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C10-10 - INTERNATIONAL PAVING SERVICESSECTION D AGREEMENT Public Works Contract THIS AGREEMENT, made and entered into this 4th day of May 2010 in the County of Riverside, State of California, by and between the City of Beaumont, a municipal corporation (hereafter "Owner ") and, International Paving SE(hereinafter = "Contractor"). WHEREAS, the City Council of the City of Beaumont at a meeting held on the 4th day of May, 2010 authorized the Mayor and City Clerk to enter into this Agreement NOW, THEREFORE, it is hereby agreed by and between the parties that: Defined Terms 1.1 Terms used in this Agreement which are defined in the General Provisions and Special Provisions have the meaning assigned to them in the General Provisions and Special Provisions of the Contract Documents and Specifications. 2. Scope of Work 2.1 The Contractor shall furnish all of the labor, materials, tools, equipment, services and transportation necessary to perform all of the work described as follows: First and Second Street Marketplace Repair including weed abatement 2.2 The Contractor shall perform all of the work in strict accordance with the Contract Documents as enumerated in Article 8 hereof. 2.3 The Contractor shall be liable to the Owner for any damages arising from, or as a result of, a failure to fully comply with the Contract Documents. Contractor shall not be excused with respect to any failure to so comply by any act or omission of the Owner, its officers, employees or agents, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Contract Documents. 3. Schedule 3.1 The Contractor shall commence the work on the date stated in the Notice to Proceed and shall diligently pursue the work to completion within sixty working days thereafter, and upon the work schedule, if any, as specified in the Special Provisions, except as such time may be extended in writing by the Owner in accordance with the Specifications, time being of the essence. 4. Liquidated Damages 4.1 If the Contractor fails to complete the work, or any portion thereof, within the time period required by Article 3 herein or as duly extended in writing by the Owner, he shall forfeit and pay to the Owner, as liquidated damages, the sum of $500.00 per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. The liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract. [Govt C. Sec. 53069.85] Progress payments made by the Owner after the above specified completion date shall not constitute a waiver of liquidated damages by the Owner. Contract Price 5.1 The Owner shall pay to the Contractor as full consideration for the faithful performance of the contract entered into by this Agreement, subject to any additions or deductions as provided in the Contract Documents the sum of One Hundred and Sixty Eight Thousand and sixty dollars ($ 168,060.00) , said sum being the total amount of the amounts stipulated in the Contractor's Proposal per basin. 6. Payments 6.1 If the Special Provisions do not provide for progress payments, the Contractor shall be paid within 45 days after Contractor furnishes Owner with a release of all undisputed contract amounts, if required by Owner, and final acceptance of the work by the City Council. 6.2 If progress payments are to be made pursuant to the Special Provisions, Contractor shall submit the required monthly statement to the Engineer commencing on the 10th day of month after the Owner issues the Notice To Proceed and, if required by the Engineer, a release of all undisputed contract amounts related to said statement. 6.3 In the event there is any claim specifically excluded by Contractor from the operation of the release, there shall be retained by Owner an amount not to exceed the amount of the disputed claim. [P.C.C. Sec. 7100] Legal Requirements 7.1 Pursuant to California Labor Code Section 1810, et seq., eight (8) hours labor constitutes a legal day's work. Contractor shall forfeit as a penalty to Owner the sum of $25.00 for each worker employed in the execution of the contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code Section 1815. [Labor Code Sec. 1813] 7.2 (A) copies of the determination of the Director of the Department of Industrial Relations of the rate of per diem wages for each craft, classification or type of worker needed to execute the contract are on file in, and available at, the office of the City of Beaumont city Clerk 550 E. Sixth Street, Beaumont, CA 92223. [Labor Code Sec. 1773.2] (B) The Contractor shall post at the work site, for the duration of the contract, a copy of the determination of the specified prevailing rate of per diem wages. [Labor Code Sec. 1773.2] (C) The Contractor, and any subcontractor, under the Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. [Labor Code Sec. 1771 ] The Contractor shall have responsibility for compliance with California Labor Code Section 1776 relative to the retention and inspection of payroll records. [Labor Code Sec. 1776] 7.3 The Owner shall withhold penalties and forfeitures from payments due to the Contract for noncompliance with the California Labor Code. [Labor Code Sec. 1727] 7.4 Nothing in this contract shall prevent the Contractor or any subcontractor from employing properly registered apprentices in the execution of the contract. The Contractor shall have responsibility for compliance with California Labor Code Section 1777.5 for all apprentice occupations. [Labor Code Sec. 1777.5] 7.5 Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in the employment of persons upon the work because of the race, religious creed, color, national origin, ancestry, physical handicap, medical conditions, marital status or sex of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section. [Labor Code Sec. 1735] 7.6 Contractor shall, at Contractor's sole expense, obtain all necessary permits and licenses for the work and give all necessary notices and pay all fees and taxes required by law. 8. Contract Documents and Specifications 8.1 The contract entered into by this Agreement consists of the following Contract Documents and Specifications, all of, which are component parts of the contract as is herein set forth in full or attached hereto: Proposal, as accepted Agreement (Public Works Contract) Contractor's Certificate Regarding Workers' Compensation 9. Independent Contractor 9.1 The Contractor is and shall at all times remain as to the Owner a wholly- independent Contractor. Neither the Owner nor any of its officers, employees, or agents shall have control over the conduct of the Contractor or any of the Contractors officers, employees, servants, agents or subcontractors, except as set forth in the Contract Documents and Specifications. The Contractor shall not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors, are in any manner officers, employees, agents or subcontractors of the Owner. 10. Indemnification 10.1 The Contractor hereby agrees to indemnify, defend and hold harmless the Owner, and its officers, employees, servants and agents from and against any and all claims, liability, loss, damage, cost, and expense, including court costs and attorneys' fees, whether or not litigation be commenced, of whatever nature or type, that the Owner or any of its officers, employees or agents, may hereinafter suffer, incur, be put to pay or lay out by reason of: (A) Any injury or death to any person or damage to any property sustained or alleged to have been sustained as a result of the work, or the performance thereof, contemplated hereby, or any defect in material, equipment or workmanship that becomes evident within one year after the date of recordation for the notice of completion. (B) Any other act or omission of the Contractor, its agents, representatives or other persons who are at any time engaged in the course of work or in the repair, replacement or restoration of any portion of the work made necessary by any defect in material or workmanship including, but not limited to, subcontractors, laborers, materialism and suppliers; or (C) Any breach or default of the Contractor in the performance of its obligations hereunder. 10.2 The aforesaid Indemnification and Held Harmless Agreement shall not include any claims of liability arising from the established sole negligence of willful misconduct of the Owner or its officers, employees, servants or agents. 10.3 The aforesaid Indemnification and Held Harmless Agreement shall apply regardless of whether or not the insurance policies specified in this agreement or other Contract Document shall have been determined to be applicable to the claim, liability, loss, damage, cost or expense. 11. Insurance 11.1 Contractor shall not commence the work until he shall have purchased, at his sole expense, from one or more good and responsible companies doing insurance business in the State of California and shall have furnished to the City Clerk certificates of all insurance required under this Article and such insurance shall have been approved by the Owner as to form, amount and terms; nor shall Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required on the subcontractor shall have been so obtained and approved. Each such policy of insurance shall be maintained in full force and effect for the duration of the contract and shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation or amendment of the policy for any reason whatsoever, the City Clerk shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before the expiration, cancellation or amendment is effective. 11.2 Contractor, and every subcontractor, shall provide comprehensive liability insurance in which the Owner is the named insured or is named as an additional insured. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: (A) Insure the Owner and its officers, employees, servants and agents from claims for damages for personal injury to any person, including death, and for damage to the property of any person which may arise or result from Contractor's or any subcontractor's execution of the work or other obligation under the execution of the work or other obligation under the Contract Documents, whether such execution be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either Contractor or any subcontractor. (B) Provide the minimum limits set forth in the Specifications 11.3 Contractor, and every subcontractor, shall provide complete workers' compensation insurance in accordance with the requirements of Section 3800 of the California Labor Code. If any class of employees engaged in the work is not protected under any workers' compensation law, Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection not otherwise protected. Contractor shall indemnify, defend and hold harmless the Owner and its officers, employees, servants and agents from any claim resulting from failure of either Contractor or any subcontractor to take out or maintain such insurance. 12. Owner's Right to Terminate 12.1 If the Contractor refuses or fails to prosecute the work or any separable part thereof with such diligence as will insure its completion within the time specified or any extension thereof, or fails to complete said work within such time, or if the Contractor should become insolvent, be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided to supply enough properly skilled workers or proper materials to complete the work in the time specified, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or instructions of the Owner, or otherwise breach any reasons for such intention to terminate. Unless within five (5) days after the service of such notice such condition or violation shall cease or satisfactory arrangements for the correction thereof be made, this contract shall upon the expiration of said five (5) days, cease and terminate. In such case, Contractor shall not be entitled to receive any further payment until the work is finished. 12.2 Performance by Surety or Owner. In event of any such termination, the Owner shall immediately serve written notice thereof upon surety and Contractor, and surety shall have the right to take over and perform this contract, provided, however, that if surety within five (5) days after service upon it of said notice of termination does not give the Owner written notice of its intention to take over and perform this contract or does not commence performance thereof within ten (10) days from the date of serving such notice, the Owner may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor, and he and his surety shall be liable to the Owner for any excess cost or other damages occasioned the Owner thereby. If the Owner takes over the work as hereinabove provided, the Owner may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant, and other property belonging to the Contractor as may be on the site of the work and necessary therefore. Additional costs of finishing work, including compensation for additional engineering, architectural, managerial, and administrative services, shall be paid to the Owner, without prejudice to any other rights or remedies available at law or in equity to the Owner. 13. Notice 13.1 Whenever it shall be necessary for either party to serve notice on the other respecting the contract, such notice shall be served by registered mail, postage prepaid, return receipt required, addressed to the City of Beaumont 550 E. Sixth Street, Beaumont, CA 92223 and to the Contractor at unless and until different addresses may be furnished in writing by either party to the other. 13.2 Notice shall be deemed to have been served seventy -two (72) hours after the same has been deposited in the United States postal service. This shall be a valid and sufficient service of notice for all purposes. 14. Assi n ment 14.1 The Contractor shall not assign the performance of the contract, nor any part thereof, nor any monies due or to become due hereunder, without the prior written consent of the Owner. It is understood and acknowledged by the parties that the contractor is the lowest responsible bidder qualified to perform the work. 14.2 Subject to the provision of this Article regarding assignment, the contract shall be binding upon the heirs, executors, administrators, successors, and assigns of the Contractor. 15. Attorney's Fees 15.1 If any action at law or `in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of the contract, the prevailing party shall be entitled to reasonable attorney's fees, court costs and necessary disbursements, in addition to any other relief to which it may be entitled. 16. Miscellaneous Provisions 16.1 Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the Owner in order that proper steps may be taken to have the change reflected in the Contract Documents. 16.2 The contract shall be effective from and after the date that this Agreement is signed by the representatives of the Owner. 16.3 This Agreement is made in three (3) duplicate originals. 16.4 The Captions of the articles, sections, subsections, paragraphs and subparagraphs of the Contract Documents are for reference only and are not to be construed in any way as a part of the contract. 16.5 The remedies contained in this agreement are cumulative, and in addition to and not limitation of, any remedy law or in equity to which the Owner may be entitled. 17. Entire Agreement 17.1 The Contract Documents integrate all terms and conditions in connection with the work called for herein and supersede all negotiations and prior understandings, either oral or in writing, in respect to the subject matter hereof. 17.2 The Contract Documents are intended to be complimentary. Work required by one of the Contract Documents and Specifications and not by others shall be done as if required by all. 17.3 Each and every provision of law and clause required to be inserted into the Contract Documents shall be deemed to be inserted therein, and if through mistake or otherwise any such provisions is not inserted, or is not inserted correctly, then upon application of either party, the Contract Documents shall forthwith be amended in writing to make such insertion or correction. 17.4 The Contract Documents shall not be amended except by a writing duly executed by the parties. IN WITNESS WHEREOF, the parties; hereto have caused this Agreement to be executed the day and year first above written. CITY OF BEAUMONT By Mayor of City of Plklldu mont Date: n CONTRACTOR By g>z.el'.7r C . e-rzkee Title RPazSI KnL_ Date L+ - 2,77 -2-01"0 Address: City Clerk of th City of Beau ont International Paving s 1 199 Opal Ave. Dare: Mentone, CA 92359 � — �-I — ��� hereafter called City 9,(fCt u l )1 C - (hereafter called "Contractor ") THE UNDERSIGNED, Contractor, having carefully examined the site and the Contract Documents for the construction of FIRST and SECOND STREETS REPAIR PROJECT hereby_proposes to construct the work in accordance with the Contract Documents, including Addenda Nos.. ' 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 bids and to waive any irregularity contained in a Proposal. 3. 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 } Beaumont City Council; and that execution of the Contract Documents shall constitute a written memorial thereof. 5. 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, Contractor certifies that representations made therein are made under penalty of perjury- 1] Specs & Contract Docs FIRST and SECOND STREETS REPAIR PROJECT Page 9 of 37 CITY OF BEAUMONT FIRST & SECOND STREETS ROAD REPAIR & EROSION CONTROL @ KOHL'S PROPERTY PLAN FILE NO. 1857 PROPOSAL X11(. �_ %7Zlt, i►11 �C' i v'JCf I DATE: COMPANY NAME: I ESTIMATED LS MOBILIZATION $ 3 oa s-37,42- ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE TOTAL I 1 LS MOBILIZATION $ 3 oa s-37,42- 2 1 LS TRAFFIC CONTROL $ Ga $ tl 50. IV 14 1 DUST ABATEMENT / WATER POLLUTION $/)/) o a W $ SOD 0 3 1 LS CONTROL 4 1,960 SF TRENCH / SINKHOLES - GRIND / OVERLAY $ Z . g7 L, p o0 $ 5 J o 5 740 CY OVER EXCAVATION $ Z eo $ 0v v 6 10 TON ASPHALT CONCRETE $ 3g ao $ 06 7 250 CY AGGREGATE BASE CLASS II $ lZ ee $ THERMOPLASTIC PAVEMENT MARKING $ 0D $ dD 8 1 REPAIR / RESTORATION 9 600 LF GRA VEL BA GS PER DETA IL ON PLANS $ rj o-o $ e0 10 1 LS WEED REMOVAL, MOWING &DISPOSAL $ Q Oa $ va FILL DRIVEWAY WITH COMPACTED $ as $ 3�D o 11 6 EA NATTVEFIL.L 90% (/C1V CONSTRUCT SILT FENCE PER DETAIL ON 12 5,000 Is PLANS * SEE BREAKDOWN ON PA GE 11 of 37 BASE BID $ F��I/i, 60 • woR s' VVIY.7 1 RVI, 13 1 .V1� yr . 