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C10-40 - KAD Paving Company CAD- '0 - ,� - CITY OF BEAUMONT May 22, 2014 KAD Paving Company dba KAD Engineering 32147 Dunlap Blvd. Suite K Yucaipa, CA 92399 RE: Agreement: Replacement of Sewer Lateral serving 550 E. 6th Street Building D & E To whom it may concern: Enclosed please find one (1) original executed agreement, which was approved by the City Council at the regular meeting of May 20, 2014. Sincerely, City of Beaumont 550 E. 6th Street • Beaumont • CA • 92223 • Phone: (951) 769-8520 • Fax: (951) 769-8526 www.ci.beaumont.ca.us Rev. 09/05 AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR (Project Name: Replacement of sewer lateral serving buildings D&E) THIS AGREEMENT is made and effective as of the 20th day of May,2014,by and between the CITY OF BEAUMONT("OWNER")whose address is 550 E. 6th Street, Beaumont, California 92223 and Kad Paving Company dba Kad Engineering.,whose address is 32147,Dunlap Blvd. Suite K,Yucaipa, CA 92399 ,telephone(909) 790 3366, fax (909) 790 3369 e-mail kadpaving@yahoo.com,Fed. Tax Id.No. 27-0618394 ("CONTRACTOR"). RECITALS This Agreement is entered into on the basis of the following facts,understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such services as may be assigned,from time to time,by OWNER in writing for the purpose of Replacement of Sewer lateral. B. The specific services to be performed by CONTRACTOR shall be described in one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this Agreement. C. CONTRACTOR agrees to provide such services pursuant to,and in accordance with,the terms and conditions of this Agreement, and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills, qualifications,personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until end December 2014 ,unless extended or sooner terminated as provided for herein. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned, from time to time, in writing by the City Council of OWNER. Each such assignment shall be made in the form of a written Task Order. Each such Task Order shall include,but shall not be limited to,a description of the nature and scope of the services to be performed by CONTRACTOR,the amount of compensation to be paid, and the expected time of completion. Pagel of 10 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform each such assignment; provided,however,that CONTRACTOR shall not subcontract any of the work to be performed without the prior written consent of OWNER. 4. Compensation. 4.01 In consideration for the services to be performed by CONTRACTOR, OWNER agrees to pay CONTRACTOR as provided for in each Task Order. 4.02 Each Task Order shall specify a total not-to-exceed sum of money and shall be based upon CONTRACTOR's schedule of regular hourly rates customarily charged by CONTRACTOR to its clients. 4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary expenses incurred by CONTRACTOR in the performance of services for OWNER. Reimbursement shall be according to a schedule of reimbursable expenses included in each Task Order. 4.04 CONTRACTOR shall not be compensated for any services rendered nor reimbursed for any expenses incurred in excess of those authorized in any Task Order unless approved in advance by the City Council of OWNER, in writing. 4.05 Unless otherwise provided for in any Task Order issued pursuant to this Agreement, CONTRACTOR agrees that payment of compensation earned shall be made in monthly installments within 30 business days after receipt of a detailed, corrected, written invoice describing in reasonable detail,to the extent applicable,the services performed,the time spent performing such services,the hourly rate charged therefor,the identity of individuals performing such services for the benefit of OWNER, and materials consumed or used. Such invoice shall also include a detailed itemization of authorized expenses incurred. 5. Obligations of Contractor. 5.01 CONTRACTOR agrees to perform all assigned services in accordance with the terms and conditions of this Agreement and those specified in each Task Order. 5.02 Except as otherwise provided for in each Task Order, CONTRACTOR will supply all personnel, materials and equipment required to perform the assigned services. 5.03 CONTRACTOR shall keep OWNER informed as to the progress of the work assigned hereunder,by means of regular and frequent consultations. From time-to-time, when requested by the OWNER, CONTRACTOR shall prepare written status reports. Page 2 of 10 5.04 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than$2 million per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required /Not Required_x_; Obtain a policy of errors and omissions insurance in a minimum amount of$ per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any services for OWNER; c. Comply with all applicable local (including OWNER's), state and federal laws, rules and regulations regarding,by way of example and not by limitation,nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law and custom. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first Task Order. Such policies shall be issued by a highly rated insurer(minimum Best's Ins. Guide rating of"A:VII")licensed to do business in California, and shall provide that they shall not be cancelled or amended without 30 days'prior written notice to OWNER. Self- insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any, loss, injury or damage to property or persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 5.05 CONTRACTOR and OWNER agree that OWNER, its employees, agents and officials should,to the extent permitted by law,be fully protected from any loss, injury, damage,claim, lawsuit, cost, expense, attorneys'fees, litigation costs, defense costs,court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly,the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to OWNER. CONTRACTOR acknowledges that OWNER would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect OWNER as set forth here. Page 3 of 10 5.05.1 To the full extent permitted by law,CONTRACTOR shall defend, indemnify and hold harmless OWNER, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings,administrative proceedings,regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys'fees incurred by owner, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR(and/or CONTRACTOR's agents and/or employees)is alleged to be an employee of OWNER. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by OWNER. 5.05.2 Without affecting the rights of OWNER under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless OWNER as set forth above for liability attributable to the sole fault of OWNER, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where OWNER is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where OWNER's fault accounts for only a percentage of the liability involved. In those instances,the obligation of CONTRACTOR will be all-inclusive and OWNER will be indemnified for all liability incurred, even though a percentage of liability is attributable to conduct of OWNER. CONTRACTOR acknowledges that its obligation pursuant to this Section extends to liability attributable to OWNER, if that liability is less than the sole fault of OWNER. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of OWNER. 5.06 In the event that OWNER requests that specific employees or agents of CONTRACTOR supervise or otherwise perform the services specified in each Task Order, CON IRACTOR shall ensure that such individual (or individuals) shall be appointed and assigned the responsibility of performing the services. 5.07 In the event CONTRACTOR is required to prepare plans,drawings, specifications and/or estimates,the same shall be furnished in conformance with local, state and federal laws,rules and regulations. Page 4 of 10 5.08 CONTRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement,unless otherwise expressly provided for in any Task Order issued pursuant to this Agreement. In the event OWNER is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.09 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986,Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CON 1'RACTOR's employees are eligible to work in the United States. 5.10 Drug-free Workplace Certification. By signing this Agreement,the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.)and will provide a drug-free workplace. 5.11 Drug and Alcohol Testing Policy. The CONTRACTOR agrees to establish an anti-drug use and alcohol misuse program consistent with the requirements of this Section. The CONTRACTOR's anti-drug use and alcohol misuse program shall include the following: a. The adoption, and enforcement, of a policy on prohibited drug use and alcohol misuse in the workplace, including the consequences associated with prohibited drug use and alcohol misuse. The CONTRACTOR shall disseminate the policy statement to its employees; b. An education and training program in which employees and their supervisors shall receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and work environment, and on the signs and symptoms that may indicate prohibited drug use and alcohol misuse. In addition, supervisors shall receive an additional 60 minutes of training on the physical,behavioral and performance indicators of probable drug use and alcohol misuse; c. A testing program which meets the requirements of Section 3 below; and d. Procedures for referring an employee who has a verified positive drug test result or an alcohol concentration of 0.04 or greater to a substance abuse professional. Page 5 of 10 5.12 Drug and Alcohol Testing. a. Drug Testing: The CONTRACTOR shall establish a program that provides testing for prohibited drugs in the following circumstances: pre- employment,post-accident, reasonable suspicion, random and return to duty/follow-up. When administering a drug test,the CONTRACTOR agrees to ensure that the following drugs are tested for: marijuana,cocaine, opiates, amphetamines, and phencyclidine. b. Alcohol Testing: The CONTRACTOR shall establish a program that provides for testing of alcohol in the following circumstances: post-accident, reasonable suspicion, random and return to duty/follow-up. The CONTRACTOR shall prohibit an employee,while having an alcohol concentration of 0.04 or greater, from performing or continuing to perform a safety-sensitive function. 5.13 Background Investigations. CONTRACTOR acknowledges that certain of CONTRACTOR's employees perform services that have the potential for endangering the health and safety of members of the general public, and have unrestricted access to sensitive OWNER operations and facilities which, if improperly operated or maintained, could result in personal injury or death to themselves, co-workers and the public. Therefore,the CONTRACTOR hereby agrees, at its sole cost and expense,to develop and implement an employee security system and program that includes,but is not limited to,the following: a. A personal history statement; b. Reference checks; c. Photographs; d. Fingerprinting; e. Background investigation, including information from the California Department of Justice and the Department of Motor Vehicles. 6. Obligations of Owner. 6.01 OWNER shall do the following in a manner so as not to unreasonably hinder the performance of services by CONTRACTOR: a. Provide information, requirements and criteria regarding OWNER's project; b. Furnish all existing studies, reports and other available data and items pertinent to each Task Order that are in OWNER's possession; Page 6 of 10 c. Designate a person to act as a liaison between CONTRACTOR and the City Council of OWNER. 7. Additional Services, Changes and Deletions. 7.01 During the term of this Agreement,the City Council of OWNER may, from time to time, and without affecting the validity of this Agreement or any Task Order issued thereunder, order changes, deletions and additional services by the issuance of written change orders authorized and approved by the City Council of OWNER. 7.02 In the event CONTRACTOR performs additional or different services than those described in any Task Order or authorized change order without the prior written approval of the City Council of OWNER, CONTRACTOR shall not be compensated for such services. 7.03 CONTRACTOR shall promptly advise OWNER as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of services to be provided pursuant to this Agreement. All proposed changes,modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City Council of OWNER. 7.04 In the event that OWNER orders services deleted or reduced, compensation shall likewise be deleted or reduced by a fair and reasonable amount and CONTRACTOR shall only be compensated for services actually performed. In the event additional services are properly authorized, payment for the same shall be made as provided in Section 4 above. 8. Termination of Agreement. 8.01 In the event the time specified for completion of an assigned task in a Task Order exceeds the term of this Agreement,the term of this Agreement shall be automatically extended for such additional time as is necessary to complete such Task Order, and thereupon this Agreement shall automatically terminate without further notice. 8.02 Notwithstanding any other provision of this Agreement, OWNER, at its sole option,may terminate this Agreement at any time by giving 10 days'written notice to CONTRACTOR,whether or not a Task Order has been issued to CONTRACTOR. 8.03 In the event of termination,the payment of monies due CONTRACTOR for work performed prior to the effective date of such termination shall be paid within 45 business days after receipt of an invoice as provided in this Agreement. Upon payment for such services, CONTRACTOR agrees to promptly provide and deliver to OWNER all original documents, reports, studies,plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to OWNER. Page 7 of 10 9. Status of Contractor. 9.01 CONTRACTOR shall perform the services assigned by OWNER in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of OWNER. CONTRACTOR shall be under the control of OWNER only as to the result to be accomplished and the personnel assigned to perform services. However, CONTRACTOR shall regularly confer with OWNER's City Council as provided for in this Agreement. 9.02 CONTRACTOR hereby specifically represents and warrants to OWNER that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 10. Ownership of Documents.,Audit. 10.01 All draft and final reports,plans, drawings, studies,maps,photographs, specifications, data, notes,manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of services assigned to it by OWNER shall become the sole property of OWNER,and CONTRACTOR shall promptly deliver all such materials to OWNER. At the OWNER's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions. If OWNER uses such documents for any purpose other than for which they were prepared without CONTRACTOR's prior written approval,OWNER hereby waives any claims against CONTRACTOR and will hold CONTRACTOR harmless from any claim or liability for injury or loss arising from OWNER's unauthorized use. 10.02 Subject to applicable federal and state laws,rules and regulations, OWNER shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not use for purposes other than the performance of this Agreement, nor shall CONTRACTOR release,reproduce, distribute, publish, adapt for future use or any other purposes,or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of OWNER. 10.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as OWNER may deem necessary, CONTRACTOR shall make available to OWNER's agents for examination all of such records and shall permit OWNER's agents to audit,examine and reproduce such records. Page 8 of 10 11. Miscellaneous Provisions. 11.01 This Agreement supersedes any and all previous agreements, either oral or written,between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 11.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 11.03 CONTRACTOR shall comply with all applicable local, state and federal laws,rules,regulations, entitlements and/or permits applicable to, or governing the services authorized hereunder. 11.04 If required by law, CONTRACTOR shall file Conflict of Interest Statements with OWNER. 11.05 Any dispute which may arise by and between the OWNER and the CONTRACTOR, including the CONTRACTOR's subcontractors, laborers, and suppliers, shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services,Inc./Endispute, in accordance with its construction industry rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three arbitrators, unless the PARTIES agree in writing to submit the matter before a single arbitrator. The arbitrators must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. The arbitrators'decision and award are subject to judicial review for errors of fact or law in accordance with Section 1296 of the Code of Civil Procedure,by a Superior Court of competent venue and jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the contrary,prior to the appointment of the arbitrators, all disputes shall first be submitted to non-binding mediation, conducted by either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with their respective rules and procedures for such mediation. In any arbitration or litigation arising out of this Agreement, or the performance of any obligation under this Agreement,the arbitrators or the court in such arbitration or litigation shall award costs and expenses of arbitration or litigation, including mediation and arbitration fees and expenses,expert witness fees and attorneys'fees,to the prevailing PARTY. Page 9 of 10 IN WITNESS WHEREOF,the parties hereby have made and executed this Agreement as of the day and year first above-written. OWNER: CONTRACTOR: CITY OF BEAUMONT Kad Paving Company. c ' N---- ByJ4JV'SPP 1111 - B y Ma;, ,��j 1 i i Print Nam ( i�� I i . ► $ 4, l , Title Q5(d fl4_ I Page 10 of 10 CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Replacement of sewer lateral serving Buildings D &E) TASK ORDER NO.: One CONTRACTOR: Name: Kad Paving Company dba Kad Engineering Address: 32147 Dunlap Blvd, Suite K,Yucaipa, CA 92399 Telephone: (909) 790 3366 Fax: (909)790 3369 E-mail: kadpaving@yahoo.com Fed. Tax Id.: 27-0618394 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ("OWNER")and Kad Paving Company ("CONTRACTOR")dated May 20,2014(the "AGREEMENT"). 1. Task to be Performed. CONTRACTOR shall provide all labor,materials and equipment to perform the following task(choose and check one): x_See Exhibit"A",attached hereto Description of Task: 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before December 31, 2014. 3. Liaison of OWNER. Mr Kishen Prathivadi shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: (Check if this Paragraph 4 Not Applicable: ) Donald Wheeler Jr Page 2 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated,the following: (Check if this Paragraph 5 Not Applicable: _xx ) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not-to-exceed lump sum of$ 13,698.00 payable as follows: 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR(choose and check one:) shall/_xx shall not/be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order(choose and check one): Not applicable x See Exhibit "A", attached hereto; or Description: IN WITNESS WHEREOF,the parties have executed this Task Order on the date indicated below. CITY OF BEAUMONT Dated: 6---c9 — ) BY 'A� � Wh'11, CONTRACTOR: Kad Paving Company Dated: gr2 Print Name Title Page 2 of 2 PAGE 1 OF 1 KAD PAVING COMPANY DBA KAD ENGINEERING 32147 DUNLAP BLVD SUITE"K" Phone: (909)790-3366 Cell#:951-322-5650 YUCAIPA,CA 92399 GEN.CONTRACTORS"A" LIC#937845&C-12 Fax: (909)790-3369 CONTRACT/PROPOSAL PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: CITY OF BEAUMONT CITY OF BEAUMONT KISHEN SEWER PIPE/ASPHALT PHONE: 951-764-5674 FAX: ATT:KISHEN P Date: KAD Paving Company will provide all materials,perform all labor,and supply all equipment for the completion of the project(s) specified below. KAD Paving Company guarantees the usage of all materials specified within the contents of this contract/proposal. * SAW CUT 1'X 230'OF ASPHALT SECTION * REMOVE ASPHALT AND HAUL AWAY * INSTALL 6" DRAIN/SEWER PIPE TO DEPTH OF NO MORE THAN 2.5' IN DEPTH * RE USE NATIVE MATERIAL FOR BACKFILL * PAVE BACK 2.5"OF ASPHALT WHEN WORK IS COMPLETE EXCLUDES : SOIL TESTING ,WATER METER, COMPACTION TEST, Total amount of bid$13,698.00 NOW ACCEPTING: VISA .,,4. DISCOVER' EXCLUSIONS:BONDS,WEEDKILLER,PRIMECOAT,SEAL,COAT,STRIPING&SIGANGE,FEES, ASSESSMENTS,PERMITS,SURVEY,ENGINEERING,HAZARDOUS MATERIAL HANDLING OF ANY KIND,REMOVE/REPLACE/RELOCATE INTERFERING UTILIES,WATER SOURCE. Acceptance of Proposal The above work to be performed in accordance with drawings and the specifications submitted for The above work and complete in a workmanlike manner for the sum of: THIRTEEN THOUSAND SIX HUNDRED NINETY EIGHT DOLLARS AND ZERO CENTS With payments to be made as follows: Upon Completion Any alteration or deviation from the specifications provided herein,will be executed only upon written orders,and will become an additional charge over and Above the estimate(s)provided in this document. Buyer agrees to pay all court costs and reasonable attorney's fees in the event of default or if this Contract is submitted to an attorney for enforcement purposes. Owner renders Contractor harmless and agrees to relieve Contractor of all liability for any unsatisfactory Results in the event that the Owner shall require Contractor to lay asphalt on sub-grade,which in the opinion of the Contractor,in unsatisfactory. Contractor is not responsible for damage to underground utilities or lines unless such utilities or lines have been properly staked in advance of operations. Damage causec by others to seal-coat,striping and surrounding area after back-fill seal-coat has been applied is the sole responsibility of Owner and Owner accepts full liability for such damage. Contractor is not responsible for back-fill,compaction of back-fill installed by others,reflective cracking on surface areas,and pre-existing engineering in respect to drainage. Owner accepts full liability for the aforementioned. All engineering,testing,inspection,and permit fees have been excluded from the contents of this contract and shall be deemed as collateral to contents of this Contract. This proposal shall expire in 60 days..Payment is due at completion of work.Interest will accrue @ 10%plus costs daily after 30 days*****.Material costs are only valid for 30 days from date of this proposal. Upon acceptance of bid,please complete the following information(per section 3097 California Civil Code Procedure). Sign and return one copy. Owner: Address: Submitted By:Donnie Wheeler Jr. Construction Lender: By: Donnie Wheeler Jr. Address: 24-Apr-14 General Contractor: Address: Original Copy Office Signature: Larel Block e • L f I U Phone (951) 845-2014 Fax (951) 845-3045 Po Box 305 Beaumont, CA 92223 Lic# 671902 ***PROPOSAL*** DATE : April 16, 2014 COMPANY/CONTRACTOR: JOB LOCATION: City of Beaumont Magnolia &7th St Sewer Repair Attn: Dan Job Description: ITEM NO. ITEM UNIT QTY UNIT PRICE AMOUNT 1 MOBILIZATION LS 1 500.00 $500.00 2 DEMO LS 1 2,900.00 $2,900.00 3 SEWER PIPE LF 218 61.63 $13,435.34 4 CONCRETE CY 12 340.00 $4,080.00 5 AC SF 659 10.00 $6,590.00 Total: $27,505.34 • Price may change due to any unforeseen conditions • Quality Plumbing/Mark Weaver is not liable and will not be held responsible for any damage to any unforeseen underground utilities or other objects. Terms:Net 15 days,interest at the rate of 1.5%per month will be charged on all past due accounts. Liens will be placed on any job not paid in full within 90 days of completion. In the event of failure to pay on the amount due on this invoice,all collections costs and/or attorney's fees in the collection of any such amount,will be paid by dient. Contractors are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be referred to the registrar,Contractors State License Board,P.O.Box 26000,Sacramento CA 95826. Acceptance of Agreement: The above price specifications and conditions are satisfactory and are accepted. Authorized Signature Date If you have any questions regarding the proposal, please call Mark Weaver at(951)845-2014 Proposal Y Date Estimate# 4/16/2014 I 262 1440 Beaumont Ave PM322,Beaumont,CA 92223 B �-- (951)845-3233 (951)845-1736 Fax info@WSlconstruction.com-Lic 870834 Name/Address II City of Beaumont 1 1 Project �._ z E , CityHall Sewer Lateral F II_._ __�-�.�_ Item Description t Qty Project Understanding: � "`���� ®_i PThe City of Beaumont is looking to remove existing 6"VCP sewer line(s)and replace with 6"SDR35. Approximate lineal footage for Removal/Replacement is 220 feet.Where excavation takes place successful 1 Contractor must remove and replace any pavement and landscaping like for like. The City also wants to Icamera the section of 6"VCP from the parking lot West into the existing Manhole(CIL on Magnolia)to check for any faults/damages. Project I Approach: Will Excavate using the"open saw cut"method of trenching. Will remove and dispose of existing 6"VCP. Will install new 6"SDR35,approximately 220 LF. Will install 6"SDR in accordance with City STD. Will Iinstall 6"cleanouts as per plan. Will tie onto existing 6"VCP in Parking lot just West of existing Manhole, Ilocated at C/L of Magnolia. Will connect 6"SDR35 onto Buildings where existing connections are made. i f Native soil will be used for backfill. Backfill will be compacted by mechanical means in 12"lifts as to not I damage newly installed line. Any excess spoil will be hauled away. Asphalt replacement will be edge to edge 1 3 4"A.C.over 4"A.B. Concrete replacement will be score line to score line. Grass landscape will be salvaged,top soiled and reseeded. Rock landscape will be salvaged back to original condition. Service I Trench,LF 220 Service 6"SDR35,LF 220 Service Concrete R&R,SF 390 Service Asphalt Paving,SF 250 s Optional Items: -Soils testing and reporting-$800.00 -Houston and Harris Camera area from Manhole to Parking lot,approx.60 LF-$1,000.00 i ed Business Enterprise-SmallEnterprise- Total $14,720.00 Disadvantaged Business Ente rise- ! Minority Owned Business Enterprise CUCP#38259 Metro File#5249 Supplier Clearinghouse-VON#9DN00004 This is a quotation,on the goods named,subject to said conditions: Hard Materials or Rock encountered in the process of construction which cannot be removed by ordinary methods will be removed on a T&M basis. Buyer will be responsible for paving,staking,permits and water necessary for the completion of contract. This Quote is good for 30 days. All overdue payments will acrue at a rate of 10%from the balance due date. In the event a dispute arises concerning this agreement,the prevailing party shall be entitled to both reasonable attorneys fees and costs. Signature STAFF REPORT Agenda Item � Date: May 20, 2014 To: Mayor and Council lembers Through: City Manager (rr/ From: Public Works Department Subject: Replacement of sewer lateral serving Civic Center-Buildings D&E Background and Analysis: Civic Center Building D is presently occupied by Transit and IT staff. It was determined that the sewer lateral which serves Civic Center Building D and E was broken at many spots and needs to be replaced. Proposals were requested from three qualified contractors to complete the repairs and the results are summarized below: KAD Paving- $13,698.00 Way Service Inc- $14,720.00 Quality Plumbing- $27,505,34 As there is an urgency to get the restrooms working at Civic Center Building D, Staff has placed the order with the lowest responsible bidder,KAD Paving. Fiscal Impact: There is no impact on General Funds. The project will be funded by Transit CIP Funds approved in June 2013. Action: Staff recommends that the City Council ratify the replacement of sewer lateral serving Civic Center Buildings D & E and approve the proposed agreement, task order and project progress report. CITY OF BEAUMONT PROJECT PROGRESS REPORT Replacement of sewer lateral serving Buildings D & E Transit CIP funds Project Name: Sewer Lateral for Buildings D&E Source of Funds: Contract May 20,2014 Contractors: KAD Paving Company Date: Const.Budget: $13,698.00 A&E Budget: $1,230.00 Project Start Date: April 2014 Report Period: May 2014 Work Completed During Report Period: Request for proposal sent and proposal evaluated. Problems or Delays During Report Period: No delays Change Orders: No Change Orders Recommendation(s)for City Council Action: Approve and execute Agreement and Task Order No. 1 Approved and au orized by: Mayor gn. e Date of City Council Approval LID- NCS Aco® CERTIFICATE OF LIABILITY INSURANCE DATE(MM+DO/YYYY) 4.....