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C09-02 - TBU - NORTH SEWER REHABILITATION PHASE IVSPECIFICATIONS and CONTRACT DOCUMENTS for NORTH SEWER REHABILITATION Phase IV January, 2009 fiv-c- February I0`", 2009 Subject: Bid Opening North Sewer Rehabilitation Phase IV The bid opening for the North Sewer Rehabilitation Phase IV project on February 12, 2009 has been cancelled. The bid opening has been re- scheduled for February 19, 2009 at 11:00 am in room # 2. If you have any questions regarding the bid opening please feel free to call Beaumont City Hall. Thank you, City of Beaumont DATE: FEBRUARY 3, 2009 e) PROJECT: NORTH SEWER REHABILITATION Phase IV SUBJECT: ADDENDUM NO. 1 PART ONE: Answers to written questions 1. Question (Q): In regards to traffic control, can any of the streets where work will take place be shut down or must they be left open to through traffic with proper traffic control in place? Answer (A): Street must be left open to through traffic with proper traffic control in place. 2. Q: In response to section 22 of the standard specifications, , is the contractor responsible for placing base and permanent pavement or temporary asphalt on the trench zones that are in the street? A: Contractor is required to place twelve -inch (12 ") of Class Il Aggregate Base (not CMB) on the top layer and cold mix asphalt. Compaction requirement is 90 %. 3. Q: After connecting the house to the new sewer lateral, are there any existing septic systems and if so, will Contractor be responsible for abandoning them? A: There are no existing septic systems under this project. 4. Q: Who is responsible in the event that an unmarked utility is hit or damaged? A: Contractor must call Dig -Alert and mark existing utilities. PART TWO: City Clarification 5. Attention is directed to Section 11 "Payment for Extra Work" of Specs & Contracts Page 26 of 35. The section title is hereby revised to "EXTRA WORK BY FORCE ACCOUNT OR SPECIAL FORCES." The following paragraph is hereby added as second paragraph. "This paragraph replaces Section 9 -1.03B "'Work Performed by Special Forces or Other Special Forces." If Owner decides to use special forces for items not covered in Contractor's original scope of works, Contractor is required to coordinate with special Addendum No. 1 North Sewer Rehabilitation Phase IV Page 1 of 2 forces to avoid delays. If special forces works directly caused delays on the part of Contractor, additional work days will be granted and no additional compensation will be allowed. Under this subsection of these Special Provisions, no Contractor mark up will be allowed." 6. The last day for submission of questions is February 9, 2009 at 5:00 PM. END Addendum No. 1 North Sewer Rehabilitation Phase IV Page 2 of 2 TABLE OF CONTENTS PAGE Notice Inviting Bids 2 Instruction to Bidders 3 -7 Contractor's Proposal 8 -11 Non - Collusion Affidavit 12-13 Bid Bond 14 Agreement 15-17 Performance Bond 18 Payment Bond 19 General Conditions 20 -35 Definitions 1 Standard Specifications 1 Director of Transportation 2 Site Inspection 3 Protection of Premises 4 Change Orders 5 Substitution of Equals 6 Final Inspection - Notice of Completion 7 Termination of Contracts 7 Payments and Monthly Estimates 8 Force Account Payment 9 Final Payment 9 Damages 10 Documents of Contractor 10 Responsibility of Contractor in Emergency 11 Labor Code 11 Obstructions 12 Insurance - Hold Harmless 12 Equal Employment Opportunity 14 Deposit of Securities 16 Assignment of Claims 16 Claims Resolution 17 Dust Abatement & Water Pollution Control 18 Special Provisions SP 1- 8 Specs & Contracts Page 1 of 35 NOTICE INVITING BIDS City of Beaumont, herein called Owner, invites sealed proposals for: SEWER REHABILITATION PROJECTS PHASE FOUR CITY OF BEAUMONT PROJECT NO. 08- 11172 -B Proposal shall be delivered to the Public Works Department, 550 E Sixth Street, Beaumont, CA 92223, telephone (951) 769 -8520 not later than 11:00 AM., on Thursday, February 12, 2009 to be promptly opened in public at said address. Each proposal shall be in accordance with Approved Plan File No. 1830 Specifications and Contract Documents dated January, 2009 prepared by City of Beaumont, whose address is same as the above, from whom they may be obtained upon deposit of $125.00 per set. No refund. Prospective bidders may preview the plans, specifications and other contract documents, at no charge prior to purchase, at the above noted location. The Contractor is required to have a Class "A" license at the time of bid submission. Dated: January 13, 2009 City Clerk Deputy Specs & Contracts Page 2 of 35 INSTRUCTIONS TO BIDDERS Form of Proposal. The proposal must be made on the form of Contractor's Proposal which is included in the Contract Documents and must be completely filled in, dated and signed. If provision is made for alternates, they must all be bid, unless otherwise provided in the Special Provisions. 2. Bid Bond. The proposal must be accompanied by a 10% Bid Bond, using the form provided in the Contract Documents, or by a certified or cashier's check payable to the order of City of Beaumont in an amount not less than 10% of the amount bid, inclusive of alternates. 3. Submission of Proposal. A proposal must be submitted in a sealed opaque envelope which clearly identifies the bidder and the project. Bids must be received by the time and at the place set forth in the Notice Inviting Bids and may be withdrawn only as stated in the proposal. Bids shall be completed in ink. 4. Contract Documents. The complete Contract Documents are identified in the Agreement. Potential bidders are cautioned that the successful bidder incurs duties and obligations under all of the Contract Documents and that they should not merely examine the Plans and Specifications in making their bid. 5. License. To be considered for award of the contract, a potential bidder must have the kind of license required under provisions of the California Business and Professions Code for the work covered in this proposal. This includes joint ventures. Each item of work will be performed by a contractor which is qualified and properly licensed for that work. 6. Quantities. The amount of work to be done or materials to be furnished under the Contract as shown in the Contractor's Proposal are but estimates and are not to be taken as an expressed or an implied statement that the actual amount of work or materials will correspond to the estimate. City reserves the right to increase or decrease or to entirely eliminate certain items from the work or materials to be furnished if such action is found to be desirable or expedient. Contractor is cautioned against the unbalancing of his bid by prorating his overhead only into one or two items when there are a number of items listed in the schedule. 7. Interpretation of Documents. Discrepancies, omissions, ambiguities, requirements likely to cause disputes between trades and similar matter shall be promptly brought to the attention of the City, attention Director of Public Works. When appropriate, Addenda will be issued by City. No communication by anyone as to such matters except by an Addendum affects the meaning or requirements of the Contract Documents. Specs & Contracts Sewer Rehab Ph - IV Page 3 of 35 8. ADDENDA. City reserves the right to issue Addenda to the Contract Documents at anytime prior to the time set to open bids. Each potential bidder shall leave with the City Public Works Department his name and address for the purpose of receiving Addenda to be mailed or delivered to such names at such addresses. To be considered, a Contractor's Proposal must list and take into account all issued Addenda. 9. Inspection of Site. Bidders must examine the site and acquaint themselves with all conditions affecting the work. By making his bid, a bidder warrants that he has made such site examination as he deems necessary as to the condition of the site, its accessibility for materials, workmen and utilities and ability to protect existing surface and subsurface improvements. No claim for allowances - time or money - will be allowed as to such matters. 10. Bonds. The City requires a 100% Payment Bond and 100% Performance Bond from the successful bidder. All Bonds must be on City's forms contained in the Contract Documents. The bonds must be underwritten by a Surety Company, which is admitted to transact the business of insurance in the State of California, and which carries a rating in the current issue of Best's Insurance Guide of "A" or better with a financial size of at least "VIII ". The bond forms included in the project documents shall be used. All signatures on the bonds shall be notarized. Bonds shall be provided with an executed Power of Attorney issued by the surety. 11. Bids. Bids are required for the entire work, including all alternate bid schedules, if applicable, unless otherwise explicitly allowed in the bid documents. The amount of the bid for comparison purposes will be the total of all items. The total of unit basis items will be determined by extension of the item price bid on the basis of the estimated quantity set forth for the item. The bidder shall set forth for each item of work in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity for the item. In case of discrepancy between the item price and the total set forth for the item, the item price shall prevail, provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: a. As to lump sum items, the amount set forth in the "Total" column shall be the item price. b. As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. The bidder is advised that the items of work may be grouped into bid schedules, and that certain bid items may be listed in more than one bid schedule, and with different bid item numbers, and the following shall apply thereto: The bidder is directed to submit the same bid amount for all contract bid items that are listed with the same item code and item description. Said bid items are referred to herein as "Like Bid Items ". Specs & Contracts Sewer Rehab Ph - IV Page 4 of 35 "Like Bid Items" shall be considered a single bid item for purposes of calculating increased and decreased quantities, and as otherwise applicable in Section 4 -1.03, "Changes" of the Standard Specifications. The following are not subject to this bidding requirement: 1. Bid items with the same item code but different item descriptions. 2. Bid items that are measured as "lump sum" or "force account ". 3. Alternate bid schedules. In the event that a bidder submits different unit bid amounts for "Like Bid Items ", as described above, the bid will be corrected by applying the lowest of the unit bid amounts to all the respective "Like Bid Items ". No bidder may withdraw his bid for a period of ninety (90) days after the bid opening. 12. Award of Contract. The City reserves the right to reject all bids received. Acceptance by the governing body of the City by resolution or minute order at a meeting regularly called and held of a Contractor's Proposal constitutes an award of the contract and the execution of the Agreement is a written memorial thereof The City o Beaumont will submit the contract documents to the low responsive and responsible bidder for execution prior to award utilizing the following procedures and requirements: a. A bidder whose proposal is accepted shall execute the formal construction agreement with the City of Beaumont, similar to the form attached hereto as a sample, and shall return said agreement, together with approved performance and payment bonds and with complete evidence of insurance as required elsewhere herein, including executed additional insured endorsements and waivers of subrogation, within ten (10) working days from the date of the Notice of Acceptance of Proposal and Intent to Award as issued by the Public Works Department. All submittals shall meet the requirements of the bid documents. Corrections, if required, shall be made and the revised documents shall be resubmitted within two (2) working days of Contractor's receipt of review comments. b. The contract bonds and insurance documentation shall be submitted in accordance with the contract requirements prior to submission to Beaumont City Council for award by the Public Works Department, and prior to the performance of any work under the contract. C. If a Bidder to whom a Notice of Acceptance of Proposal and Intent to Award has been issued, fails or refuses to sign a construction agreement, or to furnish the bonds or insurance certificates and endorsements as required within the prescribed period of time as described above, the City of Beaumont may, at its sole discretion, rescind the Notice of Acceptance, and the bid guarantee submitted by that Contractor shall become the property of the City of Beaumont as prescribed in the bid documents and as allowed by law. Specs & Contracts Sewer Rehab Ph - IV Page 5 of 35 d. If it is in the best interest of the City of Beaumont, the City reserves the right to award the contract prior to execution by the Contractor. Thereafter, City shall mail or deliver to the lowest responsible bidder the agreement for Contractor's execution and return. 13. Return of Guarantee. Bid bonds will not be returned unless specifically requested by the bidder. Any submitted negotiable securities of unsuccessful bidders will be returned by mail within 30 days of the award of a contract to the successful bidder. Any submitted negotiable security of the successful bidder will be returned by mail within 30 days of receipt by the City of executed contract, certificate of insurance, performance bond and payment bond. 14. Subletting and Subcontracting. Bidders are required pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contracts Code) 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 specifically 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 % 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 City's intent for the Subletting and Subcontracting Fair Practice Act to apply to all phases of the work. 15. Qualifications of Bidders. No award will be made to any bidder who cannot give satisfactory assurance to the City Council as to his own ability to carry out the contract, both from his financial standing and by reason of his previous experience as a Contractor on work of the nature contemplated in the contract. The bidder may be required to submit his record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of bid. 16. Contract Participation The City encourages general and prime Contractors to afford competitive subcontracting opportunities to minority, women and disabled veteran firms where possible, in their contracting and procurement activities with the City of Beaumont. 17. Hours of Work. Attention is directed to Section 8- 1.06, "Time of Completion" and Section 7 -1.O1A (1), "Hours of Labor" of the Standard Specifications. Daily working hours shall be between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, except legal holidays, as approved by the Engineer. Exceptions and specific work schedules shall be submitted to the Engineer for consideration. 18. Labor Code. Pursuant to the Labor Code, the governing board of the Owner has obtained from the Director of the Department of Industrial Relations, State of California, his determinations of general prevailing rates of per diem wages applicable to the work, and for holiday, and overtime work, including employer payments for health and welfare, pensions, vacation and similar purpose, as set forth on schedule which is on file at the principal office of the Owner, and which will be made available to any interested person upon request. 19. Alternate Bid Schedules. If the Proposal includes bid items listed under a Base Bid Schedule and one or more Alternate Bid Schedules, the following shall apply: The City may award only the items of work listed on the Base Bid Schedule, or may choose to award some or all of the Alternate Bid Schedules in addition to the Base Bid Schedule. Unless otherwise specified, the basis of the selection of the lowest bid shall be the lowest responsive and responsible bid for the sum of all Bid Schedules. Specs & Contracts Sewer Rehab Ph - IV Page 6 of 35 If the Proposal includes bid items listed under two or more Alternate Bid Schedules with no Base Bid Schedule, the following shall apply: This project contains Alternate Bid Schedules that may or may not be mutually exclusive, as described elsewhere in the bid documents. The City may award the items of work listed on one or more of the Alternate Bid Schedules. In the case of mutually exclusive Alternate Bid Schedules, only one of the Alternate Bid Schedules will be selected for award. Unless otherwise specified, the basis of the selection of the lowest bid shall be the lowest responsive and responsible bid for the sum of all Bid Schedules. The City also reserves the right to reject all bids received. 20. Dust Abatement. Attention is directed to Section 23, "Dust Abatement" with regard to the dust abatement provisions of the contract. 21. Submission of Insurance Certificate. Within ten (10) working days of the date of the Notice of Acceptance of Proposal and Intent to Award issued by the City of Beaumont, the successful Contractor shall submit a certificate of insurance, including required endorsements, which provides evidence that the bidding Contractor has insurance coverage that meets the requirements of Section 18 of the General Conditions. Failure to have complete insurance coverage in place and to provide all required certificates and endorsements within the specified ten (10) working days period will be grounds for declaring the bidder to not be in compliance with the bid documents, rescinding the Notice of Acceptance, making a claim against the bid bond, and awarding to the second low bidder, at the sole discretion of the City. 22. PRE BID CONFERENCE - A mandatory pre -bid meeting will be held on Tuesday, February 3, 2009 at 11:00 AM. All parties submitting bid are required to attend. The meeting will be held at Beaumont Civic Center 550 E. Sixth Street, Beaumont, CA 92233 23. All bidder inquiries shall be made in writing and sent by facsimile to the City of Beaumont, to the attention of Ponce Yambot at (951) 769 - 6622. All inquiries shall have reference to the specific section of the specifications and /or drawing number. Specs & Contracts Sewer Rehab Ph - IV Page 7 of 35 TO: CITY OF BEAUMONT hereafter called "City ": BIDDER: (hereafter called "Contra CONTRACTOR'S PROPOSAL C. DATE: l- Jc13.) 212noq THE UNDERSIGNED, Contractor, having carefully examined the site and the Contract Documents for the construction of North Sewer Rehabilitation Project Phase Four hereb proposes to construct the work in accordance with the Contract Documents, including Addenda Nos._ y i for the amount stated in this Proposal. By submitting this Proposal, Contractor agrees with City: 1. That unless withdrawn in person by Contractor or some person authorized in writing by Contractor not by telephone or telegram before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 90 calendar days after that date. 2. City has the right to reject any or all Proposals and to waive any informality contained in a Proposal. To execute the Agreement and deliver the Faithful Performance Bond, Payment Bond and Insurance Certificate with endorsements, which comply with the requirements set forth in the Instructions to Bidders and General Conditions, within ten (10) working days of the date of the Notice of Acceptance of Proposal and Intent to Award as issued by the City of Beaumont. 