80,350 SF FULL WIDTH GRIND EXISTING A C PA VEM ENT 0.10' DEEP & OVERLAY 0.10' $ `�, f7 L 6 / l l THICK AC (/ 7 14 1 A PPLY THERM OPLA STIC PA VEM ENT $ G,9 2 / �O do V040 l DQ MARKINGS PER PLAN FILE NO. 1734 SEE BREAKDOWN ON PA GE 12 of 37 CONSTRUCTION OPTION TOTAL: $ • WD • _ _ ��ti���y _ � � PROJECT TOTAL: $ Specs & Contract Docs FIRST and SECOND STREETS REPAIR PROJECT Page 10 of 37' CITY OF BEAUMONT FIRST & SECOND STREETS ROAD REPAIR & EROSION CONTROL @ KOHL'S PROPERTY t SIGNING & STRIPING ITEM PLAN FILE NO. 1734 PROPOSAL il4er�lr —hG /Y-/ l iuri7 , �C r 1r1 t - COMPANY NAME. DATE: El ITEM ESTIMATED APPLY4" SOLID DOUBLE YELLOW $ 7-7 $ 7 CODE I QUANTITY UNIT DESCRIPTION ITEM PRICE TOTAL 1 SS 20 APPLY4" SOLID DOUBLE YELLOW $ 7-7 $ 7 MEDIAN PER DETAIL 29 2 SS 188 LF APPLY4" SOLID WHITE STRIPE AS $ $ 7 Z/ / 7 SHOWN ON PLANS ' 3 SS 1,880 LF APPLY4" SKIP STRIPING PER DETAIL9 $ 7jD $, 4 SS 330 IF APPLY 6" BIKE LANE STRIPING PER $ 3 $ DETAIL 39 5 SS 2,735 APPLY 6" BIKE LANE STRIPING PER $ �� nn 77 $ vZ DETAIL 39 A ' APPLY 8" SOLID WHITE STRIPE PER $ $ va 6 SS 225 DETAIL 38 . INSTALL BIKE LANE MARKINGS PER $ pd $ 7 SS 7' FIGURE 9C -8 (CA) 8 SS 1 EA APPLY TYPE IV ARROW (L or R) M ARKING $ 19.0 Q `� � $ �� d AS SHOWN ON PLANS U l� 9-&S 0 LF V 12" 9014D W! HTF STRIPE 6r& $ S ✓ A PP loss 1 WET SANDBLAST CONFLICTING $ PAVEMENT MARKINGS `Quantities include: Stripe restoration @ trench; B/L & Lane Stripe @ 2nd St.F/B ; B/L @, First St. from Commerce Ave.W /B I', I Specs &Contract Docs FIRST and SECOND STREETS REPAIR PROJECT Page 11 of 37 u n ii u u n R n ti �i CITY OF BEAUMONT FIRST & SECOND STREETS ROAD REPAIR & EROSION CONTROL @ KOHL'S PROPERTY SIGNING & STRIPING ITEM ** PLAN FILE NO. 1734 PROPOSAL COMPANY NAME: -1;)) rjy11/tj)l i "Ctl 11 '� {'('v�CC'�./ J DATE: 11- ITEM ESTIMATED LF „ SOUP DOUBLE YELLOW /4-SS CODE QUANTITY UNIT DESCRIPTION ITEM PRICE TOTAL **Quantities include: Stripe restoration @ trench ; B/L & Lane Stripe @ 2nd St.FJB ; B/L @ First St. from Commerce Ave.W /l TOTAL: ; $ —U06 ' ORDS' ENTER THIS FIGURE Ca LINE 14 OF PAGE 10 of 37 Specs & Contract Docs FIRST and SECOND STkEE S REPAIR PROJECT Page 12 of 37 8 LF „ SOUP DOUBLE YELLOW /4-SS 2 SS 230 APPLY 4" SOLID WHITE STRIPE AS 5a SHOWN ON PLANS 3 SS 1,740 IF APPLY 4" SKIP STRIPING PER DETAIL 9 $ v $ r 4 SS 105 APPLY 6" BIKE LANE STRIPING PER $ f 10 $ ` b DETAIL 39 5 SS 930 IF APPLY 6" BIKE LANE STRIPING PER $ $ DETAIL 39 A 6 SS 360 LF APPLY 8" SOLID WHITE STRIPE PER $ DETAIL 38 A T 7 QTi'C T A RTC A4 A R ITATGS PER DiST 7 &c 0 EA / FIGURE 9G 8 (GA4 8 SS 3' APPLY TYPE IV ARROW (L or R) M ARKING $ DD r $ r0 AS SHOWN ON PLANS 9 SS 110 LF APPLY 12" SOLID WHITE STRIPE AS SHOWN ON PLANS (Cross Walk Not $ Zb $ 2 Z r r Included 0 LS �S7CT C A l' T Bl ACT ClINF CMF1RT!_ 40-SS D A B 7CT .TLTTT h iT A D V 7RiGs **Quantities include: Stripe restoration @ trench ; B/L & Lane Stripe @ 2nd St.FJB ; B/L @ First St. from Commerce Ave.W /l TOTAL: ; $ —U06 ' ORDS' ENTER THIS FIGURE Ca LINE 14 OF PAGE 10 of 37 Specs & Contract Docs FIRST and SECOND STkEE S REPAIR PROJECT Page 12 of 37 i BIDDER DATA: Name of Bidder :t) Type of Organization 1 Person(s) Authorized to Sign for Bidder dc ar Hc Address � , a" f: r -i � Phone in Contractor's License Type & Number i� Expiration Date 0 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 C• L,Z 6, (,/ � ADDRESS LICENSE NO. / A a Percent of work to be performed by sub - contractors: % (Note: General contractor required to perform at least 50% of the project.) IN WITNESS HEREOF, Contractor executes this Proposal as of the date set forth on Page 1 of this proposal. TITLE ��� %� el� - rlLe.Sl pit' iL'% "Contractor" Specs & Contract Docs FIRST and SECOND STREETS REPAIR PROJECT Page 13 of 37 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 perjur�th t e foregoing is true and correct. Dated this (day) of (month), (year) at California �J Signature of affiant: Note: Notarization of signature required Ei Specs & Contract Docs FIRST and SECOND STREETS REPAIR PROJECT Page 14 of 37 9 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 authori o make and sign instruments for the joint venture or partnership by _ the other members of the joint venture or 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 & Contract Docs FIRST and SECOND STREETS REPAIR PROJECT who constitute Page 15 of 37 I AFFIDAVIT FOR CORPORATE CONTRACTOR Z. ('(^ C C declares as follows: That he or she is 1 /- nn / of ' a corporation which is the ELI ���lC 4 %�(�Uil "��� 'i'��C�`�S -l�� • rP party making the foregoing pv6posal or bid; t at 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. T F? j; C/ Dated this (day) of (;� U . (month ) , (� (year) at :_ , California l, ia Signature of affiant: Note: Notarization of signature required f'ti7- Specs & Contract Docs FIRST and SECOND STREETS REPAIR PROJECT Page 16 of 37 JURAT State of California County of San Bernardino } ss. Subscribed and sworn to (or affirmed) before me on this _16th_ day of November 2009 , by Tammy L Patton — Notary Public, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. TAMMY L. PATTON Commission # 1818445 a : Notary Public California z z y San Bernardino County My Comm. Exoires Oct 19, 2012 — //. Signature of Notafy Tammy L. Patton, Notary Public Date of Document Type or Title of Document Number of Pages in Document OPTIONAL INFORMATION November 16, 2009 Non Collusion Affidavit 1 Page Document in a Foreign Language English Type of Satisfactory Evidence: _X_ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO _X_ President / Vice - President / Secretary / Treasurer Other: Other Information: Brent C. Rigger - PRESIDENT Thumbprint of Signer ,Q`6�eck here if no thumbprint or fingerprint is available. Bond Number: SU 5013231 I.IIntteernational Paving services, Inc.NC,o R,WsubmittedhbC nb'aCWBPMppaal to City of Bewnwvt, "City", for ft aonftuciion of public work ft FIRST Quad S8COM STRUTS REPAIR MOULT M' acoardenee with a Notice Inviting Bide of City dated December 15, 2009 2. Arch Insurance Company a Missouri eorpat:atiat4boraaftex called "Surety , is the surety of this Bond. We, Contractor w principal led Surety as may► johAy and WVWAUy 65W and state as follow$: 1. The amount of the obliption of this bond is 10'h of &o amount of dw Gos Pro Bat including bid $IWw tos, and inures to the benefit of *10% y thousand of bid amount of o exc ed �'Twen�y thousand and 00 /100 *($20,000.00)Dollars 2. TMs Hoed is e, w#w&tcd by (1) City rejecting said Proposal or, in &e o1wme, (2) if acid Proposal is acoepted, Contractor caWutes the Agroament mtd iiuttAes the Hoods as agreed to in its Proposal, otherwise it mnsins in f iit fan* snd effect for the mcovery of loss, daoectge and expense of Cityrmiting ftm failure of Cootcsmw to act as a greed to is its PropouL Sodttt: types of poaible loss, dame and ecpeaae we ageci8ed in the ContractWis Prop mal. 3. Surety, lbrvalae recxived, atipnlatd and agZ+oes "Its obligations bacunder $hall in no way be impaired or affoeted by amy extentdon of time within which CIIY=y accept the Plvpoaal aced Waives notice of arty o Lwb extensiom 4. This Bond is bitadi u on our heirs, exec ubm, administrators, sttooewns and assiffn Dated: December 10, 2009 Arch Insurance Company DL2- L�- ��- Title: _ AttomV In Fad "Suzy" Raymond E. Gail International Paving Services, Inc. RV i Title g�C-CP_!j T Rconim .� e STATE OF CALIFORNIA, as. SUKE MS ACKNOWLEDGEMENT COUNTY OF on bdbre m pammoy . known to nte, orpmved to= on the basis of swtieihatory widerw4 to br the pes�ton �vinoe� �oamt is snbscriiXCt to iho withiRi inewment apd svCioanartedged to see that leafaiLe exeautodthe same in his&w aathwimd capacities, and that by h1srwr s*ast m an the kwumetthepwwa. ar ttle=dty upon behavof whieb Hw lft'M Sated, executed ate insuUment. WITNESS my hand and official seat Sigmdws of Notary Public Nate: All signalnres most be rnotw6nd Notary public (Seal) Seamnoitt City Contract No. Spars & c4wma DO= FIRST and SECOND 37REE"I5 REPAIR Pitam ' Papre IT &V F_ State of California County of San Bernardino On DEC 10 2009 Date before me, Stacia C. Baker, Notary Public Here Insert Name and Title of the Officer personally appeared Raymond E. Gail Names) of Signer(s) N/A STACIA C. BAKER Commission # 1776731 -re Notary Public - California z. Z Son Bernardino County myCa rn. Oct 29, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/a;e subscribed to the within instrument and acknowledged to me that he /W4@AI4ey executed the same in his ek authorized capacity(4ee), and that by hislheW#�-* signature(s) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i, Signature `Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Raymond E. Gail and William J. Shupper of Rancho Cucamonga, CA (EACH) its true and lawful Attomey(s)-in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond Within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. ACKNOWLEDGMENT State of California County of San Bernardino } ss. On December 10, 2009 before me, Tammy L Patton — Notary Public, personally appeared Brent C. Rieger who proved to me on the basis of satisfactory evidence to be the person((- whose name(-s)-is /ate subscribed to the within instrument and acknowledged to me that he /shcYl3ey executed the same in his /hea=ltheir authorized capacity(ieg', and that by his/wr-/ -their signatures(s}m the instrument the person,--or the entity upon behalf of which the person} 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. Signature Tammy L. Patton, Notary Public Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: OPTIONAL INFORMATION December 10 , 2009 Bid Bond I Page Not Applicable _X_ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO X President / Vice - President / Secretary / Treasurer Other: Other Information Brent C. Rieger — President Thumb print of Signer �eck here if no thumbprint or fingerprint is available. TAMMY L. PATTON Commission # 1818445 a :gy=m Notary Public California D Z �, �. , s San Bernardino County ,f My Comm. Expires Oct 19, 2012 OPTIONAL INFORMATION December 10 , 2009 Bid Bond I Page Not Applicable _X_ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO X President / Vice - President / Secretary / Treasurer Other: Other Information Brent C. Rieger — President Thumb print of Signer �eck here if no thumbprint or fingerprint is available. Beaumont City Council 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, October 20, 2009 Page 1 of 5 "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. 6t' Street during normal business hours" 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 - Began at 5 :00 p.m. - No reportable action taken 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 - 650 Magnolia Avenue & 500 Grace Avenue C. Pursuant to Government Code Section 54956.9(a) - Anticipated Litigation - Conference with Legal Counsel - Existing Litigation(Government Code 54956.9) 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. Western Riverside Council of Governments vs City of Beaumont RIC 536164 4. Insurance Company of the West vs City of Beaumont RIC 507895 REGULAR SESSION .- _ Began _at 6:02 p.m. http:// beaumont. granicus.com/MinutesViewer.php? print =l &clip_id= 60 &doc_id= 030eedE.. 10/26/2009 Beaumont City Council Roll Call: Mayor Pro. Tern Dressel. Berg. DeForge and Gall were present. Mayor Fox was excused. Invocation: Council Member DeForge Pledge of Allegiance_.Council Member DeForge Presentation: Side by Side_ Humanitarian - Food Bank - Ben Romero OES Shelter Database - Ashley Thompson Community Clean Up Outcome _- _CSI._ Negrete Adjustments_to_Agenda_No adjustments to the agenda Page 2 of 5 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 - Excused b) Mayor Pro Tern Dressel - None c) Council _Member Ber Loma Linda Medical Center Opening, Community Clean -Up, RCTC, TUMF d) Council Member DeForge Business Expo, Lt. Acosta Golf Tournament, Chamber Mixer, Loma Linda Medical Center Grand Opening, Outreach Harvest Festival e) Council Member Gall Grand Opening at Loma Linda Medical Center, Community Recycling /Clean up day 2. CITY MANAGER REPORTS a. Community Information Update 1) Road Improvement Update 2) Transportation Update 3) Stetson Park Improvements http:// beaumont. granicus.com /MinutesViewer.php? print =l &clip_id= 60 &doc_id= 030eedf... 10/26/2009 Beaumont City Council Page 3 of 5 b. Calendar of Events 1) Second and Third Wednesday of Each Month - Story Time Caf6 2) October 17, 2009 - Community Recycling Event 8 am until bins are full - Stewart Park c. Financial Update d. What's That and Positive Rumor Control e. Report on Oral and Written Communications (City Manager) 1) 1150 E. 6th Street Speaker - Frank Audi - Property Owner 1150 E. 6th Street 2) Council Workshop on hold 3) Positive Animal Chipping Event 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 October 6, 2009 c. Approval of the Warrant List for October 20, 2009 d. Adoption of Ordinance No. 958 at its second reading - An Ordinance of the City Council of the City of Beaumont, California Amending Sections 13.04.020 and 13.08 of the Beaumont Municipal Code Entitled "Unlawful Discharge ". e. Adoption of Ordinance No. 959 at its second reading - An Ordinance of the City council of the City of Beaumont, California Adding Chapter 13.09 of the Beaumont Municipal Code Entitled "Regulating Fats, Oils, and Grease (F.O.G.) Management in Food Service Establishments" f. Adopt Ordinance No. 962 at its second reading - An Ordinance of the City Council of the City of Beaumont, California Repealing Chapter 3.23 of the Beaumont Municipal Code. g. Adoption of Resolution No. 2009 -33 - A Resolution of the City Council of the City of Beaumont, California Approving the Application Requesting Funds from the 07/08 Public Transportation Modernization, Improvement & Service Enhancement Account (PTMISEA) for Passenger Amenities. http:// beawnont .granicus.comIMinutesViewer.php ?print= l &clip_id= 60 &doc id= 030eedf... 10/26/2009 Beaumont City Council Page 4 of 5 h. Approval of Owner Participation Agreement for Zerr Warehouse at 515 Egan Avenue. Approve Plans and Specifications and Authorize Public Bid for First and Second Street Repair Recommendation: Approval of the Consent Calendar as presented. Motion by Council Member Berg, Seconded by Council Member DeForge to approve the Consent Calendar as presented. Vote 4/0 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS a. Ordinance No. 960 - An Ordinance of the City Council of the Ci of Beaumont California Amending, in its entirety. Title 6 of the Beaumont Municipal Code Entitled "Animals "-(includes actions to match current animal shelter procedures) Recommendation: Adopt Ordinance No. 960 at its 2nd reading by title only. Staff report was given by Frank Coe, Chief of Police Speakers: Terry Toussaint - Opposed to Mandatory Spay and Neutering Cathie Turner - Opposed to Mandatory Spay and Neutering Patricia Hackman - Opposed to Mandatory Spay and Neutering Mary Bradley - Opposed to Mandatory Spay and Neutering Ginny Wenzel - Opposed to Mandatory Spay and Neutering Kathy Grosso - Opposed to Mandatory Spay and Neutering Motion by Council Member DeForge, Seconded by Council Member Gall to adopt Ordinance No. 960 as presented. Vote: 4/0 b. Ordinance No. 961 - Amending Chapter 17.09 "Animal Keeling" and 17.03.120 "Permitted Uses for Base Zones District" (Changes coincide with recent updates to Title 6 Animal Code) Recommendation: Hold a Public Hearing and approve the 1 st reading of Ordinance No. 961 as presented. Staff report was given by Alan Kapanicas, City Manager. Open Pubic Hearing 7:54 p.m. No Speakers Closed Public Hearing 7:54 p.m. http:// beaumont. granicus.comlMinutesViewer.php? print = l &clip_id= 60 &doc_id= 030eedf... 10/26/2009 Beaumont City Council Page 5 of 5 Motion by Council Member DeForge, Seconded by Council Member Berg to approve the first reading of Ordinance No. 961 as presented. Vote: 4/0 c. Potrero Blvd-_& Bridge Project Recommendation: Award of Contract to Los Angeles Engineering, Inc. the lowest responsible bidder with the contract document subject to final review and approval by the City Attorney. Staff report was given by Alan Kapanicas, City Manager Motion by Council Member DeForge, Seconded by Council Member Berg to Award the Contract to Los Angeles Engineering, Inc., the lowest responsible bidder with the contract document subject to final review and approval by the City Attorney. Vote 4/0 Adjournment of the CittyCouncil, Redevelopment Agency, Finance Authority, and Utility Auhori Meeting at 8:05 p.m. http:// beaumont .granicus.com/MinutesViewer.php ?print =l &clip id= 60 &doc id= 030eedf... 10/26/2009 STAFF REPORT Agenda Item TO: Mayor and Council Members FROM: Department of Public Works DATE: October 20, 2009 SUBJECT: Approve Plans and Specifications and Authorize Public Bid for First and Second Street Repair Background and Analysis: The repair along First Street easterly from Commerce Way deals with trench failures in utility street crossings, sink holes, infill roadway striping and completing striping westbound from Commerce Way. The repair on Second Street includes a sink hole and striping. Weeding and mowing a graded site east of Commerce Way bounded by First and Second Street will also be included. The proposed action would be to approve the Plans and Specifications and authorize the City Clerk to advertise for public bids . Fiscal Impact: There is no impact on the General Funds. This will