----- 12/18/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Plymouth Insurance Agency,Inc. A/CNo.ENO: 877-205-0682 FAX c,Nol: 2739 US Highway 19 North E-MAIL ADDRESS: Holiday, FL 34691 —_ INSURERIS);AFFORDING COVERAGE NAIL N ____. ...._--.____._-.__._.__ _.._.-_ _._._-.._ INSURER A:State National Insurance Company,Inc 12831 INSURED INSURER B: South East Personnel Leasing,Inc. INSURER C: (LCF)Kad Paving Company INSURER D: 2739 Us Highway 19 North INSURER E Holiday,FL 34691 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR• _.. ADDLSUBR POLICY EFF i POLICY EXP _...- LTR• TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYYLI(14NAIDDIYYYY) LIMITS -GENERAL LIABILITY I EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ ;CLAIMS-MADE L_ OCCUR MED EXP(My one person) $ PERSONAL&ADV INJURY S --- --- GENERAL AGGREGATE $ GFN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG § PRCT rLOC n POLICY O- I $ JE _ _ !AUTOMOBILE LIABILITY__ _ I COMBINED SINGLE LIMIT _- -r----._.._ .. its aaidan:) -1; - I ANY AUTO BODILY INJURY(Per person) $ ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) S NON-OWNED PROPERTY DAMAGE -- ___ HIRED ALTOS AUTOS (Per accident) S S '. UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS ,_ $ A WORKERS COMPENSATION I X 1 wC STATU- I IOTH+ LIABILITY ..._TORY..LIMIT_S I _. ER ....,....____ ____ __ ANY PROPRIETOR/PARTNER/EXECUTIVEYIN CWC71949-0127 1/1/2014 1/1/2015 -__ OFFICER/MEMBER EXCLUDED? (N I N/A E.L EACH ACCIDENT s $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ $1,000,000 DI If Ees,SCRIPTION IPTIONunder E.L.DISEASE-POLICY LIMIT $ $1,000,000 DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) (California Operations Only)Coverage is extended to leased employees as approved and assigned by South East Personnel Leasing,Inc.but not subcontractors or nonleased employees of:Kad Paving Company ORANGE AVENUE,BEAUMONT,CA FAX:909-790-3369/ISSUE 02-26-13(TD) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF BEAUMONT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 550E.6TH STREET AUTHORIZED REPRESENTATIVECa/1 BEAA UMONT, CA 92223444 Pt I 01988- ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD •-r-1.1.ff."14-'q".4-4---ei411* "---iii'L-iitTfi-1-1. •c.-......:.-1:ck.:, i-'-A41,1 ..,:t*:;•.A.,•:-;:t.- • : 4D® CERTIFICATE OF LIABILITY INSURANCE 12/18/2013 THIS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Plymouth Insurance Agency,Inc. PH N°.EXIT 877-205-0682 FAX 2739 US Highway 19 North E-MAIL ("'c'"°)` Holiday, FL 34691 ADDRESS:_ INSURERIS)AFFORDING COVERAGE NAIC N INSURER A;..-State National Insurance CompanInc__—_ 12831 INSURED - INSURER B: South East Personnel Leasing,Inc. INSURER C: (LCF)Kad Paving Company INSURER D: 2739 Us Highway 19 North INSURER E: — Holiday,FL 34691 • INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR J _... ......... ADDL SUER ___.. .-.. ._.__ POLICY EFF •......POLICY EXP. ...... _""... LTR 1 TYPE OF INSURANCE INSR_WVD POUCY NUMBER (MMIDDIYYYY)j(M AIDDIYYYY) LIMITS I GENERAL LIABILITY - I I EACH OCCURRENCE 5 I COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED I PREMISES(Ea occurrence) $ CLAIMS-MADE j OCCUR MED EXP(Any one person) $ - -- — --- PERSONAL&ADV INJURY $ --- - GENERAL AGGREGATE S _. (Wen AGGRF GA1 F 1_IMI I APPI IFS PER' ,PRODUCTS-COMP/OP AGO $ J POLICY PRO- - 1 JECT i LOC $ AU,OMOBiLELinbiL,ri _ _ - - - --- - - --.-- -.__ —4 - _..J_CO4B'NFDSJWILELAdr .- (Fa accident) _ _I ANY AUTO ! BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) S HIRED AUTOS NON-OWNED PROPERTY DAMAGE _-- .............. UTOS (Per accident) $ S 1 UMBRELLA UAB OCCUR EACH OCCURRENCE S EXCESS(JAB CLAIMS-MADE AGGREGATE $ DED .RETENTIONS A AND EMPLOYERS1 WORKERS 'LIABILITY - x--TVA STATU- I IOTH- $ ANY PROPRIETOR(PA BILITYEXECUTIVE YIN CWC71949-0127 1/1/2014 1/1/2015 ..TOBY LIMITS ETI_ OFFICER/MEMBER EXCLUDED? N N I A E.L EACH ACCIDENT S $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ $1,000,000 If yes,describe under 1 i DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT S $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) (California Operations Only)Coverage is extended to leased employees as approved and assigned by South East Personnel Leasing,Inc.but not subcontractors or nonleased employees of:Kad Paving Company STREET REPAIR&REHABILITATION PROJECT VARIOUS JOBSITE LOCATIONS IN CA FAX:909-790-3369&951-769-8526/ISSUE 03-01-13(JH) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF BEAUMONT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 550 E 6TH STREET AUTHORIZED REPRESENTATIVE caeoop BEAUMONT, CA 92223 `.f I ®1988- ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD • . , , 4'ffil4411•1,441,,•(,)14!,:f•ti..1qt,..11.4143.4t:.r.!mt.ttein(., . h...44.4...,c.04.01.0.• :;:A14::i• 4 4'.• . ..-. . ' Imri IIIII 1 ill 'I '41 1 i 11 11111 111 ,.. , f 1 .,,: • . , • ;.;.tj . ,, • ; ; 1 ACORO® CERTIFICATE.OF LIABILITY INSURANCE DATE(MMIDO/YYYY) `...�� 12/18/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Plymouth Insurance Agency,Inc. PHONE AIL No.Ext): (A/C,(FAX AIC,Not 2739 US Highway 19 North EMAIL ADDRESS Holiday, FL 34691 INSURERS)AFFORDING COVERAGE NAIC Y INSURER A:State National Insurance Company,Inc 12831 INSURED INSURER B: South East Personnel Leasing,Inc. INSURER C: (LCF)Kad Paving Company INSURER 0: 2739 Us Highway 19 North INSURER E Holiday,FL 34691 _INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR _.._. ADDL SUER __.. .........' POLICY EFF POLICY EXP ........... ." LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER }(MM/DDIYYVY (MMIOD/YYYYL LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY l DAMAGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE L J OCCUR MED EXP(Any one person) $ PERSONAL S.ADV INJURY S ... _. GENERAL AGGREGATE...._. $ _... ._..... GENT AGGREGATE I IMIT APPLIES PER' PRODUCTS•COMP/OP AGO' $ POLICY PCT LOC $ AUTOMOBILE LIABILITY 'COMBINED SINGLE LIMIT ANY AUTO . BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident $ AUTOS AUTOS ) ............... ............_._ ............... NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) S $ .. UMBRELLA UAB OCCUR EACH OCCURRENCE 5 EXCESS LIAB __CLAIMS-MADE AGGREGATE S DED RETENTION S I ' $ WORKERS COMPENSATION x II WC STATU- ll IIOTH A AND' EMPLOYERS'LIABILITY ..._.IAM_ 'OIMITSI___..L...EB._ ANYIPROPRIETO-RIPARTNER/E PROPRIETOR/PARTNER/EXECUTIVE NN NIA CWC71949-0127 1/1/2014 1/1/2015 EL EACH ACCIDENT S $1,000,000 !(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S $1,000,000 it yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $1,000,000 1 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) (California Operations Only)Coverage Is extended to leased employees as approved and assigned by South East Personnel Leasing,Inc.but not subcontractors or nonleased employees of:Kad Paving Company 6TH STREET&AMERICAN AVE BEAUMONT CA ISSUE 07-22-13(MT) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF BEAUMMONT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 555 E. 6TH STYREET BEAUMIOJTNT AUTHORIZED REPRESENTATIVE C.a BEAUMONT, CA 92223 Ad pt l ©1988- ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I i t. ..1 i.t. ,trait., .S. U t_lart i. ( ,0.t 1Ltt..:t� -J_S4 C=a, :'•r -+�. rm••rr••r•r•rr• •r•rl•rrrr••rrrr rrr`•••rr••r•• •rr•r• `~ . EZZZ6 VD '1Novinv39 •9bE 3003dIZ WO21�0311tlW •- - 1N1[OIWfIb'39 13321A1S H.1.9 '3 SSS OZ 61.03(3 L6S9SS9000 .ctt'l{+ty''F, P.00 $ bl Z 0 I �k ,�ii INOWWf1V39 JO MID SWAMI A]Nlld 0CC7 1_5-r,J 1I 1111) G � 'ira.✓ 04 : ,a- T6917£ 13 'Aep!IoH • LIMN 61 AeMy61H Sn 6£LZ ACGR ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12/18/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Plymouth Insurance Agency,Inc. 1 Ne.Ertl 877-205-0682 FAX 2739 US Highway 19 North EMAIL (AIC,No): Holiday, FL 34691 ADDRESS: ............. INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:State National Insurance Company,Inc 12831 INSURED INSURER B South East Personnel Leasing,Inc. INSURER C: (LCF)Kad Paving Company INSURER D: 2739 Us Highway 19 North INSURER E Holiday,FL 34691 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER' POLICY EFF POLICY EXP- -- --- ---" _-_- - LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMlDD/YYYY1 YY {MM/DDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ I CLAIMS-MADE I I OCCUR MED EXP(Any one person) $ _ PERSONAL d ADV INJURY $ .... ........... ... ......--_ ..._.. GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG_ $ POLICY JEO- 7 LOC $ � AUTUMObILC LIAd1UTf -- _- - - ------ - - - - - - __._ _CC'MBWF�LSINr3lFJ-WILT— (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Par accident) S NON-OWNED PROPERTY DAMAGE E ---. --- -- HIRED AUTOS AUTOS ---�- .- (Per accident) I I ` , _ I $ UMBRELLA LIAB {OCCUR EACH OCCURRENCE $ EXCESS LIAB I 1 EACH OCCURRENCE ! I 1 -....-_...._ .._.._..._ �CLAIMS-MADE ..... _.._._...j AGGREGATE $ I DED . RETENTION$ ! $ WORKERS COMPENSATION I j X WC STATU- I OTH- A AND EMPLOYERS'LIABILITY _I.TORY LIMLTS 1____I...ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN CWC71949-0127 1/1/2014 1/1/2015 EL EACH ACCIDENT' $ $1,000,000 1(MaOFFICER/MEMBERrIn EXCLUDED? I N I NIA E.L.DISEASE-EA EMPLOYEE E $1,000,000 (Mandatory In NH) 1 If yes,describe under I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) (California Operations Only)Coverage is extended to leased employees as approved and assigned by South East Personnel Leasing,Inc.but not subcontractors or nonleased employees of:Kad Paving Company ORANGE AVENUE,BEAUMONT,CA FAX:909-790-3369/ISSUE 02-26-13(TD) CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF BEAUMONT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 550E.6TH STREET AUTHORIZED REPRESENTATIVE BEAUMONT, CA 92223 Ai f7t. Ca,00°1 ©1988- ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD • • • • ;„ t VIII 11111 I t It•11 I It I"„ma CITY OF BEAUMONT 1 l! i1f:C November 21, 2013 KAD Paving Company dba KAD Engineering 12170 10th Street Yucaipa, CA 92399 RE: Agreement for Services by Independent Contractor Repair on Brookside Avenue Dear Mr. Wheeler: Enclosedplease find one copyof the above referenced agreement which was 9 considered and approved by the Beaumont City Council at the regular meeting of November 19, 2013. Sincerely, ,, ' .41 Shelby Hanvey Assistant to th- ity Manager Administrative ervices Manger/ Deputy City Clerk 550 E. 6th Street • Beaumont • CA • 92223 • Phone: (951) 769-8520 • Fax: (951) 769-8526 www.ci.beaumont.ca.us + Rev. 09/05 AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR (Project Name: Repair on Brookside Avenue) THIS AGREEMENT is made and effective as of the 19th day of November, 2013,by and between the CITY OF BEAUMONT ("OWNER")whose address is 550 E. 6th Street, Beaumont, California 92223 and Kad Paving Company dba Kad Engineering.,whose address is 12173, 10th street,Yucaipa, CA 92399 ,telephone(909) 790 3366, fax(909) 790 3369 e-mail kadpaving@yahoo.com,Fed. Tax Id. No. 27-0618394 ("CONTRACTOR"). RECITALS This Agreement is entered into on the basis of the following facts,understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such services as may be assigned, from time to time,by OWNER in writing for the purpose of Street Repair and Pavement Rehabilitation. B. The specific services to be performed by CONTRACTOR shall be described in one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this Agreement. C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills, qualifications,personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until end January 2014 ,unless extended or sooner terminated as provided for herein. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned, from time to time, in writing by the City Council of OWNER. Each such assignment shall be made in the form of a written Task Order. Each such Task Order shall include,but shall not be limited to, a description of the nature and scope of the services to be performed by CONTRACTOR,the amount of compensation to be paid, and the expected time of completion. Page 1of10 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform each such assignment;provided, however,that CONTRACTOR shall not subcontract any of the work to be performed without the prior written consent of OWNER. 4. Compensation. 4.01 In consideration for the services to be performed by CONTRACTOR, OWNER agrees to pay CONTRACTOR as provided for in each Task Order. 4.02 Each Task Order shall specify a total not-to-exceed sum of money and shall be based upon CONTRACTOR's schedule of regular hourly rates customarily charged by CONTRACTOR to its clients. 4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary expenses incurred by CONTRACTOR in the performance of services for OWNER. Reimbursement shall be according to a schedule of reimbursable expenses included in each Task Order. 4.04 CONTRACTOR shall not be compensated for any services rendered nor reimbursed for any expenses incurred in excess of those authorized in any Task Order unless approved in advance by the City Council of OWNER,in writing. 4.05 Unless otherwise provided for in any Task Order issued pursuant to this Agreement, CONTRACTOR agrees that payment of compensation earned shall be made in monthly installments within 30 business days after receipt of a detailed, corrected, written invoice describing in reasonable detail,to the extent applicable,the services performed,the time spent performing such services, the hourly rate charged therefor,the identity of individuals performing such services for the benefit of OWNER, and materials consumed or used. Such invoice shall also include a detailed itemization of authorized expenses incurred. 5. Obligations of Contractor. 5.01 CONTRACTOR agrees to perform all assigned services in accordance with the terms and conditions of this Agreement and those specified in each Task Order. 5.02 Except as otherwise provided for in each Task Order, CONTRACTOR will supply all personnel,materials and equipment required to perform the assigned services. 5.03 CONTRACTOR shall keep OWNER informed as to the progress of the work assigned hereunder,by means of regular and frequent consultations. From time-to-time,when requested by the OWNER, CONTRACTOR shall prepare written status reports. Page 2 of 10 5.04 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than $ 2 million per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required /Not Required_x_; Obtain a policy of errors and omissions insurance in a minimum amount of$ per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any services for OWNER; c. Comply with all applicable local (including OWNER's), state and federal laws,rules and regulations regarding,by way of example and not by limitation,nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law and custom. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first Task Order. Such policies shall be issued by a highly rated insurer(minimum Best's Ins. Guide rating of"A:VII")licensed to do business in California, and shall provide that they shall not be cancelled or amended without 30 days'prior written notice to OWNER. Self- insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any, loss,injury or damage to property or persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 5.05 CONTRACTOR and OWNER agree that OWNER,its employees, agents and officials should, to the extent permitted by law,be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees,litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly,the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to OWNER. CONTRACTOR acknowledges that OWNER would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect OWNER as set forth here. Page 3of10 5.05.1 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless OWNER, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings,regulatory proceedings,losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by owner, court costs, interest, defense costs,including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly,in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend,indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR(and/or CONTRACTOR's agents and/or employees)is alleged to be an employee of OWNER. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by OWNER. 5.05.2 Without affecting the rights of OWNER under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless OWNER as set forth above for liability attributable to the sole fault of OWNER,provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where OWNER is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where OWNER's fault accounts for only a percentage of the liability involved. In those instances,the obligation of CONTRACTOR will be all-inclusive and OWNER will be indemnified for all liability incurred, even though a percentage of liability is attributable to conduct of OWNER. CONTRACTOR acknowledges that its obligation pursuant to this Section extends to liability attributable to OWNER, if that liability is less than the sole fault of OWNER. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of OWNER. 5.06 In the event that OWNER requests that specific employees or agents of CONTRACTOR supervise or otherwise perform the services specified in each Task Order, CONTRACTOR shall ensure that such individual (or individuals) shall be appointed and assigned the responsibility of performing the services. 5.07 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates,the same shall be furnished in conformance with local, state and federal laws,rules and regulations. Page 4 of 10 5.08 CONTRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement,unless otherwise expressly provided for in any Task Order issued pursuant to this Agreement. In the event OWNER is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.09 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.10 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace. 5.11 Drug and Alcohol Testing Policy. The CONTRACTOR agrees to establish an anti-drug use and alcohol misuse program consistent with the requirements of this Section. The CONTRACTOR's anti-drug use and alcohol misuse program shall include the following: a. The adoption, and enforcement, of a policy on prohibited drug use and alcohol misuse in the workplace, including the consequences associated with prohibited drug use and alcohol misuse. The CONTRACTOR shall disseminate the policy statement to its employees; b. An education and training program in which employees and their supervisors shall receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and work environment, and on the signs and symptoms that may indicate prohibited drug use and alcohol misuse. In addition, supervisors shall receive an additional 60 minutes of training on the physical,behavioral and performance indicators of probable drug use and alcohol misuse; c. A testing program which meets the requirements of Section 3 below; and d. Procedures for referring an employee who has a verified positive drug test result or an alcohol concentration of 0.04 or greater to a substance abuse professional. Page 5 of 10 5.12 Drug and Alcohol Testing. a. Drug Testing_ The CONTRACTOR shall establish a program that provides testing for prohibited drugs in the following circumstances: pre- employment,post-accident,reasonable suspicion,random and return to duty/follow-up. When administering a drug test,the CONTRACTOR agrees to ensure that the following drugs are tested for: marijuana, cocaine, opiates, amphetamines, and phencyclidine. b. Alcohol Testing: The CONTRACTOR shall establish a program that provides for testing of alcohol in the following circumstances: post-accident, reasonable suspicion,random and return to duty/follow-up. The CONTRACTOR shall prohibit an employee,while having an alcohol concentration of 0.04 or greater, from performing or continuing to perform a safety-sensitive function. 5.13 Background Investigations. CONTRACTOR acknowledges that certain of CONTRACTOR's employees perform services that have the potential for endangering the health and safety of members of the general public, and have unrestricted access to sensitive OWNER operations and facilities which, if improperly operated or maintained, could result in personal injury or death to themselves, co-workers and the public. Therefore, the CONTRACTOR hereby agrees, at its sole cost and expense, to develop and implement an employee security system and program that includes,but is not limited to, the following: a. A personal history statement; b. Reference checks; c. Photographs; d. Fingerprinting; e. Background investigation,including information from the California Department of Justice and the Department of Motor Vehicles. 6. Obligations of Owner. 6.01 OWNER shall do the following in a manner so as not to unreasonably hinder the performance of services by CONTRACTOR: a. Provide information,requirements and criteria regarding OWNER's project; b. Furnish all existing studies,reports and other available data and items pertinent to each Task Order that are in OWNER's possession; Page 6 of 10 c. Designate a person to act as a liaison between CONTRACTOR and the City Council of OWNER. 7. Additional Services, Changes and Deletions. 7.01 During the term of this Agreement,the City Council of OWNER may, from time to time, and without affecting the validity of this Agreement or any Task Order issued thereunder, order changes, deletions and additional services by the issuance of written change orders authorized and approved by the City Council of OWNER. 7.02 In the event CONTRACTOR performs additional or different services than those described in any Task Order or authorized change order without the prior written approval of the City Council of OWNER, CONTRACTOR shall not be compensated for such services. 7.03 CONTRACTOR shall promptly advise OWNER as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of services to be provided pursuant to this Agreement. All proposed changes,modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City Council of OWNER. 7.04 In the event that OWNER orders services deleted or reduced, compensation shall likewise be deleted or reduced by a fair and reasonable amount and CONTRACTOR shall only be compensated for services actually performed. In the event additional services are properly authorized,payment for the same shall be made as provided in Section 4 above. 8. Termination of Agreement. 8.01 In the event the time specified for completion of an assigned task in a Task Order exceeds the term of this Agreement, the term of this Agreement shall be automatically extended for such additional time as is necessary to complete such Task Order, and thereupon this Agreement shall automatically terminate without further notice. 8.02 Notwithstanding any other provision of this Agreement, OWNER, at its sole option,may terminate this Agreement at any time by giving 10 days'written notice to CONTRACTOR,whether or not a Task Order has been issued to CONTRACTOR. 8.03 In the event of termination,the payment of monies due CONTRACTOR for work performed prior to the effective date of such termination shall be paid within 45 business days after receipt of an invoice as provided in this Agreement. Upon payment for such services, CONTRACTOR agrees to promptly provide and deliver to OWNER all original documents,reports, studies,plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to OWNER. Page 7 of 10 9. Status of Contractor. 9.01 CONTRACTOR shall perform the services assigned by OWNER in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of OWNER. CONTRACTOR shall be under the control of OWNER only as to the result to be accomplished and the personnel assigned to perform services. However, CONTRACTOR shall regularly confer with OWNER's City Council as provided for in this Agreement. 9.02 CONTRACTOR hereby specifically represents and warrants to OWNER that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 10. Ownership of Documents; Audit. 10.01 All draft and final reports,plans, drawings, studies,maps,photographs, specifications,data,notes,manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of services assigned to it by OWNER shall become the sole property of OWNER, and CONTRACTOR shall promptly deliver all such materials to OWNER. At the OWNER's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions. If OWNER uses such documents for any purpose other than for which they were prepared without CONTRACTOR's prior written approval, OWNER hereby waives any claims against CONTRACTOR and will hold CONTRACTOR harmless from any claim or liability for injury or loss arising from OWNER's unauthorized use. 10.02 Subject to applicable federal and state laws,rules and regulations, OWNER shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not use for purposes other than the performance of this Agreement,nor shall CONTRACTOR release, reproduce, distribute,publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement,nor authorize others to do so, without the prior written consent of OWNER. 