4. That the contract shall be awarded upon a resolution or minute order to that effect duly adopted by the governing body of City; and that execution of the Contract Documents shall constitute a written memorial thereof. To submit to City such information as City may require to determine whether a particular Proposal is the lowest responsible bid submitted. 6. That the accompanying certified or cashier's check or Bid Bond is in an amount not less than 10% of the total bid submitted and constitutes a guarantee that if awarded the contract, Contractor will execute the Agreement and deliver the required bonds within ten (10) days after notice of award. If Contractor fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to City, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which it costs City to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and cost of maintaining or constructing alternate facilities occasioned by the failure to execute and deliver said documents. 7. By signing this proposal the Contractor certifies that the representations made therein are made under penalty of perjury. Specs & Contracts Sewer Rehab Ph - IV Page 8 of 35 C ity of Beaumont 550 E 6r1i So er h'P[711mmir, CA 92223 (957) 7694520 FAX (957) 769 -5526 Email: ityh�111 @ci.bf��lunlollr.a1.11� WWW.C1.17f,111111o11r.C[1.11S DATE: FEBRUARY 3, 2009 PROJECT: NORTH SEWER REHABILITATION Phase IV SUBJECT: ADDENDUM NO. 1 PART ONE: Answers to written questions 1. Question (Q): In regards to traffic control, can any of the streets where work will take place be shut down or must they be left open to through traffic with proper traffic control in place? Answer (A): Street must be left open to through traffic with proper traffic control in place. 2. Q: In response to section 22 of the standard specifications, is the contractor responsible for placing base and permanent pavement or temporary asphalt on the trench zones that are in the street? A: Contractor is required to place twelve -inch (12 ") of Class II Aggregate Base (not CMB) on the top layer and cold mix asphalt. Compaction requirement is 90 %. 3. Q: After connecting the house to the new sewer lateral, are there any existing septic systems and if so, will Contractor be responsible for abandoning them? A: There are no existing septic systems under this project. 4. Q: Who is responsible in the event that an unmarked utility is hit or damaged? A: Contractor must call Dig -Alert and mark existing utilities. PART TWO: City Clarification 5. Attention is directed to Section 11 "Payment for Extra Work" of Specs & Contracts Page 26 of 35. The section title is hereby revised to "EXTRA WORK BY FORCE ACCOUNT OR SPECIAL FORCES." The following paragraph is hereby added as second paragraph. "This paragraph replaces Section 9 -1.03B "Work Performed by Special Forces or Other Special Forces." If Owner decides to use special forces for items not covered in Contractor's original scope of works, Contractor is required to coordinate with special Addendum No.1 North Sewer Rehabilitation Phase IV Page 1 of 2 forces to avoid delays. If special forces works directly caused delays on the part of Contractor, additional work days will be granted and no additional compensation will be allowed. Under this subsection of these Special Provisions, no Contractor mark up will be allowed." 6. The last day for submission of questions is February 9, 2009 at 5:00 PM. END Addendum No.1 North Sewer Rehabilitation Phase IV Page 2 of 2 I cu I � LIZ) I J. d u r-\ n t-N 1 4 [-vA--) I �, �, I I T U - D r- rA _ i ') I /b.1bbZZ p February- 12, 2009 by Of Bea it r�iait� iio E. brii �,rccr Em,111, FAX TRANSMISSION To: ALL NORTH SEWER RE-HABILITATION Phase IV Bidders (See List) From: Deepak Mooriani, P.E. City Engineer Project: NORTH SEWER REHABILITATION Phase IV Subject: ADDENDUM ISO. 2 Herewith transmitted is Addendum No. 2 for the above project. Total of 7 t, _paaes. ree 13 UU 1U'Z,�a UHHAN LUDIC / Gil Y OF LEA 9'.;17696627_ p,3 City of Beer 57o E 0"11 Slttf r fJc(i1i111oi11. (.A `-) ) 7b`,- 1'Sii1 FAQ' (;171 ? 76? -Sj � EJJ1U ?%: (- iIb' it (1111�C;.!'c'�7 ?f11J0i1T,[�Lli� DATE: FEBRUARY 12, 2009 PROJECT: NORTH SEWER REHABILITATION Phase IV SUBJECT: ADDENDUM NO. 2 PART ONE: Answers to written questions 1. Question (Q): At the prebid meeting, we were instructed that PVC sewer main trench was to receive 12" of base and 2" hot or cold mix AC. In the Special Provisions Page 5 of 8 under install PVC sewer main it reads " three inch cold mix patch will be allowed along the trench, the top 12 inches of dirt cover shall be compacted to a min-imum 9C% relative compaction." Which should be used? A: Please refer to Addendum 1 Part One No. 2 Q &A . This applies to both sewer main and lateral installation. 2. Q: We are requesting info on existing utilities in the city street and right of way. We need to know what existing utilities are present prior to awarding of project for bid purposes. A: Bidders must assume that all typical underground utilities are present and consider in their bids. 3. Q: When crossing a tree in private yard. do we need an arhorist to determine how to proceed or remove tree and replace'? A: Do not remove tree unless necessary. Removal must be per agreement with homeowner and must be approved by the City Engineer. If Contractor does remove/replace tree and/or other improvements, no additional payment or extra work- will be allowed for such. Bidder must include removal and replacement costs in their bid prices. 4. Q: 1) Do we put unit price on different concrete finishes and replacements? 2) If we cut through driveway and homeowner does not like replacement, do we have to replace entire driveway? A1: Please see Q &A No.3 above. A2: Contractor must work with homeowners regarding -this matter. S. Q: If no access to backyard, are we required to hand dig? A: Yes as necessary. In addition, please see INSTALL SEWER LATERAL "Method of Construction" of the Special Provisions Page 5 of S. b. Q: What is the size of the proposed and existing residential sewer laterals 4" or fi" required from the mainline to the POC/PL? A: Please refer to INSTALL SEWER LATERAL of the Special Provisions Page 5 of 8_ Addendum No. 2 North Sewer Rehabilitation Phase IV Page 1 of 2 �-j L _..4d DL,V ," PART TWO: City Clarification 7. Attention is directed to Section 23 "DUST ABATEMENT AND WATER POLLUTION CONTROL" Page 33 of 35 of Specs and Contracts. Please add the following provision "Contractor shall provide mechanical sweeper as daily swooping is required." 8. Attention is directed to "TESTING" Page 8 of 8 of Special Provisions. This is amended to include video testing. 9. Additional information and items of work that must be included in the bid prices "INSTALL SEWER LATERAL" are the presence of services from other out buildings. Contractor is required to connect all other services to the new lateral to be installed on each property. No separate or additional payment will be allowed. 10. Prior to starting the Work, Contractor shall meet with residents of the community to conduct public relations works (PR works) in coordination with Beaumont Police Dept. and Public Works Department 11. Attached with this transmittal is "FIELD ME- MORANDUNT' dated December 4. 2008. showing condition of on -site existing soils. Please disregard Proposed Structural Section recommendations. 12. Before City's acceptance of work, Contractor shall post a maintenance bond in the amount of $100,000 to cover maintenance of both public and private improvements for one year period. 13. NEW BID SUBMITTAL DA,-,, IS FEBRUARY 19, 2009 at 11:00 AM. END Addendum No. 2 North Sewer Rehabilitation Phase 1V Page 2 of 2 �Jy U:G4a UI -vLVAV LUUIl, U I Y Ur t5LH :1b11b:166_�L p,b DEPARTMENT OF PUBLIC WORKS City of Beaumont GEOTECHNIOU, D117SION Field Memo # GeoFM013 04 December 2008 FIELD MEMORANDUM Project: Sewer & Street Repair IV Subject: Various Street Improvements Attention: Rob Owen This is with reference to the proposed improvement of the following streets: 1. Edgar St.: from 11 "' St. thru the north end 2. Merry Lane: from Edgar St. thru the cul -de -sac 3. 13'J` St.: from Edgar St. thru Beaumont Avenue 4. Avalon St.: from 13'h St. thru the cul -de -sac Existing pavement of the above streets were investigated by potholing. Soil samples were taken to determine the R- values and maximum densities of the existing subgrade. Compaction tests were also performed on each pothole to record the relative compaction and moisture content of the subgrade. Please find the following notes, observations and recommendations: ,4. Edgar Street.• 1. Existing Pavement: - Structural section: 1.5 " -5" thick AC (3" average) over native - Existing AC: Full of cracks and undulations - Existing Base Course: none - Existing Subgrade: Relatively high R- value, poor compaction (74 -88 %), Moisture content range from near to over optimum 2. Proposed Structural Section: - 3 "AC over 6" Pulverized Material - Pulverized Material should have thin. R- Value -80 - subgrade to be compacted to 95% of laboratory maximum density 'J VJ .U.L4a UK�HIV Whip i l,11 Y Ur ntH >Jbl / LL r B Merry Lane. 1. Existing Pavement: - Structural section: 3" thick AC (average) over native - Existing AC: Fairly good condition; few cracks - Existing Base Course.- none - Existing Subgrade: 80 % -83% compaction, Moisture content near opt. 2. Proposed Structural Section: - Grind and pave 0.10' AC, except for the first 20' from Edgar St. x- gutter, which should have 3 "AC over 6'' PM pavement A. 13th Street. 1.. Existing Pavement: - Structural section: 2 " -5" thick AC (3" average) over native - Existing AC: two layers, cracks on several areas - Existing Base Course: none - Existing Subgrade: very low R- value, 82 % -90% compaction, Moisture content range from near to over optimum 2. Proposed Structural Section: - 3 "AC over 7" Pulverized Material - Pulverized Material should have mix. R- Value =80 - subgrade to be compacted to 95% of laboratory maximum density A. Avalon Street.• Existing Pavement: - Structural section: 3" thick AC (average) over native - Existing AC: cracks on several areas - Existing Base Course: none - Existing Subgrade: Relatively high R- value, 82 % -86% compaction, Moisture content range from near to over optimum 2. Proposed Structural Section: - 3 "AC over 6" Pulverized Material - Pulverized Material should have min. R- Value =80 - subgrade to be compacted to 95% of laboratory maximum density Please note that should any of the R -value of the pulverized material be less than 80, aggregate materials should be added to that material to satisfy such requirement in that particular area/street. Except for Merry Lane, it is further recommended that the existing pavement be pulverized to a depth of 10 ", then move aside the upper 8" of the pulverized material to facilitate compaction of subgrade to 95 %. It should be Uy i�.L4U UMI)MIv k,II r yr oc, noted that the remaining 2" of pulverized material will be considered as part of the total base requirement. Excess of such material have to be removed off-site following completion of final grading_ !' Attached herewith are copies of R -value certificates, test reports and calculations of the recommended structural sections. Albert F. Cruz Cc: Ponce Yambot File NORTH SEWER REHABILITATION PHASE IV BIDDERS LIST AMOUNT/ NAME OF CONTRACTOR PHONE NUMBER FA_ X NUMBER_ CONTACT NAME RECEIPT Van Dyke Corp.- 760 -367 -9151 760 -367 -5247 Mat Green $125.001251387 Way Service Inc. - 951- 845 -3233 - 951 - 845 -1736 Steve Martinez $1_2_5- 001251528 R. Moody Construction 951 -769 -3752 951- 849-6253, Ronnie Moody $125.001251483 Pacific Utility 951- 284 -7200 - 951 -284 -7288, - - - -- Brian Mobley -- - - - $125.001251754 TK Construction 909-473 -8739 909 -473 -3067; David King $125.00/ 251762 Genesis Construction 951 - 652 -8977 Ext. 746 951 -052 -0855 David Hi inbotham $125.001252040 BRH Garver West 619 - 265 -0537 Ext 108 619- 265 -8672 Robert Davis 3125.001 252021 DLSB Inc 9094340226 909434 -0228 Brahimir Kovac i S125.001252331 252331 LG Engineering i - 909-7§57-64U--- 09 795 -6413 909 - 795 -8329 Brett Bailey $125.001 252039 RPC Commercial Inc. 951 769 -8709 951- 84_5 -0802 Kelly Rogers $125.00! 252054 TBU Inc. 951 - 769 -47 06 951 - 769 -7137 Charlie Whalen $125.001252638 Cass Construction Inc. 619 - 590_ -0929 619- 590 -1202 Jerry_Gaeir ; $125.001252734 MCC 951- 922 -6947 951- 922 -6976 Kenneth Munoz $125.001252975 Sancon Engineering Inc 714 -894 -2323 714 -891 -2524, Ricardo Ayala $125.001252986 SRD Engineering Inc. 714 -630 -2480 714- 630 -2484 Frank Dudley $125.001252992 James Shirley Construction fnc. 760-228-D447 760- 228 -0129 Jim Shirley $125.001253190 McGraw Hi 11 Construction 626- 932 -0137 626- 932 -0153 Catherine Cardona 125.001253224 —S)25.0-0-1- 2-53-22- ELCO Contractors Inc. 909- 887 -1013 909 - 880 -9091 , John Wiles _ $125.001253280 Sandoval Pipeline Engineering 9-0-9---4--6--3--4-8-8-2------ 09 - 463 4882 909-463-4890 JR $125.001253332 Jones Bro's Const. Co. 760 - 347 -2291 760- 398 -9052 Mike Jones $125.001 253369 Engineered Pipeline Inc — 626-480-86 1 1 _ -- - -- - - 626- 480 -8993 - - -- -- Jeremy Beck - -- - $125.001253556 - -- - -- - _. Southwest Pipeline 310- 329 8717 310 -329 -0981 - Dan Mccoy $125.001253963 KZC Construction Inc. 951- 361 -0300 951 - 360 -0573 Kelly Cornish $125.001252056 Superior Const_ Specialties 909- 389 -4552 909- 3894553 Jim Kirk $125.00! 254018 Weka Inc. 909- 798 -3221 - 909- 793 -6848 -- Jared Himle $125.001254017 Apple Valley Construction 760- 2474810 760- 247 -8684 Jennifer Holbrook $125 - 001254020 Engineering _ - -- —951- 734 -301_0 . Philip Felix $125.00/ 254024 Tiffany Group Inc. 818- 342 -0660 Shawn Aks $-125.001254021 Pacific States Engineeri ng 951- 246 -1405 951 - 246 -1402 Kevin EAis $125 -00! 254016 Nikoia Corporation 949- 752 -1900 Ext 225 949 - 752 - 1910 Johnny Klichan $125- 00/253999 Ken Thompson Inc_ 951- 2842424 I 951 - 2842442: William Hernandez $125.00! 253994 Utah Pacific Constuction 951 -677 -9876 951 - 677 -6742. Brian Keeline $125.00! 254147 Western Water Works 909 -606 -7533 909 -606 -7538 Richard Campbell $125.001254495 SPECIFICATIONS and CONTRACT DOCUMENTS for NORTH SEWER REHABILITATION Phase IV January, 2009 BIDDER DATA: Name of Bidder /- 6- U., lt-,j C Type of Organization Q "etzfAL FM61N r ER.WG CCLja>,ACT0R_ Person(s) Authorized to Sign for Bidder 7-Eb T 6URTVt3, SP, Address ,Z q0 Mko -e AveoIF . SC lTL= \A [,- /EAt.[M CL7;. CA FZZ23 Phone 051) ZO -QW Contractor's LicenseZ Type & Number Expiration Date Tome s 2011 DESIGNATION OF SUBCONTRACTORS: Contractor submits the following complete list of each subcontractor who will perform work or labor or render service in or about the construction in an amount in excess of 1/2 of 1 % of the total bid. ITEM SUBCONTRACTOR ADDRESS LICENSE NO. Percent of work to be performed by sub - contractors: % (Note: 50% of the work required to be performed by general contractor) IN WITNESS WHERE OF Contractor executes this Proposal as of the date set forth on Page 1 of this proposal. . ;_ -f r) "Contractor" Specs & Contracts Sewer Rehab Ph - IV Page 10 of 35 AFFIDAVIT FOR INDIVIDUAL CONTRACTORS declares as follows: That he or she is the party making the foregoing proposal or bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the City of Beaumont or anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare, under penalty of perjury, that the foregoing is true and correct. Dated this (day) of (month), (year) at California Signature of affiant: Note: Notarization of signature required Specs & Contracts Sewer Rehab Ph - IV Page 11 of 35 AFFIDAVIT FOR JOINT VENTURE OR PARTNERSHIP CONTRACTOR declares as follows: That he or she is a member of the joint venture or partnership firm designated as which is the party making the foregoing proposal or bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the City of Beaumont or anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository or to any member or agent thereof to effectuate a collusive or sham bid. That he has been and is duly vested with authority to make and sign instruments for the joint venture or partnership by _ the other members of the joint venture or partnership. I declare, under penalty of perjury, that the foregoing is true and correct. Dated this (day) of (month), (year) at , California Signature of affiant: Note: Notarization of signature required who constitute Specs & Contracts Sewer Rehab Ph - IV Page 12 of 35 AFFIDAVIT FOR CORPORATE CONTRACTOR &F St, declares as follows: That he is MES/D 'FKY-,' /SIEEe�EF7�4tzy /7 -�--tFASUQee /C.EU of —�5-b - , ITO a-. + a corporation which is the party making the foregoing proposal or bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the City of Beaumont or anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare, under penalty of perjury, that the foregoing is true and correct. Dated this /6 'TN (day) of MAC►-( (month), W_(year) at 6 E NtkAo0i- , California If Signature of affiant: Note: Notarization of signature required Specs & Contracts Sewer Rehab Ph - IV Page 13 of 35 p Jurat State of California County of �lV�C�StD Subscribed and sworn to (or affirmed) before me on this 16 714 day of MARCN 2009 by 7� b S J5uK1 - -C�U� See. to me on the basis of satisfactory evidence to be the person who appeared before me. proved L � ERRY L. COOK ` t nature (Notary sea]) ( omM. NO1P.riv PUBLIC- CAi1FORNIA p Vat., RiVE'RSIDE, COUNTY � Pd1y Comm. Ex J. ,3U! Y 26.2012 OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Anr, Jurat completed in California must contain verbiage that indicates the notari public either personally knew the document signer (affiant) or that the identity was satisfactorily proven to the notary with acceptable identification in accordance ith California notary law. Any jurat completed in California w which does not have such verbiage must have add the wording either with a DESCRIPTION OF THE ATTACHED DOCUMENT jurat stamp or with a jurot form which does include proper wording. There r-71'1bP,\J � CogPo'PATE are no exceptions to this lain for am jurat performed in California. In addition, the notary must require an oath or affirmation from the document 1 1 I KhZ (Title or description of attached document) signer regarding the truthfulness of the contents of the document. The document must he signed AFTER the oath or affirmation. If the document ivas 0-17-Y Or 6FA U P400-r prc vioush' signed, it must be re- signed in front of the notary public dun ing the (Title or description of attached document continued) (mat prose s. /2009 • State and County information must be the State and County where the Number of Pages Document Date V/6/2009 IllJ document signer(s) personally appeared before the notary public. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. (Additional information) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges, re -seal if a I sufficient area permits, otherwise complete a different jurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document 2008 Version CAPA v 1.9.07 800 -873 -9865 www.NotaryClasses.com RtcitL)s: INC 0 DCHL:-m -t- �0? ­h' SE7"T'R REP A3ILITATTn1,- PiiiSE B-icis ofclt-v dazed F ,�IRST ��TIONAL iNSUP,1,,j�,c—, A COTTA OF _LTIERTC'� czj FT T) ECOPY ,n 2S SL ',I'S C01�7 I ij IV c 0 ri S Lr u c -, 1'() 1 f mubiic 171-On: lor aCCC)rCaac.-- v,7j�,'n, 'D WASE_ILNGTON 7)­:?icina` anni &CT-C4�, Cam. v era yy Y lT CC L­, i d stale a<: Of Cqe ON-- D Of-Llis bond, 4, rji,s of LrjC an,) -L:nr c The t b t n F nC7 7h-"s Bonj 0 is c-= oncratcu by rt', ec-b D z- Sai-:7 Pr,3-L,.O' Zl--CCDZCC CoEt7i:',otur e) Sall M the alteT-J-,;att, (TI ;fs D rn cnt and Lu:ni_,;rle� ILD-_ - j�!j ,s zs otcrwi &7 _-a -cd to i:n ii "P. e77ja, _; ­n ful-I foroc a-Lid 07f!