be funded by the Wachovia Bank as per their attached letter. The funds will be placed in an escrow account by Wachovia bank prior to award of the contract. Recommendation: Staff recommends APPROVAL of the First and Second Street Repair Plans and Specifications, a review of the escrow and bid documents by the City Attorney and AUTHORIZATION of the City clerk to advertise for public bids. ".uy iviaiiagur CITY OF BEAUMONT PROJECT PROGRESS REPORT CAPITAL IMPROVEMENT PLAN Source of Wachovia Bank Project Name: First and Second Street Repair Funds: Contract October 2009 Contractors: To be decided Date: Const. Budget: $ 144,426.00 Professional Services Subcontractors: A &E Budget: As per Qualified Contractors Project Start Date: 12 -09 Report Period: 10 -09 Agreement and CIP 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 City Clerk to advertise for public bids. Approved and authorized by: Mayor Signature Date of City Council Approval waeftaWa Bank, N.A. CAS280 itl30o Von Karmen Ave., Suite 450 Irvin*, CA 92612 (949) 477 -4863 (949) 4774670 W51111lle July 226 2009 Rob Owen City of Beaumont - Public Works 55o E. 6't' Street Beaumont, CA 92223 Dear Rob, RECEIVED City Ot eoai m Rka jJL 213 WACTIOVYA Thank you for taking the time to bring me up to speed on the outstanding property management issues at the Land Capital -owned site in Beaumont. it is my understanding that, as a result of what the City of Beaumont believes the severity of the situation to be, the City plans to commence the necessary weed abatement and street repairs at the site. I understand the costs to be, $23,526 for weed abatement/trash pickup /dust contra!, based on a bid from! Bedon Construction and between sios,Boo and i2o,9oo based on four separate bids:obteint d by the City In contemplation of having the repair work to the streets completed. it is also my understanding that the City intends to commence this work by Friday, July a4, ,2009 and will take whatever action it deems necessary to secure payment for these expenses, including, but not limited to, filing a lien against the property and commencing foreclosure action, and/or Ming a lawsuit against the pmperty owner and potentially everi Wachovia. Wachovia, as a secured lender with respect to the property, appreciates the need to ensure that the property is maintained and remains in compliance with the necessary City of Beaumont ordinancee. Although we :are not yet the property owner, as a secured lender we would be willing to make certain 'protective advances' : towards payment of the aforementioned expenses by the City of Beaumont, in an effort to preservelprcAect our collateral, keep legal costa to a minimum, and deiuonstrate, the same level of 'goodwill' the City has shown by not taking adverse action with respect to these matters up to this point if you would be so kind as to provide detailed invoices for the work engaged by the City once completed, we will see to it that they are paid, subject only to compliance with the estimates previously provided and confirmation that the work has been completed. Thanks so mudi for your patience and understanding in this regard. Sincerely, Kurt Huisman Vice President SPECIFICATIONS and CONTRACT DOCUMENTS FIRST and SECOND STREETS REPAIR PROJECT FOR KOHL'S / SAN GORGONIO VILLAGE SEPTEMBER, 2009 Public Works Department Specs & Contract Docs FIRST & SECOND STREETS REPAIR PROJECT Page 1 of 38 TABLE OF CONTENTS PAGE Notice Inviting Bids 3 Instruction to Bidders 4 -8 Contractor's Proposal 9 -12 Non - Collusion Affidavit 0 -16 Bid Bond 17 Agreement 18 -20 Performance Bond 21 Payment Bond 22 General Conditions 23 -37 Definitions 23 Standard Specifications 23 Director of Public Works 24 Site Inspection 24 Protection of Premises 25 Change Orders 26 Substitution of Equals 26 Final Inspection - Notice of Completion 27 Termination of Contracts 27 Payments and Monthly Estimates 28 Force Account Payment 29 Final Payment 29 Damages 30 Documents of Contractor 30 Responsibility of Contractor in Emergency 30 Labor Code 30 Obstructions 31 Insurance - Hold Harmless 31 Equal Employment Opportunity 33 Deposit of Securities 34 Assignment of Claims 34 Claims Resolution 34 Dust Abatement 35 Special Provisions 1 -33 Specs & Contract Docs FIRST & SECOND STREETS REPAIR PROJECT Page 2 of38 NOTICE INVITING BIDS City of Beaumont, herein called Owner, invites sealed proposals for FIRST and SECOND STREETS REPAIR PROJECT In the CITY OF BEAUMONT, CALIFORNIA Bids shall be delivered to the Public Works Department, 550 E. Sixth Street, Beaumont, CA 92223, telephone number (951) 769 -8520 no later than XXXXXX to be promptly opened in public at said address. Each bid shall be in accordance with approved Plan File Nos. 1857 and 1734, Specifications, and other related Contract Documents. Plans and documents may be obtained at City of Beaumont front counter for a non - refundable fee of $150 per set. Prospective bidders may preview the plans, specs and other documents prior to purchase. A mandatory pre -bid meeting will be held XXXX XXXXX at City Hall, 550 East 6t` Street, Beaumont, Room 2. Bids will not be accepted from any bidder who does not attend or remain for the duration of the mandatory pre -bid meeting. The scope of works for this project along First Street easterly from Commerce Way deals with trench failures in utility street crossings and sinkholes. This portion also includes fill- in roadway striping and completing striping westbound First Street from Commerce Way. Along Second Street, the scope of work includes a sinkhole at Commerce Way intersection and the remaining eastbound striping. In general, Contractor's work will include saw - cutting of existing asphalt pavement, grinding asphalt, over excavate materials from trenches and sinkholes identified on the plans, replace excavated materials with aggregate base and compact to 95 percent relative compaction, re -place asphalt pavement within trenches /sinkholes, and pavement striping using thermoplastic materials. Other items of works are weeding and mowing a graded site east of Commerce Way and bounded by First and Second Streets. Contractor will also provide erosion control measures such as installation of silt fence, sandbagging and filling driveways with dirt and compacting to avoid water ponding, saturation of dirt materials and water pollution control per NPDES requirement. Survey works and material testing will be performed by the City of Beaumont The Contractor is required to have a Class "A" license at the time of bid submission. Date: September 30, 2009 City Clerk: By: Deputy NOTICE INVITING BIDS City of Beaumont, herein called Owner, invites sealed proposals for FIRST and SECOND STREETS REPAIR PROJECT In the CITY OF BEAUMONT, CALIFORNIA Bids shall be delivered to the Public Works Department, 550 E. Sixth Street, Beaumont, CA 92223, telephone number (951) 769 -8520 no later than 10:00 AM on XXXXXXXX to be promptly opened in public at said address. Each bid shall be in accordance with approved Plan File Nos. 1857 and 1734, Specifications, and other related Contract Documents. Plans and documents may be obtained at City of Beaumont front counter for a non - refundable fee of $150 per set. Prospective bidders may preview the plans, specs and other documents prior to purchase. A mandatory pre -bid meeting will be held XXXXXXXa 10:00 AM at City Hall, 550 East 6`h Street, Beaumont, Room 2. Bids will not be accepted from any bidder who does not attend or remain for the duration of the mandatory pre -bid meeting. The scope of works for this project along First Street easterly from Commerce Way deals with trench failures in utility street crossings and sinkholes. This portion also includes fill -in roadway striping and completing striping westbound First Street from Commerce Way. Along Second Street, the scope of work includes a sinkhole at Commerce Way intersection and the remaining eastbound striping. In general, Contractor's work will include saw - cutting of existing asphalt pavement, grinding asphalt, over excavate materials from trenches and sinkholes identified on the plans, replace excavated materials with aggregate base and compact to 95 percent relative compaction, re -place asphalt pavement within trenches /sinkholes, and pavement striping using thermoplastic materials. Other items of works are weeding and mowing a graded site east of Commerce Way and bounded by First and Second Streets. Contractor will also provide erosion control measures such as installation of silt fence, sandbagging and filling driveways with dirt and compacting to avoid water ponding, saturation of dirt materials and water pollution control per NPDES requirement. Survey works and material testing will be performed by the City of Beaumont. The Contractor is required to have a Class "A" license at the time of bid submission. Date: September 30, 2009 City Clerk: By: Deputy Specs & Contract Docs FIRST & SECOND STREETS REPAIR PROJECT Page 3 oJ'38 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. The proposal shall acknowledge inclusion of all addenda issued for the project. 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 black 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 qualified contractor and properly licensed for that work. Pursuant to California Labor Code Section 3099, certification is required for all persons who perform work as electricians for contractors licensed as Class C -10 Electrical Contractors. Proof of certification shall be provided to the City before the start of construction. 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 without incurring change orders. 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 where an Addendum affects the meaning or requirements of the Contract Documents. 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, telephone number, and e -mail 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. 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 "X" 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 optional 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 forthe 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''. "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: Bid items with the same item code but different item descriptions. Bid items that are measured as "lump sum" or "force account ". 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 of 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. 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 I% 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. 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 7-1.01A (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. Construction 01tions: As defined herein, Construction Options are bid items that the City may choose to include or exclude in the construction. It is mandatory for the bidder to include these in the bid. The City may choose to construct only the items of work listed on the Base Bid Schedule, or may choose to construct all of the Construction Options 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 (Base Bid + Construction Option = Project Total). 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. All bidder inquiries shall be made in writing and sent by facsimile to the City of Beaumont, to Mr. Ponce Yambot's attention at (951) 769 - 6622. All inquiries shall have reference to the specific provision of the specifications and /or drawing number. City response to questions will be by addendum. The last date to send inquiries shall be no later than 5:00 PM on XXXXXXXX. CONTRACTOR'S PROPOSAL TO: CITY OF BEAUMONT DATE: hereafter called "City": BIDDER: (hereafter called "Contractor ") THE UNDERSIGNED, Contractor, having carefully examined the site and the Contract Documents for the construction of FIRST and SECOND STREETS REPAIR PROJECT hereby proposes to construct the work in accordance with the Contract Documents, including Addenda Nos. 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 bids and to waive any irregularity 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 Beaumont City Council; and that execution of the Contract Documents shall constitute a written memorial thereof. 5. To submit to City such information as City may require to determine whether a particular Proposal is the lowest responsible bid submitted. 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, Contractor certifies that representations made therein are made under penalty of perjury. CITY OF BEAUMONT FIRST & SECOND STREETS ROAD REPAIR & EROSION CONTROL @ KOHL'S PROPERTY PLAN FILE NO. 1857 PROPOSAL COMPANY NAME: DATE: ITEM ESTIMATED QUANTITY UNIT DESCRIPTION UNIT PRICE TOTAL I I LS MOBILIZA'T'ION $ $ 2 1 LS TRA FFIC CONTROL $ $ DI 1ST A BA TTM ENT / WA TER POLLUTION 3 1 LS A PPLY THERM OPLA STIC PA VEM ENT $ $ 14 l CONTROL $ 4 1,960 SF TRENCI I / SINKHOLES - GRIND / OVERL.AY $ $ 5 740 CY OVER EXCAVATION $ $ 6 10 TON ASPIIALT CONCRETE $ $ 7 250 CY AGGREGATE BASE CLASS 11 $ $ TIIERMOPLASTIC PA VEM., ENT MARKING 8 1 $ $ REPAIR/ RESTORATION 9 600 LF GRAVEL BAGS PF,R DETAIL ON PLANS $ $ 10 1 LS WEED REMOVAL, MOW ING& DISPOSAL $ $ FILL DRIVE WAYWITIICOMPACCED II 6 EA $ $ NATIVE FILI, 90%) CONSTRUCT SILT FENCE, PER DL°LA11,ON 12 5,000 IT $ PLANS * SEE BREAKDOWN ON PACE 11 of 37 BASE BID: " WORDS" CONSTRUCTION OPTIONS: * * .SEE BREAKDOWN ON PAGE /2 of 37 CONSTRUCTION OPTION TOTAL: " WORDS " PROJECT TOTAL: WORDS" FULL WIDTH GRIND EXISTING AC 13 80,350 SF PAVEMENT 0.10' DEEP & OVERLAY 0.10' $ Ti IICK AC * * A PPLY THERM OPLA STIC PA VEM ENT 14 l $ MARKINGS PER PLAN FII.ENO. 1734 * * .SEE BREAKDOWN ON PAGE /2 of 37 CONSTRUCTION OPTION TOTAL: " WORDS " PROJECT TOTAL: WORDS" CITY OF BEAUMONT FIRST & SECOND STREETS ROAD REPAIR & EROSION CONTROL a@ KOHL'S PROPERTY SIGNING & STRIPING ITEM PLAN FILE NO. 1734 PROPOSAL COMPANY NAME: DATE: ITEM ESTIMATED APPLY 4" SOLID DOUBLE, YELLOW CODE QUANTITY UNIT DESCRIPTION ITEM PRICE TOTAL *Quantities include: Stripe restoration (it) trench; B /L& time Stripe (q> 2nd St +'A3 ; 13/1 _0) First St. from Commerce Ave.W /B TOTAL: WORDS" ENTER THIS FIGURE(d), LINF. 8 OF PAGE 10 of 37 APPLY 4" SOLID DOUBLE, YELLOW 1 SS I F $ MEDIAN PERDETAIL29 APPLY 4" SOLID W I IITE STRIPE AS 2 SS 188 LF $ $ SHOWN ON PLANS 3 SS 1,880 IF A PPLY 4" SKIP STRIPING PER DETAIL 9 $ $ APPLY 6" BIKE LANE STRIPING PER 4 SS 330 LF $ $ DETA It, 39 A PPLY 6" BIKE LANE STRIPING PER 5 SS 2,735 LF $ $ DETA IL 39 A APPLY 8" SOLID WHITE STRIPE. PER 6 SS 225 LF $ $ DETA IL 38 INSTALL BIKE LANE MARKINGS PER 7 SS 7 EA $ $ FIGURE 9C -8 (CA) APPLYTYPE IV ARROW (L or R) MARKING 8 SS I EA $ $ AS SHOWN ON PLANS 9-S-S 0 1€ A DDI V !211 SOLID Al wiTr' STRIP[- AS $ $ 1- 1tlde4) WET SANDBLAST CONFLICTING loss I LS $ $ PAVEMENT MARKINGS *Quantities include: Stripe restoration (it) trench; B /L& time Stripe (q> 2nd St +'A3 ; 13/1 _0) First St. from Commerce Ave.W /B TOTAL: WORDS" ENTER THIS FIGURE(d), LINF. 8 OF PAGE 10 of 37 CITY OF BEAUMONT FIRST & SECOND STREETS ROAD REPAIR & EROSION CONTROL g KOHL'S PROPERTY SIGNING & STRIPING ITEM ** PLAN FILE NO. 1734 PROPOSAL COMPANY NAME: DATE: ITEM ESTIMATED A12126)(41" SO I D DOUBLE E YEI r OW CODE QUANTITY UNIT DESCRIPTION ITEM PRICE TOTAL **Quantities include : Stripe restoration (c� trench ; B/L & Lane Stripe � 2nd St. E/B ; B/L (a-), First St. fro m Commerce Ave.W /I TOTAL: WORDS" ENTER THIS FIGURES LINE 14 OFPAGE 10 of 37 A12126)(41" SO I D DOUBLE E YEI r OW n.IHDInN PER DETn lL2 APPL,Y4" SOLID W H ITE STRI PE A S 2SS 230 LF $ $ SHOWN ON PLANS 3 SS 1,740 LF APPLY4" SKIP STRIPING PER DETAIL 9 $ $ APPLY6" BIKE LANE STRIPING PER 4 SS 105 LF $ $ DETAIL 39 APPLY 6" BIKE LANE STRIPING PER 5 SS 930 LF $ $ DFTA IL 39 A APPLY 8" SOLID WHITE STRIPE PER 6 SS 360 LF $ $ DETAIL 38 7--SS 0 Its I AICT I I RIKF I n n.IL AA A DIl lhi!_C DG'D $ $ -A F I('u R- ge 8 ( A ) APPLYTYPE IV ARROW (I. or R) MARKING 8 SS 3 EA $ $ AS SHOWN ON PLANS APPLY 12" SOLID WHITESTRIPE AS 9SS 110 LF SHOWN ON PLANS (Cross Walk Not $ $ Included) 4A -SS 8 19 W rrSANDBLAST GONFI IrTIN4 Dn �4c,MP.NT nn n oIrI1.0 $ $ **Quantities include : Stripe restoration (c� trench ; B/L & Lane Stripe � 2nd St. E/B ; B/L (a-), First St. fro m Commerce Ave.W /I TOTAL: WORDS" ENTER THIS FIGURES LINE 14 OFPAGE 10 of 37 BIDDER DATA: Name of Bidder Type of Organization Person(s) Authorized to Sign for Bidder Address Phone Contractor's License Type & Number Expiration Date 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: General contractor required to perform at least 50% of the project.) IN WITNESS HEREOF, Contractor executes this Proposal as of the date set forth on Page 1 of this proposal. TITLE "Contractor" 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 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 AFFIDAVIT FOR CORPORATE CONTRACTOR declares as follows: That he or she is of 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. [ 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 BID BOND Recitals: 1. "Contractor ", has submitted his Contractor's Proposal to City of Beaumont, "City ", for the construction of public work for FIRST and SECOND STREETS REPAIR PROJECT in accordance with a Notice Inviting Bids of City dated 2. a corporation, hereafter called "Surety ", is the surety of this Bond. Agreement: We. Contractor as principal and Surety as surety, jointly and severally agree and state as follows: 1. The amount of the obligation of this bond is 10% of the amount of the Contractor's Proposal, including bid alternates, and inures to the benefit of City. 2. This Bond is exonerated by (1) City rejecting said Proposal or, in the alternate, (2) if said Proposal is accepted, Contractor executes the Agreement and furnishes the Bonds as agreed to in its Proposal, otherwise it remains in full force and effect for the recovery of loss, damage and expense of City resulting from failure of Contractor to act as agreed to in its Proposal. Some types of possible loss, damage and expense are specified in the Contractor's Proposal. 