10.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as OWNER may deem necessary, CONTRACTOR shall make available to OWNER's agents for examination all of such records and shall permit OWNER's agents to audit, examine and reproduce such records. Page 8ofl0 11. Miscellaneous Provisions. 11.01 This Agreement supersedes any and all previous agreements, either oral or written,between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 11.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 11.03 CONTRACTOR shall comply with all applicable local, state and federal laws,rules,regulations, entitlements and/or permits applicable to,or governing the services authorized hereunder. 11.04 If required by law, CONTRACTOR shall file Conflict of Interest Statements with OWNER. 11.05 Any dispute which may arise by and between the OWNER and the CONTRACTOR, including the CONTRACTOR's subcontractors, laborers, and suppliers, shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with its construction industry rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three arbitrators,unless the PARTIES agree in writing to submit the matter before a single arbitrator. The arbitrators must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. The arbitrators' decision and award are subject to judicial review for errors of fact or law in accordance with Section 1296 of the Code of Civil Procedure,by a Superior Court of competent venue and jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the contrary,prior to the appointment of the arbitrators, all disputes shall first be submitted to non-binding mediation, conducted by either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with their respective rules and procedures for such mediation. In any arbitration or litigation arising out of this Agreement, or the performance of any obligation under this Agreement, the arbitrators or the court in such arbitration or litigation shall award costs and expenses of arbitration or litigation, including mediation and arbitration fees and expenses, expert witness fees and attorneys' fees, to the prevailing PARTY. Page 9 of 10 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement as of the day and year first above-written. OWNER: CONTRACTOR: CITY OF BEAUMONT Kad Paving Company. By 1 I-I q-13 By Mayor, City Council Print Name 'Do ns N%E ()v•-eeter Title Pce' T Page 10of10 CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Repair on Brookside Avenue) TASK ORDER NO.: One CONTRACTOR: Name: Kad Paving Company dba Kad Engineering Address: 12173 10th Street,Yucaipa, CA 92399 Telephone: (909) 790 3366 Fax: (909) 790 3369 E-mail: kadpaving@yahoo.com Fed. Tax Id.: 27-0618394 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT("OWNER") and Kad Paving Company("CONTRACTOR") dated November 19, 2013 (the "AGREEMENT"). 1. Task to be Performed. CONTRACTOR shall provide all labor,materials and equipment to perform the following task(choose and check one): x_See Exhibit "A", attached hereto Description of Task: 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before January 30, 2014. 3. Liaison of OWNER. Mr Kishen Prathivadi shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: (Check if this Paragraph 4 Not Applicable: ) Donald Wheeler Jr Page 1 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated,the following: (Check if this Paragraph 5 Not Applicable: _xx ) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not-to-exceed lump sum of$ 65,637.50 payable as follows: 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR(choose and check one:) shall/_xx_shall not/be entitled to reimbursement for expenses. If authorized by this Task Order,reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order(choose and check one): Not applicable x See Exhibit "A", attached hereto; or Description: IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated below. CITY OF BEAMONT Dated: /'/3 By CONTRACTOR: Kad Paving Company Dated: By J 03, r, re.\-e_ Print Name (� c,51 o Title Page 2 of 2 < i KAD PAVING COMPANY DBA KAD ENGINEERING 32147Dunlap Blvd Ste K Phone: (909)790-3366 YUCAIPA,CA 92399 Fax:(909)790-3369 GEN.CONTRACTORS"A" LIC#937845&C-12 BID#JD-1053 CONTRACT/PROPOSAL PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: Kishen Brookside Ave Beaumont, CA 92223 PHONE: Email: kprathivadi@gmail.com ATT:Kishen Date: 11-7-13 KAD Paving Company will provide all materials,perform all labor,and supply all equipment for the completion of the project(s) specified below. KAD Paving Company guarantees the usage of all materials specified within the contents of this contract/proposal. Recommendation Half Brookside Ave Street Improvement *Asphalt Header Grind—Approx 26'x15'(2) -Grind at each end from the south side of Brookside Ave to the center line from a depth of 3/4"—0"for smooth transitions -Grind where needed at each concrete driveway and any other structure as needed for 0"face transition after the overlay is completed -Haul away asphalt to proper dumpsite *Asphalt Leveling Course Overlay—Totaling 78,750 SF -Power clean the area of all debris/vegetation -Apply SS-11I tack oil for binding purposes -Install on average 3/8"of new hot mix asphalt to entire path of travel -Roll for a 95%compaction rate and smooth finish $0.55 per SF @ 78,750 SF=$43,125.00 *Type 2 Road Slurry—Totaling 78,750 SF -Apply Type 2 Road Slurry with a 2%latex additive to the same SQ.FT.(78,750) $0.22 per SF @ 78,750 SF=$17,325.00 *Traffic Control -Supply all according flagmen,signs,arrow boards and notices to residents Lump Sum=$5,000.00 Grand Total=$65,637.50 EXCLUSIONS:BONDS,FEES,ASSESSMENTS,PERMITS,SURVEY,ENGINEERING,HAZARDOUS MATERIAL HANDLING OF ANY KIND,REMOVE/REPLACE/RELOCATE INTERFERING UTILIES,WATER SOURCE. Acceptance of Proposal The above work to be performed in accordance with drawings and the specifications submitted for The above work and complete in a workmanlike manner for the sum of:SEE ABOVE OPTIONS With payments to be made as follows: Upon Completion Any alteration or deviation from the specifications provided herein,will be executed only upon written orders,and will become an additional charge over and Above the estimate(s)provided in this document. Buyer agrees to pay all court costs and reasonable attorney's fees in the event of default or if this Contract is submitted to an attorney for enforcement purposes. Owner renders Contractor harmless and agrees to relieve Contractor of all liability for any unsatisfactory Results in the event that the Owner shall require Contractor to lay asphalt on sub-grade,which in the opinion of the Contractor,in unsatisfactory. Contractor is not responsible for damage to underground utilities or lines unless such utilities or lines have been properly staked in advance of operations. Damage caused by others to seal-coat,striping and surrounding area after back-fill seal-coat has been applied is the sole responsibility of Owner and Owner accepts full liability for such damage. Contractor is not responsible for back-fill,compaction of back-fill installed by others,reflective cracking on surface areas,and pre-existing engineering in respect to drainage. Owner accepts full liability for the aforementioned. All engineering,testing,inspection,and permit fees have been excluded from the contents of this contract and shall be deemed as collateral to contents of this Contract. This proposal shall expire in 60 days..Payment is due at completion of work.Interest will accrue©10%plus costs daily after 30 days*****.Material costs are only valid for 30 days from date of this proposal. Upon acceptance of bid,please complete the following information(per section 3097 California Civil Code Procedure). Sign and return one copy. Owner: Address: Submitted By: Donnie Wheeler Jr. Construction Lender: By: Donnie Wheeler Jr. Address: 7-Nov-13 General Contractor: Address: , Original Copy Office Signature: CITY OF BEAUMONT PROJECT PROGRESS REPORT BROOKSIDE AVENUE REPAIR Gas Tax Funds Project Name: Brookside Avenue Repair Source of Funds: Contract November 19,2013 Contractors: KAD Paving Company Date: Const.Budget: $65,637.50 A&E Budget: $7,876.50 Project Start Date: November 2013 Report Period: November 2013 Work Completed During Report Period: Request for proposal sent and proposal evaluated. Problems or Delays During Report Period: No delays Change Orders: No Change Orders Recommendation(s)for City Council Action: Approve and execute Agreement and Task Order No. 1 Approved and authorized by: Mayor Signa Date of City Council Approval CITY OF BEAUMONT „ (v„ '(''� t•�l_ 21, 20131, Pt L November wp_ KAD Paving Company „ dba KAD Engineering 12170 10th Street Yucaipa, CA 92399 R • A greement for Services by Independent Contractor Repair on Brookside Avenue Dear Mr. Wheeler: Enclosed pleasefind one copy of the above referenced agreement which was considered and approved by the Beaumont City Council at the regular meeting of November 19, 2013. Sincerely, Shelby Hanvey Assistant to th_( ity Manager Administrative ervices Manger/ Deputy City Clerk 550 E. 6th Street • Beaumont • CA • 92223 • Phone: (951) 769-8520 • Fax: (951) 769-8526 www_ri_heaumont.ca.us For, W-9 Request for Taxpayer Give Form to the (Rev.December2011) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service Name(as shown on your income tax return)) KAD PAVING COMPANY Business name/disregarded entity name,if different from above g DBA KAD ENGINEERING a Check appropriate box for federal tax classification: 0 individual/sole proprietor ✓❑ C Corporation 0 S Corporation 0 Partnership 0 Trust/estate _O 2+ ❑ 0 Exemptpayee Limited liabil'rtY company.Eater the tax classification( =C conPo►ation,S=S conP ion,P= artnershi ) �,t ✓ 0 Other(see instructions)► Address(number,street,and apt or suite no.) Requester's name and address(optional) 32147 DUNLAP BLVD.STE. K CITY OF BEAUMONT City,state,and ZIP code 550 E.6TH ST. YUCAIPA CA 92399 BEAUMONT,CA 92223 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line I Social security number to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other — — entities,it is your employer identification number(EIN).If you do not have a number,see How to get a 77N on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. 2 7 - 0 6 1 8 3 9 4 Part II Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. I am a U.S.citizen or other U.S.person(defined below). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 4. . Sign signature I ,H@r@ U.S.prso � ' / EI(Qh3 General Instruc ons Note.If a requester gives you a form other than Form W-9 to request your TIN,you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W-9. noted. Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who is required to file an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien, obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property,cancellation •An estate(other than a foreign estate),or of debt,or contributions you made to an IRA. Use Form W-9 only if you are a U.S.person(including a resident •A domestic trust(as defined in Regulations section 301.7701-7). alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or requester)and,when applicable,to: business in the United States are generally required to pay a withholding 1.Certifythat the TINyou are givingis correct(oryou are waitingfora tax on any foreign partners'share of income from such business. Further,in certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner is a foreign person, 2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a 3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) CIU- 1-10 THIS IS NOTA LIEN. THIS NOTICE IS GIVEN CALIFORNIA PURSUANT TO CALIFORNIA CIVIL CODE PRELIMINARY §8034(a),8102,8200 ET SEQ.RKND FOLIVATE 0 NOTICE §8034(b),8102CAL, 9300 ET SEQRNIACIVI. PUBLICCODE WORKS. 1111 7196 9004 5231 9855 1023 A62624 198551 YOU ARE HEREBY NOTIFIED THAT... VULCAN MATERIALS CO-WEST REGION 9472 OWNER or Reputed Owner(on private work) 02 500 N BRAND BLVD#500 or PUBLIC AGENCY(on public work) GLENDALE CA 91203 CITY OF BEAUMONT 550 E 6TH ST has furnished or will furnish work,labor,services,equipment or material of the following general description: 40867 BEAUMONT CA 92223 READY MIX CONCRETE,AGGREGATES ASPHALT AND RELATED MATERIALS CONSTRUCTION LENDER or Reputed Construction Lender, if any. for the building,structure or other work of improvement located at the following address or site: NONE/NO BOND REQUIRED PER THE GENL CONTR BROOKSIDE AVE&HIGHLAND SPRINGS BEAUMONT CA "BROOKSIDE AVENUE STREET IMPROVEMENTS" DIRECT CONTRACTOR or 03 JOB#13152 Reputed Direct Contractor,if any. 909-790-3366 An estimate of the total price of labor,services, K A D PAVING COMPANY equipment and/or materials furnished or to be furnished is: 32147 DUNLAP BLVD#K $9,532.36 YUCAIPA CA 92399 SUB CONTRACTOR/The person or firm to whom such labor,services,equipment or material is provided: o '7on. 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Tax Id.No. 27-0618394 ("CONTRACTOR"). RECITALS This Agreement is entered into on the basis of the following facts,understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such services as may be assigned, from time to time, by OWNER in writing for the purpose of Repaving and Striping. B. The specific services to be performed by CONTRACTOR shall be described in one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this Agreement. C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills, qualifications,personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until end March 2013 , unless extended or sooner terminated as provided for herein. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned, from time to time, in writing by the City Council of OWNER. Each such assignment shall be made in the form of a written Task Order. Each such Task Order shall include,but shall not be limited to, a description of the nature and scope of the services to be performed by CONTRACTOR,the amount of compensation to be paid, and the expected time of completion. Page 1 of 10 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform each such assignment; provided, however,that CONTRACTOR shall not subcontract any of the work to be performed without the prior written consent of OWNER. 4. Compensation. 4.01 In consideration for the services to be performed by CONTRACTOR, OWNER agrees to pay CONTRACTOR as provided for in each Task Order. 4.02 Each Task Order shall specify a total not-to-exceed sum of money and shall be based upon CONTRACTOR's schedule of regular hourly rates customarily charged by CONTRACTOR to its clients. 4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary expenses incurred by CONTRACTOR in the performance of services for OWNER. Reimbursement shall be according to a schedule of reimbursable expenses included in each Task Order. 4.04 CONTRACTOR shall not be compensated for any services rendered nor reimbursed for any expenses incurred in excess of those authorized in any Task Order unless approved in advance by the City Council of OWNER, in writing. 4.05 Unless otherwise provided for in any Task Order issued pursuant to this Agreement, CONTRACTOR agrees that payment of compensation earned shall be made in monthly installments within 30 business days after receipt of a detailed, corrected, written invoice describing in reasonable detail,to the extent applicable,the services performed,the time spent performing such services,the hourly rate charged therefor,the identity of individuals performing such services for the benefit of OWNER, and materials consumed or used. Such invoice shall also include a detailed itemization of authorized expenses incurred. 5. Obligations of Contractor. 5.01 CONTRACTOR agrees to perform all assigned services in accordance with the terms and conditions of this Agreement and those specified in each Task Order. 5.02 Except as otherwise provided for in each Task Order, CONTRACTOR will supply all personnel,materials and equipment required to perform the assigned services. 5.03 CONTRACTOR shall keep OWNER informed as to the progress of the work assigned hereunder, by means of regular and frequent consultations. From time-to-time, when requested by the OWNER, CONTRACTOR shall prepare written status reports. Page 2 of 10 5.04 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than$ 2 million per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required /Not Required x_; Obtain a policy of errors and omissions insurance in a minimum amount of$ per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any services for OWNER; c. Comply with all applicable local (including OWNER's), state and federal laws, rules and regulations regarding, by way of example and not by limitation,nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law and custom. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first Task Order. Such policies shall be issued by a highly rated insurer(minimum Best's Ins. Guide rating of"A:VII") licensed to do business in California, and shall provide that they shall not be cancelled or amended without 30 days'prior written notice to OWNER. Self- insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any, loss, injury or damage to property or persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 5.05 CONTRACTOR and OWNER agree that OWNER, its employees, agents and officials should,to the extent permitted by law,be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly,the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to OWNER. CONTRACTOR acknowledges that OWNER would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect OWNER as set forth here. Page 3 of 10 5.05.1 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless OWNER, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by owner, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR(and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of OWNER. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by OWNER. 5.05.2 Without affecting the rights of OWNER under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless OWNER as set forth above for liability attributable to the sole fault of OWNER,provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where OWNER is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where OWNER's fault accounts for only a percentage of the liability involved. In those instances,the obligation of CONTRACTOR will be all-inclusive and OWNER will be indemnified for all liability incurred, even though a percentage of liability is attributable to conduct of OWNER. CONTRACTOR acknowledges that its obligation pursuant to this Section extends to liability attributable to OWNER, if that liability is less than the sole fault of OWNER. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of OWNER. 5.06 In the event that OWNER requests that specific employees or agents of CONTRACTOR supervise or otherwise perform the services specified in each Task Order, CONTRACTOR shall ensure that such individual (or individuals) shall be appointed and assigned the responsibility of performing the services. 5.07 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates,the same shall be furnished in conformance with local, state and federal laws,rules and regulations. Page 4 of 10 5.08 CONTRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement, unless otherwise expressly provided for in any Task Order issued pursuant to this Agreement. In the event OWNER is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.09 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.10 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace. 5.11 Drug and Alcohol Testing Policy. The CONTRACTOR agrees to establish an anti-drug use and alcohol misuse program consistent with the requirements of this Section. The CONTRACTOR's anti-drug use and alcohol misuse program shall include the following: a. The adoption, and enforcement, of a policy on prohibited drug use and alcohol misuse in the workplace, including the consequences associated with prohibited drug use and alcohol misuse. The CONTRACTOR shall disseminate the policy statement to its employees; b. An education and training program in which employees and their supervisors shall receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and work environment, and on the signs and symptoms that may indicate prohibited drug use and alcohol misuse. In addition, supervisors shall receive an additional 60 minutes of training on the physical, behavioral and performance indicators of probable drug use and alcohol misuse; c. A testing program which meets the requirements of Section 3 below; and d. Procedures for referring an employee who has a verified positive drug test result or an alcohol concentration of 0.04 or greater to a substance abuse professional. Page 5 of 10 5.12 Drug and Alcohol Testing. a. Drug Testing: The CONTRACTOR shall establish a program that provides testing for prohibited drugs in the following circumstances: pre- employment,post-accident,reasonable suspicion, random and return to duty/follow-up. When administering a drug test,the CONTRACTOR agrees to ensure that the following drugs are tested for: marijuana, cocaine, opiates, amphetamines, and phencyclidine. b. Alcohol Testing: The CONTRACTOR shall establish a program that provides for testing of alcohol in the following circumstances: post-accident, reasonable suspicion, random and return to duty/follow-up. The CONTRACTOR shall prohibit an employee, while having an alcohol concentration of 0.04 or greater, from performing or continuing to perform a safety-sensitive function. 5.13 Background Investigations. CONTRACTOR acknowledges that certain of CONTRACTOR's employees perform services that have the potential for endangering the health and safety of members of the general public, and have unrestricted access to sensitive OWNER operations and facilities which, if improperly operated or maintained, could result in personal injury or death to themselves, co-workers and the public. Therefore,the CONTRACTOR hereby agrees, at its sole cost and expense,to develop and implement an employee security system and program that includes, but is not limited to,the following: a. A personal history statement; b. Reference checks; c. Photographs; d. Fingerprinting; e. Background investigation, including information from the California Department of Justice and the Department of Motor Vehicles. 6. Obligations of Owner. 6.01 OWNER shall do the following in a manner so as not to unreasonably hinder the performance of services by CONTRACTOR: a. Provide information, requirements and criteria regarding OWNER's project; b. Furnish all existing studies,reports and other available data and items pertinent to each Task Order that are in OWNER's possession; Page 6 of 10 c. Designate a person to act as a liaison between CONTRACTOR and the City Council of OWNER. 7. Additional Services, Changes and Deletions. 7.01 During the term of this Agreement,the City Council of OWNER may, from time to time,and without affecting the validity of this Agreement or any Task Order issued thereunder, order changes,deletions and additional services by the issuance of written change orders authorized and approved by the City Council of OWNER. 7.02 In the event CONTRACTOR performs additional or different services than those described in any Task Order or authorized change order without the prior written approval of the City Council of OWNER, CONTRACTOR shall not be compensated for such services. 7.03 CONTRACTOR shall promptly advise OWNER as soon as reasonably practicable upon gaining knowledge of a condition,event or accumulation of events which may affect the scope and/or cost of services to be provided pursuant to this Agreement. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City Council of OWNER. 7.04 In the event that OWNER orders services deleted or reduced, compensation shall likewise be deleted or reduced by a fair and reasonable amount and CONTRACTOR shall only be compensated for services actually performed. In the event additional services are properly authorized, payment for the same shall be made as provided in Section 4 above. 8. Termination of Agreement. 8.01 In the event the time specified for completion of an assigned task in a Task Order exceeds the term of this Agreement,the term of this Agreement shall be automatically extended for such additional time as is necessary to complete such Task Order, and thereupon this Agreement shall automatically terminate without further notice. 8.02 Notwithstanding any other provision of this Agreement, OWNER, at its sole option, may terminate this Agreement at any time by giving 10 days'written notice to CONTRACTOR, whether or not a Task Order has been issued to CONTRACTOR. 8.03 In the event of termination,the payment of monies due CONTRACTOR for work performed prior to the effective date of such termination shall be paid within 45 business days after receipt of an invoice as provided in this Agreement. Upon payment for such services, CONTRACTOR agrees to promptly provide and deliver to OWNER all original documents,reports, studies,plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to OWNER. Page 7 of 10 9. Status of Contractor. 9.01 CONTRACTOR shall perform the services assigned by OWNER in CONTRACTOR'S own way as an independent contractor, and in pursuit of CONTRACTOR'S independent calling, and not as an employee of OWNER. CONTRACTOR shall be under the control of OWNER only as to the result to be accomplished and the personnel assigned to perform services. However, CONTRACTOR shall regularly confer with OWNER's City Council as provided for in this Agreement. 9.02 CONTRACTOR hereby specifically represents and warrants to OWNER that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 10. Ownership of Documents; Audit. 10.01 All draft and final reports,plans, drawings, studies,maps,photographs, specifications,data,notes,manuals,warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of services assigned to it by OWNER shall become the sole property of OWNER, and CONTRACTOR shall promptly deliver all such materials to OWNER. At the OWNER's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions. If OWNER uses such documents for any purpose other than for which they were prepared without CONTRACTOR's prior written approval, OWNER hereby waives any claims against CONTRACTOR and will hold CONTRACTOR harmless from any claim or liability for injury or loss arising from OWNER's unauthorized use. 10.02 Subject to applicable federal and state laws,rules and regulations, OWNER shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not use for purposes other than the performance of this Agreement,nor shall CONTRACTOR release,reproduce, distribute,publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement,nor authorize others to do so, without the prior written consent of OWNER. 