-Cc� gr- ­S I Z'CDOSal rem,'��-Ycrfloss, dam. icc -r' for L C: ty rez;u I tz.11 Z, 'kire of'Contraczor to act d to :q ITS pro S_0_ eNpt-mist a:-c s-oc 'fjj��, , he Ccmtr__-C-L,0r1Sz Prorlosa-1. al. so-me t"Pes o-FT'jossiblit- loss, (iamaqc siri in L 10-1 \'ahle Tectivtd7 stl�rlulazcs and q or LL -� 'L Mr-Owaybei-i-rip, l�C L d ival qllce of �-, A, is bm&E-ng 0,1 O-L7,- h rs, c:icrT _5-ucc;l��Ssors and assl�y_nlsl L Daf'ed: _=-R AR 10: 2009 FIRST NA-ITONAd- 1WTS-6I_T,-,CE _A�f OF Aj.TVP7CA TjQC. Rv 6 -.T le J. BURTON, SR_ CEO IATAROLA,-ATTOP—T\7EY—IlI —FAC,— Tontrzctoi- STATE OF CAI_Ti--Qj'�-LA C 0 Tj�j \_ 1-1 U17 0 WLED GEMjEN,7 -7 iM0',.VT1 to c) =eon the b�, C-oldez, ce, -1n- -tot _P C71-0:3 -,Vhose Liarne Ls s,­Li_b,cw,�� t,7. L() Li, c Iv: tli� ia _j5 C)fKlisf z,a7L=, acluo-wjed�, t:Klc" * + lis' jla� _. , Z C7 e C.'� ef7aT, uzC on th e i- uc� Crac en' fle PeTs0z. c�T upom bt�na­ 0 M'and 7 _h arj OMC:a, se.-I. !v Beaumont City Contract No. 05- 111 q2 _ B AGREEMENT THIS AGREEMENT is entered into at Beaumont, California as of the date set forth below is between City of Beaumont hereafter called "City" and :9-U- TJ W)1Z9 os-,F1Tk2� hereafter called "Contractor ". WITNESSETH RECITALS: 1. Contractor has submitted to Cit� his Contractor's Proposal for the construction of City Project, Og-i (G [ N (DPT 4 SiEUJ-F9 RE/4491 UTATI CFJ, PNASF� in strict accordance with the Contract Documents identified below and City has accepted said Proposal. 2. Contractor states that he has reexamined his Contractor's Proposal and found it to be correct, has ascertained that his subcontractors are properly licensed and possess the requisite skill and forces, has reexamined the site and Contract Documents and is of the opinion that he can presently do the work in accordance with the Contract Documents for the money set forth in his Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 3. Contract Documents. The entire contract consists of the following: (a) The Agreement, (b) The Notice Inviting Bids, (c) The Instruction to Bidders, (d) The Contractor's Proposal, (e) The Bid Bond, (f) The Payment Bond, (g) The Performance Bond, (h) The General Conditions, (i) The Special Provisions, (j) The Standard Specifications of the State of California Department of Transportation edition of May 2006 as modified in other portions of the Contract Documents, (k) The Standard Plans of the Department of Transportation identified on the plans or in the Special Provisions, (1) The Plans, File Number 1830 (m) Addenda No. , (n) The Determination of Prevailing Wage Rates for Public Work, (o) Any Change Orders issued, and (p) Any additional or supplemental specifications, notice, instructions and drawings issued in accordance with the provisions of the Contract Documents. Specs & Contracts Sewer Rehab Ph - IV Page 15 of 35 All of said Documents presently in existence are by this reference incorporated herein with like effect as if here set forth in full and upon the proper issuance of other documents they shall likewise be deemed incorporated. The Bid Bond is exonerated upon execution of this Agreement and the Payment Bond and Faithful Performance Bond. 4. The Work. Contractor shall do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents. Liquidated Damages and Time of Completion. Attention is directed to the provisions in Section 8- 1.06, "Time of Completion ", and in Section 8 -1.07, "Liquidated Damages ", of the Standard Specifications and these Special Provisions. The Contractor shall begin work within 1 `5 days of the date stated within the written "Notice to Proceed." The Contractor shall notify the Engineer, in writing, of his intent to begin work at least 72 hours before work is begun. The notice shall be delivered to the Public Works Department's Construction Manager and shall specify the date the Contractor intends to start. If the project has more than one location of work, a separate notice shall be given for each location. Should the Contractor begin work in advance of receiving a written "Notice to Proceed ", any work performed by him in advance of the date stated in the "Notice to Proceed" shall be considered as having been done by him at his own risk and as a volunteer and subject to the following: (a) The Contractor shall, on commencing operations, take all precautions required for public safety and shall observe all the provisions in the Specifications and the Special Provisions. (b) All work done according to the contract prior to the issuance of the "Notice to Proceed ", will be considered authorized work and will be paid for as provided in the contract. (c) The Contractor shall not be entitled to any additional compensation or an extension of time for any delay, hindrance or interference caused by or attributable to commencement of work prior to the issuance of the "Notice to Proceed ". 6. Compensation. Contractor shall be paid in the manner set forth in the Contract Documents the amount of his Proposal as accepted by City, the above rates, subject to additions and deductions as provided in the Contract Documents. Said Proposal is on file in the Office of the City Clerk of the City of Beaumont. Specs & Contracts Sewer Rehab Ph - IV Page 16 of 35 IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date set forth below. CITY OF BEAUMONT CONTRACTOR / ti BY City Mayan Dated J - I TITLES 1brlJ %f� (If Corporation, Affix Seal) ATTEST: ATTEST: TITLE: &Kj -IP Q 7p, Cit, "City" (Seal) `%s - o-1 ANC. . "6orporation" (Seal) Specs & Contracts Sewer Rehab Ph - IV Page 17 of 35 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 5193 State of California County of SAN DIEGO On 3/18/2009 before me, DEBORAH D. DAVIS, NOTARY PUBLIC personally appeared MARK P TATAROT A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her/ their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,5` °F rtiF DEBORAH D. DAVIS COMM. #1737411 t w Fa R o NOTARY PUBLIC - CALIFORNIA N SAN DIEGO COUNTY cgliF .P `P My Comm. Exp. APRIL 21, 2011 I certify under PENALTY OF PERJURY under the laws of the Stat! of California that the foregoing paragraph is true and ,orrect. WITNESS ny hand and official seal. Signature o Notary OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR l(PE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL [:]CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED []GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF -DAGES DATE OF DOCUMENT SIGNER(S) OTIER THAN NAMED ABOVE BOND NO. 6620307 PREMIUM: $8,635.00 PERFORMANCE BOND Premium is For Contract Term Recitals: And is Subject To Adjustment Based On Final Contract Price 1. T . B . U . , INC. (Contractor) intend to enter into an Agreement with CITY OF BEAUMONT (City) for construction of public work known as PROJECT NO.: 08- 11172 -B - PHASE IV SEWER REHAB FIRST NATIONAL INSURANCE 2. COMPANY OF AMERICA a WASHINGTON corporation (Surety), is the Surety under thus Bond. Agreement: We, Contractor, as Principal, and Surety, as Surety, jointly and severally agree, state, and are bound unto City, as obligee, as follows: 1. The amount of the obligation of this Bond is 100% of the estimated contract price for the Project of $ 664, 9 7 8.00 and inures to the benefit of City. 2. This Bond is exonerated by Contractor doing all things to be kept and performed by it in strict conformance with the Contract Documents for the Project, otherwise it remains in full force and effect for the recovery of loss, damage and expense of City resulting from failure of Contractor to so act. All of said Contract Documents are incorporated herein. 3. This obligation is binding on our successors and assigns. 4. For value received, Surety stipulates and agrees that no change, time extension, prepayment to Contractor, alteration or addition to the terms and requirements of the Contract Documents or the work to be perfonned thereunder shall affect its obligations hereunder and waives notice as to such matters, except the total contract price cannot be increased by more than 10% without approval of Surety. THIS BOND is executed as of MARCH 18, 2009 T.B.0 NC. By Title TED J. BURTON, SR., CEO "Contractor" (Corporate Seal) FIRST lyATI01V� I�U E COMPANY OF AMERICA Type Name MARK D. IATAROLA, Its Attorney in Fact "Surety" (Corporate Seal) NOTE: This Bond must be executed by both parties with corporate seal affixed. All signatures must be acknowledged. (Attach acknowledgements). Specs & Contracts Sewer Rehab Ph - IV Page 18 of 35 KNOW ALL BY THESE PRESENTS: POWER First National Insurance Company of America 1001 4th Avenue OF ATTORNEY Suite 1700 Seattle, WA 98154 No. 8062 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint * * * * * ** *HELEN MALONEY; JOHN G. MALONEY; MARK D. IATAROLA; KAREN JEAN HALL; MATTHEW C. GAYNOR; DEBORAH D. DAVIS; Escondido, California************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** its true and lawful attorney(s) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 15th day of January 2009 R, kj I Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 18TH day of MARCH 2009 N, r V At., ptx* SEAL* 1 2628 0 Dexter R. Legg, Secretary S- 1049 /DF 1109 • Safeco0 and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of f We' s(d 2, On Mo-C4 ZO, before me, 77i "1Z L, CDO/t , (Here insert name and title of the officer) personally appeared il�j� �Ct.fz -i OiJ, sK who proved to me on the basis of satisfactory evidence to be the person(Xwhose name(sl is /# subscribed to the within instrument and acknowledged to me that he /o /tVy executed the same in his /4ef /tKir authorized capacity(ip4, and that by his /fir /fir signaturefj on the instrument the person(p f, or the entity upon behalf of which the persono acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my hand #nd official seal. M. 11807565 � NOIAtRY PUBLIC - CALIFORNIA y 4aa� HiVERSIDE, COUNTY, My Comm. Exp. JULY 26, 2012 (Notary Se ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CM 10F B -A-c Awp-r- (Title or description of attached document) PHAsr' V: &4AIS (Title or description of attached document continued) Number of Pages Document Date 3 2d/0 �iE12�a►'1i4A1� �O k�I� (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ dividual (s) Corm rate Officer S i ixl- (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA 02.10.07 800- 873 -9865 www.NotaryC]asses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fors (i.e. he/she/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document Tj�� �Fti�9TF T � OFD BOND NO. 6620307 PAYMENT BOND PREMIUM INCLUDED IN PERFORMANCE BOND (Public Work - Civil Code 3247 et seq.) The makers of this Bond are T . B . U . , INC. , as Principal and Original Contractor and FIRST NATIONAL INSURANCE COMPANY OF AMERIC4 a corporation, authorized to issue Surety Bonds in California, as Surety, and this Bond is issued in conjunction with that certain public works contract to be executed between Principal and CITY OF BEAUMONT a public entity, as Owner, for $ 664, 978.00 , the total amount payable. THE AMOUNT OF THIS BOND IS ONE HUNDRED PERCENT OF SAID SUM. Said contract is for public work generally consisting of PEOJECT NO • 08- 11172 -B - PHASE IV SEWER REHAB The beneficiaries of this Bond are as is stated in 3248 of the Civil Code and requirements and conditions of this Bond are as is set forth in 3248, 3249, 3250 and 3252 of said code. Without notice, Surety consents to extension of time for perfonnance, change in requirements, amount of compensation, or prepayment under said contract. DATED: MARCH 18, 2009 T.B.U., INC. FIRST NATIONAL INSURANCE COMPANY OF AMERICA Surety By D - Its Attorney In Fact ARI? D. IATAROLA, ATTORNEY -IN -FACT (a C� -al) q�I O STA 01 0/ 0, �'AG ers0 I� `�fr O Original ontrac or - ncipal By Title TED J. BURTON, SR., CEO (If corporation, affix �,eai) (Corporate Seal) ss. SURETY'S ACKNOWLEDGEMENT personally appeared, -1 to me, or proved to i t and the owledged to me that �� V2 "I d�� S� , the within instrumen °o, y o9 �o '9C and that by his/her signature on the instrument the °� °a "0 ar° ��i executed the instrument. /0 a 60 r O, �s01 � 01- 0 + cq�o9 a° /0, S 9�p'Liy�9yQ s�,6 op. �� d �r A cc 9h0i�d0 �ha0a�0 X06 �°�/� r q �� �s�,, 06 0js ?0 s� � • e q /00 o75 � i� / /0/> d °j6 r6j� Oars ?i,� �f o� e X60 /a°dc e k0 %so-0� /s/ DoT A� ,ry Public (Seal) M."171 Page 19 of 35 yi First National Insurance Company of America POWER 1001 4th Avenue OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 8062 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint * * * * * ** *HELEN MALONEY; JOHN G. MALONEY; MARK D. IATAROLA; KAREN JEAN HALL; MATTHEW C. GAYNOR; DEBORAH D. DAVIS; Escondido, its true and lawful attorney(s) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 15th R, k, Dexter R. Legg, Secretary day of January Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 2009 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 18TH day of MARCH 2009 ;1rN SEAL �f r� Dexter R. Legg, Secretary i S- 1049/DF 1/09 ; ► Safeco® and the Safeco logo are registered trademarks of Safeco Corporation, WEB PDF CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On MAR-C6V ZO,?&? before me, 71i"iz C, 620 , (Here insert name and title of the officer) personally appeared �il�p &r.- -T pi, SK . , who proved to me on the basis of satisfactory evidence to be the person (Xwhose name(4 is /# subscribed to the within instrument and acknowledged to me that he /o /tIvy executed the same in his /W /tKir authorized capacity(i,e,4, and that by his/W /ter signaturefj on the instrument the personal, or the entity upon behalf of which the persono acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. of ° x I'ERRY L. COOK C ' COMM. #1807565 ' NOIARY PUBLIC- CAUFORNIA RIVERSIDE, COUNTY 1 ` My Comm. Exp. JULY 26.2012 (Notary Seaiv�. -w rf ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CITV OF &Ai AWt -77- (Title or description of attached document) PHASg- IC See Fe4146 (Title or description of attached document continued) Number of Pages / Document Date L3/PO/O? m or -pr ISWaLc' (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Adividual (s) V Co rate Officer 5(�� (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800- 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he /she /they,— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document GENERAL CONDITIONS 1. DEFINITIONS: a. "City ", "Contractor ", and "Contract Documents" are identified in the Agreement. "City" and "Contractor" includes their authorized representatives are treated throughout as if each were singular in number. "Contractor" includes its surety. b. "Engineer" and "Director of Public Works" means the Director of Public Works for the City of Beaumont, and includes his authorized representatives. C. 'Plans" means the portion of the Contract Documents consisting of all drawings prepared for the direction and characteristics of the work. A schedule of said drawings which constitutes the plans as of the execution of the Agreement is set forth in the Special Provisions and are supplemented by the Standard Plans referred to in the Special Provisions. d. "State of California ", "Department of Transportation" and "Director of Transportation ", means the City of Beaumont. 2. STANDARD SPECIFICATIONS: The Standard Specifications of the State of California Department of Transportation, edition of May 2006 hereafter called "Standard Specifications ", are incorporated herein as modified in these General Conditions, the Special Provisions and the Plans. The following subsections of the Standard Specifications are deleted: 1- 1.13,1 -1.15, 1- 1.18,1 -1.25, 1- 1.37,1 -1.40, 2 -1.01, 2 -1.05, 2 -1.07, 5 -1.14, 7- 1.165, 8 -1.03, 9 -1.05, 9- 1.065, 9 -1.10, 12 -2.02. Section 3 of the Standard Specifications is deleted. The following deletions and additions are made from the following subsections of the Standard Specifications. Subsection 5 -1.04, add to the second paragraph at its end the following sentence: "The General Conditions govern over all of the Contract Documents except the Special Provisions, the Agreement and Bonds." Subsection 7-1.01A (2), strike the last sentence of the second paragraph and in its place read: "These wage rates are on file in the Office of the County Clerk and are a part of the Contract." Subsection 7 -1.15, for "Director" read "Director of Public Works" except for last reference read "City of Beaumont ". Subsection 7 -1.16, delete references to Subsection 7- 1.165. Specs & Contracts Sewer Rehab Ph - IV Page 20 of 35 Subsection 8 -1.06, strike the last paragraph. Subsection 8 -1.08, strike "as provided in the State Contract Act ". 3. DIRECTOR OF PUBLIC WORKS: All work shall be done under the supervision of the Director of Public Works who shall determine the amount, quality, acceptability and fitness of all parts of the work, and interpret the Contract Documents. No act or omission of the Director of Public Works relieves Contractor of the duty to proceed with the work in strict conformity with the Contract Documents. Upon request, Director of Public Works shall reduce to writing any oral order, objection, requirement or determination. Whenever Director of Public Works' approval is required it shall be in writing only. All communications to City by Contractor shall be via Director of Public Works. No work shall be performed on site other than during normal working hours without the knowledge and consent of Director of Public Works. When in Director of Public Works' opinion, weather or other conditions are such that attempts to perform a portion of the work will probably result in work not in accordance with the Contract Documents, he shall so advise Contractor. When Contractor advises Director of Public Works that he intends to proceed despite such advice, he does so at his peril. The Director of Public Works may then order Contractor, in writing which specifies the portion of the work involved and the conditions warranting the issuance of the order, not to proceed on such portion of the work if (1) proceeding will in his judgment have an adverse effect on Contractor's ability to complete the work within the stipulated time period, or (2) proceeding will in his judgment necessitate unusual tests and procedures to ascertain whether said portion of the work is in accordance with the Contract Documents. Contractor shall comply with such orders at its expense. Nothing herein contained relieves Contractor from the duty to make independent determinations as to weather and other conditions affecting the proper completion of the work. Failure for any reason of Director of Public Works to advise Contractor as to such matters, or to issue an order as above provided, does not relieve Contractor from the duty to accomplish the work in accordance with the Contract Documents. As stated elsewhere, amounts shown in the Proposal and Agreement as to quantities are but estimates only. From time to time Director of Public Works shall direct Contractor as to the prosecution of the work in such a manner as to increase or decrease such estimates as to the work actually to be done. Contractor shall comply with such instructions and shall be paid only for work actually done based on the unit price set out in the Agreement. Specs & Contracts Sewer Rehab Ph - IV Page 21 of 35 4. SITE INSPECTION - EFFECT OF OTHER IMPROVEMENTS SHOWN AND CONTRACTOR PROCEDURE: Elsewhere in the Contract Documents reference may be made, graphically, descriptively or both, to the existence or possible existence of other improvements affecting the site and the prosecution of the work such as surface and subsurface utilities, drainage ditches and courses, buildings, fencing, retaining walls, roadways, curbs, trees, shrubs, and similar matters. Such matters are included to be used by Contractor to the extent he deems appropriate. However, it is expressly understood and agreed: a. Showing or describing such items does not mean that it is an exhaustive and complete presentation and that as to matters shown or described that they necessarily exist. b. All graphic presentations are schematic only unless the contrary is clearly set out elsewhere as to a particular matter. C. Whenever in the plans survey markers are shown, boundaries of the site are shown or contour lines are shown, Contractor may assume that such matters are shown in accordance with acceptable standards. All improvements of the nature above described, whether elsewhere shown or described or not, shall, unless the contrary is elsewhere specifically directed, remain in place, undisturbed and suitably protected during the course of the work. Whenever during the course of the work a subsurface improvement is discovered which Contractor believes is unknown to City, he shall immediately so inform Director of Public Works. Except as elsewhere provided, whenever in the course of the work it becomes apparent that the work cannot proceed without the destruction or relocation of any improvement, whether shown or described or not, Contractor shall immediately cease work affecting such improvements and notify Director of Public Works as to such circumstance and await instructions as to how to proceed. d. The Contractor shall be required to cooperate fully with all utility forces or forces of other public agencies engaged in relocation, lowering, altering or otherwise rearranging any facilities interfering with the progress of work or installing any facilities thereon. The Contractor will also be required to cooperate fully with any City or State forces working on or near the project, or requiring access to the work in the performance of their duties. 5. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS: At his expense Contractor shall: a. Take every precaution against injuries to persons or damage to property. b. Comply with regulations governing the use of the property. C. Store and suitably protect his apparatus, equipment, materials and supplies in an orderly fashion on site. d. Place on the work only such loads as are consistent with the safety of the work. Specs & Contracts Sewer Rehab Ph - IV Page 22 of 35 e . Effect all cutting, fitting, or patching of his work required to make it conform to the Plans and Specifications and interrelate with other improvements or except with the consent of Director of Public Works, cut or otherwise alter existing improvements. f. Protect and preserve established bench marks and monuments, make no changes in the location of such without the prior written approval of City, replace and relocate any of them which may be lost or destroyed or which require shifting because of necessary changes in grades or locations. All replacement and relocation work shall be accomplished only after approval of City and under the direct supervision and instruction of Director of Public Works. g. Before final payment remove all surplus materials, false work, temporary structures, debris, and similar matter resulting from his operations from the site and to put the site in an orderly condition. h. Construct, operate and maintain all passageways, guard fences, lights, barricades and other facilities required for protection by State or municipal laws and regulations and local conditions during the course of the work. i. Guard City property from injury or loss. Take all reasonable precautions for dust and noise control and generally conduct operations so as not to constitute a nuisance. k. The Contractor shall be responsible for the protection of existing signs, fences, concrete curb and gutter and other highway facilities which may be encountered in the roadway. The replacement or repair of any facilities which the City deems necessary as a result of the Contractor's operations shall be done by the Contractor at his own expense and to the satisfaction of the Public Works Department. 6. CHANGE ORDERS - DETAIL DRAWINGS AND INSTRUCTIONS: Reference is made to 4 -1.03 and 4 -1.03A of the Standard Specifications regarding change orders. Wherever in these subsections the word "Engineer" appears read "City ". Each approved change order shall be considered as an amendment to the Contract Documents and will not be considered approved until executed by the City Council, except Director of Public Works can approve certain change orders without the necessity of approval by the City Council. The above does not limit the ability of Director of Public Works to issue further detail drawings, explanations and instructions which are customarily given by an Engineer during the course of similar work. Director of Public Works will furnish Contractor with reasonable promptness such further detailed explanations, instructions and drawings as may be necessary for the proper execution of the work, and Contractor shall conform to same provided they are consistent with the intent of the Contract Documents. In giving such additional instructions, explanations and drawings Director of Public Works has authority to make minor changes in the work which do not involve extra cost and are not inconsistent with the Contract Documents. Specs & Contracts Sewer Rehab Ph - IV Page 23 of 35 Contractor's acting on such instructions, explanations and drawings of Director of Public Works means that Contractor agrees that such explanations, instructions and drawings are within the scope of the work in accordance with the intent of the Contract Documents and do not constitute a basis for modification of the Contract Documents as to price or time. 7. BRAND OR TRADE NAME - SUBSTITUTE OF EQUALS: Reference is made to Section 3400 of the Public Contracts Code, which is by this reference incorporated herein with like effect as if here set forth in full. If a potential bidder believes he knows of an equal to a specified brand or trade name which is not mentioned in the Contract Documents, then such potential bidder may so advise Director of Public Works of such fact, giving all relevant information. If appropriate, an addendum will be issued as to the alleged equal provided that such issuance may be accomplished at least 5 days before the time fixed for opening bids. Unless the subject article or product is expressly designated for matching others in use in a particular public improvement either completed or in the course of completion, any bidder may, as part of its bid proposal, include a request for substitution of an item equal to any specified by brand or trade name. Within 35 calendar days after award of the contract, Contractor may submit to Director of Public Works data substantiating such a request, and the difference, if any, in cost. Director of Public Works shall promptly investigate the request and make a recommendation to City as to equality. The governing body of City shall promptly determine whether the substitute is equal in every respect to the item specified, and approve or deny the request accordingly, and shall notify Director of Public Works of the determination made, who shall advise Contractor in writing of the decision. Unless the request is granted, substitution will not be permitted. Nothing herein shall authorize a change in the contract price or prevent the use of change orders in the manner provided elsewhere in the Contract Documents. 8. FINAL INSPECTION - NOTICE OF COMPLETION: When the work is ready for final inspection, City shall cause the work to be inspected and subjected to such tests as seem to it to be required for the purpose of determining if the work is complete in every respect. At a meeting of the governing body of City held within 10 days after final inspection, the governing body shall consider the facts developed at the inspection. If it is found that the work is apparently complete in every respect, City will accept the work and a notice of completion will be recorded. As between the parties, the recordation of the Notice of Completion, unless recorded because of a cessation of labor, means only that the time for final payment and the commencement of the guarantee period commences to run. Specs & Contracts Sewer Rehab Ph - IV Page 24 of 35 9. CITY'S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT: (1) Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors, or (2) a receiver or liquidator is appointed for Contractor or any of his property, or (3) Contractor shall refuse or fail after Notice of Warning from City by Director of Public Works to supply sufficient properly skilled workmen or suitable materials, or (4) Contractor fails to prosecute the work with such diligence as will insure its completion within the stipulated time period, or (5) Contractor shall fail to make payments to persons supplying labor or materials for the work, or (6) Contractor does not comply with applicable law or instructions of Director of Public Works, or (7) Contractor is otherwise guilty of a substantial violation of any provision of the Contract Documents, then City without prejudice to such other and further right, remedy or relief it may be entitled to, may by 10 days notice to Contractor, terminate the employment of Contractor and his right to proceed, either as to the entire work, or at City's option, as to any portion thereof as to which delay shall have occurred or breach or noncompliance relates, and may thereupon take possession of the affected work and complete the work by contract or otherwise, as City deems expedient. In such case Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance shall exceed the expense of completion, and other damage, expense or loss of City occasioned by Contractor's failure to properly perform, such excess shall be paid by Contractor. If such expense and damage exceeds the unpaid balance, Contractor is liable to City for the excess. If City elects to proceed under this Section, it may take possession of and utilize in completing the work such materials, supplies, plant and equipment on site which may be necessary or convenient for the purpose of completing the work, City is expressly granted the right - acting via Director of Public Works, an Engineer or otherwise - to operate equipment and machinery on site for the purpose of determining whether it has a basis for proceeding under this section. If the construction of the project herein is damaged, which damage is determined to have been proximately caused by an act of God, in excess of 5% of the contract amount, provided that the work damaged is built in accordance with applicable building standards and the plans and specifications, then the Owner, upon certification by the Engineer, may, without prejudice to any other right of remedy, terminate the contract. Decision by City not to proceed under this Section does not constitute a waiver by City of any against Contractor under the Contract Documents. 10. PAYMENT AND MONTHLY ESTIMATES: Director of Public Works, once each month, after said work is commenced and until after the completion and acceptance thereof, shall make and deliver to Contractor duplicate certificates stating the value of work then completed according to the contract, estimated according to the standard of the unit contract price, and thereupon Contractor shall be paid an amount sufficient with all previous payments to make the aggregate ninety percent (90 %) of the amount earned as certified. The partial payments made as the work progresses will be payment on account on work performed as of the 25th of the month and shall in no way be considered as an acceptance of any part of the work or material of the contract, nor shall they in any way govern the final estimate. No such estimate or payment shall be made when in the judgment of the Director of Public Works the total value of the work done since the last estimate amounts to less than $300. Specs & Contracts Sewer Rehab Ph - IV Page 25 of 35 For the purpose of timely payment, the "receipt of payment request" date, as described in Public Contract Code 20104.50 and as referred to herein, shall be considered to be the fifth working day following the 25th day of each month. Within 5 working days of the 25th day of each month the City shall: a. Calculate and prepare the certificate ( "progress pay estimate ") stating the value of the work completed for the billing month, for the purpose of determining the proper progress payment amount. b. If a progress pay estimate has been prepared by the City but has been contested by the Contractor as of the "receipt of payment request" date, as defined above, the City shall submit to the Contractor a document setting forth in writing a description of the dispute pertaining to the progress billing, and the City's reason for it's position. Said document shall be submitted to the Contractor as soon as practicable, but not later than 7 calendar days after the "receipt of payment request" date. Any progress pay estimate which is undisputed and remains unpaid for thirty (30) calendar days, after the "receipt of payment request date" shall accrue interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the California Code of Civil Procedure. The number of days available to the City to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which the City exceeds the seven -day submittal requirement set forth in the paragraph above. Pursuant to Public Contract Code Section 20104.50, subsection (e), the progress payment date is the date that funds are encumbered and the payment warrant is issued. 11. PAYMENT FOR EXTRA WORK (FORCE ACCOUNT BASIS): Extra work to be paid for on a force account basis as directed by the Engineer will be paid for as set forth in Section 9 -1.03 of the Standard Specifications. The labor surcharge, equipment rental rates and the right of way delay factors for each classification of equipment are listed in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, a copy of which is on file at the Office of the Director of Transportation and is hereby incorporated herein in its entirety. 12. FINAL PAYMENT: Within thirty (30) days after the completion of the work and its acceptance by the City Council, Director of Public Works will make a proposed final estimate in writing of the quantities of work done under the contract and the value of such work and will submit such estimate to Contractor. Within thirty (30) days thereafter Contractor shall submit to Director of Public Works his written approval of said proposed final estimate or a written statement of all claims which he has for additional compensation claimed to be due under the contract. On Contractor's approval or if he files no claims within said period of thirty (30) days, Director of Public Works will issue a final written estimate as submitted to Contractor and City shall pay the entire sum so found to be due after deducting there from all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. Specs & Contracts Sewer Rehab Ph - IV Page 26 of 35 If Contractor within said period of thirty (30) days files claims, Director of Public Works will issue as a semi -final estimate the proposed estimate submitted to Contractor and the City will within thirty (30) days pay the sum found due thereon after deducting all prior payments and all amounts to be kept and retained under the provisions of the contract, Director of Public Works shall then consider and investigate Contractor's claims and shall make such revisions in the said estimate as he may find to be due, and shall then make and issue his final written estimate. City will pay the amount so found due after deducting all previous payments and amount to be retained under the contract. All prior or partial estimates and payments shall be subjected to correction in the final estimate and payment. The final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the performance of the contract and the amount of work done there under and compensation therefore, except in the case of gross error. Acceptance of final payment constitutes a release of City by Contractor of all claims relating to the work. 13. DAMAGES: Contractor acknowledges that failure to perform in strict accordance with the Contract Documents will cause City to suffer special damages in addition to cost of completion of the work in accordance with the provisions of the Contract Documents. Such special damage could include, but is not limited to, lease and rental cost, additional salaries and overhead, interest during construction, attorney expense, additional engineering, and inspection expense and cost of maintaining or constructing alternate facilities. 14. DOCUMENTS OF CONTRACTOR: Upon demand, Contractor shall make available to City all documents in its possession relevant to the work accomplished or to be accomplished or any demand or claim of Contractor as to City. This includes copies of documents sent by Contractor or others in its possession. Contractor shall further make available to City conformed copies of all documents submitted to the sureties who executed the Bid Bond, Faithful Performance Bond or Payment Bond for the purpose of obtaining the sureties' signature, including any guarantee or indemnification made to such surety by others for such purpose. Contractor shall maintain in his possession all documents relative to the work for three years after Notice of Completion. 15. RESPONSIBILITY OF CONTRACTOR TO ACT IN AN EMERGENCY: In case of an emergency which threatens loss or injury to property or life, Contractor shall act without previous instructions as the situation may warrant. Contractor shall notify Director of Public Works immediately thereafter. Any compensation claimed by Contractor, together with substantiating documentation shall be submitted to City via Director of Public Works. Specs & Contracts Sewer Rehab Ph - IV Page 27 of 35 LABOR CODE: Reference is made to Chapter 1, Part 7,Division 2 of the California Labor Code (commencing with Section 1720). By this reference said Chapter I is incorporated herein with like effect as if it were here set forth in full. The parties recognize that said Chapter 1 deals, among other things with discrimination, penalties and forfeitures, their disposition and enforcement, wages, working hours, and securing worker's compensation insurance and directly effect the method of prosecution of the work by Contractor and subject it under certain conditions to penalties and forfeitures. Execution of the Agreement by the parties constitutes their agreement to abide by said Chapter 1, their stipulation as to all matters which they are required to stipulate as to by the provisions of said Chapter 1, constitutes Contractor's certification that he is aware of the provisions of said Chapter 1 and will comply with them and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." Contractor and his subcontractors shall comply with the provisions of SS 1777.5 of the Labor Code regarding apprentices. Contractor shall post at each job site during the course of the work a copy of City's "Determination of Prevailing Wage Rates ", copies of said Determination are available from City for this purpose. 17. OBSTRUCTIONS: Attention is directed to Sections 8 -1.10, "Utility and Non - Highway Facilities" and 15, "Existing Highway Facilities" of the Standard Specifications and these Special Provisions. Add the following to the fourth paragraph of Section 8 -1.10, "Utility and Non - Highway Facilities ", of the Standard Specifications is amended to read: In the event that the utility facilities mentioned above are not removed or relocated by the times specified and, if in the opinion of the Engineer, the Contractor's operations are delayed or interfered with by reason of the utility facilities not being removed or relocated by said times, the State will compensate the Contractor for such delays to the extent provided in Section 8 -1.09, "Right of Way Delays" of the Standard Specifications, and not otherwise, except as provided in Section 8 -1.10, "Utility and Non - Highway Facilities" of the Standard Specifications. 