3. Surety, for value received, stipulates and agrees that its obligations hereunder shall in no way be impaired or affected by any extension of time within which City may accept the Proposal and waives notice of any such extension. 4. This Bond is binding on our heirs, executors, administrators, successors and assigns. Dated: By By "Title: Attorney in Fact Title: "Surety" "Contractor" STATE OF CALIFORNIA COUNTY OF } ss. SURETY'S ACKNOWLEDGEMENT On before me, personally appeared, , known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacities, and that by his /her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Notary Public (Seal) Note: All signatures must be notarized Beaumont City Contract No. 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 hereafter called "Contractor ". WITNESSETH RECITALS: 1. Contractor has submitted to City his Contractor's Proposal for the construction of City Project, FIRST and SECOND STREETS REPAIR PROJECT 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: 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, (t) 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 and latest amendments 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 File Plan Nos. 1857 and 1734 (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. 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. 5. 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 15 days of the date stated within the written "Notice to Proceed" and shall diligently prosecute the work to completion for NINETY (90) working days. Contractor shall pay to City the amount of 5300 per day for each and every calendar's delay in finishing the work in excess of the number of working days prescribed above. 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 Citv of Beaumont. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date set forth below. CITY OF BEAUMONT BY City Mayor Dated ATTEST: City Clerk BY Deputy "TITLE: CONTRACTOR M. TITLE: ATTEST: (If Corporation, Affix Seal) "City" "Corporation" (Seal) (Seal) PERFORMANCE BOND Recitals: 1. (Contractor) intend to enter into an Agreement with CITY OF BEAUMONT (City) for construction of public work known as FIRST and SECOND STREETS REPAIR PROJECT 2. , a corporation (Surety), is the Surety under this 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 $ 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 performed 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 S urety. THIS BOND is executed as of By By Title "Contractor" (Corporate Seal) IC Type Name 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). PAYMENT BOND (Public Work - Civil Code 3247 et seq.) The makers of this Bond are , as Principal and Original Contractor and , 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 S , 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 FIRST and SECOND STREETS REPAIR PROJECT. 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 performance, change in requirements, amount of compensation, or prepayment under said contract. DATED: Surety By Its Attorney In Fact (Corporate Seal) STATE OF CALIFORNIA CITY OF Original Contractor - Principal I' Title (If corporation, affix seal) (Corporate Seal) } ss. SURETY'S ACKNOWLEDGEMENT On before me, personally appeared, , known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacities, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Notary Public (Seal) Note: All signatures must be notarized GENERAL CONDITIONS 1. DEFINITIONS: "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 is supplemented by the Standard Plans referred to in the Special Provisions. "State of California or State ", "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 in "Standard Specifications" including latest amendments, 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 -1.15, 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. 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. 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. 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. 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. j. 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 or Director of Public Works. The above does not limit the ability of Director of Public Works to issue further detail drawings, explanations and instructions that 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 that do not involve extra cost and are not inconsistent with the Contract Documents. 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. aivina all relevant information. If awronriate, 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 30 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. 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, Contractor shall pay for such excess. 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 construction 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 right it might from time to time have 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. 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 (3 )0) 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. EXTRA WORK BY FORCE ACCOUNT OR SPECIAL FORCES: 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. This paragraph replaces Section 9 -1.0313 "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 work or it is more expedient for the City to use special forces, Contractor is required to coordinate with special 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. 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. 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 thereunder 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. -I' ). 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 that threatens loss or injury to property or life, Contractor shall act without previous instructions as the situation may warrant. Contractor shal I 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. 16. 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 1 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. 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. 1. 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 Directors 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. Citv Council. emplovees. 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. II1. 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: Genem l - 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. 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 fiftv or more emplovees 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. 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 1 6700) 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 navment 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. 2. 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. 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. 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: Dust control shall conform to Section 10, "Dust Control ", Section 7 -1.01 F, "Air Pollution Control ", Section 17, "Watering ", and Section 18, "Dust Palliative" of the Standard Specifications, Rule Nos. 401, 402, 403 and 403.1 of the South Coast Air Quality Management District (AQMD), 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 tines 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 Contractor makes other payment arrangements. 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 PM 10 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'. Additional copies are available upon request from the Engineer. The sign shall include the Contractor's phone number that 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 Rules, will be considered as non- working days, in accordance with Section 8 -1.06, "Time of Completion" of the Standard Specifications. 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. Additionally, Contractor shall submit the dust control plan to AQMD for approval. AQMD plan submittal criteria is defined in AQMD Rule 403 as beingfor projects that will have disturbed surface area in excess of l00 acres, or for projects with a scope of work which requires the movement ofmore than 10, 000 cubic yards of soil on each ofany three working days. 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 tiled, 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 PM10 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. 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, water pollution control and incidentals, shall be considered as included in the various items of work, and no additional compensation will be allowed therefore. END FIRST & SECOND STREETS REPAIR PROJECT SPECIAL PROVISIONS General Description: The scope of work for this project along First Street easterly from Commerce Way deals with trench failures in utility street crossings and sinkholes. Contractor's work will include sawcutting of existing asphalt pavement, grinding asphalt, over excavate materials from trenches and sinkholes identified on the plans, replace excavated materials with crushed miscellaneous base and compact to 95 percent relative compaction, re -place asphalt pavement within trenches /sinkholes, and pavement striping using thermoplastic materials. Other items of works are weeding and mowing a graded site east of Commerce Way and bounded by First and Second Streets. Contractor will also provide erosion control measures such as installation of silt fence, sandbagging and tilling driveways with dirt and compacting to avoid water ponding. SPECIFICATIONS: This 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. 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 "3" Class "C" shall mean Class "4" Class "D" shall mean Class" I" 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 based on RFI's, the City will make necessary changes to the original plans. This revised drawing 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 30 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 construction staging and traffic control plans for review and approval by the Public Works Department. Under no circumstance full roadway closure is allowed. Contractor shall submit construction staging and traffic control plans for review and approval by the Public Works Department at least two weeks prior to the start of construction. The construction staging and traffic control plans shall be prepared, signed and stamped by a Civil Engineer or Traffic Engineer who is registered as such in the State of California, unless otherwise specifically allowed by the Engineer. 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 traffic control plans. Construction staging and 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 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. 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. Payment — Compensation shall be included in the total contract cost 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. CLEARING and GRUBBING shall be performed in accordance with the Standard Specifications and shall include removal of existing perimeter silt fence. Payment for clearing and grubbing is herein made part of Mobilization and no separate payment will be allowed. Mobilization will be paid as provided in Section 11 -1.02, "Payment" of the Standard Specifications. DUST ABATEMENT and WATER POLLUTION CONTROL: WATER POLLUTION CONTROL GENERAL Water pollution control work shall conform to the provisions in Section 7 -1.01 G, "Water Pollution" of the Standard Specifications, section of these Special Provisions entitled "Relations With California Regional Water Quality Control Board" and these Special Provisions. Erosion Control and Dust Abatement works are integral parts of this section. The Contractor shall prepare for City approval Water Pollution Control Plan (aka: Erosion Control Plan) and shall diligently implement all measures contained on the WPCP. The Contractor shall perform water pollution control work in conformance with the requirements in the "Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual" and its addenda in effect on the day the Notice to Contractors is dated. This manual is referred to as the "Preparation Manual." Copies of the Preparation Manual may be obtained from: State of California, Department of Transportation, Publication Distribution Unit 1900 Royal Oaks Drive Sacramento, California 95815 Telephone: (916) 445 -3520 The Preparation Manual and other references for performing water pollution control work are available from the Department's Construction Storm Water and Water Pollution Control web site at: http://www.dot.ca.gov/hq/construc/stonnwater/stormwaterl.htm Before the start of job site activities, the Contractor shall provide training for project managers, supervisory personnel, and employees involved with water pollution control work. The training shall include: A. Rules and regulations B. implementation and maintenance for: 1. Temporary Soil Stabilization 2. Temporary Sediment Control 3. Tracking Control 4. Wind Erosion Control The Contractor shall designate in writing a Water Pollution Control Manager (WPCM). The Contractor shall submit a statement of qualifications describing the training, work history, and expertise of the proposed WPCM. The qualifications shall include either: A. A minimum of 24 hours of Department approved storm water management training described at Department's Construction Storm Water and Water Pollution Control web site. B. Certification as a Certified Professional in Erosion and Sediment Control (CPESC). The WPCM shall be: A. Responsible for water pollution control work. B. The primary contact for water pollution control work. C. Have authority to mobilize crews to make immediate repairs to water pollution control practices. The Contractor may designate one manager to prepare the SWPPP and a different manager to implement the plan. The WPCP preparer shall meet the training requirements for the WPCM. STORM WATER POLLUTION PREVENTION PLAN The Contractor shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the Engineer for approval. The SWPPP shall conform to the requirements in the Preparation Manual, the NPDES permit, and these Special Provisions. The SWPPP shall be submitted in place of the water pollution control program required by the provisions in Section 7- 1.01G, "Water Pollution," of the Standard Specifications. The SWPPP shall include water pollution control practices: A. For storm water and non -storm water from areas outside of the job site related to construction activities for this contract such as: 1. Staging areas. 2. Storage yards. 3. Access roads. B. Appropriate for each season as described in "Implementation Requirements" of these Special Provisions. C. For activities or mobile operations related to all NPDES permits. The SWPPP shall include a schedule that: A. Describes when work activities that could cause water pollution will be performed. B. Identifies soil stabilization and sediment control practices for disturbed soil area. C. Includes dates when these practices will be 25, 50, and 100 percent complete. D. Shows 100 percent completion of these practices before the rainy season. The SWPPP shall include the following temporary water pollution control practices and their associated contract items of work as shown on the plans or specified in these Special Provisions: A. Temporary Soil Stabilization 1. Temporary Erosion Control Blanket 2. Scheduling 3. Preservation of Existing Vegetation 4. Temporary Hydraulic Mulch 5. Earth Dikes /Drainage Swales and Ditches 6. Outlet Protection/Velocity Dissipation Devices 7. Temporary Mulch B. Temporary Sediment Control 1. Temporary Silt Fence 2. Temporary Sand Bag 3. Temporary Fiber Roll 4. De- silting Basin 5. Temporary Check Dam 6. Street Sweeping 7. Temporary Straw Bale Barrier 8. Temporary Gravel Bag Berm 9. Temporary Drainage Inlet Protection C. Tracking Control 1. Temporary Construction Entrance D. Wind Erosion Control 1. Dust Control 2. Temporary Cover E. Non -Storm Water Management 1. Paving and Grinding Operations Potable Water /Irrigation Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance Dewatering Operations Water Conservation Practices Material and Equipment Use Over Water F. Waste Management and Materials Pollution Control 1. Temporary Concrete Washout 2. Material Delivery and Storage 3. Material Use 4. Stockpile Management 5. Spill Prevention and Control 6. Solid Waste Management 7. Hazardous Waste Management 8. Concrete Waste Management 9. Sanitary /Septic Waste Management Within 20 days after contract approval, the Contractor shall submit 3 copies of the SWPPP to the Engineer. The Contractor shall allow 20 days for the Engineer's review. If revisions are required, the Engineer will provide comments and specify the date that the review stopped. The Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments. The Engineer's review will resume when the complete SWPPP is resubmitted. When the Engineer approves the SWPPP, the Contractor shall submit 4 copies of the approved SWPPP to the Engineer. The Contractor may proceed with construction activities if the Engineer conditionally approves the SWPPP while minor revisions are being completed. If the Engineer fails to complete the review within the time allowed and if, in the opinion of the Engineer, completion of the work is delayed or interfered with by reason of the Engineer's delay, the Contractor will be compensated for resulting losses, and an extension of time will be granted, as provided for in Section 8 -1.09, "Right of Way Delays" of the Standard Specifications. The SWPPP shall include a copy of the 404 Nationwide Permit, Stream Bed Alteration Agreement, and 401 Water Quality Certification. The Contractor shall not perform work that may cause water pollution until the SWPPP is approved by the Engineer. The Engineer's review and approval shall not waive any contract requirements and shall not relieve the Contractor from complying with Federal, State and local