traffic loop to be six (6) feet in diameter x one half (0.500) of an inch in width x three (3) inches in depth. Sawcut to the appropriate pull box. Sawcut to be inches x 3.5 inches in depth. Loop wire shall be type I. Conductors for each inductive loop detector shall be continuous and unspliced from the pull box adjacent to the loop to the field terminals in the cabinet. PVC conduit per Caltrans Standard Plan ES-5D, Curb Termination Detail Type B, shall be installed wherever a loop wire sawcut crosses an expansion joint or pavement type change. Loops shall be installed on the same day as which the loop slots are cut. This shall include placement of the loop conductors and sealant. Loops shall be sealed with a hot melt rubberized sealant. For circular loops a pre-formed loop wire will be stacked in the cuts and secured from floating. Also included in this bid item is the installation of new DLC and one new loop detector card per phase for which loops are being replaced. CONTRACTOR shall install DLC and loop detector cards in existing conduit and equipment so as to provide a separate detection channel per phase for Type D loops. Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface. Slots shall be filled with elastomeric sealant or asphaltic emulsion sealant. Slots in asphalt concrete shall be filled with asphaltic concrete sealant as follows: After conductors are installed in the slots cut in the pavement, paint binder shall be applied to all vertical surfaces of slots in accordance with the provisions in Section , Prime Coat and Paint Binder of the CALTRANS Standard Specifications. BD-13

94 Temperature of sealant material during installation shall be above 70 F. Sealant placed in the slots shall be completed by use of an 8-inch diameter by 1/8-inch thick steel hand roller or other tool approved by the Engineer. Compacted conductor coverage shall be 1-inch. Excess sealant remaining after rolling shall not be reused. On completion of rolling, traffic shall be permitted to travel over the sealant. The CONTRACTOR shall test the detectors with a motor-drive cycle, as defined in the California Vehicle Code that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components, or vehicles designed to activate the detector will not be permitted. The CONTRACTOR shall provide an operator who shall drive the motor-driven cycle through the response or detection area of the detector at not less than 3 miles per hour nor more than 7 miles per hour. The detector shall provide an indication in response to this test. CONTRACTOR shall test all existing loop detectors shown on the plans to remain in place prior to cutting new loops to ensure proper operation. Should any loop detector tested fail to operate properly, the Engineer shall be notified so that direction may be given as to the disposition of the failed loops. When one DLC is connected to two type D and two type A/E detectors, a Caltrans approved high sensitive detector sensor shall be installed at the controller cabinet. Measurement and payment for the inductive loops, replacement of loop detectors and detector lead-in cable plus card included and shall be considered per each. All the requirements stated above shall be included in the unit price bid per each and no additional compensation shall be made thereof.. BD-14

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105 CALTRANS ENCROACHMENT PERMIT N-MC-1280

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