18. INSURANCE - HOLD HARMLESS: In lieu of the provisions of Section 7 -1.12 the following shall apply: Contractor shall not commence work under this contract until he has obtained the insurance required hereunder and satisfactory proof of said insurance has been submitted to and approved by the City of Beaumont. Specs & Contracts Sewer Rehab Ph - IV Page 28 of 35 Contractor shall submit to the City of Beaumont a Certificate of Insurance, signed by an authorized representative of the Contractor's insurance provider or agency, which certifies to the City that insurance coverage is provided in accordance with the requirements of this section. The Certificate of Insurance shall include as attachments the required "Waiver of Subrogation" and "Additional Insured" policy endorsements. I. Workers Compensation Insurance: Contractor shall procure and maintain during the life of the contract Worker's Compensation Insurance coverage as prescribed by the laws of the State of California. Policy shall include Employers' Liability including Occupational Disease with limits not less than $1,000,000 per occurrence. Policy shall be endorsed to provide a Borrowed Servant Endorsement, Alternate Employer Endorsement, or Additional Insured Endorsement naming the City of Beaumont, its Director's Officers, Special Districts, City Council, employees, agents or representatives as Additional Insured. Policy shall contain a Waiver of Subrogation in favor of the City of Beaumont. Contractor shall further require each of its subcontractors to procure Worker's compensation Insurance as required by the State while working on the project and the Contractor shall require the subcontractors to endorse the policy to provide a Borrowed Servant Endorsement, Alternate Employer Endorsement, or Additional Insured Endorsement naming the City of Beaumont, its Director's Officers, Special Districts, City Council, employees, agents or representatives as Additional Insured. Policy shall contain a Wavier of Subrogation in favor of the City of Beaumont. II. Comprehensive General Liability Insurance: Contractor shall take out and maintain during the course of the work General Liability Insurance covering bodily injury and property damage insurance and blanket contractual coverage as to the work and obligations covered hereunder. The amount of the insurance shall be in an amount not less than $2,000,000. The policy may be a combined single limit or split limits, but the amount must be no less than $2,000,000 per occurence. The insurance carrier must have a current rating of "A" or better by the A.M. Best Company, a financial size of at least "VIII ", and be an admitted carrier in the State of California. Any exceptions must be approved in advance by the City of Beaumont Risk Management. Said insurance must contain an endorsement the City of Beaumont is named as an additional insured as respects the work covered hereunder and said insurance must not contain, as respects the work covered hereunder, any exclusions as to bodily injury or death or property damage arising out of blasting, explosion, or underground damage to wire, pipes, conduits, mains, sewers, tank tunnels or any similar property - i.e. the so called "x c u" exclusions. The insurance certificate evidencing such insurance must affirmatively state that the insurance carrier (s) will give Owner 30 days written notice prior to cancellation of the insurance or a reduction in coverage, and that "City of Beaumont - -its Officers, City Council, employees, agents and representatives" are named as Additional Insured. In the alternate to naming City of Beaumont as additional insured, Contractor may take out and maintain during the course of the work and until acceptance by City, Owner's Protective Liability Insurance in an amount not less than $2,000,000 covering City of Beaumont. Specs & Contracts Sewer Rehab Ph - IV Page 29 of 35 III. Auto Liability: If Lessee's vehicles or licensed mobile equipment will be on the premises or used in any manner on behalf of the City, then Lessee shall maintain auto liability insurance for all owned, non -owned or hired automobiles in an amount not less than $1,000,000 per occurrence combined single limit. Policy shall name the "City of Beaumont, its Officers, City Council, employees, agents, or representatives" as Additional Insured. IV. Hold Harmless: Contractor shall hold City of Beaumont its officers, agent, and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of Contractor, its officers, agents, employees or subcontractors relating to or in anywise connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work required by the Contract Documents and agrees to defend at his expense, including attorney fees, Owner, City of Beaumont its officers, agents and employees in any legal action based upon any such alleged acts or omissions. 19. EQUAL EMPLOYMENT OPPORTUNITY: General: Contractor shall not discriminate in its recruiting, hiring, promotion, demotion of termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Contract shall comply with the provisions of the California Fair Employment Practice Act (commencing with SS 1410 of the Labor Code), the Federal Civil Rights Act of 1964 (P.L. 88 -352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), as amended, and all administrative rules and regulations issued pursuant to said Acts and Order. See particularly 41 Code of Federal Regulation (CFR) Chapter 60. Contractor shall require each of its subcontractors to comply with the preceding paragraph and shall include in each subcontract language similar to the preceding paragraph. Contractor shall permit access to its records of employment, employment advertisement, application forms and other pertinent data and records by Owner and any State or Federal agency having jurisdiction for the purpose of investigation to ascertain compliance with this Section. Owner may assign an affirmative action representative to monitor Contractor and its subcontractor (s) conduct required by this Section, including the right of entry to the construction site for the purpose of obtaining information from persons performing work on the project providing such inspection does not interfere with the progress of the work. Elsewhere in the Contract Documents specific requirements may be contained covering the same subject matter of this Section. If so, such specific requirements prevail over this Section in case of conflict. Specs & Contracts Sewer Rehab Ph - IV Page 30 of 35 Transactions of $10,000 or Under: Contracts and subcontracts not exceeding $10,000 are exempt from the requirements of this Section. No Contractor or subcontractor shall procure supplies and /or services in less than usual quantities to avoid applicability of this Section. With respect to contracts and subcontractors for indefinite quantities, this Section applies unless the amount required in any one year under such contract will reasonably be expected not to exceed $10,000. Transactions in Excess of $10,000, but Less Than $50,000: At Owner's request, Contractor shall certify that it has in effect an affirmative action plan and agrees to comply with all State and Federal laws and regulations regarding Fair Employment Practices. Contractor shall maintain a written copy of its affirmative action plan and furnish Owner a copy of the plan upon request. Owner may require Contractor to complete an Affirmative Action Compliance Report, on a form furnished by Owner, setting forth definite goals during the term of the Contract. Transactions of $50,000 or More: If Contractor has fifty or more employees and a Contract for $50,000 or more, it shall develop and submit to Owner, within thirty days after award, a written affirmative action compliance program providing in detail specific steps to guarantee equal employment opportunity. Contractor shall include in its affirmative action program a table of job classifications, which table shall include but need not be limited to job titles, duties, and rates of pay. Contractor shall in each subcontract let to do a portion of the work covered hereunder, where the subcontractor involved has fifty or more employees and the subcontract is for $50,000 or more, impose in the subcontract the above requirements. For the purpose of determining the number of employees, the average of the Contractor's or its subcontractor's employees for the twelve month period immediately prior to award, or the total number of employees the Contractor or its subcontractor will have when performing this contract, whichever is higher, shall be used. Federal Assisted Construction: If this project is a Federally assisted construction project, then the contract provisions contained in 41 CFR SS 60 -1.04 (b) are incorporated herein and the Contractor shall likewise incorporate said provisions in each subcontract entered by Contractor to perform the work. Federally assisted construction is identified as such in the Notice Inviting Bids. 20. DEPOSIT OF SECURITIES: In accordance with Public Contract Code Section 22300 and other applicable law, the Contractor may substitute securities for any moneys withheld to ensure performance under the contract. Specs & Contracts Sewer Rehab Ph - IV Page 31 of 35 21. ASSIGNMENT OF CLAIMS: In submitting a bid on this public works project, or any subcontractor agreeing to supply goods, services, or materials, and entering a contract pursuant thereto, the Contractor and /or subcontractor do offer and agree to assign to the Owner all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties. 22. CLAIMS RESOLUTION: In accordance with Public Contract Code Section 20104 - 20104.8 and other applicable law, public works claims of $375,000 or less which arise between the Contractor and the Owner shall be resolved following the statutory procedure unless the Owner has elected to resolve the dispute pursuant to Public Contract Code SS 10240 et seq. All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provide in the contract. "Claim" means a separate demand by the claimant for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the claimant and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled, or (3) an amount the payment of which is disputed by the Owner. (a) Claims Under or equal to $50,000. The Owner shall respond in writing to the claim within 45 days of receipt of the claim, or, the Owner may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the Owner may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the Owner and the claimant. The Owner's written response shall be submitted 15 days after receiving the additional documentation, or within the same period of time taken by the claimant to produce the additional information, whichever is greater. (b) Claims over $50,000 but less than or equal to $375,000. The Owner shall respond in writing within 60 days of receipt, or, may request in writing within 30 days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims the Owner may have against the claimant. If additional information is needed thereafter, it shall be provided pursuant to mutual agreement between the Owner and the claimant. The Owner's response shall be submitted within 30 days after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. If the claimant disputes the Owner's response, or if the Owner fails to respond within the statutory time period, the claimant may so notify the Owner within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, the Owner shall schedule a meet and confer conference within 30 days. Specs & Contracts Sewer Rehab Ph - IV Page 32 of 35 3. If following the meet and confer conference, the claim or any portion thereof remains in dispute, the claimant may file a claim pursuant to Government Code SS 900 et seq. and Government Code SS 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the claimant submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference. 4. If a civil action is filed to resolve any claim, the provisions of Public Contract Code SS 20104.4 shall be followed, providing for non - binding mediation and judicial arbitration. 23. DUST ABATEMENT & WATER POLLUTION CONTROL Dust control shall conform to Section 10, "Dust Control ", Section 7- 1.01F, "Air Pollution Control ", Section 17, "Watering ", and Section 18, "Dust Palliative" of the Standard Specifications, Rules no. 401, 402, 403 and 403.1 of the South Coast Air Quality Management District (AQMD), Riverside County Code, Chapter 8.52, all other applicable Federal and State laws, and the requirements set forth herein. The Contractor is cautioned that failure to control fugitive dust may result in fines being levied by the South Coast Air Quality Management District to both the Contractor and the City of Beaumont, as owner. The Contractor shall be fully responsible for payment of all fines pertaining to air pollution control violations, resulting from Contractor's operations related to the construction contract, which may be levied against both the Contractor and the City of Beaumont by the AQMD or other regulatory agencies. The Contractor's attention is directed to Section 7 -1.01, "Laws to be Observed" of the Standard Specifications. The cost of all fines levied against the City of Beaumont will be deducted from any moneys due or which may become due to the Contractor, unless other payment arrangements are made by the Contractor. Dust control of all of the Contractor's operations is required 24 hours per day, 7 days a week for the duration of the contract, and until the disturbed soil is permanently stabilized. The Contractor shall take every precaution to prevent emissions of fugitive dust from the project site, from locations of stockpiled materials, from unpaved driving surfaces, from haul vehicles, from inactive construction areas, and from all other operations of the Contractor. The Contractor shall plan for and carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or which constitute a public nuisance, or which cause harm to persons living or working in the vicinity of the work. Of particular concern are emissions of PM10 particles, which are fine particulate matter of 10 microns or less and which are associated with sickness and death from respiratory disease. The Contractor shall furnish and post dust mitigation signs, which shall be, at a minimum, in accordance with the "AQMD Signage Recommendations ". The sign shall include the Contractor's phone number which shall be maintained on a 24 hour basis. The sign message, size and design, including any deviations from the signage recommendations, shall be approved by the Engineer prior to fabrication. The Contractor shall respond to complaints by mobilizing equipment and personnel at the construction site within 2 hours of each complaint to control fugitive dust. Any days on which the Contractor is prevented from working, due to the requirements of AQMD Specs & Contracts Sewer Rehab Ph - IV Page 33 of 35 Rules, will be considered as non - working days, in accordance with Section 8 -1.06, "Time of Completion" of the Standard Specifications. The Contractor shall utilize the "Best Available Control Measures" of controlling fugitive dust, as prepared by the AQMD. If fugitive dust crosses the project boundary, more effective control measures, including the "Best Available Control Measures" shall be implemented. A site - specific fugitive dust control plan shall be submitted to the Engineer for review and approval at least 10 days prior to the start of construction. The fugitive dust control plan shall include the "Reasonably Available Control Measures" and "Best Available Control Measures" of controlling fugitive dust, as may be appropriate and necessary, including but not limited to watering, application of chemical dust suppressants, wind fencing, covering of haul vehicles, haul vehicle bed - liners, covering or chemically stabilizing stored materials, phased grading, planting of vegetation, the use of a 24 hour environmental observer, and track -out controls at locations where unpaved construction accesses intersect with paved roads. The use of chemical stabilizers, which are approved by all environmental regulatory agencies, and the use of reclaimed water is encouraged. If water is intended as a primary dust control tool, the dust control plan shall provide for at least one 2,000 gallon water truck for every 4 acres of disturbed soil, unless otherwise approved by the Engineer. If the Engineer determines that the project scope and the forecasted weather conditions are such that the Contractor's work is unlikely to be a source of dust emissions, the Engineer has the authority to waive the requirements for submittal of a dust control plan and for placement of the dust control signs described herein. However, the Contractors responsibilities for the control of fugitive dust and the other requirements of this section may not be waived. A completion notice will not be filed, and the final payment will not be made to the Contractor until the areas of disturbed soil on the construction site, including roadway shoulders, are suitably stabilized for long term control of fugitive dust. The successful Contractor shall attend an AQMD PM 10 Dust Control Program training session, and furnish evidence of attendance to the Engineer. Attendance at AQMD training seminars can be scheduled through AQMD at 1- 866 - 861 -DUST (1- 866 -861 -3878) or by email to dustcontrol(c agmd.gov. Current AQMD certification of previous attendance will be accepted. At that training session, the successful Contractor will be furnished with the AQMD prepared Rule 403 and Rule 403.1 implementation handbooks, which include the "Best Available Control Measures" and "Reasonably Available Control Measures ", and other associated information, including a listing of suggested dust control related devices, materials and chemicals. The signature of the Contractor on the Proposal constitutes acknowledgement by the Contractor of the dust control requirements established by law and described herein, and the enforceability of those requirements. When the contract includes a bid item for Dust Abatement, full compensation for conformance with these dust abatement requirements, including labor, equipment, materials, developing water supply and incidentals, shall be paid at the lump sum price for Dust Abatement, and no additional compensation will be allowed therefore. Specs & Contracts Sewer Rehab Ph - IV Page 34 of 35 When the contract does not include a bid item for Dust Abatement, full compensation for conformance with these dust abatement requirements, including labor, equipment, materials, developing water supply and incidentals, shall be considered as included in the various items of work, and no additional compensation will be allowed therefore. WATER POLLUTION CONTROL: The Contractor shall provide EROSION CONTROL MEASURES using structural Best Management Practices (BMP) in conformance to City of Beaumont's ordinance and practices, state and federal regulations. Contractor shall submit Erosion Control Plan for Engineer's approval prior to starting of works under this contract. Payment for combined Dust Abatement and Water Pollution Control shall be in a manner similar to "Mobilization" — Section 11 of the Standard Specifications. END Specs & Contracts Sewer Rehab Ph - IV Page 35 of 35 SEWER REHABILITATION PROJECT Phase IV SPECIAL PROVISIONS DESCRIPTION: The Old Town Rehabilitation Project covers a bigger area and consists of sewer and street rehabilitation works. The sewer rehabilitation goes in first followed by street rehabilitation. The street rehab works include applying