laws, regulations, and requirements. The Contractor shall amend the SWPPP annually and shall resubmit it to the Engineer 25 days before the defined rainy season. If there is a change in construction schedule or activities, the Contractor shall prepare an amendment to the SWPPP to identify additional or revised water pollution control practices. The Contractor shall submit the amendment to the Engineer for review within a time agreed to by the Engineer not to exceed the number of days specified for the initial submittal of the SWPPP. The Engineer will review the amendment within the same time allotted for the review of the initial submittal of the SWPPP. If directed by the Engineer or requested in writing by the Contractor and approved by the Engineer, changes to the water pollution control work specified in these Special Provisions will be allowed. Changes may include addition of new water pollution control practices. The Contractor shall incorporate these changes in the SWPPP. Additional water pollution control work will be paid for as extra work in accordance with Section 4- 1.03D, "Extra Work" of the Standard Specifications. The Contractor shall keep a copy of the approved SWPPP at the job site. The SWPPP shall be made available when requested by a representative of the Regional Water Quality Control Board, State Water Resources Control Board, United States Environmental Protection Agency, or the local storm water management agency. Requests from the public shall be directed to the Engineer. SAMPLING AND ANALYSIS The Contractor shall include a Sampling and Analysis Plan (SAP) in the SWPPP to monitor the effectiveness of the water pollution control practices. The Contractor shall prepare the SAP in conformance with the Preparation Manual. The Contractor shall designate trained personnel to collect water quality samples. The personnel and training shall be documented in the SAP. Training shall consist of the following elements: A. SAP review, B. Health and safety review, and C. Sampling simulations. In the SAP the Contractor shall describe the following water quality sampling procedures: A. Sampling preparation, B. Collection. C. Quality assurance and quality control, D. Sample labeling, E. Collection documentation, F. Sample shipping, G. Chain of custody, H. Sample numbering, and I. Precautions from the construction site health and safety plan. The Contractor shall document sample collection during precipitation. Samples to be analyzed in the field shall be taken by the Contractor's designated sampling personnel using collection and analysis methods, and equipment calibration specified by the manufacturer of the sampling equipment. Samples to be analyzed by a laboratory, shall be sampled, preserved, and analyzed by a State- certified laboratory in conformance with the requirements in 40 CFR Part 136, "Guidelines Establishing Test Procedures for the Analysis of Pollutants ". The Contractor shall identify the State - certified laboratory, sample containers, preservation requirements, holding times, and analysis method in the SAP. A list of State- certified laboratories that are approved by the Department is available at: http:// w%k- w.dhs.ca.gov /ps /Is /ELAP/html /lablist.htm IMPLEMENTATION REQUIREMENTS The Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in conformance with the provisions in Section 8 -1.05, "Temporary Suspension of Work" of the Standard Specifications. If the Contractor or the Engineer identifies a deficiency in the implementation of the approved SWPPP, the deficiency shall be corrected immediately unless an agreed upon date for correction is approved in writing by the Engineer. The deficiency shall be corrected before the onset of precipitation. If the Contractor fails to correct the deficiency by the agreed date or before the onset of precipitation, the Department may correct the deficiency and deduct the cost of correcting deficiencies from payments. If the Contractor fails to conform to the provisions of this section, "Water Pollution Control ", the Engineer may order the suspension of work until the project complies with the requirements of this section. The Contractor shall construct permanent water pollution control items identified in the SWPPP as specified in "Order of Work" of these Special Provisions. The Contractor shall maintain the permanent water pollution control items in the locations and condition shown on the plans throughout the duration of the project. Year -Round The Contractor shall monitor the National Weather Service weather forecast on a daily basis during the contract. The Contractor may use an alternative weather forecasting service if approved by the Engineer. Appropriate water pollution control practices shall be in place before precipitation. The Contractor may discontinue earthwork operations for a disturbed area for up to 21 days and the disturbed soil area will still be considered active. When earthwork operations in the disturbed area have been completed, the Contractor shall implement appropriate water pollution control practices within 15 days, or before predicted precipitation, whichever occurs first. Rainy Season The Contractor shall provide soil stabilization and sediment control practices during the rainy season between October I st and Mary 31st. During the defined rainy season, the active disturbed soil area of the project site shall be not more than 5 acres. The Engineer may approve expansions of the active disturbed soil area limit if requested in writing. The Contractor shall maintain soil stabilization and sediment control materials on site to protect disturbed soil areas. INSPECTION AND MAINTENANCE The WPCM shall inspect the water pollution control practices identified in the SWPPP as follows: A. Before a forecasted storm. B. After precipitation that causes site runoff, C. At 24 -hour intervals during extended precipitation, D. On a predetermined schedule, a minimum of once every 2 weeks outside of the defined rainy season, and E. On a predetermined schedule, a minimum of once a week during the defined rainy season. The WPCM shall oversee the maintenance of the water pollution control practices. The WPCM shall use the Storm Water Quality Construction Site Inspection Checklist provided in the Preparation Manual or an alternative inspection checklist provided by the Engineer. A copy of the completed site inspection checklist shall be submitted to the Engineer within 24 hours of finishing the inspection. The Contractor may request approval from the Engineer to suspend inspections of water pollution control practices after work except plant establishment is complete. The Engineer's approval is contingent on approval from the Regional Water Quality Control Board. The Contractor shall not suspend inspections until written approval from the Engineer is received. REPORTING REQUIREMENTS If the Contractor identifies discharges into surface waters or drainage systems causing or potentially causing pollution, or if the project receives a written notice or order from a regulatory agency, the Contractor shall immediately inform the Engineer. The Contractor shall submit a written report to the Engineer within 7 days of the discharge, notice or order. The report shall include the following information: A. The date, time, location, and nature of the operation, type of discharge and quantity, and the cause of the notice or order. B. The water pollution control practices used before the discharge, or before receiving the notice or order. C. The date of placement and type of additional or altered water pollution control practices placed after the discharge, or after receiving the notice or order. D. A maintenance schedule for affected water pollution control practices. Annual Certifications By June 15 of each year, the Contractor shall complete and submit to the Engineer an Annual Certification of Compliance. PAYMENT During each estimate period the Contractor fails to conform to the provisions in this section, "Water Pollution Control" or fails to implement the water pollution control practices shown on the plans or specified elsewhere in these Special Provisions as items of work, the Department will withhold 25 percent of the progress payment. Withholds for failure to perform water pollution control work will be in addition to all other withholds provided for in the contract. The Department will return performance - failure withholds in the progress payment following the correction of noncompliance. The item price paid for Water Pollution Control shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP and inspecting water pollution control practices as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. Full compensation for the various temporary water pollution control practices shall be considered as included in the contract lump sum price paid for Water Pollution Control. CONSTRUCTION SITE MANAGEMENT Construction site management shall consist of controlling potential sources of water pollution before they come in contact with storm water systems or watercourses. The Contractor shall control material pollution and manage waste and non -storm water existing at the construction site by implementing effective handling, storage, use, and disposal practices. Attention is directed to "Water Pollution Control" of these Special Provisions regarding the Contractor's appointment of a water pollution control manager (WPCM) for the project. The Contractor shall train all employees and subcontractors regarding: A. Material pollution prevention and control; B. Waste management; C. Non -storm water management; D. Identifying and handling hazardous substances; and E. Potential dangers to humans and the environment from spills and leaks or exposure to toxic or hazardous substances. Training shall take place before starting work on this project. New employees shall receive the complete training before starting work on this project. The Contractor shall have regular meetings to discuss and reinforce spill prevention and control; material delivery, storage, use, and disposal; waste management; and non -storm water management procedures. Instructions for material and waste handling, storage, and spill reporting and cleanup shall be posted at all times in an open, conspicuous, and accessible location at the construction site. Nonhazardous construction site waste and excess material shall be recycled when practical or disposed of in accordance with the provisions in Section 7 -1.13, "Disposal of Material Outside the Highway Right of Way" of the Standard Specifications, unless otherwise specified. Vehicles and equipment at the construction site shall be inspected by the WPCM on a frequent, predetermined schedule, and by the operator each day of use. Leaks shall be repaired immediately, or the vehicle or equipment shall be removed from the construction site. SPILL PREVENTION AND CONTROL The Contractor shall implement spill and leak prevention procedures when chemicals or hazardous substances are stored. Spills of petroleum products; substances listed under CFR Title 40, Parts 110, 117, and 302; and sanitary and septic waste shall be contained and cleaned up as soon as is safe. Minor spills involve small quantities of oil, gasoline, paint, or other material that can be controlled by the first responder upon discovery of the spill. Cleanup of minor spills includes: A. Containing the spread of the spill, B. Recovering the spilled material using absorption, C. Cleaning the contaminated area, and D. Disposing of contaminated material promptly and properly. Semi- significant spills are those that can be controlled by the first responder with the help of other personnel. Cleanup of semi - significant spills shall be immediate. Cleanup of semi - significant spills includes: A. Containing the spread of the spill; B. Recovering the spilled material using absorption if the spill occurs on paved or an impermeable surface; C. Containing the spill with an earthen dike and digging up contaminated soil for disposal if the spill occurs on dirt; D. Covering the spill with plastic or other material to prevent contaminating runoff if the spill occurs during precipitation; and E. Disposing of contaminated material promptly and properly. Significant or hazardous spills are those that cannot be controlled by construction personnel. Notifications of these spills shall be immediate. The following steps shall be taken: A. Construction personnel shall not attempt to cleanup the spill until qualified staff have arrived; B. Notify the Engineer and follow up with a written report; C. Obtain the services of a spills contractor or hazardous material team immediately; D. Notify the local emergency response team by dialing 911 and county officials at the emergency phone numbers kept on the construction site; E. Notify the Governor's Office of Emergency Services Warning Center at (805) 852 -7550; F. Notify the National Response Center at (800) 424 -8802 regarding spills of Federal reportable quantities in conformance with CFR Title 40, Parts 110, 119, and 302, G. Notify other agencies as appropriate, including: 1. Fire Department, 2. Public Works Department, 3. Coast Guard, 4. Highway Patrol, 5. City Police or County Sheriff Department, 6 Department of Toxic Substances, 7. California Division of Oil and Gas, 8. Cal OSHA, or 9. Regional Water Resources Control Board. The Contractor shall oversee and enforce proper spill prevention and control measures. Minor, semi- significant, and significant spills shall be reported to the Contractor's WPCM who shall notify the Engineer immediately. The Contractor shall prevent spills from entering storm water runoff before and during cleanup. Spills shall not be buried or washed with water. The Contractor shall keep material or waste storage areas clean, well organized, and equipped with enough cleanup supplies for the material being stored. Plastic shall be placed under paving equipment when not in use to catch drips. MATERIAL MANAGEMENT Material shall be delivered, used, and stored for this contract in a manner that minimizes or eliminates discharge of material into the air, storm drain systems, or watercourses. The Contractor shall implement the practices described in this section when taking delivery of, using, or storing the following materials: A. Hazardous chemicals including: 1. Acids, 2. Lime, 3. Glues, 4. Adhesives, 5. Paints, 6. Solvents, and 7. Curing compounds; B. Soil stabilizers and binders; C. Fertilizers; D. Detergents; E. Plaster; F. Petroleum products including: 1. Fuel, 2. Oil, and 3. Grease: G. Asphalt components and concrete components; and H. Pesticides and herbicides. The Contractor shall supply the Material Safety Data Sheet to the Engineer for material used or stored. The Contractor shall keep an accurate inventory of material delivered and stored at the construction site. Employees trained in emergency spill cleanup procedures shall be present when hazardous materials or chemicals are unloaded. The Contractor shall use recycled or less hazardous products when practical. Material Storage The Contractor shall store liquids, petroleum products, and substances listed in CFR Title 40, Parts 110, 117, and 302 in containers or drums approved by the United States Environmental Protection Agency, and place them in secondary containment facilities. Secondary containment facilities shall be impervious to the materials stored there for a minimum contact time of 72 hours. Throughout the rainy season secondary containment facilities shall be covered during non - working days and when precipitation is predicted. Secondary containment facilities shall be adequately ventilated. The Contractor shall keep the secondary containment facility free of accumulated rainwater or spills. After precipitation, or in the event of spills or leaks, accumulated liquid shall be collected and placed into drums within 24 hours. These liquids shall be handled as hazardous waste in accordance with the provisions in "Hazardous Waste" of these Special Provisions, unless testing determines them to be nonhazardous. Incompatible materials, such as chlorine and ammonia, shall not be stored in the same secondary containment facility. Materials shall be stored in the original containers with the original product labels maintained in legible condition. Damaged or illegible labels shall be replaced immediately. The secondary containment facility shall have the capacity to contain precipitation from a 24 -hour- long, 25 -year storm; and 10 percent of the aggregate volume of all containers, or all of the volume of the largest container within the facility, whichever is greater. The Contractor shall store bagged or boxed material on pallets. Throughout the rainy season, bagged or boxed material shall be protected from wind and rain during non - working days and when precipitation is predicted. The Contractor shall provide sufficient separation between stored containers to allow for spill cleanup or emergency response access. Storage areas shall be kept clean, well organized, and equipped with cleanup supplies appropriate for the materials being stored. The Contractor shall repair or replace perimeter controls, containment structures, covers, and liners as needed. Storage areas shall be inspected before and after precipitation, and at least weekly during other times. Stockpile Management The Contractor shall reduce or eliminate potential air and water pollution from stockpiled material including soil, paving material, or pressure treated wood. Stockpiles shall be located out of tloodplains when possible, and at least 50 feet from concentrated flows of storm water, drainage courses, or inlets unless written approval is obtained from the Engineer. The Contractor may discontinue adding or removing material for up to 21 days and a stockpile will still be considered active. The Contractor shall protect active stockpiles with plastic or geotextile