10.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as OWNER may deem necessary, CONTRACTOR shall make available to OWNER's agents for examination all of such records and shall permit OWNER's agents to audit, examine and reproduce such records. Page 8 of 10 11. Miscellaneous Provisions. 11.01 This Agreement supersedes any and all previous agreements, either oral or written,between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 11.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 11.03 CONTRACTOR shall comply with all applicable local, state and federal laws, rules,regulations,entitlements and/or permits applicable to, or governing the services authorized hereunder. 11.04 If required by law, CONTRACTOR shall file Conflict of Interest Statements with OWNER. 11.05 Any dispute which may arise by and between the OWNER and the CONTRACTOR, including the CONTRACTOR's subcontractors, laborers, and suppliers, shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with its construction industry rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three arbitrators, unless the PARTIES agree in writing to submit the matter before a single arbitrator. The arbitrators must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. The arbitrators' decision and award are subject to judicial review for errors of fact or law in accordance with Section 1296 of the Code of Civil Procedure,by a Superior Court of competent venue and jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the contrary,prior to the appointment of the arbitrators, all disputes shall first be submitted to non-binding mediation, conducted by either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with their respective rules and procedures for such mediation. In any arbitration or litigation arising out of this Agreement, or the performance of any obligation under this Agreement, the arbitrators or the court in such arbitration or litigation shall award costs and expenses of arbitration or litigation, including mediation and arbitration fees and expenses, expert witness fees and attorneys'fees,to the prevailing PARTY. Page 9 of 10 IN WITNESS WHEREOF,the parties hereby have made and executed this Agreement as of the day and year first above-written. OWNER: CONTRACTOR: CITY OF BEAUMONT Kad Paving Company. • Mayor, City Council ' Print N. - , Atil �� ,er-Z Title, `V96(Deik Page 10 of 10 CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Repaving and Striping of Orange Avenue) TASK ORDER NO.: One CONTRACTOR: Name: Kad Paving Company dba Kad Engineering Address: 32147 Dunlap Blvd Suite K, Yucaipa, CA 92399 Telephone: (909) 790 3366 Fax: (909) 790 3369 E-mail: kadpaving@yahoo.com Fed. Tax Id.: 27-0618394 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT("OWNER") and Kad Paving Company("CONTRACTOR")dated February 5, 2013 (the "AGREEMENT"). 1. Task to be Performed. CONTRACTOR shall provide all labor,materials and equipment to perform the following task(choose and check one): x_ See Exhibit "A", attached hereto Description of Task: 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before end March 2013. 3. Liaison of OWNER. Mr./Ms. Kishen Prathivadi shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: (Check if this Paragraph 4 Not Applicable: ) Donald Wheeler Jr Page 1 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated,the following: (Check if this Paragraph 5 Not Applicable: xx ) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not-to-exceed lump sum of$28,440.00 payable as follows: 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR(choose and check one:) shall/_xx_shall not/be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order(choose and check one): Not applicable x_ See Exhibit "A", attached hereto; or Description: IN WITNESS WHEREOF,the parties have executed this Task Order on the date indicated below. CITY OF BEAMONT Dated: By CONTRACTOR: Kad 'ng Company Dated: B –Deivvoka Okcecdcrz—SZ Print N n e Title Page 2 of 2 rt �T cls qo -6p (i') m CITY OF BEAUMONT March 5, 2013 KAD Paving Company 32147 Dunlap Blvd. Ste. K Yucaipa, CA 92399 RE: Street Repair& Rehabilitation Project Sections of Fifth Street, Wellwood Avenue, Beaumont Avenue To Whom it May Concern: Attached please find the above referenced agreement which was approved by City Council on February 19, 2013. If you have any question, ple se feel free to contact us at your convenience. Sir ,rely, 1 Shelby Hanv- Administrativervices anager 550 E. 6th Street • Beaumont • CA • 92223 • Phone: (951) 769-8520 • Fax: (951) 769-8526 www.ci.beaumont.ca.us • • CITY OF BEAUMONT PROJECT PROGRESS REPORT Source of CDBG and Transportation Funds Project Name: Street Repair&Rehabilitation Project Funds: Contract January 15,2013 Contractors:TBD. Date: Const.Budget: $348,293 A&E Budget: $85,332 Project Start Date: January 2013 Report Period: January 2013 Work Completed During Report Period: • Prepared and processed grant applications.Prepared plans,specifications and bid documents. Problems or Delays During Report Period: •No delays Change Orders: • No Change Orders Recommendation(s)for City Council Action: Approve the plans and specifications,authorize a notice inviting public bids and authorize staff and qualified contractors to manage the bid process. Approved and authorized by: AirJ - 613 Mayor Signature Date of City Council Approval • STREET REPAIR & REHABILITATION PROJECT V nn ` PLAN FILE NO.1923 COMPANY:^Rp r��I PROPOSAL(ADDENDUM NO.2) DATE: ' 1- 13 ESTIMATED ITEM NO. QUANTITY UNIT DESCRIPTION UNIT PRICE _ TOTAL I 1 LS MOBILIZATION $ q/23 $ 9/ 2 1 LS TRAFFIC CONTROL $ ((1 CO $ (100 0 DUST ABATEMENT&WATER POLLUTION/EROSION 3 1 LS CONTROL s 5/493 s 51a3 PULVERIZE 12"OF EXISTING ROADWAY SECTION& 4 51,500 SF CEMENT TREAT 9"THICK OVER COMPACTED S �-j 3%$ 5 SUBGRADE / 7 J 5 51,500 SF CONSTRUCT 3"AC PAVING OVER CEMENT TREATED SS (07 q$o MATERIAL 3 Z GRIND 0.10'DEEP EXIST.ASPHALT PAVEMENT and � 6 114,000 SF PLACE 0.125'THICK HMAC $ `J ' ' a $ Z5,//YOa REMOVE&REPLACE DRIVEWAY APPROACH PER S O 7 800 SF STD.207(6"THICK) $ S' s 7 O 0 8 8 12 -ADJUST PCC RING)R MANHOLES TO GRADE(WITH 12"x $ 3 75 s 04"' REMOVE&REPLACE DAMAGED DRAINAGE �,.n 9 9 EA INLET/OUTLETow $ a $ c25,2 00 10 1 LS RESTORE TRAFFIC SIGNAL LOOPS 51 ODDS /00 O II 1 LS PAVEMENT STRIPING AND SIGNAGE $ T S g 12 900 CY REMOVE&REPLACE UNSUITABLE MATERIAL $ O. 7c 5 97(o`75 3"AC PAVING OVER REMOVE REMOVE AND ©o 13 1000 SF REPLACE UNSUITABLE MATERIAL AS DIRECTED S 2 S 2.000 BY ENGINEER '� ( $3a5 35�� TOTAL BID L . .l :►� � s� �. "�' ' "- -11 •.� �� i-., r - SI , (, "WORDS" at-CI x O (4i.1A- :3 _' \tt,„(..}- , .0.1„,„ 1 ,1 -, ��\� „ A 4., ,c1 4s_ 9A.S:4 � ' 211,1)3 AGREEMEBeaumontNT City Contract No. THIS AGREEMENT is entered into at Beaumont,California as of the date set forth below is between City of Beaumont hereafter called "City" and K I\ P A v► & 6,1,419,414/ hereafter called"Contractor". 32147 z• p [3LvD STE k ,'1 Ai PA 1 CA q2,39 WITNESSETH RECITALS: 1. Contractor has submitted to City his Contractor's Proposal for the construction of City STREET IR&REHABILITATION 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 PAR 1'IES AS FOLLOWS: 3. Contract Documents. The entire contract consists of the following: (a)The Agreement, (b)The Notice Inviting Bids, (c)The Instruction to Bidders, (d) The Contractor's Proposal, (e)The Bid Bond, (f)The Payment Bond, (g) The Performance Bond, (h)The General Conditions, (i)The Special Provisions, (j) The Standard Specifications of the State of California Department of Transportation edition of May 2010 as modified in other portions of the Contract Documents, (k)The Standard Plans of the Department of Transportation identified on the plans or in the Special Provisions, (1)The Plans, File Number 1923 (m)Addenda No. , (n)The Determination of Prevailing Wage Rates: (Attachment Titled: Prey.Wage CDBG) (o)Any Change Orders issued, (p) Any additional or supplemental specifications, notice, instructions and drawings issued in accordance with the provisions of the Contract Documents, and (q)Attachments inclusive of all exhibits. Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 15 of 35 q q STAFF REPORT Agenda Item • TO: Mayor and Council Members FROM: City Manager DATE: February 5, 2013 SUBJECT: Award Agreement and Task Order for Repaving and Striping of Orange Avenue Background and Analysis: Orange Avenue from Sixth Street to Eighth Street is currently in need of surface repairs due to waterline trenching and patching, and from pavement distress from years of use. Proposals to resurface with slurry and restripe the street were requested from three qualified contractors. The repairs would be accomplished by slurry sealing the road and striping it to facilitate additional parking. Three proposals were received which are attached and summarized below: Kad Paving Company: $28,440.00 CW Slurry Seal: $31,434.55 Jeremy Harris Construction: $33,328.90 Fiscal Impact: The proposed project will not impact the General Fund. The project will be funded by Transportation Funds. Recommendation: Staff recommends AWARD of a contract and task order with Kad Paving Company, APPROVAL of the Project Progress Report, AUTHORIZATION of the Mayor to execute the contract, task order and Project Progress Report subject to the authority of the City Attorney to make non- substantive changes. Respectf. submitted: CITY 'd : AUMO an C. Kapanicas ity Manager CITY OF BEAUMONT PROJECT PROGRESS REPORT REPAVING AND STRIPING OF ORANGE AVENUE Transportation Funds Project Name: Repaving and Striping of Orange Avenue Source of Funds: Contract February 5,2013 Contractors: Kad Paving Date: Const.Budget: $28,440.00 A&E Budget: As per Qualified Contractors Project Start Date: January 2013 Report Period: February 2013 Work Completed During Report Period: Request for proposals were sent and proposals were evaluated . Problems or Delays During Report Period: •No delays Change Orders: • No Change Orders Recommendation(s)for City Council Action: Approve and execute Agreement and Task Order No. I Approved and authorized by: February 5, 2013 Mayor Signat e Date of City Council Approval PAGE 1 OF 1 KAD PAVING COMPANY DBA KAD ENGINEERING 32147 DUNALP BLVD SUITE"K" Phone: (909)790-3366 Cell#:951-322-5650 YUCAIPA,CA 92399 GEN. CONTRACTORS"A" LIC#937845&C-12 Fax: (909)790-3369 CONTRACT/PROPOSAL PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: CITY OF BEAUMONT ORANGE STREET PARKING LOT PHONE: FAX: ATT:ESTIMATOR Date:01/28/2013 KAD Paving Company will provide all materials,perform all labor,and supply all equipment for the completion of the project(s) specified below. KAD Paving Company guarantees the usage of all materials specified within the contents of this contract/proposal. ITEM # DESCRIPTION QTY UNIT PRICE TOTAL 1 DETAIL 1 - YELLOW SKIP 645 L.F. $0.96 $619.20 2 DETAIL 21- DOUBLE SOID YELLOW STRIPE 400 L.F $ 2.70 $1,080.00 3 INSTALL HANDICAP PAVEMENT MARKING STD 3B-19(CA)(M1rTCD) $ $—,- 4 APPLY "STOP " PAVEMENT MARKING 4 EACH _ $300.00 $1,200.00 5 APPLY PAVEMENT MARKING AS SHOWN 1 L.S $936.00 $936.00 6 INSTALL SIGN PER MUCID 3 EA $447.60 $1,342.80 7 CRACK FILL AND SLURRY SEAL 52,300 SF $0.39 $20,397.00 8 PARKING STALL MARKING 4IN WIDE . 1 L.S _ $25.00 $25.00 9 REMOVE RED PAINT ON CURB 150 LF $9.60 $1,440.00 10 APPLY "PEDESTRIAN WALK WAY" PAVEMENT MARKING 5 EA $180.00 $900.00 11 PROTECT IN PLACE 5 EA $100.00 $500.00 TOTAL $28,440.00 48 HRS CANCELATION FEE OF $0.00 NOW ACCEPTING: -A''vP,, DISCOVER' 41.1 0f{WOR% VISAmi EXCLUSIONS: BONDS,FEES, ,ASSESSMENTS,PERMITS,SURVEY,ENGINEERING,HAZARDOUS MATERIAL HANDLING OF ANY KIND,REMOVE/REPLACE/RELOCATE INTERFERING UTILIES,WATER SOURCE. Acceptance of Proposal The above work to be performed in accordance with drawings and the specifications submitted for The above work and complete in a workmanlike manner for the sum of: TWENTY SEVEN THOUSAND NINE HUNDRED SEVENTEEN DOLLARS AND ZERO DOLLARS With payments to be made as follows: Upon Completion Any alteration or deviation from the specifications provided herein,will be executed only upon written orders,and will become an additional charge over and Above the estimate(s)provided in this document. Buyer agrees to pay all court costs and reasonable attorneys fees in the event of default or if this Contract is submitted to an attorney for enforcement purposes. Owner renders Contractor harmless and agrees to relieve Contractor of all liability for any unsatisfactory Results in the event that the Owner shall require Contractor to lay asphalt on sub-grade,which in the opinion of the Contractor,in unsatisfactory. Contractor is not responsible for damage to underground utilities or lines unless such utilities or lines have been properly staked in advance of operations. Damage causf by others to seal-coat,striping and surrounding area after back-fill seal-coat has been applied is the sole responsibility of Owner and Owner accepts full liability for such damage. Contractor is not responsible for back-fill,compaction of back-fill installed by others,reflective cracking on surface areas,and pre-existing engineering in respect to drainage. Owner accepts full liability for the aforementioned. All engineering,testing,inspection,and permit fees have been exclude from the contents of this contract and shall be deemed as collateral to contents of this Contract. This proposal shall expire in 60 days. .Payment is due at completion of work. Interest will accrue @ 10%plus costs daily after 30 days .Material costs are only valid for 30 days from date of this proposal . Upon acceptance of bid,please complete the following information(per section 3097 California Civil Code Procedure). Sign and return one copy. Owner: Address: Submitted By:Donnie Wheeler Jr. Construction Lender: By: Donnie Wheeler Jr. Address: 29-Jan-13 General Contractor: Address: Ori8inal Copy Office Signature: f' T Chad Wheeler 4119 Los Serranos Blvd.,Chino Hills,CA 91709 ACWI,) Cell:(909) 576-3063-Fax:(909) 597-5843 License#958253 CWslurryseal@gmail.com JANUARY 3, 2013 Contract Bill to: Job Location: CITY OF BEAUMONT BEAUMONT CA Orange Street Rehab Description ITEM# DESCRIPTION QTY UNIT PRICE TOTAL 1 DETAIL 1-YELLOW SKIP 645 L.F. $0.99 $638.55 2 DETAIL 21-DOUBLE SOID YELLOW STRIPE 400 L.F $2.75 $1,100.00 3 INSTALL HANDICAP PAVEMENT MARKING STD 3B-19(CA)(MUTCD) $ $ 4 APPLY"STOP"PAVEMENT MARKING 4 EACH $350.00 $1,400.00 5 APPLY PAVEMENT MARKING AS SHOWN 1 L.S $975.00 $975.00 8 INSTALL SIGN PER MUCTD 3 EA $485.00 $1,455.00 7 CRACK FILL AND SLURRY SEAL 52,300 SF $0.425 $22,227.50 8 PARKING STALL MARKING 4IN WIDE 1 L.S $26.00 $26.00 9 REMOVE RED PAINT ON CURB 150 LF $9.75 $1,462.50 10 APPLY"PEDESTRIAN WALK WAY"PAVEMENT MARKING 5 EA $250.00 $1250.00 11 PROTECT IN PLACE 5 EA $180.00 $900.00 TOTAL $31,434.55 Prevailing wage project,OSHA card holder on site, TERMS:Total amount due upon completion of job. TOTAL AMOUNT:$PER OPTIONS Acceptance of Contract: The above prices, specification, and conditions are satisfactory and hereby accepted. Payment will be made as authorized above. X Date: JEREMY HARRIS CONSTRUCTION Proposal 19466 Lurin Ave Riverside,CA DATE: 1/28/2013 909/234-8264 Office 951/789-0089 Fax Bill To: City of Beaumont Project: 550 E.Sixth Street Orange Street Parking Bid Beaumont,CA 92223 Beaumont,CA Quantity Quantity Construct Cost Per Item Bid Description ed Unit Total 1 L.F. Detail 1-Yellow Skip 645 $1.02 $657.90 2 L.F. Detail 21-Double Solid Yellow Stripe 400 _ $2.95 $1,180.00 3 L.S. Install Handicap Pavement Marking 1 $0.00 $0.00 STD. 3B-19(CA) (MUTCD) 4 E.A. Apply"STOP"Pavement Markings 4 $375.00 $1,500.00 5 L.S. Apply Pavement Marking as Shown 1 $1,000.00 $1,000.00 6 E.A. Install Sign per MUCTD 3 $450.00 $1,350.00 7 S.F. Crack Fill and Slurry Seal 52300 $0.46 $24,058.00 8 L.S. Parking Stall Markings 4in Wide 1 $38.00 $38.00 9 L.F. Remove Red Paint on Curb 150 $10.00 $1,500.00 20 E.A. Apply"Pedestrian Walk Way"Pavement 5 $275.00 $1,375.00 Marking 11 E.A. Protect in Place 5 $134.00 $670.00 Total: $ 33,328.90 Exclusions:SWPPP,permits,fees,inspection,soils testing,survey and water source. Quote accepted by: ........._......... CJO- yo ( 7) t '' CITY OF BEAUMONT February 15, 2013 Kad Paving Company dba Kad Engineering 32147 Dunlap Blvd., Suite K Yucapia, CA 92399 RE: AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR (Project Name: Repaving and Striping of Orange Avenue) To Whom It May Concern: Enclosed is your copy of the above referenced Agreement which was approved by the City of Beaumont on February 5th, 2013. If you should have any questions,please contact me at your convenience. Sinc ely, 7 i /4. L Shelby Hanvey Administrative it 'c e s M. i- End: 1 550 E. 6th Street • Beaumont • CA • 92223 • Phone: (951) 769-8520 • Fax: (951) 769-8526 www.ci.beaumont.ca.us - All of said Documents presently in existence are by this reference incorporated herein with like effect as if here set forth in full Fnd 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 "Prosecution&Progress"and specifically Section 8-1.10, "Liquidated Damages" of the Standard Specifications and these Special Provisions. The Contractor shall begin work within 10 days of the date stated within the written "Notice to Proceed."Contractor shall complete this project within thirty(30)work days. 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 tb the Public Works Department's Construction Manager and shall specify the date the Contractor intends to start. If the project has more than one location of work, a separate notice shall be given for each location. Should the Contractor begin work in advance of receiving a written"Notice to Proceed",any work performed by him in advance of the date stated in the "Notice to Proceed" shall be considered as having been done by him at his own risk and as a volunteer and subject to the following: (a) The Contractor shall,on commencing operations,take all precautions required for public safety and shall observe all the provisions in the Specifications and the Special Provisions. (b) All work done according to the contract prior to the issuance of the "Notice to Proceed", will be considered authorized work and will be paid for as provided in the contract. (c) The Contractor shall not be entitled to any additional compensation or an extension of time for any delay, hindrance or interference caused by or attributable to commencement of work prior to the issuance of the "Notice to Proceed". 6. Compensation. Contractor shall be paid in the manner set forth in the Contract Documents the amount of his Proposal as accepted by City,the above rates,subject to additions and deductions as provided in the Contract Documents. Said Proposal is on file in the Office of the City Clerk of the City of Beaumont. Special Federal Requirements 1. Contractor and Owner do hereby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. 2. Contractor shall maintain and keep books and records on a current basis,recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided,however,notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four(4)years after the expiration of the term of this Agreement. Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 16 of 35 (40USC a-276, a-5) and the Act 3. Contractor shall comply with the Davis-Bacon Fair Labor Standards implementation regulations thereof.Contractor shall comply with the U.S.Department of Housing and Urban Development's Federal Labor Standards Provisions(HUD 4010). Contractor acknowledges that the applicable Wage Determination for this project is: General Decision Number: CA 130036 Modification Number: 1 Date: 1/11/2013 4. Section 3 Compliance:The Contractor hereby acknowledges that this federally-funded project is subject to Section 3 of the Housing and Urban Development Act of 1968[12 U.S.C. 1701u and 24 CFR Part 135]and agrees to the following: A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall,to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions,that are filled(1)after the contractor is selected but before the contract is executed, and(2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD Specs&Contract STREET REPAIR&REHABILITATION PROJECT Page 17 of 35 .� assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible(i)preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section7(b). IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date set forth below. CITY OF BEAUMONT CONTRACTOR ---/,%1.--' i . j.,-j. ill , 7 I BY / ��igi City Mayor . a Dated a- )- 13 TITLE: . CLA. V (If Corporation, Affix Seal) ATTEST: A tl ST: a City Clerk —.1 1.a 1 / ( BY 1✓� „,, 1 t e TITLE: ' t ► , 10 Depuly "City" "Corporation" (Seal) (Seal) Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 18 of 35 • ... r 4--4 , ..... ..... ..... .,--- -__ _ --._ .... - - - .,- '" - _ 7.-_- ....._, . - - - -.77 ....- - : -- -=' -- _ _ „ .."•............••••• CITY OF BEAUMONT PROJECT PROGRESS REPORT Source of CDBG and Transportation Funds Project Name: Street Repair&Rehabilitation Project Funds: Contract February 19,2013 Contractors: KAD Paving Date: Const.Budget: $305,356.00 A&E Budget: $85,332 Project Start Date: January 2013 Report Period: February 2013 Work Completed During Report Period: • Prepared plans, Specifications and Contract documents,bid analyses Problems or Delays During Report Period: •No delays Change Orders: • No Change Orders Recommendation(s)for City Council Action: Approve and authorize staff,qualified contractors and approved contractors to complete the work. Approved and authorized by: Mayor Signe Date of City Council Approval CITY OF BEAUMONT CONSTRUCTION NOTIFICATION ON: STREET REPAIR&REHABILITATION PROJECT,PLAN FILE#1923 Project is scheduled FROM MONDAY MARCH 18TH,2013 THRU APPROX APRIL 8TH ,2013 � d ONct9 : 5TH STREET: FROM:-REAUMONT AVE TO:- WELLWOOD AVE EGAN AVE: FROM :W.6TH STREET TO:W.5TH STREET :1:,,c,,,,11, 44-,n,,,,,,,--„;',,,Kf GRACE AVE: FROM:W.6TH STREET � TO:W 5TH STREET J- WELLWOOD AVE: FROM:W.6TH STREETr ° ` w" ,, � TO:W 5TH STREET '1', ',:,:..':';;;:;I,;.':',;!-1j.'''j'','''.'%",'::-,:-.,',--;,--:,,-,,,v-wm-y-r'':':- CALIFORNIA STREET:FROM :W.6TH STREET TO:W.5TH STREET � ' 04 ,,,.-.',,,'.-,.-ht:':4,414,::. ,4,1,,,4„, le , 4, „,_,,..,,,..,,,,v, 44,A.,,,,,,,,, R r PANYy yds-^ { EXPECT CONSTRUCTION NOISE AND DELAYS ` 4 MONDAY-FRIDAY 7:OOAM TO 5:00 PM As is the case with construction projects,some inconvenience will be encountered during the construction Cons�wn,Start.� - period.Our project team is dedicated to 1 ONDAY ,X013" minimizing this inconvenience.You can do : your part by observing all temporary traffic d t` �� a ,� ; and parking restrictions.This will help us XMOND Y h . t" " expedite the project and provide a safe work area. ,'/ `-€� �a Construction work on theproject will be PERFORMED BY KAD PAVING COMPANY ^ „- 1 If you have any questions or concerns ,,z ,i'G� THANKS y please contact YOUR P TI NCE AND` a. y,T�r r i OII#"fH V KAD PAVING CO. '� ik, � ,,, r 908-790-3365 --_ t TRASH PICKUP TRASH WILL BE PICKED UP PER NORMAL SCHEDULE.NOTIFICATION WILL BE GIVEN BY INFORMATION FLYERS SHOULD A CHANGE IN SCHEDULE BE REQUIRED. C:\UsenAdonni&AppData Local\Microsoft\Windows\Temporary Internet Files\Content.lE5\AKYRCVU9\RESIDENT FLYER CITY OF BEAUMONT 03 13 13 SPECIFICATIONS and CONTRACT DOCUMENTS for the CONSTRUCTION of STREET REPAIR & REHABILITATION PROJECT EAli 46, ik, 13 it., 0 , 4,11111 , ,. „,, , ,, „0 , ,,„,,, ,,:, ,,,,t, „,„,„, ,,:,..,,,,,,, ,„, ,,mwq,„u,d,w *,,,,,,,,,,y,,,, ,,,,.,,,,„,,,, ,,,,,,,„,„i s "�,,,„,, a,,,,, u 4„,, ,a ,a i �p,,„„ti,d ,,pypd Pp, , ,�4ie Wyda� ,,,„,, k,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. . C „i ,,,,„„, +k 1 "O' '' "`. NOV.• 11 November, 2012 Public Works Department Page 1 of 35 Specs& Contract Docs STREET REPAIR& REHABLITATION PROJECT NOTICE INVITING BIDS City of Beaumont, herein called Owner, invites sealed bids for: STREET REPAIR & REHABILITATION PROJECT Sealed 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 MONDAY, FEBRUARY 11,2013 to be promptly opened in public at said address. Each proposal shall be in accordance with approved Plan, Special Provisions, Specifications, and other related Contract Documents.These documents may be obtained at the same address for$50 per set.No refund. Prospective bidders may preview the plans, specs and other documents at no cost prior to purchase. This project consists of grinding existing asphalt pavement and asphalt overlay, pulverize badly deficient roadway surface and place new asphalt section, removal & replacement of broken concrete driveway approach, broken curb outlet/inlet drainage structures, and other miscellaneous works as shown on the project map. The attached vicinity shows the outline of the area. Completion of the works within described areas will greatly improve these roadways on this part of the City. Other items of work include excavation, signage and pavement striping, hauling dirt and remove/excavated materials offsite, dust and water pollution control and traffic control. FEDERAL FUNDING This project is being financed with Community Development Block Grant funds from the U.S. Department of Housing and Urban Development(24 CFR Part 570)and subject to certain requirements including: compliance with Section 3 (24 CFR Part 135) Economic Opportunities requirements; payment of Federal Davis-Bacon prevailing wages; Federal Labor Standards Provisions (HUD 4010); Executive Order #11246; and others. Information pertaining to the Federal requirements is on file with the County of Riverside Economic Development Agency. The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes,referred to herein as Project Bid Documents(Special Federal Provisions),and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents. PREVAILING WAGES Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work,and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations,State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined,and are on file with the California Department of Industrial Relations,are referenced but not printed in the general prevailing wage rates. The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes,referred to herein as Project Bid Documents(Special Federal Provisions),and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary,will be Specs & Contract Docs STREET REPAIR&REHABLITATION PROJECT Page 3 of 35 issued to holders of the Project Bid Documents. The engineer's estimate for this project is between $300,000 and $350,000. The City of Beaumont will be providing materials testing and construction surveying for this project. Dated:November 2012 City Clerk: By: Deputy Specs& Contract Docs STREET REPAIR&REHABILITATION PROJECT Page 4 of 35 INSTRUCTIONS TO BIDDERS 1. Form of Bid. The bid must be made on the form of Contractor's Bid which is included in the Contract Documents and must be completely filled in, dated and signed. If provision is made for alternates,they must all be bid, unless otherwise provided in the Special Provisions. 