new asphalt pavement, removal of damaged curb & gutter and sidewalk and disposal. New curb, gutter and sidewalk will be constructed in place of the removed areas. There will also be removal /installation of concrete spandrel and cross gutter to improve drainage flow. The Sewer Rehab Project consists of upgrading sewer service system in this part of the City. The existing sewer line is generally of Vitrified Clay Pipe material (VCP) and run in between the back of the residential houses will be replaced by Polyvinyl Chloride pipe (PVC). This PVC pipe will be installed within the city road right of ways and new laterals will be installed to residences connecting to the new PVC line within the street. Sewer connections to all affected residences will be to this new system. Existing sewer laterals will be abandoned in place where possible. Existing sewer manholes will be abandoned by plugging the existing sewer line and manholes filled with gravel, slurry or compacted dirt. Backflow prevention device will be installed at each residence. After the new sewer is made functional, the old VCP line will be abandoned in place. SPECIFICATIONS: The project shall conform to the requirements of the May 2006 edition of the Standard Specifications and Standard Plans as issued by the State of California Department of Transportation and County of Riverside Improvement Standards (latest edition) where applicable and Eastern Municipal Water District Standards. Requirements on the construction plans for Portland Cement Concrete are modified to the PCC Class designations, as described in Section 90 -1.01 of the 2006 Standard Specifications, as follows: Class "A" shall mean Class "2" Class "B" shall mean Class "Y Class "C" shall mean Class "4" Class "D" shall mean Class "1" RECORD DRAWINGS: Where conflicts arise during the prosecution of the works under this contract, the Contractor shall submit "Request for Information" (RFI) to the City and the City shall make all reasonable efforts to provide clarifications to the Contractor in a timely fashion. If changes on the plans are necessary Special Provisions Sewer Rehab Ph- IV Page 1 of 8 based on RFI's, the City will make necessary changes on the original plans and this will be the "RECORD DRAWING" for the project. DISPOSAL OF EXCESS EXCAVATION OR MATERIALS: Excess earth excavation, pavement grindings and other excess materials resulting from construction operations shall be disposed of by the Contractor outside of the City right of way, as provided in Section 7 -1.13 of the Standard Specifications. The second paragraph of Section 7 -1.13 of the Standard Specifications is modified to read as follows: When any material is to be disposed of outside the city right of way, and the City has not made arrangements for the disposal of such material, the Contractor shall first obtain written authorization from the property owner on whose property the disposal is to be made and he shall file with the Engineer said authorization or a certified copy thereof together with a written release from the property owner absolving the City of Beaumont from any and all responsibility in connection with the disposal of material on said property. If the disposal of materials is to be made at an established disposal facility that is available for public use, the Contractor shall retain all authorizations and receipts from said disposal facility and shall provide copies to the Engineer upon request. LIQUIDATED DAMAGES: The Contractor shall diligently prosecute the work to completion before the expiration of 120 working days from the date stated in the "Notice to Proceed." The Contractor shall pay to the City of Beaumont the sum of $300 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. ITEMS OF WORK: TRAFFIC CONTROL SYSTEM: Contractor shall prepare traffic control plans for review and approval by the Public Works Department. Proposed plans shall be submitted by Contractor for review and approval by the Public Works Department at least two weeks prior to the start of construction. The Contractor shall revise and implement the plans as directed by the Public Works Director. Construction shall not begin until the Engineer provides Contractor with City approval of the plans. Traffic control plans shall be in accordance with the appropriate standards and specifications for construction staging, detour roads, traffic control, including the State of California Highway Design Manual, the manual on Uniform Traffic Control Devices 2006 Edition, the corresponding California Special Provisions Sewer Rehab Ph- IV Page 2 of 8 Supplement, and subsequent modifications as adopted by the State of California Department of Transportation, Standard Plans and Standard Specifications, and the Work Area Traffic Control Handbook (WATCH), as published by Building News, Inc. Any requests for deviation from the established design standards or specifications are to be submitted to the Public Works Director for review and approval prior to submission of the required plans. With regard to the preparation and implementation of the plans, attention is especially directed to Sections 7 -1.06, 7 -1.08, 7 -1.09, 7 -1.11, 7 -1.12 and Section 12 of the State of California Standard Specifications. Section 12 -2.02 of the Standard Specifications is deleted. Maintaining traffic shall conform to the provisions in 7 -1.02 "Load Limitations ", 7 -1.06 "Safety and Health Provisions ", 7 -1.08 "Public Convenience ", 7 -1.09 "Public Safety ", and 12 -3.04 "Portable Delineators" of the Standard Specifications, the Manual on Uniform Traffic Control Devices 2006 Edition, the corresponding California Supplement, and subsequent modifications as adopted by the State of California Department of Transportation, the Section of these contract documents entitled "Insurance - Hold Harmless ", and these Special Provisions. All existing traffic control signs and street name signs shall be maintained in visible locations as directed by the Engineer. No detours will be provided, unless specifically allowed herein. The Contractor will be required to conduct his operations in such a manner that traffic will be permitted to pass through the work area with as little delay as possible. All warning lights, signs, flares, barricades and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by the Contractor. All traffic control devices shall conform to and be placed in accordance with the Manual on Uniform Traffic Control Devices 2006 Edition, the corresponding California Supplement, and subsequent modifications as adopted by the State of California Department of Transportation. All construction signs shall be either covered or removed when not required by the nature of the work or if no present hazard to the motorist exists. The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing excavation for construction area sign posts. The regional notification centers include, but not limited to, the following: Notification Center Telephone Number Underground Service Alert- Southern California (USA) 1- 800 - 422 -4133 1- 800 - 227 -2600 or 811 Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. Special Provisions Sewer Rehab Ph- IV Page 3 of 8 No payment for extra work will be allowed for work performed as specified in Section 12 -2.02 (Flagging Costs) of the Standard Specifications. Flagging costs will be borne entirely by the Contractor. Dust control shall conform to the provision of Section 10 of the Standard Specifications except that no extra work will be allowed when the Engineer orders the application of water for the purpose of controlling dust caused by public traffic as provided for in the last paragraph of Section 10. The Contractor shall be responsible to distribute an information letter pertaining to the planned work to all affected residences and businesses, at least one week prior to commencing work adjacent to those residences and businesses. It shall be the responsibility of the Contractor to design the information letter, obtain design approval from the Engineer, print sufficient copies, and distribute the letter. The City logo shall be included on the letter. A computer file of the logo may be obtained from the Engineer in .WPG, .DXF, .DGN or .DWG format. The letter shall be similar to the sample provided by the Engineer, and shall include a project description, the scope of work, the anticipated construction schedule, and other information as appropriate. Payment — Compensation shall be based progress payment in manner similar to and specified under Section 11 "Mobilization" of the Standard Specifications, except as otherwise provided herein, for conforming to the requirements of this article, including furnishing, installing and maintaining all traffic control devices shown on the construction staging and traffic control plans, shall be paid for on a lump sum basis, and no additional compensation will be allowed therefore. MOBILIZATION: Mobilization shall conform to the provisions in Section 11, "Mobilization" of the Standard Specifications and these Special Provisions. Mobilization shall herein include notification of the public and local residents that will be affected by this construction. Contractor shall arrange with the Engineer and Beaumont Police Department a short meeting with local residents to address and mitigate concerns. Mobilization will be paid for on the basis of lump sum as provided in Section 11 -1.02, "Payment" of the Standard Specifications. FINISHING ROADWAY: Finishing roadway shall conform to Section 22 of the Standard Specifications and payment shall have been included in all pay items and no additional payment shall be made therefore. INSTALL PVC SEWER MAIN: Contractor shall supply and install PVC pipe for sewer mainline of size specified on the plans. Pipe shall be SDR -35 and associated fittings shall conform to ASTM D2321. Joints shall be solvent welded, screwed, flanged, or push on with rubber gaskets. Installation shall be true to grade, Special Provisions Sewer Rehab Ph- IV Page 4 of 8 alignment, and elevations as shown on the plans and shall conform to EMWD Standard Drawing SB- 157 & SB -158. Attention is directed to SB -158 detail titled "Unsurfaced Roadways... Easements," aggregate base material and hot mix asphalt is not required. Three inch cold mix patch asphalt will be allowed along the trench. The top 12 inches of dirt cover shall be compacted to a minimum 90% relative compaction. Payment shall be per linear feet and shall include all works necessary to install a functional sewer line to include excavation, trenching, shoring, backfill, compaction, removal and replacement of unsuitable materials, replacement and or repair of other underground utilities damaged by Contractor and no additional payment shall be allowed therefore. INSTALL SEWER LATERAL: Contractor shall supply and install sewer lateral at each affected residence and shall be in conformance to City Standard 600 "Sewer House Connection." 4" PVC shall be used instead of VCP. Plans do not show locations and lengths of sewer laterals although majority of them are located from the rear portion of each property. Prior to bidding this project, Contractor must have performed its due diligence to determine the full extent of works necessary to connect existing laterals to the new sewer main. Method of Construction: Due to the unique nature of connecting sewer laterals from residences to the new sewer main, Contractor may at his own option use directional boring or cut trenches on the roadway and on private properties. Attention is directed to SB -158 detail titled "Unsurfaced Roadways... Easements," aggregate base material and hot mix asphalt are not required. Three inch cold mix patch asphalt will be allowed along the trench or lateral crossings. The top 12 inches of dirt cover shall be compacted to a minimum 90% relative compaction within road right of way. 90 % relative compaction is required outside of road right of way. Payment shall be per service connection installed (each) and shall include all works necessary to install a functional house connection to include excavation, trenching, shoring, backfill, compaction, removal and replacement of unsuitable materials, replacement and or repair of other underground utilities damaged by Contractor, directional boring, removal and replacement of affected or damaged landscaping and no additional payment shall be allowed therefore. Abandonment, capping and /or removal of existing house connections is herein made part of "Install Sewer Lateral" and no additional payment will be allowed therefore. CONSTRUCT 48 -INCH SEWER MANHOLE: Contractor shall supply and install 48" inch sewer manhole to depth and elevations shown on the plans and conforming to Eastern Municipal Water District (EMWD) Standard Drawing SB -53 and SB -61. Payment shall be per unit basis and shall include all works necessary to install manholes to elevations, alignment and depth as specified on the plans to include excavation, trenching, shoring, Special Provisions Sewer Rehab Ph- IV Page 5 of 8 backfill, compaction, removal and replacement of unsuitable materials, replacement and or repair of other underground utilities damaged by Contractor and no additional payment shall be allowed therefore. Attention is directed to the name to be inscribed on the manhole cover. "EMWD" shall read "City of Beaumont." ADJUST SEWER MANHOLE TO GRADE: Contractor shall leave the manhole rim approximately 12" below the finish surface to allow the roadway contractor pulverize the existing structural roadway section at full depth without avoiding manholes and covers. After the paving the roadway, Contractor (sewer) shall adjust and or raise manhole to finish surface and install manhole rings and covers upon coordination with roadway contractor. A 12 -inch wide concrete ring 12 -inch thick shall be poured around the manhole flush with the asphalt pavement. Payment is included in "Construct 48 -Inch Sewer Manhole" above. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 7 -1.09, "Public Safety" of the Standard Specifications. ABANDON SEWER MAIN, SEWER CLEAN OUT, OR SEWER MANHOLE: Sewer manholes called out for abandonment shall be filled with gravel, slurry, or compacted dirt. Work will include lowering and burying top of manhole approximately 12" to 18" under the ground, plugging all openings within the manhole before it is filled to ensure that fill material will not erode through the openings. Abandoning sewer main in -place and abandon sewer clean out to render them inoperable is made part of and will be paid on a per manhole basis. Abandon sewer clean out work will include capping the abandoned line and burying them 12" under ground, possible removal of existing lateral if necessary. Payment shall be per manhole abandoned as prescribed herein. No additional payment will be allowed herein. INSTALL BACKFLOW PREVENTION DEVICE: Backflow prevention device shall be installed at each residence and shall be paid per unit installed. Payment shall include all works, materials, supplies to install a functional backflow prevention device. Contractor shall provide homeowners maintenance flyer (manual) for the operation and location of each backflow prevention device. OBSTRUCTIONS: Attention is directed to Sections 8 -1.10, "Utility and Non - Highway Facilities ", and 15, "Existing Highway Facilities" of the Standard Specifications and these Special Provisions. Existing utility and privately owned facilities shall be protected in accordance with Section 7 -1.11, "Preservation of Property" and these Special Provisions. The Contractor is also responsible to protect those facilities that are to be relocated by others prior to or during construction, and shall protect those facilities in both their existing and their ultimate locations. The Contractor shall cooperate with Special Provisions Sewer Rehab Ph- IV Page 6 of 8 owners and their Contractors of utility and privately owned facilities, for the relocation of said facilities, in accordance with Section 7 -1.14, "Cooperation" of the Standard Specifications. All water valves, gas valves, sewer manholes, survey monuments, survey markers and any other utility appurtenances shall be protected in place. Full compensation for such protection shall be considered as included in the various bid items. The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety and welfare of workmen and the public. Facilities requiring special precautions include, but are not limited to: conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases; natural gas in pipe lines greater than 6 inches in diameter or pipe lines operating at pressures greater than 60 psi (gage); underground electric supply system conductors or cables either directly buried or in duct or conduit which do not have concentric neutral conductors or other effectively grounded metal shields or sheaths; and underground electrical conductors with potential to ground of more than 300 volts. The Contractor shall notify the Engineer at least twenty -four hours prior to performing any work in the vicinity of such facilities. Attention is directed to the requirements of Government Code Sections 4216- 4216.9 pertaining to existing utility facilities. The Contractor shall assume that every house, building and lot within the project limits has utility service pipes and conductors (laterals), and that utility main and trunk facilities exist within the project limits. The Contractor shall determine if it is warranted to determine the exact location of these utility service laterals and existing main lines, unless directed by the Engineer to pot -hole at specific locations, or as otherwise required herein. The Contractor will not be directly reimbursed for determining the exact location of the utility main lines or services laterals but shall include any compensation for this work in the contract price paid for the various items of work. Any damage to existing main lines or service laterals for which pot- holing was not performed shall be considered damage due to not using reasonable care and the damage shall be repaired at the Contractor's expense. The Contractor shall conduct his operations with the assumption that underground utility facilities exist within the project limits. The Contractor shall exercise caution and best construction practices for safety and for protection of underground facilities. The approximate locations of underground utility facilities, as shown on the plans, are based on information provided by the respective owners, listed below. The Contractor shall also utilize the markings of the regional notification center (Underground Service Alert), and above -ground utility appurtenances to determine the existence and approximate location of underground utilities. No excavation shall be made within 4 feet of any underground utilities, as listed below, unless and until such utilities have been positively located as to horizontal and vertical position. This requirement applies to all underground electric, natural gas, toxic or flammable gas, chlorine, oxygen or petroleum facilities. Special Provisions Sewer Rehab Ph- IV Page 7 of 8 Forty -eight hours prior to beginning construction, the Contractor shall notify the following agencies: Underground Service Alert 800 - 227 -2600 Southern California Edison Company 909- 357 -6109 Southern California Gas Company 909 - 335 -7561 Verizon Communications 951- 929 -9493 Time Warner Cable 951 -549 -3977 Charter Communications 951- 343 -5171 Full compensation for all costs, including labor, equipment, materials and incidentals, required to comply with the requirements of this section shall be considered as included in the various items of work, and no additional compensation will be