cover, soil stabilization measures, or with linear sediment barrier when precipitation is predicted. Active stockpiles of cold mix asphalt concrete shall be placed on an impervious surface and covered with plastic when precipitation is predicted. The Contractor shall protect inactive soil stockpiles with a plastic or geotextile cover, or with soil stabilization measures at all times during the rainy season. A linear sediment barrier around the perimeter of the stockpile shall also be used. During the non -rainy season soil stockpiles shall be covered and protected with a linear sediment barrier when precipitation is predicted. The Contractor shall control wind erosion during dry weather as provided in Section 10, "Dust Control" of the Standard Specifications. Stockpiles of portland cement concrete rubble, asphalt concrete (AC), hot mix asphalt (HMA), AC and HMA rubble, aggregate base, or aggregate subbase shall be covered with plastic or geotextile, or protected with a linear sediment barrier at all times during the rainy season, and when precipitation is predicted during the non -rainy season. Stockpiles of cold mix asphalt concrete shall be placed on and covered with impermeable material at all times during the rainy season, and when precipitation is predicted during the non -rainy season. Stockpiles of pressure treated wood shall be covered with impermeable material and placed on pallets at all times during the rainy season, and when precipitation is predicted during the non -rainy season. The Contractor shall repair or replace linear sediment barriers and covers as needed or as directed by the Engineer to keep them functioning properly. Sediment shall be removed when it accumulates to 1/3 of the linear sediment barrier height. WASTE MANAGEMENT Solid Waste The Contractor shall not allow litter or debris to accumulate anywhere on the construction site, including storm drain grates, trash racks, and ditch lines. The Contractor shall pick up and remove trash and debris from the construction site at least once a week. The WPCM shall monitor solid waste storage and disposal procedures on the construction site. The Contractor shall provide enough dumpsters of sufficient size to contain the solid waste generated by the project. Dumpsters shall be emptied when refuse reaches the fill line. Dumpsters shall be watertight. The Contractor shall not wash out dumpsters on the construction site. The Contractor shall provide additional containers and more frequent pickup during the demolition phase of construction Solid waste includes: A. Brick, B. Mortar, C. Timber, D. Metal scraps, E. Sawdust, F. Pipe, G. Electrical cuttings, H. Non - hazardous equipment parts, 1. Styrofoam and other packaging materials, J. Vegetative material and plant containers from highway planting, and K. Litter and smoking material, including litter generated randomly by the public. Trash receptacles shall be provided and used in the Contractor's yard, field trailers, and locations where workers gather for lunch and breaks. Hazardous Waste The Contractor shall implement hazardous waste management practices when waste is generated on the construction site from the following substances: A. Petroleum products, B. Asphalt products, C. Concrete curing compound, D. Pesticides, E. Acids, F. Paints, G. Stains. H. Solvents, I. Wood preservatives, J. Roofing tar, and K. Materials classified as hazardous by California Code of Regulations, Title 22, Division 4.5; or listed in CFR Title 40, Parts 110, 117, 261, or 302. Nothing in these Special Provisions shall relieve the Contractor of the responsibility for compliance with Federal, State, and local laws regarding storage, handling, transportation, and disposal of hazardous wastes. The Contractor shall oversee and enforce hazardous waste management practices. Production of hazardous materials and hazardous waste on the construction site shall be kept to a minimum. Perimeter controls, containment structures, covers, and liners shall be repaired or replaced when damaged. The Contractor shall have a laboratory certified by the Department of Health Services (DHS) sample and test waste when hazardous material levels are unknown to determine safe methods for storage and disposal. The Contractor shall segregate potentially hazardous waste from nonhazardous waste at the construction site. Hazardous waste shall be handled, stored, and disposed of as required in California Code of Regulations, "Title 22, Division 4.5, Section 66262.34; and in CFR Title 49, Parts 261, 262, and 263. The Contractor shall store hazardous waste in scaled containers constructed and labeled with the contents and date accumulated as required in California Code of Regulations, Title 22, Division 4.5. and in CFR Title 49, Parts 172, 173, 178, and 179. Hazardous waste containers shall be kept in temporary containment facilities conforming to the provisions in "Material Storage" of these Special Provisions. There shall be adequate storage volume and containers shall be conveniently located for hazardous waste collection. Containers of hazardous waste shall not be overfilled and hazardous wastes shall not be mixed. Containers of dry waste that are not watertight shall be stored on pallets. The Contractor shall not allow potentially hazardous waste to accumulate on the ground. Hazardous waste shall be stored away from storm drains, watercourses, moving vehicles, and equipment. The Contractor shall clean water based or oil based paint from brushes or equipment within a contained area and shall not contaminate soil, watercourses, or storm drain systems. Paints, thinners, solvents, residues, and sludges that cannot be recycled or reused shall be disposed of as hazardous waste. When thoroughly dry, latex paint and paint cans, used brushes, rags, absorbent materials, and drop cloths shall be disposed of as solid waste. The Contractor shall dispose of hazardous waste within 90 days of being generated. Hazardous waste shall be disposed of by a licensed hazardous waste transporter using uniform hazardous waste manifest forms and taken to a Class I Disposal Site. A copy of the manifest shall be provided to the Engineer. Contaminated Soil The Contractor shall identify contaminated soil from spills or leaks by noticing discoloration, odors, or differences in soil properties. Soil with evidence of contamination shall be sampled and tested by a laboratory certified by DHS. If levels of contamination are found to be hazardous, the soil shall be handled and disposed of as hazardous waste. The Contractor shall prevent the flow of water, including ground water, from mixing with contaminated soil by using one or a combination of the following measures: A. Berms. B. Cofferdams, C. Grout curtains, D. Freeze walls. or E. Concrete seal course. If water mixes with contaminated soil and becomes contaminated, the water shall be sampled and tested by a laboratory certified by the DHS. If levels of contamination are found to be hazardous, the water shall be handled and disposed of as hazardous waste. Concrete Waste The Contractor shall implement practices to prevent the discharge of portland cement concrete, AC, or HMA waste into storm drain systems or watercourses. Portland cement concrete, AC, or HMA waste shall be collected at the following locations and disposed of. A. Where concrete material, including grout, is used; B. Where concrete dust and debris result from demolition; C. Where sawcutting, coring, grinding, grooving, or hydro- concrete demolition of portland cement concrete, AC, or HMA creates a residue or slurry; or D. Where concrete trucks or other concrete - coated equipment is cleaned at the construction site. Sanitary and Septic Waste Wastewater from sanitary or septic systems shall not be discharged or buried within the Department right of way. The WPCM shall inspect sanitary or septic waste storage and monitor disposal procedures at least weekly. Sanitary facilities that discharge to the sanitary sewer system shall be properly connected and free from leaks. The Contractor shall obtain written approval from the local health agency, city, county, and sewer district before discharging from a sanitary or septic system directly into a sanitary sewer system, and provide a copy to the Engineer. The Contractor shall comply with local health agency requirements when using an on -site disposal system. Liquid Waste The Contractor shall not allow construction site liquid waste, including the following, to enter storm drain systems or watercourses: A. Drilling slurries or fluids, B. Grease -free or oil -free wastewater or rinse water, C. Dredging, D. Liquid waste running off a surface including wash or rinse water, or E. Other non -storm water liquids not covered by separate permits. The Contractor shall hold liquid waste in structurally sound, leak proof containers such as: A. Sediment traps, B. Roll -off bins, or C. Portable tanks. Liquid waste containers shall be of sufficient quantity and volume to prevent spills and leaks. The containers shall be stored at least 50 feet from storm drains, watercourses, moving vehicles, and equipment. The Contractor shall remove and dispose of deposited solids from sediment traps as provided in "Solid Waste" of these Special Provisions, unless determined infeasible by the Engineer. Liquid waste may require testing to determine hazardous material content before disposal. Drilling fluids and residue shall be disposed of outside the highway right of way. If the Engineer determines that an appropriate location is available, fluids and residue exempt under California Code of Regulations, Title 2' ). Section 2511(g) may be dried by infiltration and evaporation in a leak proof container. The remaining solid waste may be disposed of as provided in "Solid Waste" of these Special Provisions. NON -STORM WATER MANAGEMENT Water Control and Conservation The Contractor shall prevent erosion or the discharge of pollutants into storm drain systems or watercourses by managing the water used for construction operations. The Contractor shall obtain the Engineer's approval before washing anything on the construction site with water that could discharge into a storm drain system or watercourse. Discharges shall be reported to the Engineer immediately. The Contractor shall implement water conservation practices when water is used on the construction site. Irrigation areas shall be inspected and watering schedules shall be adjusted to prevent erosion, excess watering, or runoff. The Contractor shall shut off the water source to broken lines, sprinklers, or valves, and they shall be repaired as soon as possible. When possible, water from waterline flushing shall be reused for landscape irrigation. Paved areas shall be swept and vacuumed, not washed with water. Construction water runoff, including water from water line repair, shall be directed to areas to infiltrate into the ground and shall not be allowed to enter storm drain systems or watercourses. Spilled water shall not be allowed to escape water truck filling areas. When possible, the Contractor shall direct water from off -site sources around the construction site, or shall minimize contact with the construction site. Illegal Connection and Discharge Detection and Reporting The Contractor shall inspect the construction site and the site perimeter before beginning work for evidence of illegal connections, discharges, or dumping. Subsequently, the construction site and perimeter shall be inspected on a frequent, predetermined schedule. The Contractor shall immediately notify the Engineer when illegal connections, discharges, or dumping are discovered. The Contractor shall take no further action unless directed by the Engineer. Unlabeled or unidentifiable material shall be assumed to be hazardous. The Contractor shall look for the following evidence of illegal connections, discharges, or dumping: A. Debris or trash piles, B. Staining or discoloration on pavement or soils, C. Pungent odors coming from drainage systems, D. Discoloration or oily sheen on water, E. Stains or residue in ditches, channels or drain boxes, F. Abnormal water flow during dry weather, G. Excessive sediment deposits, H. Nonstandard drainage junction structures, or I. Broken concrete or other disturbances near junction structures. Vehicle and Equipment Cleaning The Contractor shall limit vehicle and equipment cleaning or washing on the construction site to that necessary to control vehicle tracking or hazardous waste. Vehicles and equipment shall not be cleaned on the construction site with soap, solvents, or steam until the Engineer has been notified. The resulting waste shall be contained and recycled, or disposed of as provided in "Liquid Waste" or "Hazardous Waste" of these Special Provisions, whichever is applicable. The Contractor shall not use diesel to clean vehicles or equipment, and shall minimize the use of solvents. The Contractor shall clean or wash vehicles and equipment in a structure equipped with disposal facilities. if using a structure is not possible, vehicles and equipment shall be cleaned or washed in an outside area with the following characteristics: A. Located at least 50 feet from storm drainage systems or watercourses, B. Paved with AC, HMA, or portland cement concrete. C. Surrounded by a containment berm, and D. Equipped with a sump to collect and dispose of wash water. When washing vehicles or equipment with water, the Contractor shall use as little water as possible. Hoses shall be equipped with a positive shutoff valve. Wash racks shall discharge to a recycle system or to another system approved by the Engineer. Sumps shall be inspected regularly, and liquids and sediments shall be removed as needed. The Contractor shall fuel or perform maintenance on vehicles and equipment off the construction site whenever practical. When fueling or maintenance must be done at the construction site, the Contractor shall designate a site, or sites, and obtain approval from the Engineer before using. The fueling or maintenance site shall be protected from storm water, shall be on level ground, and shall be located at least 50 feet from drainage inlets or watercourses. The WPCM shall inspect the fueling or maintenance site regularly. Mobile fueling or maintenance shall be kept to a minimum. The Contractor shall use containment berms or dikes around the fueling and maintenance area. Adequate amounts of absorbent spill cleanup material and spill kits shall be kept in the fueling and maintenance area and on fueling trucks. Spill cleanup material and kits shall be disposed of immediately after use. Drip pans or absorbent pads shall be used during fueling or maintenance unless performed over an impermeable surface. Fueling or maintenance operations shall not be left unattended. Fueling nozzles shall be equipped with an automatic shutoff control. Vapor recovery fueling nozzles shall be used where required by the Air Quality Management District. Nozzles shall be secured upright when not in use. Fuel tanks shall not be topped -off. The Contractor shall recycle or properly dispose of used batteries and tires. Material and Equipment Used Over Water Drip pans and absorbent pads shall be placed under vehicles or equipment used over water, and an adequate supply of spill cleanup material shall be kept with the vehicle or equipment. Drip pans or plastic sheeting shall be placed tinder vehicles or equipment on docks, barges, or other surfaces over water when the vehicle or equipment will be idle for more than one hour. The Contractor shall provide watertight curbs or toe boards on barges, platforms, docks, or other surfaces over water to contain material, debris, and tools. Material shall be secured to prevent spills or discharge into water due to wind. Structure Removal Over or Adjacent to Water The Contractor shall not allow demolished material to enter storm water systems or watercourses. The Contractor shall use covers and platforms approved by the Engineer to collect debris. Attachments shall be used on equipment to catch debris on small demolition operations. Debris catching devices shall be emptied regularly and debris shall be handled as provided in "Waste Management" of these Special Provisions. The WPCM shall inspect demolition sites within 50 feet of storm water systems or watercourses every day. Paving, Sealing, Sawcutting, and Grinding Operations The Contractor shall prevent the following material from entering storm drain systems or water courses: A. Cementitious material, B. Asphaltic material, C. Aggregate or screenings, D. Grinding or sawcutting residue, E. Pavement chunks, or F. Shoulder backing. The Contractor shall cover drainage inlets and use linear sediment barriers to protect downhill watercourses until paving, sealing, sawcutting, or grinding operations are completed and excess material has been removed. Drainage inlets and manholes shall be covered during the application of seal coat, tack coat, slurry seal, or fog seal. During the rainy season or when precipitation is predicted, paving, sawcutting, and grinding operations shall be limited to places where runoff can be captured. Seal coat, tack coat, slurry seal, or fog seal operations shall not begin if precipitation is predicted for the application or the curing period. The Contractor shall not excavate material from existing roadways during precipitation. The Contractor shall vacuum up slurry from sawcutting operations immediately after the slurry is produced. Slurry shall not be allowed to run onto lanes open to public traffic or off the pavement. The Contractor shall collect residue from portland cement concrete grinding operations with a vacuum attachment on the grinding machine. The residue shall not be left on the pavement or allowed to flow across the pavement. Material excavated from existing roadways may be stockpiled as provided in "Stockpile Management" of these Special Provisions