2. Bid Bond. The bid 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 Bid. A bid 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 bid. Bids shall be completed in ink. 4. Contract Documents. The complete Contract Documents are identified in the Agreement.Potential bidders are cautioned that the successful bidder incurs duties and obligations under all of the Contract Documents and that they should not merely examine the Plans and Specifications in making their bid. 5. License. To be considered for award of the contract,a potential bidder must have the kind of license required under provisions of the California Business and Professions Code for the work covered in this bid. This includes joint ventures. Each item of work will be performed by a contractor which is qualified 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 Bid are but estimates and are not to be taken as an expressed or an implied statement that the actual amount of work or materials will correspond to the estimate. City reserves the right to increase or decrease or to entirely eliminate certain items from the work or materials to be furnished if such action is found to be desirable or expedient. Contractor is cautioned against the unbalancing of his bid by prorating his overhead only into one or two items when there are a number of items listed in the schedule. 7. Interpretation of Documents. Discrepancies, omissions, ambiguities, requirements likely to cause disputes between trades and similar matter shall be promptly brought to the attention of the City, attention Director of Public Works. When appropriate, Addenda will be issued by City. No communication by anyone as to such matters except by an Addendum affects the meaning or requirements of the Contract Documents. 8. ADDENDA. City reserves the right to issue Addenda to the Contract Documents at any time prior to the time set to open bids. Each potential bidder shall leave with the City Public Works Department his name and address for the purpose of receiving Addenda to be mailed or delivered to such names at such addresses. To be considered, a Contractor's Bid must list and take into account all issued Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 5 of 35 Addenda. 9. Inspection of Site. Bidders must examine the site and acquaint themselves with all conditions affecting the work. By making his bid, a bidder warrants that he has made such site examination as he deems necessary as to the condition of the site, its accessibility for materials, workmen and utilities and ability to protect existing surface and subsurface improvements.No claim for allowances -time or money-will be allowed as to such matters. 10. Bonds. The City requires a 100%Payment Bond and 100%Performance Bond from the successful bidder. All Bonds must be on City's forms contained in the Contract Documents. The bonds must be underwritten by a Surety Company,which is admitted to transact the business of insurance in the State of California,and which carries a rating in the current issue of Best's Insurance Guide of"A"or better with a financial size of at least"VIII".The bond forms included in the project documents shall be used. All signatures on the bonds shall be notarized. Bonds shall be provided with an executed Power of Attorney issued by the surety. 11. Bids. Bids are required for the entire work,including all alternate bid schedules,ifapplicable,unless otherwise explicitly allowed in the bid documents. The amount of the bid for comparison purposes will be the total of all items.The total of unit basis items will be determined by extension of the item price bid on the basis of the estimated quantity set forth for the item. The bidder shall set forth for each item of work in clearly legible figures,an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items,the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity for the item. In case of discrepancy between the item price and the total set forth for the item,the item price shall prevail, provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the"Total"column,then the amount set forth in the"Total"column for the item shall prevail in accordance with the following: a. As to lump sum items,the amount set forth in the"Total"column shall be the item price. b. As to unit basis items,the amount set forth in the"Total"column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. The bidder is advised that the items of work may be grouped into bid schedules,and that certain bid items may be listed in more than one bid schedule, and with different bid item numbers, and the following shall apply thereto: The bidder is directed to submit the same bid amount for all contract bid items that are listed with the same item number 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 4-1.05,"Changes and Extra Work"of the Standard Specifications. The following are not subject to this bidding requirement: Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 6 of 35 1. Bid items with the same item code but different item descriptions. 2. Bid items measured as"lump sum"or"force account". 3. Alternate bid schedules. In the event that a bidder submits different unit bid amounts for "Like Bid Items", as described above,the bid will be corrected by applying the lowest of the unit bid amounts to all the respective"Like Bid Items". No bidder may withdraw his bid for a period of ninety(90)days after the bid opening. 12. Award of Contract. The City reserves the right to reject all bids received. Acceptance by the governing body of the City by resolution or minute order at a meeting regularly called and held of a Contractor's Bid 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 bid 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 Bid 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. 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 Bid 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. d. If it is in the best interest ofthe 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 ofthe 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. Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 7 of 35 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 bid the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of 1/2 of 1%of this prime Contractor's total bid. Failure to list a subcontractor for a portion of the work means that the prime Contractor will do that portion of the work. It is the City's intent for the Subletting and Subcontracting Fair Practice Act to apply to all phases of the work. 15. Qualifications of Bidders. No award will be made to any bidder who cannot give satisfactory assurance to the City Council as to his own ability to carry out the contract, both from his financial standing and by reason of his previous experience as a Contractor on work of the nature contemplated in the contract. The bidder may be required to submit his record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of bid. 16. Contract Participation. The City encourages general and prime contractors to afford competitive subcontracting opportunities to minority,women and disabled veteran firms where possible,in their contracting and procurement activities with the City of Beaumont. 17. Hours of Work. Attention is directed to Section 8-1.10,"Liquidated Damages" and Section 7- 1.02(K)5 " Working Hours"of the Standard Specifications. Daily working hours shall be between the hours of 7:00 a.m.and 6:00 p.m.,Monday through Friday, except legal holidays,as approved by the Engineer.Exceptions and specific work schedules shall be submitted to the Engineer for consideration. 18. Labor Code. Pursuant to the Labor Code,the governing board of the Owner has obtained from the Director of the Department of Industrial Relations,State of California,his determinations of general prevailing rates of per diem wages applicable to the work, and for holiday, and overtime work, including employer payments for health and welfare,pensions,vacation and similar purpose,as set forth on schedule which is on file at the principal office of the Owner, and which will be made available to any interested person upon request. 19. Alternate Bid Schedules. If the Bid includes bid items listed under a Base Bid Schedule and one or more Alternate Bid Schedules,the following shall apply:The City may award only the items of work listed on the Base Bid Schedule,or may choose to award some or all of the Alternate Bid Schedules in addition to the Base Bid Schedule. Unless otherwise specified, the basis of the selection of the lowest bid shall be the lowest responsive and responsible bid for the sum of all Bid Schedules. If the Bid includes bid items listed under two or more Alternate Bid Schedules with no Base Bid Schedule,the following shall apply:This project contains Alternate Bid Schedules that may or may not be mutually exclusive, as described elsewhere in the bid documents. The City may award the items of work listed on one or more of the Alternate Bid Schedules.In the case of mutually exclusive Alternate Bid Schedules,only one of the Alternate Bid Schedules will be selected for award.Unless otherwise specified, the basis of the selection of the lowest bid shall be the lowest responsive and responsible bid for the sum of all Bid Schedules. The City also reserves the right to reject all bids received. Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 8 of 35 20. Air Quality. Attention is directed to Section 14-9 "Air Quality" with regard to the dust control 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. MANDATORY SITE REVIEW & PRE-BID CONFERENCE - The mandatory prebid and site review will be held on Wednesday,FEBRUARY 6, 2013, 9:00 AM City Hall 550 E. 6th Street, Beaumont Room 2. 23. All bidder inquiries shall be made in writing and sent by email to Ponce Yambot at PYAMBOT(GMAIL.COM 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 day to send inquiries shall be no later than 5:00 PM on on Wednesday, FEBRUARY 6, 2013. 24. Pre-Construction meeting is scheduled for March 4, 2013 at Beaumont City Hall at 10:00AM. Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 9 of 35 CONTRACTOR'S PROPOSAL DATE: TO: CITY OF BEAUMONT , hereafter called "City": BIDDER: (hereafter called "Contractor") THE UNDERSIGNED, Contractor, having carefully examined the site and the Contract Documents for the construction of STREET REPAIR & REHABILITATION 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 Proposals and to waive any informality 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 the governing body of City;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 the Contractor certifies that the representations made therein are made under penalty of perjury. Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 10 of 35 STREET REPAIR & REHABILITATION PROJECT PLAN FILE NO. 1923 COMPANY: PROPOSAL DATE: ESTIMATED ITEM NO. QUANTITY UNIT DESCRIPTION UNIT PRICE TOTAL 1 1 LS MOBILIZATION $ $ 2 1 LS TRAFFIC CONTROL $ $ DUST ABATEMENT&WATER POLLUTION $ $ 3 1 LS /EROSION CONTROL PULVERIZE 12"OF EXISTING ROADWAY 4 51,500 SF SECTION&CEMENT TREAT 9"THICK OVER $ $ COMPACTED SUBGRADE CONSTRUCT 3" AC PAVING OVER CEMENT $ $ 5 51,500 SF TREATED MATERIAL GRIND 0.10'DEEP EXIST.ASPHALT PAVEMENT $ $ 6 114,000 SF and PLACE 0.125'THICK HMAC REMOVE&REPLACE DRIVEWAY APPROACH PER $ $ 7 800 SF STD.207(6"THICK) ADJUST SEWER MANHOLES TO GRADE(W ITH $ $ 8 8 EA 12"x 12" PCC RING) REMOVE&REPLACE DAMAGED DRAINAGE $ $ 9 9 EA INLET/OUTLET 10 1 LS RESTORE TRAFFIC SIGNAL LOOPS $ $ 11 1 LS PAVEMENT STRIPING AND SIGNAGE $ $ 12 900 CY REMOVE&REPLACE UNSUITABLE MATERIAL $ $ TOTAL BID "WORDS• Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 11 of 35 BIDDER DATA: Name of Bidder Type of Organization Sign for Bidder Person(s) Authorized to Si o 9 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: 50% of the work required to be performed by general contractor) IN WITNESS WHERE OF Contractor executes this Bid as of the date set forth on Page 1 of this bid. TITLE "Contractor" Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 12 of 35 NONCOLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) State of California ) ) ss. County of ) The undersigned declares: I am the of , the party making the foregoing bid. (Position/Title) (Company Name) The bid is not made in the interest of,or on behalf of,any undisclosed person,partnership,company, association,organization,or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid,and has not paid,and will not pay,any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership,joint venture, limited liability company, limited liability partnership,or any other entity,hereby represents that he or she has full power to execute, and does execute,this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date],at [city], [state]. PRINTED NAME: SIGNATURE: Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 13 of 35 BID BOND Recitals: "Contractor", has submitted his Contractor's Proposal to City of Beaumont, "City", for the construction of public work for 1. STREET REPAIR& REHABILITATION 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 } ss. SURETY'S ACKNOWLEDGEMENT COUNTY OF 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 Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 14 of 35 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 STREET REPAIR& REHABILITATION 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: 3. Contract Documents. The entire contract consists of the following: (a)The Agreement, (b) The Notice Inviting Bids, (c) The Instruction to Bidders, (d)The Contractor's Proposal, (e)The Bid Bond, (f) The Payment Bond, (g)The Performance Bond, (h) The General Conditions, (i)The Special Provisions, (j) The Standard Specifications of the State of California Department of Transportation edition of May 2010 as modified in other portions of the Contract Documents, (k)The Standard Plans ofthe Department of Transportation identified on the plans or in the Special Provisions, (1) The Plans, File Number 1923 (m)Addenda No. , (n)The Determination of Prevailing Wage Rates: (Attachment Titled: Prey. Wage CDBG) (o) Any Change Orders issued, (p) Any additional or supplemental specifications, notice, instructions and drawings issued in accordance with the provisions of the Contract Documents, and (q)Attachments inclusive of all exhibits. Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 15 of 35 All of said Documents presently in existence are by this reference incorporated herein with like effect as if here set forth in full and upon the proper issuance of other documents they shall likewise be deemed incorporated. The Bid Bond is exonerated upon execution of this Agreement and the Payment Bond and Faithful Performance Bond. 4. The Work. Contractor shall do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents. 5. Liquidated Damages and Time of Completion. Attention is directed to the provisions in Section 8 "Prosecution & Progress" and specifically Section 8-1.10, "Liquidated Damages" of the Standard Specifications and these Special Provisions. The Contractor shall begin work within 10 days of the date stated within the written "Notice to Proceed." Contractor shall complete this project within thirty(30) work days. The Contractor shall notify the Engineer, in writing, of his intent to begin work at least 72 hours before work is begun.The notice shall be delivered to the Public Works Department's Construction Manager and shall specify the date the Contractor intends to start. If the project has more than one location of work, a separate notice shall be given for each location. Should the Contractor begin work in advance of receiving a written "Notice to Proceed",any work performed by him in advance of the date stated in the "Notice to Proceed" shall be considered as having been done by him at his own risk and as a volunteer and subject to the following: (a) The Contractor shall,on commencing operations,take all precautions required for public safety and shall observe all the provisions in the Specifications and the Special Provisions. (b) All work done according to the contract prior to the issuance of the "Notice to Proceed", will be considered authorized work and will be paid for as provided in the contract. (c) The Contractor shall not be entitled to any additional compensation or an extension of time for any delay, hindrance or interference caused by or attributable to commencement of work prior to the issuance of the "Notice to Proceed". 6. Compensation. Contractor shall be paid in the manner set forth in the Contract Documents the amount of his Proposal as accepted by City, the above rates, subject to additions and deductions as provided in the Contract Documents. Said Proposal is on file in the Office of the City Clerk of the City of Beaumont. Special Federal Requirements 1. Contractor and Owner do hereby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. 2. Contractor shall maintain and keep books and records on a current basis,recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. An such books and records shall be retained for such periods of time as required by law,provided,however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four(4)years after the expiration of the term of this Agreement. Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 16 of 35 3. Contractor shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a-276, a-5) and the implementation regulations thereof.Contractor shall comply with the U.S. Department of Housing and Urban Development's Federal Labor Standards Provisions(HUD 4010). Contractor acknowledges that the applicable Wage Determination for this project is: General Decision Number: CA Modification Number: Date: 4. Section 3 Compliance:The Contractor hereby acknowledges that this federally-funded project is subject to Section 3 of the Housing and Urban Development Act of 1968[12 U.S.C. 1701 u and 24 CFR Part 135]and agrees to the following: A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any,a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions,that are filled(1)after the contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 17 of 35 assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible(i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section7(b). IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date set forth below. CITY OF BEAUMONT CONTRACTOR BY BY City Mayor Dated TITLE: (If Corporation, Affix Seal) ATTEST: ATTEST: City Clerk BY TITLE: Deputy "City" "Corporation" (Seal) (Seal) Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 18 of 35 PERFORMANCE BOND Recitals: 1 (Contractor) intend to enter into an Agreement with CITY OF BEAUMONT (City) for construction of public work known as STREET REPAIR & REHABILITATION PROJECT,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. time extension, to 4. For value received, Surety stipulates and agrees that no change, 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 Surety. THIS BOND is executed as of By By By Type Name Its Attorney in Fact "Surety" Title "Contractor" (Corporate Seal) (Corporate Seal) NOTE: This Bond must be executed by both parties with corporate seal affixed. All signatures must be acknowledged. (Attach acknowledgements). Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 19 of 35 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 $ ,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 STREET REPAIR& REHABILITATION 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: Original Contractor- Principal By Surety By Title Its Attorney In Fact (If corporation, affix seal) (Corporate Seal) (Corporate Seal) STATE OF CALIFORNIA } ss. SURETY'S ACKNOWLEDGEMENT CITY OF 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 Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 20 of 35 GENERAL CONDITIONS 1. DEFINITIONS: a. "City", "Contractor",and"Contract Documents"are identified in the Agreement. "City"and "Contractor"includes their authorized representatives are treated throughout as if each were singular in number. "Contractor" includes its surety. b. "Engineer"and"Director of Public Works"means the Director of Public Works for the City of Beaumont, and includes his authorized representatives. c. "Plans"means the portion of the Contract Documents consisting of all drawings prepared for the direction and characteristics of the work.A schedule of said drawings which constitutes the plans as of the execution of the Agreement is set forth in the Special Provisions and are supplemented by the Standard Plans referred to in the Special Provisions. d. "State of California", "Department of Transportation" and "Director of Transportation", means the City of Beaumont. 2. STANDARD SPECIFICATIONS: The Standard Specifications of the State of California Department of Transportation,edition of May 2010 hereafter called "Standard Specifications", are incorporated herein as modified in these General Conditions,the Special Provisions and the Plans. Section 3 of the Standard Specifications is deleted. 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 Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 21 of 35 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 Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 22 of 35 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. f. Protect and preserve established bench marks and monuments, make no changes in the location of such without the prior written approval of City,replace and relocate any of them which may be lost or destroyed or which require shifting because of necessary changes in grades or locations. All replacement and relocation work shall be accomplished only after approval of City and under the direct supervision and instruction of Director of Public Works. g. Before final payment remove all surplus materials, false work,temporary structures,debris, and similar matter resulting from his operations from the site and to put the site in an orderly condition. h. Construct,operate and maintain all passageways, guard fences, lights, barricades and other facilities required for protection by State or municipal laws and regulations and local conditions during the course of the work. i. Guard City property from injury or loss. 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. Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 23 of 35 6. CHANGE ORDERS - DETAIL DRAWINGS AND INSTRUCTIONS: Each approved change order shall be considered as an amendment to the Contract Documents and will not be considered approved until executed by the City Council, except Director of Public Works can approve certain change orders without the necessity of approval by Beaumont City Council The above does not limit the ability of Director of Public Works to issue further detail drawings, explanations and instructions which are customarily given by an Engineer during the course of similar work. Director of Public Works will furnish Contractor with reasonable promptness such further detailed explanations, instructions and drawings as may be necessary for the proper execution of the work,and Contractor shall conform to same provided they are consistent with the intent of the Contract Documents. In giving such additional instructions,explanations and drawings Director of Public Works has authority to make minor changes in the work which do not involve extra cost and are not inconsistent with the Contract Documents. Contractor's acting on such instructions, explanations and drawings of Director of Public Works means that Contractor agrees that such explanations, instructions and drawings are within the scope of the work in accordance with the intent of the Contract Documents and do not constitute a basis for modification of the Contract Documents as to price or time. 7. BRAND OR TRADE NAME - SUBSTITUTE OF EQUALS: Reference is made to Section 3400 of the Public Contracts Code, which is by this reference incorporated herein with like effect as if here set forth in full. If a potential bidder believes he knows of an equal to a specified brand or trade name which is not mentioned in the Contract Documents,then such potential bidder may so advise Director of Public Works of such fact, giving all relevant information. If appropriate, an addendum will be issued as to the alleged equal provided that such issuance may be accomplished at least 5 days before the time fixed for opening bids. the article orproduct is expressly designated for matching others in use in a particular Unless subjectp Y g public improvement either completed or in the course of completion, any bidder may, as part of its bid proposal, include a request for substitution of an item equal to any specified by brand or trade name. Within 35 calendar days after award of the contract, Contractor may submit to Director of Public Works data substantiating such a request, and the difference, if any, in cost. Director of Public Works shall promptly investigate the request and make a recommendation to City as to equality. The governing body of City shall promptly determine whether the substitute is equal in every respect to the item specified, and approve or deny the request accordingly, and shall notify Director of Public Works of the determination made, who shall advise Contractor in writing of the decision. Unless the request is granted, substitution will not be permitted. Nothing herein shall authorize a change in the contract price or prevent the use of change orders in the manner provided elsewhere in the Contract Documents. Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 24 of 35 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,such excess shall be paid by Contractor.If such expense and damage exceeds the unpaid balance, Contractor is liable to City for the excess. If City elects to proceed under this Section, it may take possession of and utilize in completing the work such materials, supplies, plant and equipment on site which may be necessary or convenient for the purpose of completing the work, City is expressly granted the right - acting via Director of Public Works, an Engineer or otherwise -to operate equipment and machinery on site for the purpose of determining whether it has a basis for proceeding under this section. If the construction of the project herein is damaged, which damage is determined to have been proximately caused by an act of God,in excess of 5%of the contract amount,provided that the work damaged is built in accordance with applicable building standards and the plans and specifications, then the Owner, upon certification by the Engineer, may, without prejudice to any other right of remedy,terminate the contract. Decision by City not to proceed under this Section does not constitute a waiver by City of any against Contractor under the Contract Documents. Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 25 of 35 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 (30) calendar days, after the "receipt of payment request date" shall accrue interest to the Contractor equivalent to the legal rate set forth in subdivision(a)of Section 685.010 of the California Code of Civil Procedure. The number of days available to the City to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which the City exceeds the seven-day submittal requirement set forth in the paragraph above. Pursuant to Public Contract Code Section 20104.50,subsection(e),the progress payment date is the date that funds are encumbered and the payment warrant is issued. 11. PAYMENT FOR EXTRA WORK (FORCE ACCOUNT BASIS): Extra work to be paid for on a force account basis as directed by the Engineer will be paid for as set forth in Section 9-1.04 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 9-1.05 "Extra Work Performed Specialists." If Owner decides to Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 26 of 35 use special forces(specialists)for items not covered in Contractor's original scope of work or it is more expedient for the City to use specialists, Contractor is required to coordinate with said specialists to avoid delays. If specialists' 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 there under and compensation therefore,except in the case of gross error.Acceptance of final payment constitutes a release of City by Contractor of all claims relating to the work. 13. DAMAGES: Contractor acknowledges that failure to perform in strict accordance with the Contract Documents will cause City to suffer special damages in addition to cost of completion of the work in accordance with the provisions of the Contract Documents. Such special damage could include, but is not limited to, lease and rental cost, additional salaries and overhead, interest during construction, attorney expense, additional engineering, and inspection expense and cost of maintaining or constructing alternate facilities. 14. DOCUMENTS OF CONTRACTOR: Upon demand,Contractor shall make available to City all documents in its possession relevant to the work accomplished or to be accomplished or any demand or claim of Contractor as to City. This includes copies of documents sent by Contractor or others in its possession.Contractor shall further Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 27 of 35 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 shall notify Director of Public Works immediately thereafter. Any compensation claimed by Contractor, together with substantiating documentation shall be submitted to City via Director of Public Works. 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 ofthat 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 "Existing Facilities" of the Standard Specifications and these Special Provisions. 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 18. INSURANCE, INDEMNIFICATION, HOLD HARMLESS, PERSONAL LIABILITY: In addition to the provisions of Sections 7-1.05"INDEMNIFICATION,"7-1.06" INSURANCE"and 7- 1.08"PERSONAL LIABILITY",the following shall apply Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 28 of 35 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. I. Workers Compensation Insurance: Contractor shall procure and maintain during the life of the contract Worker's Compensation Insurance coverage as prescribed by the laws of the State of California. Policy shall include Employers' Liability including Occupational Disease with limits not less than $1,000,000 per occurrence. Policy shall be endorsed to provide a Borrowed Servant Endorsement, Alternate Employer Endorsement, or Additional Insured Endorsement naming the City of Beaumont, its Director's Officers, Special Districts, City Council, employees, agents or representatives as Additional Insured. Policy shall contain a Waiver of Subrogation in favor of the City of Beaumont. Contractor shall further require each of its subcontractors to procure Worker's compensation Insurance as required by the State while working on the project and the Contractor shall require the subcontractors to endorse the policy to provide a Borrowed Servant Endorsement, Alternate Employer Endorsement, or Additional Insured Endorsement naming the City of Beaumont, its Director's Officers, Special Districts, City Council,employees, agents or representatives as Additional Insured. Policy shall contain a Wavier of Subrogation in favor of the City of Beaumont. II. Comprehensive General Liability Insurance: Contractor shall take out and maintain during the course of the work General Liability Insurance covering bodily injury and property damage insurance and blanket contractual coverage as to the work and obligations covered hereunder. The amount of the insurance shall be in an amount not less than$2,000,000.The policy may be a combined single limit or split limits,but the amount must be no less than$2,000,000 per occurrence.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 Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 29 of 35 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. III. Auto Liability: If Lessee's vehicles or licensed mobile equipment will be on the premises or used in any manner on behalf of the City, then Lessee shall maintain auto liability insurance for all owned, non-owned or hired automobiles in an amount not less than $1,000,000 per occurrence combined single limit.Policy shall name the"City of Beaumont,its Officers,City Council, employees, agents, or representatives" as Additional Insured. IV. Hold Harmless: Contractor shall hold City of Beaumont its officers,agent,and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of Contractor, its officers, agents, employees or subcontractors relating to or in anywise connected with or arising from the accomplishment of the work,whether or not such acts or omissions were in furtherance of the work required by the Contract Documents and agrees to defend at his expense, including attorney fees, Owner, City of Beaumont its officers, agents and employees in any legal action based upon any such alleged acts or omissions. 19. EQUAL EMPLOYMENT OPPORTUNITY: General: Contractor shall not discriminate in its recruiting, hiring, promotion, demotion of termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Contract shall comply with the provisions of the California Fair Employment Practice Act(commencing with SS 1410 of the Labor Code), the Federal Civil Rights Act of 1964 (P.L. 88-352)and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), as amended, and all administrative rules and regulations issued pursuant to said Acts and Order. See particularly 41 Code of Federal Regulation (CFR) Chapter 60. Contractor shall require each of its subcontractors to comply with the preceding paragraph and shall include in each subcontract language similar to the preceding paragraph. Contractor shall permit access to its records of employment,employment advertisement,application forms and other pertinent data and records by Owner and any State or Federal agency having jurisdiction for the purpose of investigation to ascertain compliance with this Section. Owner may assign an affirmative action representative to monitor Contractor and its subcontractor (s) conduct required by this Section, including the right of entry to the construction site for the purpose of obtaining information from persons performing work on the project providing such inspection does not interfere with the progress of the work. Elsewhere in the Contract Documents specific requirements may be contained covering the same subject matter of this Section. If so, such specific requirements prevail over this Section in case of conflict. Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 30 of 35 Transactions of$10,000 or Under: Contracts and subcontracts not exceeding $10,000 are exempt from the requirements of this Section.No Contractor or subcontractor shall procure supplies and/or services in less than usual quantities to avoid applicability of this Section. With respect to contracts and subcontractors for indefinite quantities, this Section applies unless the amount required in any one year under such contract will reasonably be expected not to exceed $10,000. Transactions in Excess of$10,000, but Less Than $50,000: At Owner's request,Contractor shall certify that it has in effect an affirmative action plan and agrees to comply with all State and Federal laws and regulations regarding Fair Employment Practices. Contractor shall maintain a written copy of its affirmative action plan and furnish Owner a copy of the plan upon request. Owner may require Contractor to complete an Affirmative Action Compliance Report, on a form furnished by Owner, setting forth definite goals during the term of the Contract. Transactions of$50,000 or More: If Contractor has fifty or more employees and a Contract for$50,000 or more, it shall develop and submit to Owner, within thirty days after award, a written affirmative action compliance program providing in detail specific steps to guarantee equal employment opportunity. Contractor shall include in its affirmative action program a table of job classifications, which table shall include but need not be limited to job titles, duties, and rates of pay. Contractor shall in each subcontract let to do a portion of the work covered hereunder, where the subcontractor involved has fifty or more employees and the subcontract is for $50,000 or more, impose in the subcontract the above requirements. For the purpose of determining the number of employees, the average of the Contractor's or its subcontractor's employees for the twelve month period immediately prior to award, or the total number of employees the Contractor or its subcontractor will have when performing this contract, whichever is higher, shall be used. Federal Assisted Construction: If this project is a federally assisted construction project,then the contract provisions contained in 41 CFR SS 60-1.04 (b) are incorporated herein and the Contractor shall likewise incorporate said provisions in each subcontract entered by Contractor to perform the work. Federally assisted construction is identified as such in the Notice Inviting Bids. 20. DEPOSIT OF SECURITIES: In accordance with Public Contract Code Section 22300 and other applicable law, the Contractor may substitute securities for any moneys withheld to ensure performance under the contract. 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 Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 31 of 35 do offer and agree to assign to the Owner all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2(commencing with Section 16700)of Part 2 of Division 7 ofthe 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. i. All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provide in the contract. "Claim" means a separate demand by the claimant for(1)a time extension, (2)payment of money or damages arising from work done by or on behalf of the claimant and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled, or(3)an amount the payment of which is disputed by the Owner. (a) Claims Under or equal to$50,000. The Owner shall respond in writing to the claim within 45 days of receipt of the claim, or,the Owner may request, in writing,within 30 days of receipt of the claim,any additional documentation supporting the claim or relating to defenses or claims the Owner may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the Owner and the claimant.The Owner's written response shall be submitted 15 days after receiving the additional documentation,or within the same period of time taken by the claimant to produce the additional information, whichever is greater. (b) Claims over$50,000 but less than or equal to$375,000. The Owner shall respond in writing within 60 days of receipt,or,may request in writing within 30 days of receipt of the claim,any additional documents supporting the claim or relating to defenses or claims the Owner may have against the claimant. If additional information is needed thereafter,it shall be provided pursuant to mutual agreement between the Owner and the claimant. The Owner's response shall be submitted within 30 days after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. ii. 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. iii. 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. Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 32 of 35 iv. 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 CONTROL: Dust control shall conform to Section 14-9.03,"Dust Control", Section 14-9.02, "Air Pollution Control", Section 17,"Watering",and Section 18,"Dust Palliative"of the Standard Specifications, Rules no. 401, 402, 403 and 403.1 of the South Coast Air Quality Management District(AQMD), Riverside County Code,Chapter 8.52,"Fugitive Dust Reduction Program For Coachella Valley",all other applicable Federal and State laws, and the requirements set forth herein. The Contractor is cautioned that failure to control fugitive dust may result in fines being levied by the South Coast Air Quality Management District to both the Contractor and the City of Beaumont, as owner.The Contractor shall be fully responsible for payment of all fines pertaining to air pollution control violations,resulting from Contractor's operations related to the construction contract,which may be levied against both the Contractor and the City of Beaumont by the AQMD or other regulatory agencies.The Contractor's attention is directed to Section 7-1.02,"Laws"of the Standard Specifications.The cost of all fines levied against the City of Beaumont will be deducted from any moneys due or which may become due to the Contractor, unless other payment arrangements are made by the Contractor. Dust control of all of the Contractor's operations is required 24 hours per day,7 days a week for the duration of the contract, and until the disturbed soil is permanently stabilized. The Contractor shall take every precaution to prevent emissions of fugitive dust from the project site, from locations of stockpiled materials,from unpaved driving surfaces,from haul vehicles,from inactive construction areas, and from all other operations of the Contractor. The Contractor shall plan for and carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or which constitute a public nuisance,or which cause harm to persons living or working in the vicinity of the work. Of particular concern are emissions of 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", attached hereto. Additional copies are available upon request from the Engineer. The sign shall include the Contractor's phone number which shall be maintained on a 24 hour basis. The sign message, size and design, including any deviations from the signage recommendations,shall be approved by the Engineer prior to fabrication. The Contractor shall respond to complaints by mobilizing equipment and personnel at the construction site within 2 hours of each complaint to control fugitive dust. Attention is directed to AQMD Rule 403.1, which applies to all contracts within the Coachella Valley Area of Riverside County. That AQMD Rule requires the Contractor to take specified dust control actions when prevailing wind speeds exceed 25 miles per hour. Wind forecasts, AQMD Rules and other related information are provided by AQMD at 1-800-CUT-SMOG and at www.aqmd.gov. 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 of the Standard Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 33 of 35 Specifications. The Contractor shall utilize the"Best Available Control Measures"of controlling fugitive dust, as prepared by the AQMD. For projects within the Coachella Valley, the "Reasonably Available Control Measures"may be employed, if effective within the context of the AQMD rules.However,if fugitive dust crosses the project boundary, more effective control measures, including the "Best Available Control Measures" shall be implemented. A site-specific fugitive dust control plan shall be submitted to the Engineer for review and approval at least 10 days prior to the start of construction.Additionally, for projects outside of the Coachella Valley which meet the criteria for AQMD plan approval,the Contractor shall submit the dust control plan to AQMD for approval.AQMD plan submittal criteria is defined in AQMD Rule 403 as being for projects that will have disturbed surface area in excess of 100 acres,or for projects with a scope of work which requires the movement of more than 10,000 cubic yards of soil on each of any three working days. A sample plan and other pertinent information is attached,and additional copies are available from the Engineer upon request. The fugitive dust control plan shall include the"Reasonably Available Control Measures"and "Best Available Control Measures"of controlling fugitive dust, as may be appropriate and necessary, including but not limited to watering, application of chemical dust suppressants, wind fencing, covering of haul vehicles, haul vehicle bed-liners, covering or chemically stabilizing stored materials, phased grading, planting of vegetation,the use of a 24 hour environmental observer, and track-out controls at locations where unpaved construction accesses intersect with paved roads.The use of chemical stabilizers,which are approved by all environmental regulatory agencies,and the use of reclaimed water is encouraged. If water is intended as a primary dust control tool, the dust control plan shall provide for at least one 2,000 gallon water truck for every 4 acres of disturbed soil, unless otherwise approved by the Engineer. If the Construction 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 Construction Engineer has the authority to waive the requirements for submittal of a dust control plan and for placement of the dust control signs described herein. However, the Contractors responsibilities for the control of fugitive dust and the other requirements of this section may not be waived. A completion notice will not be filed, and the final payment will not be made to the Contractor until the areas of disturbed soil on the construction site, including roadway shoulders, are suitably stabilized for long term control of fugitive dust. The successful Contractor shall attend an AQMD PM 10 Dust Control Program training session,and furnish evidence of attendance to the Engineer. Attendance at AQMD training seminars can be scheduled through AQMD at 1-866-861-DUST (1-866-861-3878) or by email to dustcontrol@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 ofthose requirements. Specs& Contract STREET REPAIR& REHABILITATION PROJECT Page 34 of 35 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 pro-rata its accomplishment, 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, developing water supply and incidentals, shall be considered as included in the various items of work, and no additional compensation will be allowed therefore. END Specs& Contract STREET REPAIR&REHABILITATION PROJECT Page 35 of 35 STREET REPAIR & REHABLITATION PROJECT SPECIAL PROVISIONS DESCRIPTION: This project consists of grinding existing asphalt pavement and asphalt overlay, pulverize badly deficient roadway surface and place new asphalt section, removal & replacement of broken concrete driveway approach, broken curb outlet/inlet drainage structures, and other miscellaneous works as shown on the project map. The attached vicinity shows the outline of the area. Completion of the works within described areas will greatly improve these roadways on this part of the City. Other items of work include excavation, signage and pavement striping, hauling dirt and remove/excavated materials offsite, dust and water pollution control and traffic control. SPECIFICATIONS: This project shall conform to the requirements 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 of the 2010 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 "1" RECORD DRAWINGS: Where conflicts arise during the prosecution of the works under this contract, the Contractor shall submit "Request for Information" (RFI) to the City and the City shall make all reasonable efforts to provide clarifications to the Contractor in a timely fashion. If changes on the plans are necessary based on RFI's, the City will make necessary changes on the original plans and this will be the "RECORD DRAWING" for the project. DISPOSAL OF 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 16-1.03D of the Standard Specifications. The second paragraph of Section 16-1.03D of the Standard Specifications is modified to read as follows: Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 1 of 16 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. Payment shall be included in the contract cost and no additional payment will be allowed. 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$200 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. Proposed plans shall be submitted by the Contractor 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 of the 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, California 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 "Legal Relations and Responsibility to the Public" and Section 12 "Temporary Traffic Control" of the State of California Standard Specifications. Section 12-2.03 of the Standard Specifications is deleted. Unless otherwise specified for payment herein, payment for flagging shall be included in the total project cost and no additional payment shall be allowed. Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 2 of 16 Maintaining traffic and safety shall conform to the provisions of the Standard Specifications, the Manual on Uniform Traffic Control Devices (MUTCD) 2010 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 MUTCD 2010 and any modifications 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 pos.s. The regional notification centers include, but not limited to, the following: Notification Center Telephone Number Underground Service Alert-Southern 1-800-422-4133 1-800-227-2600 California(USA) or 811 Excavations required to install constructs m area signs shall be performed by hand methods without the use of power equipment, except that pDwer 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 (Flagging Costs) of the Standard Specifications. Flagging costs will be borne entirely by the Contractor. Dust control shall conform to the provision of Section 18 "Dust Palliative" 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. The Contractor shall be responsible to distribute an information letter pertaining to the planned work to all affected residences and businesses at least one week prior to commencing work adjacent to those residences and businesses. It shall be the responsibility of the Contractor to design the information letter, obtain design approval from the Engineer, print sufficient copies, and distribute the letter. The City logo shall be included on the letter. A computer file of the logo may be obtained from the Engineer in .WPG, .DXF, .DGN or .DWG format. The letter shall be similar to the sample Special Provisions STREET REPAIh &REHABLITATION PROJECT Page 3 of 16 provided by the Engineer, and shall include a project description, the scope of work, the anticipated construction schedule, and other information as appropriate. Payment shall be included in the price for each Block and no additional payment will be allowed. MOBILIZATION: Mobilization shall conform to the provisions in Section 9-1.16D "Mobilization" of the Standard Specifications and these Special Provisions. Payment for Mobilization shall be per Section 9-1.16. CLEARING AND GRUBBING: Clearing and grubbing shall conform to the provisions in Division III Section 16 "Clearing & Grubbing"of the Standard Specifications and as directed by the Engineer. Full compensation, except as otherwise provided herein, for conforming to the requirements of this article shall be included in the total cost and no additional compensation will be allowed therefore. DUST ABATEMENT AND WATER POLLUTION CONTROL Works shall comply with all federal, state and City of Beaumont requirements utilizing Best management Practices (BMP's). Contractor shall prepare Water Pollution Control/Erosion Control Plans for City approval two weeks prior to starting the works. Full compensation shall include preparation of the plans, supply and installation of needed materials, watering for dust control and removal and disposal of all materials under these items of work prior to completion of works. Payment for Dust Abatement & Water Pollution Control shall be pro-rated with actual work accomplished. EXCAVATION: Earthwork shall conform to the provisions of Section 19 "Earthwork" of the Standard Specifications and these Special Provisions. Full compensation for furnishing all labor, tools and doing all the work necessary and shall be considered as included in the total price and no additional compensation will be allowed therefore. Under these Special Provisions, works shall also include excavation to subgrade, grass removal, hauling off excess and or unsuitable materials, and soil compaction and root removal. Removal of roots up to 2"diameter shall be part of this work item. Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 4 of 16 FINISHING ROADWAY: Finishing roadway shall conform to Section 22 "Finishing Roadway" of the Standard Specifications and payment shall be included within the total contract cost. All disturbed native soil must be re- compacted to at least 90%compaction and no loose dirt shall be allowed at finished surface. Payment shall be included in the total cost and no additional payment will be allowed. FULL DEPTH RECLAMATION CEMENT STABILIZATION: 1-1 DESCRIPTION. Work shall consist of pulverizing existing asphalt concrete, base, and subgrade soil to a total depth of 12 inches. Re-grade and haul away excess material to allow for the net placement of 3 inches of new asphalt. Add cement and water to the blended material to a total depth of 9 inches in accordance with the specifications provided below. Fine grade to the grades required prior to placement of asphalt. Micro-crack the completed cement stabilized surface. This item shall consist of constructing a mixture of pulverizing existing asphalt concrete, base, subgrade soil, cement, and water in accordance with this specification, and in conformity with the lines, grades, thickness, and typical cross sections shown on the plans. Cement-treated subgrade shall be constructed in a series of parallel lanes such that longitudinal and transverse joints are minimized. Note regarding California Avenue: The existing AC pavement is approximately 1.5" higher than the gutter lip. Works here shall be performed such that the finished pavement will be 3/8-inch higher at the gutter lip. The centerline profile will have to be lowered by 1.5-inch to keep the existing crossfall. Joints with existing surfaces shall be smooth and match same elevations. 