allowed therefore. TESTING: All pipe testing shall conform to the provisions of Section 306 - 1.2.12 " Field Inspection for Plastic Pipe and Fittings" and Section 306 -1.4 "Testing Pipelines" of the Standard Specifications for Public Works Construction latest edition. Payment shall be included in the total contract cost. DUST ABATEMENT & WATER POLLUTION CONTROL: Attention is directed to Section 23 of the Specs and Contract Documents. END Special Provisions Sewer Rehab Ph- IV Page 8 of 8 AMAD CERTIFICATE OF LIABILITY INSURANCE 3/16i2o 9' PRODUCER (714) 221 -1800 FAX: (714) 221 -4196 )rown & Brown of California, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA License # OB02587 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 6989 Oran a CA 92863 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Travelers P &C Cc of 25674 Ted Burton Underground, Inc., DBA: T.B.U., INSURER B: Travelers Indemnity 25682 INSURER c: Travelers Casualty Co of 36170 240 Maple Ave. INSURER D: Suite A INSURER E: Beaumont CA 92223 OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMIT H HAVE BEE N REDUCED BY PAID CLAIMS. INSR ADDT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YY POLICY EXPIRATION DATE MM /DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMI E C aoccurDn e $ 300,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [ X] OCCUR DTEC06682M964TILOB 9/13/2008 9/13/2009 MEDEXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP A G $ 2,000,000 X POLICY 7 JPERCi LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000'000 X BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS DT81056BOB564TCT08 9/13/2008 9/13/2009 BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA AC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 X OCCUR FI CLAIMS MADE AGGREGATE $ 4,000,000 $ A DEDUCTIBLE FxIRETENTION DTSMCUP6682M964TIL08 9/13/2008 9/13/2009 10,000 C WORKERS COMPENSATION AND X WC STATUS OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER /MEMBER EXCLUDED? DTEuB0685M59809 2/21/2009 2/21/2010 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 A OTHER MISC RENTED /LEASED QT6606072C226 9/13/2008 9/13/2009 LIMITS: $200,000 EQUIPMENT DED : 2,500 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS THE CITY OF BEAUMONT, IT'S DIRECTOR'S OFFICERS OFFICERS, SPECIAL DISTRICTS, CITY COUNCIL, EMPLOYEES, AGENTS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED FOR ALL CALIFORNIA PROJECTS AS RESPECTS TO GENERAL AND AUTO LIABILITY REGARDING OPERATIONS OF THE NAMED INSURED PER ENDORSEMENT CG D3 16 07 04 AND CA 20 48 02 99 ATTACHED. BLANKET WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY AND WORKERS COMP FORM CG D3 16 07 04 AND WC 99 03 76 ATTACHED. *10 DAY NOTICE OF CANCELLATION FOR NON - PAYMENT OF PREMIUM. K (951)769 -7137 CITY OF BEAUMONT 550 E. 6TH STREET BEAUMONT, CA 92223 ACORD 25 (2001108) INS025 (olos).osa t.A11i1.t LLA I IUIY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Alison Magda /THEMMI © ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Page 2 of 2 INS025 (0108).08a COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A. -H. and J. -N. of this endorsement broaden coverage, and provision 1. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage — Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage — Bodily Injury G. Contractual Liability — Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or In which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. H. Additional Insured — State or Political Subdivisions I. Other Insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury — Assumed by Contract N. Blanket Additional Insured — Lessor of Leased Equipment 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CG D316 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you. or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence ", whether such damage results from: fire, explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract "; S. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work'; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract. or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D316 07 04 "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such "other insurance". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence": a. Medical, surgical, dental, laboratory, x -ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section 11) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): (This insurance does not apply to:) "Bodily in- jury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals com- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission COMMERCIAL GENERAL LIABILITY together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the insured. whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Part F. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY — RAILROADS 1. Paragraph c. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: c. Any easement or license agreement: 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted. H. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS WHO IS AN INSURED (Section 11) is amended to include as an insured any state or political subdi- vision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state or political subdivision; or CG D316 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- cluded in the "products - completed opera- tions hazard ". I. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk. or similar coverage for "your work "; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner, (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos ", or watercraft to the ex- tent not subject to Exclusion g. of Section I — Coverage A Bodily Injury And Property Damage Li- ability; or insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit ". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance ". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and (2) The total of all deductible and self- insured amounts under that "other insurance ". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition Is added to DEFINITIONS (Section V): "Other insurance": (5) That is available to the insured a. Means insurance, or the funding of losses, when the insured is an additional that is provided by, through or on behalf of: Page 4 of 6 Copyright, The Travelers Indemnity Company. 2004 CG D316 07 04 (1) Another insurance company; (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section 111) or the Non cumulation of Per- sonal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section 111) applies; (3) Any risk retention group; (4) Any self - insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk manage- ment method. b. Does not include umbrella insurance, or ex- cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) are amended as follows: 1. In paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. COMMERCIAL GENERAL LIABILITY 2. Notice of an "occurrence' or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your 'executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occur- rence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract ", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of 'per- sonal injury' provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as- CG D316 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract% and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section — Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the in- formation we know about the *occur- rence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the in- demnitee: 3. The third sentence of Paragraph 2 of SUP- PLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily In- jury And Property Damage Liability, or the provisions of Paragraph 2.9.(1) of Section 1 — Coverage B — Personal Injury, Advertising In- jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for "bodily injury" and "property damage ", or damages for "personal injury", and will not re- duce the limits of insurance. 4. This provision M. does not apply if coverage for "personal injury" liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or 'advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to their li- ability for "bodily injury", "property damage ", "per- sonal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense which is committed, after the equipment lease expires. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such "other Insurance". Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D316 07 04 POLICY NUMBER: DT- 810- 5680B564- TCT -08 COMMERCIAL AUTO ISSUE DATE: 09 -18 -08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT, EXECUTED PRIOR TO LOSS AND IN EFFECT DURING THIS POLICY PERIOD, TO NAME AS ADDITIONAL INSURED. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 TRAVELERS J k WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) — 001-/ POLICY NUMBER: (DTEUB- 0685M59 -8 -08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 .0 mium otherwise due on such remuneration. Schedule Person or Organization ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. DATE OF ISSUE: 02 -22 -08 ST ASSIGN: 010211 % of the California workers' compensation pre- Job Description CITY OF BEAUMONT PROJECT PROGRESS REPORT CAPITAL IMPROVEMENT PLAN Source of Redevelopment Agency Funds I Project Name: North Sewer Rehabilitation Phase IV Funds: Contract 3 -3 -09 Contractors: TBU Inc. Date: Const. Budget: $ 664,978.00 Professional Services Subcontractors: A Budget: As per Qualified Contractors Project Start Date: 3 -09 Agreement and CIP Report Period: Work Completed During Report Period: • Prepared Contract documents. Problems or Delays During Report Period: • No delays Change Orders: • No Change Orders Recommendation(s) for City Council Action: Approve and authorize staff, qualified contractors and approved sub - contractors to complete the work. Approved and authorized b.)a _:' -3 -v9 M*r Signature Date of City Council Approval North Sewer Rehab Phase IV NAME OF CONTRACTOR Bid Amount KZC Contruction Inc. $924,436.00 TK Construction $1,289,600.00 Jones Bros Construction $1,229,772.00 Genesis Construction $1,449,475.00 James A. Shirley Construction $984,550.00 Superior Const. $1,275,403.00 Weka Inc. TBU Inc. BRH Garver West Inc. $953,318.00 $664,978.00 $890,930.00 R. Moody Construction $869,250.00 Pacific States Engineering $1,361,357.00 DLSB Incorporated $1,206,875.00 Utah Pacific $1,113,218.00 Nikola Corporation $925,411.00 Apple Valley Construction $1,073,000.00 Cass Construction $1,869,832.75 MCC Equipment $745,268.00 STAFF REPORT Agenda Item -J ` e TO: Mayor and Council Members r� FROM: Department of Public Works' s DATE: March 3, 2009 SUBJECT: North Sewer Rehabilitation Phase IV Background and Analysis: On January 19, 2009 the City Clerk advertised for public bids for the North Sewer Rehabilitation Phase IV. The results of this process produced seventeen bids. Fiscal Impact: There is no impact on the General Funds. This will be funded from Redevelopment Agency Funds. Recommendation: Staff recommends AWARD of North Sewer Rehabilitation Phase IV to TBU Inc., the lowest responsible bidder with a bid of $ 664,978.00 subject to the verification of all bidding requirements by the City Attorney and APPROVAL of the attached project report. NORTH SEWER REHABILITATION PHASE IV SEWER IMPROVEMENT PROJECT PLAN FILE NO. 1830 PROPOSAL DATE FAKI. 30, ZOD ? 1 ESTIMATED LS MOBILIZATION $ pop "� $ p1 ooD , °= ITEM NO. QUANTITY UNIT DESCRIPTION ITEM PRICE TOTAL 1 1 LS MOBILIZATION $ pop "� $ p1 ooD , °= 2 1 LS TRAFFIC CONTROL $ 5 0 00 oo $ S DUb •v0 3 1 LS DUST ABATEMENT AND WATER POLLUTION $ $ Z SCv CONTROL 'z .'!! CONSTRUCT 48" DIA. SEWER MANHOLE (SMH) 4 20 EA PER E.M.W.D. STD. DWG. No. SB -53. MANHOLE $ °•_ t2o, $ LN. COVERS AND FRAMES PER STD. DWG. No. SB -61 pip INSTALL 8" P.V.C. SEWER MAIN, BEDDING AND 5 5,635 LF BACKFILL PER E.M.W.D. STD. DWG. Nos. SB -157 $ )! 4 5. �" �j 53 575 6� & SB -158 is 6 138 EA INSTALL SEWER LATERAL PER RIVERSIDE $ �2 $ io COUNTY STD. DWG. NO. 600 ,3 7 4 EA ABANDON SEWER MAIN OR SEWER MANHOLE $ 8 1 EA INSTALL 8" PLUG 9 138 EA INSTALL BACKFLOW PREVENTION DEVICE 3o 0 ?7 S. Project Total: �I j� 1 .,��Li 6, k4 V„ 4,z- I, L5 U.) P KING 0,-.) g, iRDS " J_o � L2 S 6kA r �5 Specs & Contracts Sewer Rehab Ph - IV Page 9 of 35 f i hCRhCR e�3 it 7 w W � w _� a Jill f Of Milli s �; •(,t�_ ; ; g oil SHP- fag '� S S g JE �� �� �• � � �,�� 1 m � � � � � y } � $,ram �:��^ is loll €8�� a ii LQ a • y '�$ #S_EcSeEa �gy gm Zg jig I g = m�g3aS pYTa W V o O Y• S 4Dgg y� i 'G• !� n s .W. m& m m a A _E s O � c G b$ a < w f i i� {` � Op11i• �rr ,W tf ;+ a7�� wgQ O J ° _ °� Q� SAS it "w 8333EE f°�m� q $aa•P yg F+ m�uwiUm mg d°� n8 ,� -'fig n w� Uj b y $ a t/1 E 59 iiq .� `n S N '�� om; ° 'yl�'w. AIL °ylll �w p� Y �iw m.2 z+fD 2�! p���£$ e��` • �� 15 xx t� � age; yC2}��'= aS� $a °��a •� �` �ogmpea � �` � xaaC���$ wygafm2� E a � � o o� � � � °' �� {yt f i hCRhCR e�3 it 7 w W � w _� a Jill f Of Milli s �; •(,t�_ ; ; g oil SHP- fag '� S S g JE �� �� �• � � �,�� 1 m � � � � � y } � $,ram �:��^ is loll €8�� a ii LQ a • y '�$ #S_EcSeEa �gy gm Zg jig I g = m�g3aS �� � gamy oar raan�r rvW� <I rraal�q.: • .a,.a, lea e Ne» t® MeM i q 111 PTA Ter f �ae/ni »i iMw»rwn�w am ..obi. en rw • 5e ate aMa N ells Iurw ueee "� � _� N • M Srr.,m aengrwam w bryry erg biMl.lrm Ida'..t1 �- �TT.�i -stew INm+n r.irwwnrY,x..cnY . �� -lwv vrya. iaer a4a caNt, Na, r.Y w.e La, veea+_Yv ..0-.1.' Maew{ser .nwe . • rvd e :. lea S:Yr Wo M! le 1'w +�t0.'�.l�rn.M, cater bile drwG •...:. <.. nsnss:v�e uYrsd....2!r,.•. �iie�vres� �..M�.N}edr e Me w NNawrile Rica Mr�i - N� tNa.,aa clean ur, r rayw 9u,l.w all ��. *TWLL.ta �Y . leMNaa eYeMraeaa e�..+..»... aN1e nr....n e� ai ieno rew.naa.e.r ion a�eN re alma tote rusk {t eefleeela Nee r �tOaraaeriw a'eaeQ P ► 0 0 5 I'll iN7 (888} 814.0513 a FAX (888) 478.7703 SSSSSI�SI�0IPSIS SUI CONTRACMAS a SUPPLIERS FOIL L1AmAInCCMSAnS11N ga�ga Wate"ar �ONSeIeTrNy Ma+ld BID LATE: JANUNIV 27, 2009 AT 200P.M. W w sddlry Otde b UddY N rd I1raMq: Adraa/aI�pey�, wvsRrs�dentat.a.muH..+gACRNtet oinew OMmBarnxin ois LnraTkb.e.Nararreera AivW�atatff�Gkdr ¢Rnp9linMkelWldlFkadY MaOaysta RbM.RP. Ssw69d Mtds6llrrvaust116 A i L /IIOEASNII, HIM 1mNfAatnie4 aura surd seawALMUTCtELK, a sea rrrSm.ENiewhra 1SL67LS79r Sw ha SMJKSIM aeE{ E1aNrledeaYaearrearre4larrrraoaAreerw Mglb •esker dnwNrMat � ^�aaYiyMr�^i�wetwbi+Urref Gnrriaal rcarrrrr Y paanaare awMrraeYNrerraereMM k• ele6MitAL� /Mraiiffy.N/ra�lwarpraeatlrM.IrYngp aaraa rw lees aY WLLln P,bAi�a GllwinaeenM rse�rarwirare Npr Aver aawSAi A Mar. awaYrnrr ,rMrbaYlerdfPir,dealyisww.ra. �«rr Taarwwewr bAaw.Growrmnamtbw{eaww(AM• «.ieir.,...errwr.rrrmanrrwrr ttfpreeur gIW.l Nabae{eaee� "�"�°"REQUEST FORBIDS I swaMArai�*wlir 1 Rem" tar —saw term eaPicWy ram moffW DOEMVEI%MWVM and SSE firer In aubal qjanscalove elelanwas b PrabNelrw Slruvices Rim - tthe P.00 clean erarrWtr = Pr°Ma amenaPmai Cone fusion carer a Risk Los Angle Iniona Barn Arpmt No. PK- Ti1D1-0WPev VAat Geri A copy at the RFp is available t -line at the loo Angers 11-1— Assistance, VVILIM Nskeak (hF**aanN pals n0ry ) MDE&%WASE hen must P-1611 Peel Of — Wkation tYepta6li to tne City of Fns Aneera ReepenesslUSTMeteIPlelsenlsM Illy aOlPn ask MrdeAalefSS. Interred Anne MUST ont Plea 00 araMe Pm4AW" Wn wreeeorvrske. Access b air aFbra W ialar meet be done era Snan Kenneft Siren acceerecund b: a— Neue'edr, Austin Cor00emel 201 Er tlrM 06,r, wile 100 PhNrba AZ OWN OM-67-1751 OW" SM.' YW.l679 Fax Ibd all WaMWArSn Ica a Waken , WalbdeF arh many Waders In Ine It - sae and wreN irdulry We Rill k:soa0ce WEFANW -AM fir— r Nrur- anw Nxurrr and aware. and mNbron a— F PMPereae^ of the app - pdar doclumms needed to oblskr brrsktg and Nwmance_ vunMACMMEEUME bmrwtsd hone an sus iawd In sand a Lrorrlr u-sy 0ussecn ara:np hooted by WAWAarw yin r. w27 -ylM kemsen- 6wnMae BwLntet Fa adAiwnM autresrJn ewd 90ei1wr. yN may contet AMTeaa Gonal vW aural YMaWOats'tlMrra'bL� FOE SIDS FCI / Fluor I Parsaro. J. V. (FFP) Ibis accept bids al 707 WYShin BdrWard. Suhe 34M Los Angeles, CaMOmte 90017- 3720, or by lax at (213) 213.5956 nIM 2:00 P.M. POST w Thasdeth Febnary 12 , 2DOO, for Segmaa B Inerman" Shr Lipbteg and TraMC 8911115 w the MMdCOVErpNNon Light Rail Lila Project. The aseoeMad bddrg donuneMs may be donnbaded from the FFP wobefN at OPPMkMWAW"5*9 of Adverdand Projects. In order to be whiled about dtengN m bid bkvmstion you NrMt mgkM an a dodaner9 hdda. PnospecIrve bid- dm may site request a CD-ROM 0ordabbg the documents from FFP at the absn a0dma. NOTE TKAT ALL SUBCONTRACTORS BIDNMIfi WORK MOST BE UPON. FFP ENCOURAGM ORMNANMSE SUSS !' N 01111014 It Von have any questiae abed accessing On bid padege, Prase Nat ken Salrna as 213- 243-SM RFCCUSTRUCFWKW. r."Na" eels la MMae r ry ask ass uew as r 1r1..Iw PNleea GwdCw": A:l0.elrNYJ6tkkeb4Fa. OWABC PIapo Tin s6we 6611 Ora:R."ONavin err d Amde BIDS DUE FESAUARY S. 2009 AT 1:00 P.Y. IMOTI SueFlie a . swriaa :bias, ens rd tined ter Akw L1yd+g,Brtldnlr mftcdbo rtY,l mbowdw Ad ftwwiw" FTi OONulnewTiNa LNC 1 ti f ou TN aa1K oraSeL mNPa. Ab eMN — :eec— w.as- FaWMp11N7SN Pb"*4"q T84'M* F1FCOUBZIRCTNK MM r. P .nnaPrr�er.rwalNw.MlrrwrrRrwafN taF Cty 01 ftm310AAI MAaRaterAte - fteewAsk Paled NM BMH M715MI IO055 Q"Olm MPI Oq,dRMW Anawa BIOS DUE FearuaT, 3.2009 At 7:60 t�yO�rdyeui�tYrdar�+Lry Sn{Ywa6�sayo�enyA m rAnd LmnMa 1ik llplr, Ca�OrOwrµ MedNtitieNbO��er PNF �TMIINT10Ne IP/N 119 AOUTII AIM anM1CTEMPP -' M"I ��arrYest~`errrrrb4°°a NOTICE MVITMO SEALED 908 CRY OF BRAUYORT SEWER FoutaMirriur Npitim IS PHASE Of NOTICE IS HEREBY GIVEN that the City of Seatamid, so" by and UYarph M Gly Counea, ltersirnaRr wMnd te N tie Ciy, vi1 eeeskr up to. W not Mr ow, I%ffsd t Fyyuay 12. 2009 alt 1:00 s.m., NaW bids ter Ihe Sewer Rehabi9a5m Projects. Phu N, M,he Clty d BeaurroaL Ceek is. A marnaela7 pm4ed reenting sell be hddTuand a FdWUan 3, 2008. 11:00 a at City Hal, 550 East SON Small. Beaumont. Roam 2. 9fd Pmposse ai not be accepted from any PONMW beder Rile did rot anand or Wash inn the doe ion d the mndamrl, I ^Nit^9� Bids shes be recakrd in to OMia d the Public: VAare Direct«. 550 East OM Sheet. Beaumont. CA 9=1 and shall be publicly opened and read abed at ON steend done all place. ' Ead• bid mural condom and be raaPonsim to the bid pdhcstbs• copies of vbkJr are nor en We all Whey be obuwwd ban se P bk Works Dapabn&K 550 East ugh Shea, SNntont, CA 94223. tale - plrars ( 951) 7WS520, by obis" them in parson ady ten 6 rwF rehaWMe M d 6125.06. A2 potential bidders are squired to haw a Close •uY Contractors Lksrwae1edrn dbudveornWlim- The City rater N the rgM to food any or AM bear or to "W any W"uUdtee ol kdam Pion b all bids «in the - -' I VOCUS. Any biaM mgLwm shad be Doha in wailing ell sea hY Motes" b the city of BeMnwd, At endw Ponca Ysmbd. at (%1) 781 AN said kgadee shad rslaNUn the appmpriale spacification "olk. NOTICE MPoRls10SEALED SINS CRY OF @EAUMONF STREET NPMNBNNM ATRAFFIC SIGNAL SNTALLATKIN At Fbq SSaa-11161-gill ' Splkye Avwm NOTICE AS HERESY GIVEN that the City Of 9"WORI. adbg by end di oupl As City Coonck herekwMa nelen to as the Cy, WE receive up to, W not IoM then. Th Lnft February 12, 2009 at 10:00 a.m., aea,aA hide Im Simst Nagowma ds and TWft SV W ketesakon at Me Nea,,Nson d Fiat Skagit and Fsglard Springs Avenue s1 the Cly of BNrnnorn. Cabs ia. A ma array pwbid mrkrg will be hold Tumbet. Fabnwy 3r 2009. 10:00 — at CM slab. 550 Eeat Mh Suet. Beaumont, Room 2. Bid Proposals; will not be accepted hour any potential bWda who did not aaam6 or remain for the dnatlpl of the mandatory pre -bid rnse*q. Bds shell be reconed in the OOke ol the Public Wake Okedor. 