if approved by the Engineer. AC or HMA chunks used in embankment shall be placed above the water table and covered by at least one foot of material. Substances used to coat asphalt trucks and equipment shall not contain soap, foaming agents, or toxic chemicals. Thermoplastic Striping and Pavement Markers Thermoplastic striping and preheating equipment shutoff valves shall work properly at all times when on the construction site. The Contractor shall not preheat, transfer, or load thermoplastic within 50 feet of drainage inlets or watercourses. The Contractor shall not fill the preheating container to more than 6 inches from the top. Truck beds shall be cleaned daily of scraps or melted thermoplastic. The Contractor shall not unload, transfer, or load bituminous material for pavement markers within 50 feet of drainage inlets or watercourses. All pressure shall be released from melting tanks before removing the lid to fill or service. Melting tanks shall not be filled to more than 6 inches from the top. The Contractor shall collect bituminous material from the roadway after marker removal. Concrete Curing The Contractor shall not overspray chemical curing compound. Drift shall be minimized by spraying as close to the concrete as possible. Drainage inlets shall be covered before applying curing compound. The Contractor shall minimize the use and discharge of water by using wet blankets or similar methods to maintain moisture when curing concrete. Concrete Finishing The Contractor shall collect and dispose of water and solid waste from high- pressure water blasting. Drainage inlets within 50 feet shall be covered before sandblasting. The nozzle shall be kept as close to the surface of the concrete as possible to minimize drift of dust and blast material. Blast residue may contain hazardous material. Containment structures for concrete finishing operations shall be inspected for damage before each day of use and before predicted precipitation. Liquid and solid waste shall be removed from the containment structure after each work shift. DEWATERING Dewatering shall consist of discharging accumulated storm water, ground water, or surface water from excavations or temporary containment facilities. The Contractor shall discharge water within the limits of the project. Dewatering discharge shall not cause erosion, scour, or sedimentary deposits that impact natural bedding materials. The Contractor shall conduct dewatering activities in accordance with the Field Guide for Construction Dewatering available at: http 11www. dot. ca gov/hq/construdstormwater /manuals. him Before dewatering the Contractor shall submit a Dewatering and Discharge Plan to the Engineer in conformance with the provisions in Section 5 -1.02, "Plans and Working Drawings," of the Standard Specifications and "Water Pollution Control," of these Special Provisions. At a minimum, the Dewatering and Discharge Plan shall include the following: A. A title sheet and table of contents; B. A description of the dewatering and discharge operations detailing the locations, quantity of water, equipment, and discharge point; C. The estimated schedule for dewatering and discharge (begin and end dates, intermittent or continuous); D. Discharge alternatives such as dust control or percolation; and E. Visual monitoring procedures with inspection log. The Contractor shall not discharge storm water or non -storm water that has an odor, discoloration other than sediment, an oily sheen, or foam on the surface and shall notify the Engineer immediately upon discovery. If water cannot be discharged within the project limits due to site constraints it shall be disposed of in the same manner specified for material in Section 7 -1.13, "Disposal of Materials Outside the Highway Right of Way," of the Standard Specifications. PAYMENT Full compensation for conforming to the requirements of this section (Dust Abatement and Water Pollution Control) shall be progress payment. Percentage of payment shall be determined from actual completion. Actual completion calculation will not include Mobilization, Traffic Control and Dust Abatement/Water Pollution Control. TRENCH FAILURES and SINKHOLES Trench Failure: Contractor shall over - excavate unsuitable materials at identified trenches and replace excavated material with Aggregate Base Class -2. The average depth of over - excavation is 3 feet and the size of each trench is as identified on plans. Trench size is measured from the surface and is not the accurate measurement and may vary based on actual failure once exposed. Contractor's works include assisting the City in determining the cause of the problem and coordinating with utility owner's repair works as necessary. Sink Holes: Contractor shall over - excavate unsuitable materials at identified locations and replace excavated material with Aggregate Base Class -2. The depth of over - excavation is unknown at this time but is perceived to be plus or minus 8 feet and the size of the trench is as listed on plans. Sink Hole size is measured from the surface and may change based on actual failure once exposed. Contractor's works include assisting the City in determining the cause of the problem and coordinating with utility owner's repair works as necessary. Relative Compaction: Whenever relative compaction is specified to be determined by California Test Method No.216, the in -place density may be determined by "Pest Method No. Calif. 231. The in -place density required by Calif. Test Method No.312 may be determined by Test Method No. 231. The wet weight or dry weight basis and English Units of Measurement may be used at the option of the Engineer. PAYMENT (for Trench Failures and Sinkholes) Conforming to Standards Specifications, Special Provisions and plans, payment shall be as follows: 1. Over - excavation of trench and sinkhole to a stable and firm bottom and per direction by the Engineer shall be paid in cubic yard. Full compensation shall include saw - cutting trench, dirt over - excavation, all labor and equipment and disposal. 2. Placement of Asphalt Concrete directly over the trench/sinkhole shall be paid by tonnage. Full compensation shall include furnishing the asphalt, binder, and placing and compacting the asphalt in place in conformance to Specifications to match the existing roadway structural section. Trench and sinkhole surface areas were considered purely as placing asphalt and are not included in grind / overlay quantities. 3. Aggregate Base Class — 2: Contractor shall replace the over excavated dirt material with AB Cl -2. Full compensation shall include supply of aggregate base complying with specifications, water, labor and equipments and as detailed on the plans. Measurement shall be in cubic yard of the AB placed and compacted. 4. Trench & Sinkhole Grind /Overlay — this item of work shall be paid in square feet and full compensation shall include grinding existing pavement 0.10 -foot deep and asphalt overlay of same thickness complete in place. Trenches and sink holes shall have a foot strip of grind/overlay around its perimeter. Payment for asphalt and asphalt binder, all labor and equipment shall be included in the square feet unit cost and no additional payment will be allowed. Quantity for this item is exclusively the trench/sinkhole quantity only. In the event that City decides to go full width grind / overlay, this quantity will be added to it and the price extension will be added to the full width overlay price extension to get a uniform unit cost for progress payment purposes. If the City decides to forego full width grind/overlay, the unit cost of Trench & Sinkhole Grind/Overlay will be as is. AGGREGATE BASE Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Bases" of the Standard Specifications and these Special Provisions and shall meet the gradation requirements for 3/4 inch maximum. The first paragraph of Section 26- 1.02A, "Class 2 Aggregate Base" shall be modified to read: Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious matter, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm and stable base. Aggregate may consist of broken and crushed asphalt concrete or Portland cement concrete and may contain crushed aggregate base or other rock materials. The material may contain no more than 3 percent brick by weight as determined by California Test Method 202 as modified: Brick material retained on a No.4 sieve shall be identified visually and separated manually. Brick quantification shall be based on total weight of dry sample. Also, material retained on the No.4 sieve shall contain no more than 15 percent of particles (gravel) that have no more than one fractured face. The Quality Requirements contained in Section 26 -1.02A shall be modified to read: QUALITY REQUIREMENTS Test Contract Compliance Resistance (R -Value) Virgin Rock 78 Minimum Crushed Miscellaneous 80 Minimum Sand Equivalent 35 Minimum Durability Index 35 Minimum Percentage Wear 100 Revolutions 15 Maximum 500 Revolutions 52 Maximum Quantities of Aggregate Base will be paid for at the contract unit price per cubic yard and in accordance with the provisions of Sections 26 -1.06 and 26 -1.07 of the Standard Specifications. ASPHALT CONCRETE Asphalt concrete shall be Type "A" and shall conform to the requirements of Section 39 of the Standard Specifications and the following: If the type of the asphalt concrete is not specified on the plans, then Type "A" shall be furnished and placed. Aggregate grading shall be three - quarter inch (3/4 ") maximum, medium for base course and one -half inch (1/2 ") maximum, medium for the final course. The asphalt lift thickness table, as shown in Section 39 -6.01, "General Requirements" of the Standard Specifications, is revised as follows: Total Thickness Shown Minimum Next Lower Laver y All Other Lower on Plans No. of Top Layer Thickness Thickness Layer Thickness Layers Min. Max. Min. Max. Min. Max. 0.23' or less 1 - - - - - 0.24' through 0.44' 2 0.10' 0.21' 0.14' 0.23' - 0.45' or more 3 or more 0.10' 0.20' 0.15' 0.23' 0.20' 0.23' Footnotes to asphalt thickness table are revised as follows: a. No Change. b. Deleted. C. Revised to read: "At least 4 layers shall be placed if total thickness is 10.63 inches or more. Asphalts: Asphalt shall conform to the provisions in this Section, "Asphalts ". Section 92, "Asphalts" of the Standard Specifications shall not apply. Asphalt shall consist of refined petroleum or a mixture of refined liquid asphalt and refined solid asphalt, prepared from crude petroleum. Asphalt shall be: 1. Free from residues caused by the artificial distillation of coal, coal tar, or paraffin; 2. Free from water: 3. Homogeneous. General: The Contractor shall furnish asphalt in conformance with the State of California Department of Transportation's "Certification Program for Suppliers of Asphalt ". The Department maintains the program requirements, procedures, and a list of approved suppliers at http://www.dot.ca.gov/hq/esc/Translab/fpmcoc.htm. The Contractor shall ensure the safe transportation, storage, use, and disposal of asphalt. The Contractor shall prevent the formation of carbonized particles caused by overheating asphalt during manufacturing or construction. Grade: Performance graded (PG) asphalt binder shall conform to the following: Notes: a. For use as asphalt rubber base stock for high mountain and high desert area. b. The Engineer will waive this specification if the supplier is a Quality Supplier as defined by Department's "Certification Program for Suppliers of Asphalt ". c. The Engineer will waive this specification if the supplier certifies the asphalt binder can be adequately pumped and mixed at temperatures meeting applicable safety standards. d. Test the sample at 3 °C higher if it fails at the specified test temperature. G *sin(delta) shall remain 5000 kPa maximum. e. "RTFO Test" means the asphaltic residue obtained using the Rolling Thin Film Oven Test, AASHTO Test Method T240 or ASTM Designation: D2827. f. "PAV" means Pressurized Aging Vessel. AASHTO Specification Grade Property Test Method PG PG 64- PG 64- PG 64- PG 70- 58 -228 10 16 28 10 i Or inal Binder Flash Point, Minimum C T48 230 230 230 230 230 Solubility, Minimum '/ob T44 99 99 99 99 99 Viscosity at 135 °C. Maximum, Pas T316 3.0 3.0 3.0 3.0 3.0 Dynamic Shear, 58 64 64 64 70 'rest Temp. at 10 rad /s, °C T315 1.00 1.00 1.00 1.00 L00 Minimum G' /sin(delta). kPa RTFO Test, T240 1.00 1.00 1.00 1.00 1.00 Mass Loss, Maximum, % RTFO Test A ed Binder Dynamic Shear, 58 64 64 64 70 Test Temp. at 10 rad/s, °C T315 2.20 120 2.20 2.20 2.20 Minimum G` /sin(delta ), kPa Ductility at 25 °C T51 75 75 75 75 75 Minimum, cm PAVt Aging, R28 100 100 100 100 110 Temperature, °C RTFO Test and PAV Aged Binder Dynamic Shear, 22' 31d 28' 22' 34' Test Temp. at 10 rad/s, °C '1315 5000 5000 5000 5000 5000 Minimum G. /sin(delta, kPa Creep Stitiness, 12 0 6 -18 0 "rest Temperature, °C 1313 300 300 300 300 300 Maximum S- value, Mpa 0.300 0.300 0.300 0.300 0.300 Minimum M -value Notes: a. For use as asphalt rubber base stock for high mountain and high desert area. b. The Engineer will waive this specification if the supplier is a Quality Supplier as defined by Department's "Certification Program for Suppliers of Asphalt ". c. The Engineer will waive this specification if the supplier certifies the asphalt binder can be adequately pumped and mixed at temperatures meeting applicable safety standards. d. Test the sample at 3 °C higher if it fails at the specified test temperature. G *sin(delta) shall remain 5000 kPa maximum. e. "RTFO Test" means the asphaltic residue obtained using the Rolling Thin Film Oven Test, AASHTO Test Method T240 or ASTM Designation: D2827. f. "PAV" means Pressurized Aging Vessel. Performance based asphalt (PBA) binder shall conform to the following: Notes: a. Absolute viscosity (60 °C) will be determined at one sec-' using ASTM Designation: D4957 with Asphalt Institute vacuum capillary viscometers. b. "RTFO Test Aged Residue" means the asphaltic residue obtained using the Rolling Thin Film Oven Test (RTFO Test), AASHTO Test Method T240 or ASTM Designation: D2827. c. There is no requirement; however results of the test shall be part of the copy of test results furnished with the Certificate of Compliance. d. "Residue from Tilt Oven" means the asphalt obtained using California Test 374, Method B, "Method for Determining Asphalt Durability Using the California Tilt -Oven Durability Test ". e. "SSD" means Shear Susceptibility of Delta; "SSV" means Shear Susceptibility Test ". f. Californ ia Test 381. g. "PAV" means Pressurized Aging Vessel. Sampling: The Contractor shall provide a sampling device in the asphalt feed line connecting the plant storage tanks to the asphalt weighing system or spray bar. The sampling device shall be accessible between AASHTO Specification Grade Property Test Method PBA PBA PBA PBA 6a 6a(mod) 6b 7 Absolute Viscosity (60 °C), Pas(x10 )a Original Binder, Minimum T�02 2000 2000 2000 1100 RTFO Test Aged Residue b, 5000 5000 5000 3000 Minimum Kinematic Viscosity (135 °C), in /s(x10- 6) Original Binder. Maximum T201 2000 2000 2000 1100 RTFO Test Aged Residue, 275 275 275 275 Minimum Absolute Viscosity Ratio (60 °C), Maximum = 4.0 4.0 4.0 4.0 RTFO Test Visc. /Ori . Vise. Flash Point, Cleveland Open Cup, °C T48 232 232 232 232 original Binder, Minimum Mass Loss After RTFO Test "o T240 0.60 0.60 0.60 0.60 Solubility in Trichloroethylene, %` T44 Report Report Report Report Original Binder, Minimum Ductility(25 oC,5 cm /min ),cm RTFO'Test Aged Residue b, -151 60 60 60 60 Minimum On RTFO Test Aged Residue, °C I to 10 rad /sec: SSD' > 0 and Phase ' = 35 = _ Angle (at 1 rad/sec) < 72 ° On Residue from: PAV9 at temp., °C R28 100 100 100 1 10 Or Residue from Tilt Oven' (�til 113 °C), 36 36 36 72 hours ISSD > -1 15(SSV)- 50.6, °C ' _ _ = 25 Stiffness. 1 -24 -24 -30 -6 West Temperature, °C I T313 300 300 300 300 Maximum S- value. Mpa 0300 0.300 0.300 0.300 Minimum M -value Notes: a. Absolute viscosity (60 °C) will be determined at one sec-' using ASTM Designation: D4957 with Asphalt Institute vacuum capillary viscometers. b. "RTFO Test Aged Residue" means the asphaltic residue obtained using the Rolling Thin Film Oven Test (RTFO Test), AASHTO Test Method T240 or ASTM Designation: D2827. c. There is no requirement; however results of the test shall be part of the copy of test results furnished with the Certificate of Compliance. d. "Residue from Tilt Oven" means the asphalt obtained using California Test 374, Method B, "Method for Determining Asphalt Durability Using the California Tilt -Oven Durability Test ". e. "SSD" means Shear Susceptibility of Delta; "SSV" means Shear Susceptibility Test ". f. Californ ia Test 381. g. "PAV" means Pressurized Aging Vessel. Sampling: The Contractor shall provide a sampling device in the asphalt feed line connecting the plant storage tanks to the asphalt weighing system or spray bar. The sampling device shall be accessible between 23.62 and 29.53 inches above the platform. The Contractor shall provide a receptacle for flushing the sampling device. The sampling device shall include a valve: 1. With a diameter between 0.39 and 0.79 inches, 2. Manufactured in a manner that a one -liter sample may be taken slowly at any time during plant operations; 3. Maintained in good condition. The Contractor shall replace failed valves. In the presence of the Engineer, the Contractor shall take 2 one -liter samples per operating day. The Contractor shall provide round friction top containers with one -liter capacity for storing samples. Applying Asphalt: Unless otherwise specified, the Contractor shall heat and apply asphalt in conformance with the provisions in Section 93, "Liquid Asphalts" of the Standard Specifications. Section 39 -2.01, "Asphalts" is replaced in its entirety with the following: Asphalt binder to be mixed with aggregate shall conform to the provisions in "Asphalts" of these Special Provisions. The grade of asphalt binder shall be 64 -10 (Inland Valley). Liquid asphalt for prime coat shall conform to the provisions in Section 93, "Liquid Asphalts" of the Standard Specifications and shall be Grade 64 -10 unless otherwise designated by the contract item or otherwise specified in the Special Provisions. Asphaltic emulsion for paint binder (tack coat) shall conform to the provisions in Section 94, "Asphaltic Emulsion" of the Standard Specifications for the rapid- setting or slow- setting type and grade approved by the Engineer. Grade 64 -10 shall be used if not otherwise specified. Paving asphalt to be used as a binder for pavement reinforcing fabric shall conform to the provisions in "Asphalts" of these Special Provisions and shall be Grade 64 -10 unless otherwise designated by the contract item or otherwise specified in the Special Provisions. Section 39 -3.01 B (1) shall be amended to include: Aggregate of the 3/4 inch or 1/2 inch maximum size and aggregate for asphalt concrete base shall be separated into 3 or more sizes and each size shall be stored in separate bins. If 3 sizes are used, one bin shall contain that portion of the material which will pass the maximum size specified and be retained on a 3/8 inch sieve; one bin shall contain that portion of the material which will pass a 3/8 inch sieve and be retained on a No. 8 sieve; and one bin shall contain that portion of the material which will pass a No. 8 sieve. Aggregate of 3/8 inch maximum size shall be separated into 2 sizes and each size shall be stored in separate bins. One bin shall contain that portion of the material which will pass the maximum size specified and be retained on a No. 8 sieve and one bin shall contain that portion of the material which will pass a No. 8 sieve. The bin containing the fine material shall not contain more than 15 percent of material retained on the No. 8 sieve. The material in any of the other bins shall not contain more than 15 percent of material passing a No. 8 sieve. Failure to comply with this requirement shall be corrected immediately, and the material in the bins not meeting these requirements shall be re- screened or wasted. All asphalt concrete for this project shall be supplied from one source unless approved by the Engineer. Said source shall be listed on the Contractors Source of Materials List as required in Section 6 of the Standard Specifications. Asphaltic emulsion shall be furnished and applied as provided in Section 39 -4.02. In addition to the provisions in Section 39 -5.01, "Spreading Equipment" of the Standard Specifications, asphalt paving equipment shall be equipped with automatic screed controls and a sensing device or devices. When placing asphalt concrete to the lines and grades established by the Engineer, the automatic controls shall control the longitudinal grade and transverse slope of the screed. Grade and slope references shall be furnished, installed, and maintained by the Contractor. Should the Contractor elect to use a ski device, the minimum length of the ski device shall be 30 feet. The ski device shall be a rigid one -piece unit and the entire length shall be utilized in activating the sensor. When placing the initial mat of asphalt concrete on existing pavement, the end of the screed nearest the centerline shall be controlled by a sensor activated by a ski device not less than 30 feet. The end of the screed farthest from centerline shall be controlled by an automatic transverse slope device set to reproduce the cross slope designated by the Engineer, by a sensor activated by a similar ski device or as directed by the Engineer. When paving contiguously with previously placed mats, the end of the screed adjacent to the previously placed mat shall be controlled by a sensor that responds to the grade of the previously placed mat and will reproduce the grade in the new mat within a 0.12 inch tolerance. The end of the screed farthest from the previously placed mat shall be controlled in the same way it was controlled when placing the initial mat. Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the provisions, including straightedge tolerance, of Section 39 -6.03, "Compacting" of the Standard Specifications or elsewhere in these Special Provisions, the paving operations shall be discontinued and the Contractor shall modify the equipment or methods, or furnish substitute equipment. Should the automatic screed controls fail to operate properly during a day's work, the Contractor may manually control the spreading equipment for the remainder of that day. However, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the provisions in this section before starting another day's work. Payment: Full compensation for furnishing and applying asphaltic emulsion (paint binder) shall be considered as included in the contract price paid for each unit repaired. TRENCH /SINKHOLE THERMOPLASTIC PAVEMENT MARKING REPAIR/RESTORATION: In full compliance with all provisions in Sections 84 -1, "General" and 84 -2, "Thermoplastic Traffic Stripes and Pavement Markings" of the Specifications and these Special Provisions and provisions in Section 85. "Pavement Markers" of the Standard Specifications, Contractor shall restore all pavement markings damaged by and or affected by works contained herein or damaged by the original trench/crossing installation. Within the context of this work item, restoration includes pavement markings removed by original trenching of the finished roadway and pavement markings left unfinished by the developer along eastbound Second Street and westbound First Street per Plan File No. 1734. Payment for this item of work shall be per unit cost on the bid list and shall include supply of materials, equipments, tools, labor and all incidentals necessary for a full and complete restoration of pavement markings. Provision /installation of Gravel Bags: Contractor shall install erosion control measures in compliance to detail shown on the plans per plans and per direction by the Engineer. Payment shall be per actual linear measurement. Fill Driveways with Natural Dirt and Compact to 90% Compaction: Contractor shall perform this BMP as called out and in compliance with plans and as directed by the Engineer. Payment shall be per driveway filled /completed. Weed Removal, Mowing, & Disposal: Contractor shall perform this task removing weeds /mowing /disposal in compliance to City's Weed Abatement Policy. Payment shall be lump sum after completion of this item to the satisfaction of the Engineer. Silt Fence: Silt fence shall be installed at the perimeter of the property per detail shown on the plans and per Engineer's direction. Payment shall be in linear feet. Payment shall include removal of existing silt fence. CONSTRUCTION OPTIONS: 1. "Full Width Grind /Overlay" existing asphalt pavement: For this item of work, Contractor is required to grind existing asphalt paving 0.10` deep and asphalt overlay 0.10' thick within the limits shown and as directed by the Engineer. This process will eliminate grinding a foot strip around the trench shown on the plans as "Trench Repair" and as noted on "Sink Hole Repair." The bid quantity does not include the Trench/Sinkhole Grind Overlay. Payment shall be per square feet of measured "Full Width Grind /Overlay" and shall be full compensation for providing equipments, tools, labor and supply of asphalt concrete in place in conformance to Standard Specifications. No additional compensation will be allowed. 2. Apply Thermoplastic Pavement Marking per Plan File 1734 (portion of Sheets 2 & 3 of 4): This work shall consist of applying thermoplastic pavement markings after a "full width grind /overlay" based on approved Plan File 1734 along First Street from Commerce Way to approximately 1100 feet easterly. Works shall be in conformance to the latest MUTCD and Standard Specifications and plans. Quantity for this item will not be added to "Trench / Sinkhole Thermoplastic Pavement Marking Repair /Restoration and shall be paid per unit bid price. Full compensation shall include supply of materials, equipments, tools, labor and all incidentals per contract unit cost. No additional compensation or cost adjustment will be allowed. 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 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. 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 Kinder Morgan Energy Partners, L.P. 714 -560 -4600 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. - -- -END -- Item 3.b REGULAR SESSION Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation 550 E. 6th Street, Beaumont, California Regular Session (6:00 p.m.) Tuesday, May 4, 2010 Call to Order 6:00 p.m. Place: Civic Center, Room Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Dressel, Council and Council Member Gall were present. Council Member Fox was excused. Invocation: Chaplain — Police Department (National Day of Prayer May Pledge of Allegiance: Council Member Fox Presentation: Relay for Life Proclamation Mental Health Month Proclamation Peace Officer Memorial Week Proclamation Adjustments to Agenda: None Oral and Written Communications: Judy Bingham — Comments on City Manager Reports (Budget) Brenda Knight — Comments on City Manger Reports (Budget) 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 De Forge — Relay for Life, Frisbee Golf Introduction, Spoke to the San Gorgonio Pass Republican, Meeting with Robotics, Lions Club Golf Tournament, San Gorgonio Round Table Luncheon. b) Mayor Pro Tern Berg — Nothing new to report on RCTC, Thank the Youth in the community C) Council Member Dressel — Relay for Life d) Council Member Fox - Absent e) Council Member Gall — None 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity ; operate Hke a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Community Information and Local Project Update 1) Core Value # 1 — Treat Everyone Right a) Building and Safety Update b) Quality of Life Update — Adopt a Cop 2) Sustainability Update a) 2010 Census Update b) Beaumont Stimulus Update 3) Financial Update a) Monthly Financial Update b) Budget Introduction 4) Transportation a) Potrero Bridges b) Historic Neighborhood Signage b. Calendar of Events 1) May 6, 2010 — National Day of Prayer — Beaumont Community Rec. Center 2) May 22, 2010 — Miss Beaumont Queen's Pageant 3) May 22, 2010 —Star Party 4) May 27, 2010 — State of the City — Four Seasons —11:30 a. m. 5) May 29, 2010 — Breezin' through Beaumont 5k run 6) May 29, 2010 — Cherry Festival Car & Motorcycle Show - Stewart Park 7) May 29, 2010 — Beaumont Municipal Pool Opens 8) May 29, 2010 — Swing Away for MDA Softball Tournament 9) June 3, 4, 5, 6, 2010 — 2010 Cherry Festival 10) Concerts in the Park Series 11) September 15 — 17, 2010 - League of CA Cities Annual Conference 12) Second and Third Wednesday of Each Month — Story Time Caf& C. Rumor Control, and Report on Oral and Written Communications 1) Valdivia Ball Field Lights and Curb & Gutter ( °B" Street) 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 April 20, 2010 C. Approval of the Warrant List for May 4, 2010 d. Denial of Claim — Edgar A. Terry e. Authorize staff to Prepare and File a Grant Applicant for SB 821 Bike and Pedestrian Facilities f. Adoption of Ordinance No. 969 at its second reading by title only — An Ordinance of the City Council of the City of Beaumont, California, Amending Beaumont Municipal Code Chapter 10.50, Golf Cart Transportation Plan. g. Authorize $5,000 for Beaumont Chamber of Commerce Market Night Series. h. Exoneration of Bond No. SU50170666 -A for Tract Nos. 31519 Beazer Homes i. Exoneration and Acceptance of Improvements for Bond No. 52BSBDH1 131 -M Tract No. 31468 -1 — Pardee Homes j. Adopt Resolution No. 2010 -07 — Establishing Fees by the Police Department for Special Services and Repealing Resolution No. 2008 -15. k. Approval of Additional Beaumont Charitable Foundation Programs. Recommendation: Approval of the Consent Calendar as presented. Motion by Council Member Berg, Seconded by Council Member Dressel to approve the Consent Calendar with the exception of Items 3.f & 3.j. Vote: 4/0 Motion by Berg, Seconded by Council Member Dressel to approve item 3.j Resolution No. 2010- 07 - Special Police Department Fees as presented. Vote: 4/0 Speakers for Item 3.f — Ordinance No. 969 — An Ordinance Amending Beaumont Municipal Code Chapter 10.50, Golf Cart Transportation Plan. John Hollowell — Neutral Victor Dominguez — In Favor Motion by Council Member Berg, Seconded by Council Member Gall to Continue item 3.f — Ordinance No. 969 to the next regular City Council Meeting at 6:00 p.m. Vote: 4/0 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS a. Pass Transit Fixed Routes 3 & 4 Re- Evaluation Recommendation: Open Public Hearing, Take Testimony, and Continue the Public Hearing to the Regular meeting of May 18, 2010 at 6:00 p.m. Staff Report was given by Elizabeth Urtiaga, Resources Director. Open Public Hearing 7:56 p.m. No Speakers Motion by Council Member Berg, Seconded by Council Member Gall to continue the public hearing to the next regular meeting of May 18, 2010 at 6:00 p.m. Vote: 4/0 b. Victoria Homes Trail Recommendation: Review Options and Direct Staff Staff Report was given by Kyle Warsinski, Staff Planner. Speakers: Shannon Bickel — Opposed to leaving path open Shaina Harwood — In favor of leaving path open Rebecca Deming — In favor of leaving path open Marlaine Robinson - Opposed to leaving path open Motion by Council Member Berg, Seconded by Council Member Dressel to approve option 4: This option would allow each homeowner to replace the wrought iron fencing with wood, vinyl, masonry wall, or install perforated steel screening. This option is much like Option 1, but comes with an incentive program to wave permit fees and match up to half the costs of replacing the fence. Council may allow each resident to choose a suggested material type or decide to choose one uniform material type that will be allowed under the incentive program. If the Vinyl Fence material is chosen, a segment of the existing wrought iron fence will need to be removed. Estimated cost to the City — between $350 to $950 per home; this is based upon a 50% City Match. Vote: 4/0 Adjoumment"e City Council Meeting at 8:24 p.m. r" City Manager THE PRESS - ENTERPRISE 3450 Fourteenth Street Riverside CA 92501 -3878 951 - 684 -1200 951 - 368 -9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press - Enterprise PROOF OF PUBLICATION OF Ad Desc.: NIB - 1 st & 2nd St repair project I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS- ENTERPRISE, a newspa- per of general circulation, printed and published 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, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published 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 wit: 11 -06 -09 11 -13 -09 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Nov. 13, 2009 At: Riverside, California / v BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 10057181 PO #: Agency #: Ad Copy: NOTICE INVITING BIDS FIRST and SECOND STREET REPAIR PROJECT IN THE CITY OF BEAUMONT, CALIFORNIA NOTICE IS HEREBY GIVEN that the City of Beau- mont, acting by and through its City Council, hereinafter referred to as the City, will receive up to, but not later than, 10:00 AM on Tuesday, December 15, 2009, sealed bids for the First and Second Street Repair Project. A mandatory pre -bid meeting will be held Tuesday, December 8, 2009 at 10:00 AM at City Hall, 550 East 6th Street, Beaumont, California, Room 2. Bids will not be accepted from any bidder who does not offend or rema in for the duration of the mandatory pre-bid meeting. Bids shall be delivered to the Public Works Depart- ment, 550 East 6th Street, Beaumont, CA 92223, tele- phone number (951) 769 -8520 and shall be publicly opened and read aloud at the stated time and place. Each bid shall be in accordance with approved Plan File Nos. 1857 and 1734, Specifications and other related Contract Documents. Plans and documents may be ob- tained at City of Beaumont front counter for a non -re- fundable fee of $150 per set. Prospective bidders may preview the plans, specs and other documents prior to purchase. The scope of work for this project along First Street easterly from Commerce Way deals with trench failures in utility street crossings and sinkholes. This portion also includes fill -in roadway striping and completing striping westbound First Street from Commerce Way. A ong Second Street, the scope of work includes a sinkhole at Commerce Way intersection and the remaining east- bound striping. In gcneral, Conti actor's work will mclude saw - cutting of existing asphalt pavement, grinding. as R- halt, over excavate materials from trenches and sink - oles identified on the plans, replace excavated materi- als with aggregate base and compact to 95 percent relative compaction, replace asphalt pavement within trenches/sinkholes, and pavement striping using ther- moplastic materials. Other items of work are weeding and moving a graded site east of Commerce Way and bounded by First and Second Streets. Contractor will also provide erosion control measures such as installa- tion of sift fence, sandbagging and filling driveways with dirt and compacting to avoid water ponding, saturation of dirt materials and water pollution control per NPDES requirement. Survey work and material testing will be performed by the City of Beaumont. The contractor is required to have a Class 'A° license at the time of bid submission. The City reserves the right to reject any or all bids or to waive any irregularities of information in any bids or in the bidding process. Any bidder inquiries shall be done in writing and sent by facsimile to the City of Beaumont, Attention Ponciano Yombot, at (951) 769 -6622. All said inquiries shall refer- ence the appropriate specification section and/or draw- ing number. 11/6, 13