550 East 80t Skeet, Swe"ont. CA 92223, and shall be pudfcly Donned and mad akwdl at tee attend tin and pence. Each bid must oonbrm all bet respinsim to the bid spadlcakaM. copies d Whfdt arc now on 1'de all m.V be Obtebad hen Ore PLb tc Works Dpmtn*K 550 East 651 Stud. BNlemOrd. CA 92223, Tow Phone ( 0 780-115M, by obtaining then ken person a for • non- rehlndeb4 be d 6125.00. All potential bidders am nquintl to have a CINa'A7 Contractor's Licrw at the sae of ad s bmiMINM The City reNws the right to rated a" a an Mds a 10 wets my irregularities of veoraatlen b any hide or n the bNdng prOaN. Any biddy nPilm shah be dome k1 writing and me by Wcau kle, to the CRY of 8"lanord. Attention pbrnce Va1bd, at (951) 780-9822. AN said unpukbs shop referance the SPINWINte Wsdhca9wn section P6N_TUIORTBRAGIEYYSEST JY w RESPDNM ro TN1 aim v tins ANBatDL LOB ANM3ES aOMD AIRPORT s love*. rP10Nrr. WOYA1tNq 011[fl 91ENf3S B/f91PMSE iMSFA16601E1 PWGRMI REl71�TS OYWFIh91011 YFOMMIIOI fAOM ABEME9OIF M11LOT4 SIa1ANr5R1QK UD PRWM PROFE85CRAL SBWCM ON THE SRAOIEYMESTBRIlS QLOSAN06lSNRaa/g1aLAWPM MEDtMSr troll PAtTPOSK S6 PK -IE a Mg I3MMFM Mnlr420a S211PM 01813R4W RD Do a" w (INS 3F2.63a (ML OtIIFII 0111111) • N/E 3IM4129 LFM) rELUaN, BUT NOT LIMITED ID. THE FOLLOWMQ PROFESSIONAL GENI M: CUNSIMICTDRMWNEIE QM AM PA" DUN." ASMIRANCE4 O NUTY CONNOL SOEDOINB NMEBUMeq ML WP DOCAIBB6N O ABREO DOOPENB NOIDWGUESTGNSAND MISKM AIE PWM M, Mb DOM10ADeME RgM TLE CITY OF LDS ANOEIES Wisal 5ASSWMICE yWR1a NETSOTN1yBSFIE: VNMAI1NL015i THE AM DOCUMENTS Ma MS061 VIEWED POMSdU1011S8ADM WW JSS OF14CE M I9ar OLDEN ST. 11"AIN1.CA- owwT ROGER IEAIUR • we 3u4m PEIM► IUFORaIAaEYTIIiiJEMEAD6T000NON .T n68i N GOOD FNM WIM LEBNMGOIES i[GARarO NYi11t W O�Otf OF TYS PROTECT NM: ASINIANCEWLL SE INYRI N 0eVA N866NDM, LINES OF CrEOT ANDPDRI#RNV ICE 01/29/2009 THU 11:55 FAI 9513689018 Legal / Obits 1003/003 THE PRESS — ENTERPRISE 3450 Fourteenth Street Riverside CA 925013878 951 - 684 -1200 951- 36&9018 FAX PROOF OF PUBLICATION (2010,201&5 C.C.P.) PROOF OF PUBLICATION OF Ad Oeac.: Sewer Rehab. Project Phase IV I am a citizen of the Unrced States. I am over the ago of eighteen years and rat a party to or interested in the above entitled matter. 1 am an authodaed repre- sentative of THE PRESS - ENTERPRISE, a newspa- per of general circulation, printed and publialted daily In the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, Stale of CaiiWmia, under daze of April 25,1952, Case Number 54446, under date of March 29,1957, Case Number 65873 and under date of August 26, 1995, Case Number 267864, that the notice, of which the annexed is a printed copy, has been pubished in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wir 01 -19.09 01 -26-09 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Oate; Jan. 26, 2009 At: Riverside, Caltomia BEAUMONT, CITY OF J LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad # 9664129 PO #: Agency # — Ad Copy: AM WNW OM be daM TWO r: 41WI MbykedniCtN6e P. ( 1, ANr�AId au%bao7 wf�nnatin a nor a,4br Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, March 3, 2009 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. a Street during normal business hours" WORKSHOP SESSION (This is the portion of the agenda where the city council can review documents and receive clarification on item to be heard on current or future agendas) Workshop began at 4:00 p.m. Place: Civic Center, Room 5 1) US Census 2010 2) Solar Energy Items included in the workshop session are for discussion purposes only. No action by the city council is taken at this time. This portion of the agenda is to give input and receive clarification for items on the scheduled agenda or for future agenda's. CLOSED SESSION No Action Taken Closed Session began at 5:00 p.m. Place: Civic Center Conference Room Roll Call: Mayor Fox, Mayor Pro Tern Dressel, Council Member Berg, Council Member DeForge, Council Member Gall were present. a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator — City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property Generally Located at: 1. Government Code Section 54956.8 — 4"' Street & Beaumont Avenue C. Pursuant to Government Code Section 54956.9(a) - Anticipated Litigation — Conference with Legal Counsel — Existing Litigation(Government Code 54956.9) 1. Outdoor Media Group, Inc. vs. City of Beaumont — Case No. ED CV 03-01461 RT SGLx 2. Peters vs. City — Case No. RIC 467388 3. Beaumont Citizens for Responsible Growth vs. City of Beaumont Case No. RIC 518058 REGULAR SESSION Regular Session began at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor Fox, Mayor Pro Tern Dressel, Council Member Berg, Council Member DeForge, Council Member Gall were present. Invocation: Council Member DeForge Pledge of Allegiance: Council Member DeForge Presentation: None Adjustments to Agenda: Motion by Council Member Berg, Seconded by Council Member Dressel to add the American Recovery and Reinvestment Act of 2009 to the agenda for consideration. Vote: 5/0 ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s) wishing to speak must fill out a "Request to Speak Form" and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. Pastor Joe McKee — House of Gratitude Mark Emerson — House of Gratitude Carl Ralston — House of Gratitude House of Gratitude will return to do a presentation for City Council once they have been established and approved by the City. (end of April) 1. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor Fox — Veteran's Affair update b) Mayor Pro Tern Dressel - None c) Council Member Berg — RCTC Update d) Council Member DeForge - None e) Council Member Gall — None 2. CITY MANAGER REPORTS a. Community Information Update b. Local Project Update 1) Community Recreation Center Update C. Calendar of Events 1) Second and Third Wednesday of Each Month — Story Time Cafe 2) March 14 and 15, 2009 - Baker 2 Vegas Challenge Cup Relay Run 3) March 19, 2009 — Faith and Justice Summit 4) March 27, 2009 — Redlands Bike Classic 5) April 4, 2009 Pass Area Law Enforcement Torch Run for Special Olympics 6) April 18 & 19, 2009 - Relay for Life — Sports Park 7) May 7, 2009 — State of the City (Four Season) d. Financial Update e. What's That and Rumor Control f. Report on Oral and Written Communications (City Manager) 1) Street Lighting Actions on California Avenue 3. CONSENT CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary. b. Approval of the Minutes of the City Council Meeting February 17, 2009. C. Approval of the Warrant List for March 3, 2009. d. Adopt of Ordinance No. 948 at its second reading — An Ordinance of the City Council of the City of Beaumont, California Repealing Ordinance No. 944, An Un- Codified Ordinance Adopting the Downtown Specific Plan. e. Approval of North Sewer Rehabilitation Phase IV f. Approval of Street Improvement & Traffic Signal Installation (1,t & Highland Springs) g. Approval of Proposal from Riverside Land Conservancy for Open Space. h. Award change Order for Noble Creek Bridge i. Approval of Purchase of Solar Powered Wireless Flashing Beacon. j. Approval of a one year extension of time on Tentative Tract Map Mo. 33079 (East of Orchard Heights Avenue, South of Norman Rd.) k. Approval for an Alert AM Emergency Advisory Radio System. I. Approval of the Installation of Two Barrier Gates and Bollards on Brookside west of Beaumont Avenue. Recommendation: Approval of the Consent Calendar as presented. Motion by Council Member DeForge, Seconded by council Member Dressel to approve the Consent Calendar as presented. Vote: 5/0 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS a. Amendment No. 3 to the Joint Exercise of Powers Agreement Creating the Western Riverside County Regional Conservation Authority (RCA) Recommendation: Hold a Public Hearing and Approve Amendment No. 3 to the JPA with Riverside County Regional Conservation Authority. Open Public Hearing 6:24 p.m. No Speakers Closed Public Hearing 6:24 p.m. Motion by Council Member Berg, Seconded by Council Member DeForge to approve as presented. Vote: 5/0 b. American Recovery and Reinvestment Act of 2009 Recommendation: Review the proposed programs and allow the City Manager to submit applications for the American Recovery and Reinvested Act of 2009. Staff report was given by Kyle Warsinski, Staff Planner. Motion by Council Member Berg, Seconded by Gall to authorize the City Manager to submit the application for the American Recovery and Reinvested Act of 2009. Vote: 5/0 Council Member Gall left the meeting to attend a School District Meeting at 6:26p.m. C. Homeownership Education Learning Program (HELP) Recommendation: Review the Proposed Program and Direct Staff. Staff report was given by Kyle Warsinski, Staff Planner. Speakers: Chris Sorenson John Russo No Action Taken the City Council Meeting at 7:15 p.m. Re e y Su d, Ian Kapan s City Manager Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951 - 769 -8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability- related modification or accommodation CITY OF BEAUMONT INDEPENDENT C NTRACT R'S CHANGE ORDER (Project Title: North Sewer Rehab Phase IV) CHANGE ORDER NO.: 1 CHANGE ORDER DATE: January 19, 2010 CONTRACT DATE: March 3, 2009 CONTRACTOR: Name: TBU Inc. Address: 240 Maple Ave., Suite A Beaumont, CA 92223 Telephone: (951) 769 0647 THIS CHANGE ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and TBU Inc. ( "CONTRACTOR ") dated March 25, 2009(the "AGREEMENT "). 1. Change to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following change (choose and check one): See Exhibit "A ", attached hereto _X_ Description of Change: Additional quantities of work is required for the completion of the Project as per the original contract and rates. Total Change order Amount of $ 80,482.70 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 5 days of the date this Change Order is signed by the OWNER and shall complete performance of such services within 120 working days. 3. Liaison of OWNER. Mr_ Rob Owen shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Change Order: (Check if this Paragraph 4 Not Applicable: Pagel of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: (Check if this Paragraph 5 Not Applicable: X� 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Change Order, CONTRACTOR shall receive a sum of $ 80,482.70 payable as follows: progress payments less 10'/o retention until job completion. 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) _ shall/ _X_shall not /be entitled to reimbursement for expenses. If authorized by this Change Order, reimbursable expenses shall be limited to: S. Miscellaneous Matters. The following additional matters are made a part of this Change Order (choose and check one): X Not applicable See Exhibit "A ", attached hereto; or Description: IN WITNESS WHEREOF, the parties have executed this Change Order on the date indicated below. Dated: Dated: I, Z 5' 2,01 CITY OF BEAUMONT B y �6 f J Title Page 2 of 2 City of Beaumont CHANGE ORDER & TASK ORDER AUTHORIZATION REQUEST Existing Public Works Contracts NAME OF PROJECT: North Sewer Rehab Phase IV FUNDING SOURCE: Redevelopment Agency Funds CONTRACTOR: TBU Inc. CHANGE ORDER NO. 01 PROJECT NO. 08-11172-B (internal use) CONTRACT DATE: March 3, 2009 CONTRACT AMOUNT: $ 664,978.00 1. TYPE OF CHANGE ORDER (check one): xI ADDITIVE E DEDUCTIVE 2. AMOUNT OF CHANGE ORDER: $ 80,482.70 3. REASON FOR CHANGE ORDER: Additional quantity of work is required for the completion of the Project 4. WHO MUST AUTHORIZE: City Manager: a. For contracts of $50,000 dollars or less, a change or cumulative change shall not exceed the total of $5,000.00 dollars. b. For contracts of more than $50,000.00 but less than $250,000.00, a change or cumulative changes shall not exceed a total of 10% or the original contract amount. c. For contracts of $250,000.00 or more, a change order or cumulative change orders shall not exceed $25,000.00 plus 2% of the original contract in excess of $250,000.00. x City Council: for change orders which exceed the City Manager's authority. TASK ORDER NO. 1. DESCRIPTION OF WORK: 2. AMOUNT OF TASK ORDER: $ 3. QUALIFIED TASK (check one): YES NO 4. UNIT PRICING CONFORMS TO CONTRACT (check one): JI YES NO I have reviewed and prepared this change order / task order request in accordance with Beaumont Municipal Code: Title 3 - Section 3.02., Public Works Director z Date: City Attorney: Date: AUTHORIZATION City Manager: Date: Mayor (as applies):� Date: CITY OF BEAUMONT PROJECT PROGRESS REPORT CAPITAL IMPROVEMENT PLAN Source of Project Name: North Sewer Rehab Phase IV Funds: Redevelopment Agency Funds Contract January 19, 2010 Contractor: TBU Inc. Date: Const. Budget: $ 664,978.00 Subcontractors: See CEP Qualified Contractors List A &E Budget: As per approved contractor agreement Project Start Date: March 2009 Report Period: December 2009 Work Completed During Report Period: Contractor has completed the project. Problems or Delays During Report Period: There were not any problems or delays during this report period. Change Orders: • Additional quantities of work is required for the completion of the Project. • Total Change order Amount of $ 80,482.70 Recommendation(s) for City Council Action: Approve the change order agreement as per the original contract, bid document quantities and rates. R ort Su mi January 19,20 10 City Manager Signature Date of City Council Approval Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California Regular Session (6:00 p.m.) Tuesday, January 19, 2010 "Materials related to an Rem on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6"' Street during normal business hours" I REGULAR SESSION Regular Session began at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor Fox, Mayor Pro Tern Dressel, Council Member Berg, Council Member DeForge, and Council Member Gall were present. Invocation: Council Member DeForge Pledge of Allegiance: Council Member DeForge • Introduction of New Public Affairs Manager, Jennifer Menjivas Presentation: with SCE — by Lin Juniper • SCE Check Presentation for Mesa Lift Station & Civic Center Lighting — Jennifer Menjivar Adjustments to Agenda: Council requested that Item 4.c - Reorganization of the Beaumont City Council & Committees be moved to item 4.a on the agenda. ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that Rem. All person(s) wishing to speak must fill out a "Request to Speak Form" and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. I. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor Fox - Pass Transit assisted 29 Palms Marines in transportation back to base, Thank you to Staff for everything during his time as the Mayor b) Mayor Pro Tem Dressel - Nothing to report c) Council Member Berg - RCTC Reorganization d) Council Member DeForge - Chamber Mixer, Ad Hoc Committee Meeting, Award Dinner, East Valley Board of Realtors, Pass Historical Society Museum e) Council Member Gall - Thank you to the City Manager, Alan Kapanicas for sending out the letter in regards to the flooding in front of Beaumont High School. I . CITY MANAGER REPORTS a. Community Information Update 1) Effective Communication (Core Values) a) Twitter b) Website C) Face Book 2) Transportation & Road improvement Update a) Seneca Springs Transit Route b) Golf Cart Routes 3) Sustainability Update a) UCR Coordinated Programs and Internship b. Local Project Update 1) Concerts in the Park Series 2) Spark of Love — Fire Department Toy Drive 3) Cops in Shops 4) Holiday Events Update C. Financial Update 1) Economic Stimulus Plan Update d. Calendar of Events 1) March 26, 2010 — Redlands Bike Classic — Beaumont Circuit 2) April 17 — 18, 2010 Baker to Vegas Run 3) May — Breezin through Beaumont 5k run 4) Second and Third Wednesday of Each Month — Story Time Cafe e. Rumor Control, and Report on Oral and Written Communications 2. CONSENT CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary. b. Approval of the Minutes of the City Council Meeting December 15, 2009. C. Approval of the Warrant List for January 19, 2010 d. Approval of Fee Waiver Request for Redlands Bike Classic e. Approval of Plans, Specification, and Contract Documents for Groundwater Monitoring Station Project for the San Timoteo Creek Well and Authorization for the City Clerk to Advertise for Public Bids; and Approval of Task Order No. 2 subject to the Authority of the City Attorney's approval. f. Acceptance of a Proposal to enroll the City's Wastewater Treatment Plant in Southern California Edison's Demand Response Program. g. Adoption of Resolution 2010 -01 —A Resolution of the City Council of the City of Beaumont Establishing Fees by the Animal Care Services Department for Animal Licensing and Special Services and Repeal Resolution No. 2008 -10 and All Other Resolutions in Conflict. h. Approval of Request for a three year time extension for Plot Plan 06 -PP -16 (Location East of Xenia Avenue and South of Eighth Street). L Denial of Claim — Rosa Bogarin — (Tow Charges) j. Denial of Claim — Mario Linares — (Tow Charges) k. Approval of Subdivision Agreements for Tract Map No. 31519 -1 Located at the South of Highland Springs Avenue and West of First Street — Seneca Springs. I. Approval of Proposed Change Order for Street Improvements & Traffic Signal Installation for 1 st and Highland Springs Avenue the project Progress Report and Authorization for the Mayor to execute the Change Order. M. Approval of Change Order to North Sewer Rehab Phase IV and the project Progress Report and Authorization for the Mayor to execute the Change Order. Recommendation: Approval of the Consent Calendar as presented. Council Member Gall requested that item If be pulled for discussion. Council Member Berg requested that item 3.i and 3.j be pulled for discussion. Motion by Council Member DeForge, Seconded by Council Member Dressel to approve the remainder of the agenda as presented. Vote: 5/0 Discussion on item 3 f, i, j took place. Motion by Council Member Berg, Seconded by Council Member Gall to approve items 3 f, i, and j of the consent calendar as presented. Vote: 5/0 3. ACTION ITEMSIPUBLIC HEARING /REQUESTS a. Resolution Supporting the Desert Bill "A Resolution of the City Council of the City of Beaumont Supporting Wilderness, Wild and Scenic Rivers, National Monuments, and National Park and Preserve Additions in the California Desert" Recommendation: Review and 1) Adopt Resolution No. 2010 -02; or 2) Direct Staff. Alan Kapanicas, City Manager gave the Staff Report Motion by Council Member Gall, No second Motion by Council Member Fox, Seconded by Council Member Berg to continue and ask Feinstein`s office to attend a Council Meeting and supply a presentation. Vote: 5/0 b. Selection of Advisory Committee Members for the Southwest Overlay (SWO) — Live, Work, Play Zone located South of 0 street, East of Olive Avenue, West of Elm Avenue and North of 2nd Street. Recommendation: 1) Appoint Members of this Committee; 2) Establish the first meeting time for this committee. Staff report was given by Chris Tracy, Staff Planner Speakers: Leslie Rios - Wants to sit on the Advisory Committee as a community Representative Susan Campbell - Property Owner - Wants to sit on the Advisory Committee Debbie Knox Snow - Wants to sit on the Advisory Committee Victor Dominguez - Nominate Leslie Rios for the Committee City Council appointed Planning Commissioner Brenda Knight, Planning Commissioner Paul St. Martin, Property owners Mr. Medina, Mrs. Snow, Mrs. Campbell and Mr. Rios to sit on the Committee. C. Annual Reorganization of the Beaumont City Council & Committees Recommendation: Entertain Nominations for the positions of Mayor and Mayor Pro Tem and Authorize the Mayor to make Appointments to the Various Boards, Commissions, and Committees. Nomination by Council Member Dressel to appoint Council Member DeForge as Mayor and Council Member Berg as Mayor Pro Tem. No Other Nomination Vote: 5/0 Adjournment of the City Council Meeting at 7:35 p.m. City Manager