2-1 MATERIALS. 2-1.1 PORTLAND CEMENT. Portland cement shall be Type II Modified conforming to the requirements of Section 90 "Portland Cement" and Cement Treated Base shall comply with Section 27 of the Caltrans Standard Specifications. Pozzalonic material shall not be substituted for Portland cement. 2-1.2 WATER. Water used for mixing or curing shall be reasonably clean and free of oil, salt, acid, alkali, sugar, vegetable, or other substances injurious to the finished product. Water shall conform to the provisions of the Standard Specifications. 2-1.3 PULVERIZED MATERIAL. Existing asphalt concrete surfacing shall be pulverized with underlying base materials and subgrade soil to the specified depths and widths in conformance to the Project Plans and Special Provisions. Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 5 of 16 The asphalt concrete surfacing and underlying base/soil materials shall be pulverized such that 100 percent of the material will pass a 2-inch sieve and a minimum of 90-percent will pass a 1'/2-inch sieve. All materials other than rock and pulverized asphalt concrete shall be broken up such that these materials will pass a one-inch sieve. The pulverized materials shall be free of roots, sod, weeds, wood, and construction debris. 3-1 CONSTRUCTION METHODS. 3-1.1 GENERAL. Prior to beginning any cement treatment, the existing subgrade shall be shaped to conform to the typical sections, lines, and grades as shown on the plans. The Engineer shall check and verify the conformance of the material to the lines, grade, and elevation as shown on the plans, prior to beginning cement treatment. Trimming and disposal of excess material, if required, will be performed on the intimate mixture of pulverized asphalt concrete, base materials and subgrade soil prior to cement treatment. 3-1.2 APPLICATION. Cement shall be applied at a rate of not less than 4 percent based on the in-place dry unit weight of soil and for the depth of subgrade treatment shown on the plans. For estimating purposes, an in-place dry unit weight of soil of 130 pcf should be used. The cement content shall vary no more than 0.5 percent under and not more than 1.0 percent over the specified cement content(example: tolerance on spread rate of 6.0% is 5.5%to 7.0%). However, the moving average of the rate of cement content tests/inspections shall not be less than the specified cement content. The Engineer reserves the right to increase the rate of application of cement from the specified rates during the progress of construction as necessary to maintain the desired characteristic of the stabilized subgrade. Additional cement and work required above and beyond the specified amount will be paid on a unit price basis. Cement shall be distributed with a non-pressurized mechanical vane-feed spreader capable of spreading the cement at a prescribed weight per unit area. Cement shall not be spread upon the prepared material more than 2 hours prior to the mixing operation. No traffic other than the mixing equipment shall be allowed to pass over the spread cement until the mixing operation is completed. 3-1.3 MIXING. Mixing of the soil, cement, and water shall be done with a four-wheel drive rotary mixer (CMI RS- 500B, CAT 350B or equivalent). The mixing machine shall have equipment provisions for introducing water at the time of mixing through a metering device. The full depth of the treated subgrade shall be mixed a minimum of two times with the approved mixing machine. At least one of the two mixes shall be done while introducing water into the soil through the metering device on the mixer. Water shall be added to the subgrade during mixing to provide a moisture content not less than I percentage point below nor more than two percentage Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 6 of 16 points above (-1 to +2 of OMC) the optimum moisture of the soil-cement mixture (ASTM D 558) to ensure chemical action of the cement and soil. 3-1.4 COMPACTION. The sequencing of the cement treatment shall be regulated by the Contractor such that the final compaction of the soil-cement mixture to the specified density will be completed within 2 1/2 hours after the initial application of water during the mixing operation. However, trimming (cuts only) can be completed within 24 hours of mixing. Compaction shall be by means of steel drum and/or segmented wheel rollers of sufficient capacity to compact the full depth. Areas inaccessible to rollers shall be compacted to the required compaction by other means satisfactory to the Engineer. The field dry density of the compacted mixture shall be at least 97% percent of the maximum dry density as determined in accordance with ASTM D 558 (Moisture-Density of Soil-Cement Mixtures) 3-1.5 FINISHING AND CURING. After the final layer of cement treated subgrade has been compacted, it shall be brought to the required lines and grades in accordance with the typical section, and shall be kept moist. The completed section shall then be finished by rolling with a steel drum or other suitable roller approved by the Engineer. The mixture shall be compacted in one layer. The completed cement treated subgrade shall be moist cured continuously for 5 days or until surfaced with a curing seal consisting of SS or CSS grade asphalt emulsion at a rate of 0.12 to 0.20 gallons per square yard of surface. If used, the curing seal shall be applied the same day as finish rolling is completed. The cement treated subgrade shall be protected from heavy traffic for 2 days minimum. If paving of the asphalt concrete does not take place on the third day, the cement treated subgrade shall be kept free from traffic for 7 days or until the asphalt concrete surfacing is placed whichever is less, unless otherwise directed by the Engineer. 3-1.7 MICROCRACKING Microcracking of the cement treated subgrade shall be accomplished within 48 to 72 hours of the final compaction. A 10-ton steel-wheel vibratory roller, traveling at a speed of approximately 2 mph and vibrating at maximum amplitude and lowest frequency, or as directed by the Engineer shall be used. Three passes shall be completed over the entire section so as to induce minute cracks in the cement treated subgrade. After each pass observe the section for excessive damage, proceed as directed by the Engineer. 3-1.8 CONSTRUCTION JOINTS Construction joints shall have vertical faces and shall be made in thoroughly compacted material. Additional mixture shall not be placed against the construction joint until the joint has been approved by the Engineer. The face of the cut joint shall be lean and free of deleterious material and shall be kept moist until the placing of the adjacent soil-cement. Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 7 of 16 3-1.9 REPAIR If the soil-cement is damaged, it shall be repaired by removing and replacing the entire depth of affected layers in the damaged area. Feathering will not be permitted for repair of low areas. 4-1 MEASUREMENT AND PAYMENT The pulverization and cement treatment of the existing pavement shall be paid for at the contract unit price per square foot for "Cement Treated and Pulverized Material: and shall include costs for all pulverizing, and mixing of the existing pavement and underlying materials; for all water and Portland cement; for all spreading, compacting and trimming to the proper grade as shown on the plans or as directed by the Engineer and as specified; for all haul away of all excess pulverized material; for all microcracking, curing, protection and sealing of the cement treated subgrade COLD PLANE ASPHALT CONCRETE PAVEMENT: The Contractor shall cold plane the asphalt concrete pavement to a depth of 0.10' as shown on the approved plans or as directed by the Engineer. The cold plane machine shall have a cutter head at least 72 inches wide and shall be operated so as not to produce fumes or smoke. The depth, width and shape of the cut shall be as indicated on the plans. The outside lines of the planed area shall be neat and uniform. The road surfacing to remain in place shall not be damaged in any way. The material planed from the roadway surface, including material deposited in existing gutters or on the adjacent traveled way shall become the property of the Contractor and shall be immediately removed from the site of the work and disposed of as provided in 16-1.03D Disposal of Materials" of the Standard Specifications. The removal crew shall follow within 50 feet of the planer, unless otherwise directed by the Engineer. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Sections 7 "Legal Relations and Responsibility to the Public" and Section 12 "Temporary Traffic Control"of the State of California Standard Specifications. The contract unit bid price paid per square feet for Cold Plane Asphalt Concrete Pavement shall include full compensation for providing all labor, tools, equipment and disposing of the grindings, and no additional compensation will be allowed therefor. Payment is combined with asphalt overlay. Special Provisions STREET REPAIR & REHABLITATION PROJECT Page 8 of 16 HOT MIX ASPHALT CONCRETE (HMAC) PAVING OVER CEMENT TREATED MATERIAL & OVERLAY (0.125' THICK) These items of work shall consist of PAVING 3" HMAC OVER CEMENT TREATED MATERIAL (Bid Item No. 5) and OVERLAYING ASPHALY PAVEMENT (Bid Item No. 6) at varying thickness (0.125' thick) and header cut to match or join existing ground or roadway feature. Full compensation shall include supply of materials and equipments, labor, preparations, removal and disposal of excess materials. Measurement shall be per actual square footage. 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. Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 9 of 16 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 Minimum course.The asphalt Next Lower Layer All Other Lower No.of Top Layer Thickness lift thickness table, Layers Thickness Layer Thickness as shown in Section 39-6.01, "General Requirements"of the Standard Specifications, is revised as follows: Total Thickness Shown on Plans 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 39, "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 Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 10 of 16 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: AASHTO Specification Grade Property Test PG PG 64- PG 64- PG 64- PG 70- Method 58-22a 10 16 28 10 Orginal Binder Flash Point,Minimum°C T48 230 230 230 230 230 Solubility,Minimum%b 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, Test Temp.at 10 rad/s,°C T315 58 64 64 64 70 Minimum G�/sin(delta),kPa I.00 1.00 I.00 1.00 1.00 RTFO Test', T240 1.00 1.00 1.00 1.00 1.00 Mass Loss,Maximum, RTFO Test Aged Binder _ Dynamic Shear, Test Temp.at 10 rad/s,°C T315 58 64 64 64 70 Minimum G*/sin(delta),kPa 2.20 2.20 2.20 2.20 2.20 Ductility at 25°C T51 75 75 75 75 75 Minimum,cm PAVE Aging, R28 100 100 100 100 110 Temperature,°C RTFO Test and PAV Aged Binder Dynamic Shear, 22d 31d 28d 22d 34d ° Test Temp.at 10 rad/s, C T315 5000 5000 5000 5000 5000 Minimum G"/sin(delta),kPa Creep Stiffness, -12 0 -6 -18 0 Test Temperature,°C T313 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. Csin(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. Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 11 of 16 Performance based asphalt (PBA) binder shall conform to the following: AASHTO Specification Grade Property Test Method PBA PBA PBA PBA 6a 6a(mod) 6b 7 Absolute Viscosity(60°C), Pas(x10"J)a Original Binder,Minimum T202 2000 2000 2000 1100 RTFO Test Aged Residueb, 5000 5000 5000 3000 Minimum Kinematic Viscosity(135°C),m2/s(x10" ' 6) Original Binder,Maximum T201 2000 2000 2000 1 100 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./Orig.Visc. Flash Point,Cleveland Open Cup,°C T48 232 232 232 232 Original Binder,Minimum . Mass Loss After RTFO Test% T240 0.60 0.60 0.60 0.60 Solubility in Trichloroethylene,%` T44 Report Report Report Report Original Binder,Minimum Ductility(25°C,5 cm/min),cm RTFO Test Aged Residueb, T5I 60 60 60 60 Minimum On RTFO Test Aged Residue,°C 1 to 10 rad/sec:SSD'>0 and Phase f = 35 = = Angle(at 1 rad/sec)<772° On Residue from: PAV5 at temp.,°C R28 100 100 100 110 Or Residue from Tilt Ovenf(@113°C), 36 36 36 72 hours — 'SSD>-115(SSV)-50.6,°C f = = = 25 Stiffness, Test Temperature,°C 24 24 30 6 Maximum S-value,Mpa T313 300 300 300 300 Minimum M-value 0.300 0.300 0.300 0.300 - Notes: a. Absolute viscosity (60°C) will be determined at one sec I 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. California Test 381. g. "PAV"means Pressurized Aging Vessel. Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 12 of 16 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, "General" is amended to include 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. Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 13 of 16 Section 39-3.01 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 94. ADJUST MANHOLE TO GRADE: Work includes adjusting manhole to grade and will be paid per manhole adjusted. A typical adjustment requires a 12"x12" concrete band around the manhole opening and vertical adjustment of plus or minus a foot to make the cover flush with the adjoining surface. Payment shall be per actual work done. RESTORE TRAFFIC SIGNAL LOOPS: The contractor's scope includes restoration of existing traffic loops to its working condition. Payment shall be lump sum. REMOVE & REPLACE DAMAGED DRAINAGE INLET/OUTLET: Contractor shall remove and replace damaged drainage inlets and outlets and payment shall be per item. Work shall include removal of existing concrete slab, forming and pouring the slab including affected side wall or curb. The size of each slab is approximately 2' x 5' and is typically 3 inch thick. It shall be reinforced with No. 4 deformed bar at 6"on center both ways. Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 14 of 16 REMOVE & REPLACE DRIVEWAY APPROACH PER STD. 207 (6" THICK) Works shall be based on Std. 207 and shall include removal of existing concrete, forming, excavating, sawcutting at all edges, pouring, curing, finishing and disposing offsite all excess materials. Payment shall be per square feet. The approximate size of each driveway approach is 10' x 20' or as directed in the field by the Engineer. REMOVE & REPLACE UNSUITABLE MATERIAL: Works include digging/excavating, disposal of roadway materials from existing damaged roadway including aggregate base and subgrade. Contractor shall supply/replace such excavated material with Aggregate Base Class-2 material, Crushed Miscellaneous Base meeting Class-2 specifications or natural dirt subject to the Engineer's approval and at least 8-inches of AB-2 or CMB-2 at the top. Contractor shall compact the top 12-inches of replaced material at 95% and the bottom layer at 90% minimum compaction. Locations shall be as directed by the Engineer. Payment shall be per CUBIC YARD. OBSTRUCTIONS: Attention is directed to Section 15, "Existing Facilities" of the Standard Specifications and these Special Provisions. Existing utility and privately owned facilities shall be protected. 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 the provisions 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. Special Provisions STREET REPAIR &REHABLITATION PROJECT Page 15 of 16 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 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 Special Provisions STREET REPAIR & REHABLITATION PROJECT Page 16 of 16 County of Riverside Economic Development Agency SPECIAL FEDERAL PROVISIONS CONSTRUCTION BID DOCUMENT Community Development Block Grant Construction Activities Last Date of Revision: May 19,2011 SPECIAL FEDERAL PROVISIONS DOCUMENT INDEX General Information 1. General Summary 2. Hold Harmless Clause and Additional Insured-Insurance Requirements 3. B-1 Federal Labor Standards Provisions(HUD 4010) 4. B-2 Federal Prevailing Wage Decision(CA Mod. ) 5. B-3 Project Sign Bid Forms 6. B-4 Certification of Bidder Regarding Non-segregated Facilities(Required for all Projects) 7. B-5 County of Riverside Section 3 Affirmative Action Program(Applicable for Projects$100,000 or more) 8. B-6 Bidder's Certification for Section 3 Compliance(Required for Projects$100,000 or more) 9. B-6(SUB)Subcontractor Certification for Section 3 Compliance(Required for Projects$100,000 or more) 10. B-7 Bidder's Certification on Federal Contract Requirements(Required for all Projects) 11. B-8 Questionnaire Regarding Bidders(Required for all Projects) 12. B-9 List of Subcontractors and Suppliers(Required for all Projects) Post-Award Forms 13. PA-1 Performance Bond(100%of contract price)(Required for Projects$100,000 or more) 14. PA-2 Payment Bond(Required for Projects$100,000 or more) 15. PA-3 Subcontractor Questionnaire (Required for all Projects) 16. PA-4 Subcontractor Certification Regarding Non-segregated Facilities(Required for all Projects) 17. PA-5 Section 3 Summary Report(Required for Projects$100,000 or more) 18. PA-6 Davis-Bacon Classifications and Pay Rates (Required for all Projects) GENERAL SUMMARY The following Federal Provisions and the attached exhibits herewith become binding on the contractor(s) and incorporated in the Bid Document in their entirety. 1. The Contractor and the Subcontractor(s) shall perform all work in accordance with the project plans and specifications, including all stipulations designed to meet diversified Federal Environmental Architectural, the Architectural Barriers Act of 1968, as amended; the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 2. The Contractor and the Subcontractor(s) shall allow all authorized Federal State and/or County officials access to the work area, fiscal, payroll, materials and other relevant contract records. All relevant records must be retained for at least four years. 3. The Contractor and the Subcontractor(s) shall comply with the Lead Based Paint Poisoning Prevention Act and the Implementation Regulations (24 CFR 35) issued pursuant thereto and any amendments thereof. 4. The Contractor and the Subcontractor(s) shall comply with Section 503 of the Rehabilitation Act of 1973 (P.L. 93-112) and the Implementation Regulations (41 CFR 60- 741) issued pursuant thereto and any amendments thereof. 5. The Contractor and the Subcontractor(s) shall comply with Section 40-2, Vietnam Era Veterans Adjustment Assistance Act of 1974 and the Implementation Regulations (41 CFR 60-250) issued pursuant thereto and any amendment thereof. 6. The Contractor and the Subcontractor(s) shall comply with the Title IV of the Civil Rights Act of 1964 and the Title VIII of the Civil Rights Act of 1963 and any amendment thereof. 7. For projects $100,000 or over, the Contractor and the Subcontractor(s) shall comply with Clean Air Act of 1963 (P.L. 90-148) and the Federal Water Pollution Act (P.L. 92-500), as amended and all applicable standards or regulations (40 CFR Part 15 and 61) issued pursuant to the said acts. 8. For projects $2,000 or over, the Contractor and the Subcontractor(s) shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a-276 a-5), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5) and any amendments thereof. Pursuant to the said regulations, Exhibit B-1 and B-2 entitled "Federal Labor Standards Provisions" and "Federal Prevailing Wage Decision" respectively are herewith attached. 9. The Contractor and Subcontractor(s) shall comply with the Copeland Anti Kickback Act (40 USC 276 C) and the Implementation regulations (29 CFR 3) issued pursuant thereto and any amendments thereof. Exhibit B-1 contains the key provisions of the said act. S:\CDBG\CONSTRUCTION\General Summary of SPECIAL FEDERAL PROVISIONS.docSPECIAL FEDERAL PROVISIONS 10. For construction projects $2,000 or over, or other projects $2,500 or more which utilize mechanics or laborers the Contractor and the Subcontractor(s) shall comply with the Contract Work Hours and Safety Standards Act (40 USC 327-332) and the Implementation Regulations (29 CFR 5) issued pursuant thereto and any amendments thereof. Exhibit B-1 contains the key provisions of the said act. 11. For projects $25,000 or over the Contractor shall provide one sign board to be located as directed by the owner. The sign board shall be mounted in an acceptable manner and constructed as shown and specified in Exhibit B-3. Additional information can be added to the project sign at the request of the project sponsor. 12. The Contractor shall comply with all laws, ordinances and regulations applicable to the work. If the Contractor ascertains at any time that any of the requirements of the contract are at variance with applicable law, ordinances, regulations or building code requirements, he shall promptly notify the owner and the Executive Director of Riverside County's Economic Development Agency and shall not proceed with the work in question, except at his own risk, until the owner and the said Director has had an opportunity to determine the extent of the responsibility for the variance and the appropriate corrective actions undertaken. 13. The Contractor must complete and execute the attached Certification of Bidder Regarding Segregated Facilities Exhibit B-4 and submit with the bid. 14. Wherever applicable, the Contractor and the Subcontractor(s) shall comply with, Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments, 24 CFR Part 85 or Uniform Requirements for Assistance to State and Local Governments, Circular A-102; Whichever is applicable. 15. For projects $100,000 or over the Contractor shall furnish to the owner, a Performance bond, a Payment bond, and Materials Bond executed as surety by a corporation acceptable to the owner and authorized to issue surety bonds in the State of California. Such a performance bond and a payment bond and materials bond shall be for one hundred percent (100%) of the total contract price. (Attached herewith are recommended formats for said bonds, Exhibits PA-1 and PA-2. 16. The Contractor and the Subcontractor(s) shall comply with Section 3 of The Housing and Community Development Act of 1968 and the regulations (24 CFR 125) issued pursuant thereto and amendments thereof. Pursuant to the said act, the Contractor and the Subcontractor(s) shall comply with the attached County of Riverside Section 3 Policy and Requirements Exhibits B-5, B-6, and PA-6. The Contractor must submit Exhibit B-6, for all projects over$100,000, as part of the bid package. 17. The Contractor must submit the attached, Exhibit B-7, certification that "he fully understands the diversified Federal requirements imposed on the Contractor(s) of HUD funded construction projects", as part of the bid package. S:\CDHG\CONSTRUCTION\General Summary of SPECIAL FEDERAL PROVISIONS.docSPECIAL FEDERAL PROVISIONS 18. Wherever applicable, the Contractor and the Sub-contractor(s) shall comply with Section 109 of The Housing and Community Development Act of 1974 and the Implementation Regulations (24 CFR570.601) issued pursuant thereto and any amendments thereof. 19. For projects $100,000 or over the Contractor shall submit a Bid Guarantee Bond in an amount no less that 5%of the total contract price, along with the bid. 20. The Contractor and Sub-contractor(s) shall comply with the Affirmative Action Reporting Requirements by completing the attachment Exhibit B-6 and B-6 Sub entitled, "Contractor Certification for Affirmative Action," and submit with bid for all projects $100,000 and over. 21. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same. 22. The Contractor must submit Questionnaire Regarding Bidders Exhibit B-8 and List of Sub- contractors Exhibit B-9 as part of the bid package. These forms are considered part of the Federal Contracting Requirements and are included in the bid document. Both documents are required to be completed by the Prime Contractor. S:\CDBG\CONSTRUCTION\General Summary of SPECIAL FEDERAL PR0VISI0NS.docSPECIAL FEDERAL PROVISIONS HOLD HARMLESS CLAUSE/INSURANCE REQUIREMENTS The following County of Riverside Hold Harmless and Insurance provisions herewith become binding on the contractor(s) in their entirety. HOLD HARMLESS/INDEMNIFICATION CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees)from any liability whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of CONTRACTOR, its officers, employees, subcontractors, agents or representatives Indemnitors from this Agreement. CONTRACTOR shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions. With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR'S indemnification to Indemnitees as set forth herein. CONTRACTOR'S obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR'S obligations to indemnify and hold harmless the Indemnitees herein from third party claims. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CONTRACTOR from indemnifying the Indemnitees to the fullest extent allowed by law. INSURANCE Without limiting or diminishing the CONTRACTOR'S obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only,the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds. A. Workers' Compensation: If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' S:\CDBG\CONSTRUCTION\General Summary of SPECIAL FEDERAL PROVISIONS.docSPECIAL FEDERAL PROVISIONS Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside. B. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR'S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. C. Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non- owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2)times the occurrence limit. Policy shall name the COUNTY as Additional Insureds. D. Professional Liability (ONLY TO BE INCLUDED IN CONTRACTS WITH SERVICE PROVIDERS INCLUDING BUT NOT LIMITED TO ENGINEERS, DOCTORS, AND LAWYERS) Contractor shall maintain Professional Liability Insurance providing coverage for the Contractor's performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Contractor's Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and CONTRACTOR shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that Contractor has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2)or 3) will continue for a period of five (5)years beyond the termination of this Agreement. E. General Insurance Provisions-All Lines: a) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b) The Contractor's insurance carrier(s) must declare its insurance deductibles or self- insured retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of deductibles or self insured retention's unacceptable to the County, and at the election of the Country's Risk Manager, Contractor's carriers shall either; 1) reduce or eliminate such deductibles or self-insured retention's as respects this Agreement with the County, or 2)procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. c)Contractor shall cause Contractor's insurance carrier(s)to furnish the County of S:\CDBG\CONSTRUCTION\General Summary of SPECIAL FEDERAL PROVISIONS.docSPECIAL FEDERAL PROVISIONS Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty(30)days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage,this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. Contractor shall not commence operations until the County has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. d) It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s)of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retention's or self-insured programs shall not be construed as contributory. e) The County's Reserved Rights--Insurance. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work(such as the use of aircraft or watercraft)the County reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage's currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the Contractor has become inadequate. f)Contractor shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. g)The insurance requirements contained in this agreement may be met with a program(s)of self-insurance acceptable to the County. S:\CDBG\CONSTRUCTION\General Summary of SPECIAL FEDERAL PROVISIONS.docSPECIAL FEDERAL PROVISIONS EXHIBIT B-1 Federal Labor Standards Provisions the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards U.S. Department of Housing and Urban Administration, U.S. Department of Labor, Washington, D.C. 20210. Development-Office of Labor Relations. • The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or Previous editions are obsolete Page 1 of 5 form HUD-4010 its designee within the 30-day period that additional time is necessary. (06/2009)ref. Handbook 1344.1 Applicability (Approved by the Office of Management and Budget under OMB control number 1215-0140.) The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and (c) In the event the contractor, the laborers or mechanics to be the following Federal Labor Standards Provisions are included in this employed in the classification or their representatives, and HUD or its Contract pursuant to the provisions applicable to such Federal designee do not agree on the proposed classification and wage rate assistance. (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including A. 1. (i) Minimum Wages. All laborers and mechanics employed or the views of all interested parties and the recommendation of HUD or working upon the site of the work,will be paid unconditionally and not its designee,to the Administrator for determination. The Administrator, less often than once a week, and without subsequent deduction or or an authorized representative, will issue a determination within 30 rebate on any account (except such payroll deductions as are days of receipt and so advise HUD or its designee or will notify HUD or permitted by regulations issued by the Secretary of Labor under the its designee within the 30-day period that additional time is necessary. Copeland Act(29 CFR Part 3),the full amount of wages and bona fide (Approved by the Office of Management and Budget under OMB fringe benefits (or cash equivalents thereof) due at time of payment Control Number 1215-0140.) computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and (d) The wage rate (including fringe benefits where appropriate) made a part hereof, regardless of any contractual relationship which determined pursuant to subparagraphs (1)(ii)(b) or (c) of this may be alleged to exist between the contractor and such laborers and paragraph, shall be paid to all workers performing work in the mechanics. Contributions made or costs reasonably anticipated for classification under this contract from the first day on which work is bona fide fringe benefits under Section I(b)(2) of the Davis-Bacon Act performed in the classification. on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR (iii)Whenever the minimum wage rate prescribed in the contract for a 5.5(a)(1)(iv); also, regular contributions made or costs incurred for class of laborers or mechanics includes a fringe benefit which is not more than a weekly period (but not less often than quarterly) under expressed as an hourly rate,the contractor shall either pay the benefit plans, funds, or programs, which cover the particular weekly period, as stated in the wage determination or shall pay another bona fide are deemed to be constructively made or incurred during such weekly fringe benefit or an hourly cash equivalent thereof. period. (iv)If the contractor does not make payments to a trustee or other third Such laborers and mechanics shall be paid the appropriate wage rate person,the contractor may consider as of the wages of any laborer or and fringe benefits on the wage determination for the classification of mechanic the amount of any costs reasonably anticipated in providing work actually performed, without regard to skill, except as provided in bona fide fringe benefits under a plan or program, Provided, That the 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more Secretary of Labor has found, upon the written request of the than one classification may be compensated at the rate specified for contractor, that the applicable standards of the Davis-Bacon Act have each classification for the time actually worked therein: Provided,That been met. The Secretary of Labor may require the contractor to set the employer's payroll records accurately set forth the time spent in aside in a separate account assets for the meeting of obligations under each classification in which work is performed.The wage determination the plan or program. (Approved by the Office of Management and (including any additional classification and wage rates conformed Budget under OMB Control Number 1215-0140.) under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at 2.Withholding.HUD or its designee shall upon its own action or upon the site of the work in a prominent and accessible, place where it can written request of an authorized representative of the Department of be easily seen by the workers. Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, (ii) (a) Any class of laborers or mechanics which is not listed in the or any other Federally-assisted contract subject to Davis-Bacon wage determination and which is to be employed under the contract prevailing wage requirements, which is held by the same prime shall be classified in conformance with the wage determination. HUD contractor so much of the accrued payments or advances as may be shall approve an additional classification and wage rate and fringe considered necessary to pay laborers and mechanics, including benefits therefore only when the following criteria have been met: apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the (1) The work to be performed by the classification requested is not event of failure to pay any laborer or mechanic, including any performed by a classification in the wage determination;and apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its (2)The classification is utilized in the area by the construction industry; designee may,after written notice to the contractor,sponsor,applicant, and or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds (3) The proposed wage rate, including any bona fide fringe benefits, until such violations have ceased. HUD or its designee may, after bears a reasonable relationship to the wage rates contained in the written notice to the contractor, disburse such amounts withheld for wage determination. and on account of the contractor or subcontractor to the respective employees to whom they are due.The Comptroller General shall make (b)If the contractor and the laborers and mechanics to be employed in such disbursements in the case of direct Davis-Bacon Act contracts. the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the 3.(i)Payrolls and basic records. Payrolls and basic records relating amount designated for fringe benefits where appropriate),a report of thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records (3) That each laborer or mechanic has been paid not less than the shall contain the name, address, and social security number of each applicable wage rates and fringe benefits or cash equivalents for the such worker, his or her correct classification, hourly rates of wages classification of work performed, as specified in the applicable wage paid(including rates of contributions or costs anticipated for bona fide determination incorporated into the contract. fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B)of the Davis-bacon Act),daily and weekly number of (c)The weekly submission of a properly executed certification set forth hours worked,deductions made and actual wages paid.Whenever the on the reverse side of Optional Form WH-347 shall satisfy the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the requirement for submission of the"Statement of Compliance"required wages of any laborer or mechanic include the amount of any costs by subparagraph A.3.(ii)(b). reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis-Bacon Act, the contractor (d)The falsification of any of the above certifications may subject the shall maintain records which show that the commitment to provide contractor or subcontractor to civil or criminal prosecution under such benefits is enforceable, that the plan or program is financially Section 1001 of Title 18 and Section 231 of Title 31 of the United responsible, and that the plan or program has been communicated in States Code. writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such (iii) The contractor or subcontractor shall make the records required benefits. Contractors employing apprentices or trainees under under subparagraph A.3.(i) available for inspection, copying, or approved programs shall maintain written evidence of the registration transcription by authorized representatives of HUD or its designee or of apprenticeship programs and certification of trainee programs, the the Department of Labor, and shall permit such representatives to registration of the apprentices and trainees, and the ratios and wage interview employees during working hours on the job. If the contractor rates prescribed in the applicable programs.(Approved by the Office of or subcontractor fails to submit the required records or to make them Management and Budget under OMB Control Numbers 1215-0140 and available, HUD or its designee may, after written notice to the 1215-0017.) contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, (ii)(a)The contractor shall submit weekly for each week in which any or guarantee of funds. Furthermore, failure to submit the required contract work is performed a copy of all payrolls to HUD or its designee records upon request or to make such records available may be if the agency is a party to the contract, but if the agency is not such a grounds for debarment action pursuant to 29 CFR 5.12. party,the contractor will submit the payrolls to the applicant sponsor,or owner, as the case may be, for transmission to HUD or its designee. 4.Apprentices and Trainees. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) (I)Apprentices.Apprentices will be permitted to work at less than the except that full social security numbers and home addresses shall not predetermined rate for the work they performed when they are be included on weekly transmittals.Instead the payrolls shall only need employed pursuant to and individually registered in a bona fide to include an individually identifying number for each employee (e.g., apprenticeship program registered with the U.S. Department of Labor, the last four digits of the employee's social security number). The Employment and Training Administration, Office of Apprenticeship required weekly payroll information may be submitted in any form Training, Employer and Labor Services, or with a State Apprenticeship desired. Optional Form WH-347 is available for this purpose from the Agency recognized by the Office, or if a person is employed in his or Department of Labor Wage and Hour Division Web site: her first 90 days of probationary employment as an apprentice in such www.dol.gov/esa/whd/forms, or its successor site. The prime an apprenticeship program, who is not individually registered in the contractor is responsible for the submission of copies of payrolls by all program, but who has been certified by the Office of Apprenticeship subcontractors. Contractors and subcontractors shall maintain the full Training, Employer and Labor Services or a State Apprenticeship social security number and current address of each covered worker, Agency(where appropriate)to be eligible for probationary employment and shall provide them upon request to HUD or its designee if the as an apprentice.The allowable ratio of apprentices to journeymen on agency is a party to the contract,but if the agency is not such a party, the job site in any craft classification shall not be greater than the ratio the contractor will submit the payrolls to the applicant sponsor, or permitted to the contractor as to the entire work force under the owner, as the case may be, for transmission to HUD or its designee, registered program. Any worker listed on a payroll at an apprentice the contractor, or the Wage and Hour Division of the Department of wage rate, who is not registered or otherwise employed as stated Labor for purposes of an investigation or audit of compliance with above, shall be paid not less than the applicable wage rate on the prevailing wage requirements. It is not a violation of this subparagraph wage determination for the classification of work actually performed. In for a prime contractor to require a subcontractor to provide addresses addition, any apprentice performing work on the job site in excess of and social security numbers to the prime contractor for its own records, the ratio permitted under the registered program shall be paid not less without weekly submission to HUD or its designee. (Approved by the than the applicable wage rate on the wage determination for the work Office of Management and Budget under OMB Control Number 1215- actually performed.Where.a contractor is performing construction on a 0149.) project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the (b) Each payroll submitted shall be accompanied by a "Statement of journeyman's hourly rate) specified in the contractor's or Compliance,"signed by the contractor or subcontractor or his or her subcontractor's registered program shall be observed. Every agent who pays or supervises the payment of the persons employed apprentice must be paid at not less than the rate specified in the under the contract and shall certify the following: registered program for the apprentice's level of progress,expressed as a percentage of the journeymen hourly rate specified in the applicable (1) That the payroll for the payroll period contains the information wage determination. Apprentices shall be paid fringe benefits in required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate accordance with the provisions of the apprenticeship program. If the information is being maintained under 29 CFR 5.5(a)(3)(i), and that apprenticeship program does not specify fringe benefits, apprentices such information is correct and complete; Previous editions are must be paid the full amount of fringe benefits listed on the wage obsolete Page 3 of 5 form HUD-4010(06/2009)ref.Handbook 1344.1 determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable (2)That each laborer or mechanic(including each helper, apprentice, apprentice classification, fringes shall be paid in accordance with that and trainee) employed on the contract during the payroll period has determination. In the event the Office of Apprenticeship Training, been paid the full weekly wages earned,without rebate,either directly Employer and Labor Services, or a State Apprenticeship Agency or indirectly, and that no deductions have been made either directly or recognized by the Office, withdraws approval of an apprenticeship indirectly from the full wages eamed,other than permissible deductions program, the contractor will no longer be permitted to utilize as set forth in 29 CFR Part 3; apprentices at less than the applicable predetermined rate for the work 10. (i) Certification of Eligibility. By entering into this contract the performed until an acceptable program is approved. contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractors firm is a person or firm ineligible (ii)Trainees. Except as provided in 29 CFR 5.16, trainees will not be to be awarded Government contracts by virtue of Section 3(a) of the permitted to work at less than the predetermined rate for the work Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts performed unless they are employed pursuant ',to and individually or participate in HUD programs pursuant to 24 CFR Part 24. registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor, Employment (ii)No part of this contract shall be subcontracted to any person or firm and Training Administration.The ratio of trainees to journeymen on the ineligible for award of a Government contract by virtue of Section 3(a) job site shall not be greater than permitted under the plan approved by of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD the Employment and Training Administration. Every trainee must be contracts or participate in paid at not less than the rate specified in the approved program for the HUD programs pursuant to 24 CFR Part 24. trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. (iii)The penalty for making false statements is prescribed in the U.S. Trainees shall be paid fringe benefits in accordance with the provisions Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, of the trainee program. If the trainee program does not mention fringe Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration benefits,trainees shall be paid the full amount of fringe benefits listed transactions", provides in part: 'Whoever, for the purpose of . . on the wage determination unless the Administrator of the Wage and influencing in any way the action of such Administration makes, Hour Division determines that there is an apprenticeship program utters or publishes any statement knowing the same to be false associated with the corresponding journeyman wage rate on the wage shall be fined not more than $5,000 or imprisoned not more than two determination which provides for less than full fringe benefits for years,or both." apprentices.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the 11. Complaints, Proceedings, or Testimony by Employees. No Employment and Training Administration shall be paid not less than the laborer or mechanic to whom the wage, salary, or other labor applicable wage rate on the wage determination for the classification of standards provisions of this Contract are applicable shall be work actually performed. In addition, any trainee performing work on discharged or in any other manner discriminated against by the the job site in excess of the ratio permitted under the registered Contractor or any subcontractor because such employee has filed any program shall be paid not less than the applicable wage rate on the complaint or instituted or caused to be instituted any proceeding or has wage determination for the work actually performed. In the event the testified or is about to testify in any proceeding under or relating to the Employment and Training Administration withdraws approval of a labor standards applicable under this Contract to his employer. training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work B. Contract Work Hours and Safety Standards Act. The provisions performed until an acceptable program is approved. of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms (iii) Equal employment opportunity. The utilization of apprentices, "laborers"and"mechanics"include watchmen and guards. trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive (1) Overtime requirements. No contractor or subcontractor Order 11246,as amended,and 29 CFR Part 30. contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or 5. Compliance with Copeland Act requirements. The contractor permit any such laborer or mechanic in any workweek in which the shall comply with the requirements of 29 CFR Part 3 which are individual is employed on such work to work in excess of 40 hours in incorporated by reference in this contract such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic 6. Subcontracts. The contractor or subcontractor will insert in any rate of pay for all hours worked in excess of 40 hours in such subcontracts the clauses contained in subparagraphs 1 through 11 in workweek. this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable (2)Violation; liability for unpaid wages; liquidated damages. In the prevailing wage decision, and also a clause requiring the event of any violation of the clause set forth in subparagraph(1)of this subcontractors to include these clauses in any lower tier subcontracts. paragraph,the contractor and any subcontractor responsible therefore The prime contractor shall be responsible for the compliance by any shall be liable for the unpaid wages. In addition, such contractor and subcontractor or lower tier subcontractor with all the contract clauses in subcontractor shall be liable to the United States (in the case of work this paragraph. done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated 7.Contract termination;debarment.A breach of the contract clauses damages shall be computed with respect to each individual laborer or in 29 CFR 5.5 may be grounds for termination of the contract and for mechanic, including watchmen and guards, employed in violation of debarment as a contractor and a subcontractor as provided in 29 CFR the clause set forth in subparagraph(1)of this paragraph,in the sum of 5.12. $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours 8. Compliance with Davis-Bacon and Related Act Requirements. without payment of the overtime wages required by the clause set forth All rulings and interpretations of the Davis-Bacon and Related Acts in sub paragraph(1)of this paragraph. Previous editions are obsolete contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by Page 5 of 5 form HUD-4010(06/2009)ref.Handbook 1344.1 reference in this contract (3)Withholding for unpaid wages and liquidated damages. HUD or 9.Disputes concerning labor standards. Disputes arising out of the its designee shall upon its own action or upon written request of an labor standards provisions of this contract shall not be subject to the authorized representative of the Department of Labor withhold or general disputes clause of this contract. Such disputes shall be cause to be withheld, from any moneys payable on account of work resolved in accordance with the procedures of the Department of Labor performed by the contractor or subcontractor under any such contract set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of or any other Federal contract with the same prime contract, or any this clause include disputes between the contractor (or any of its other Federally-assisted contract subject to the Contract Work Hours subcontractors) and HUD or its designee, the U.S. Department of and Safety Standards Act which is held by the same prime contractor Labor,or the employees or their representatives. such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph contractor,or the Wage and Hour Division of the Department of Labor (2)of this paragraph. for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime (4) Subcontracts. The contractor or subcontractor shall insert in any contractor to require a subcontractor to provide addresses and social subcontracts the clauses set forth in subparagraph (1) through (4) of security numbers to the prime contractor for its own records, without this paragraph and also a clause requiring the subcontractors to weekly submission to the sponsoring government agency (or the include these clauses in any lower tier subcontracts. The prime applicant,sponsor,or owner). contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs(1) Submittal of Photocopied Payrolls: through(4)of this paragraph. The submittal of photocopies or other automated duplication of the C. Health and Safety. The provisions of this paragraph C are contractor's regular payrolls containing all of the required information applicable where the amount of the prime contract exceeds$100,000. pertinent to the CDBG-funded project is sufficient to satisfy the payroll data requirements pursuant to 29 CFR 5.5(a)(3)(ii)(A). (1)No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor.The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Form HUD-4010 (June 2009) Addendum to HUD's Federal Labor Standards Provisions FORM 4010 The contractor shall submit weekly, for each week in which any contract work is performed,a copy of all payrolls to the(the applicant, sponsor, or owner), as the case may be, for transmission to the County of Riverside—Economic Development Agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(0, except that full social security numbers and home addresses shall not be included on weekly transmittals.Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired by contractor or subcontractors provided said payroll complies with 29 CFR 5.5(a)(3)(i). Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.qov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (applicant,sponsor,or owner),as the case may be,for transmission to the County of Riverside — Economic Development Agency, the EXHIBIT B-2 FEDERAL PREVAILING WAGE DECISION (CA mod. ) Insert most recent (10 days prior to bid opening) wage decision at this point. 2-1 LABOR STANDARDS REQUIREMENTS - PRECONSTRUCTION PHASE. A construction project covered by Federal labor standards requires a series of specific actions . . . prior to the actual start of construction. Those actions are: a. obtaining an applicable wage determination for the project; b. including that wage determination (and any modifications) in the bid documents (where there is competitive bidding or in invitations for proposals .. . c. including appropriate labor standards provisions and the wage determination in the construction contract; ... 2-2 CONSTRUCTION WAGE DETERMINATION - DEFINITION. All construction bid documents and contracts or analogous instruments covered by Federal labor standards must contain a current and applicable wage determination issued by the Department of Labor. The term "wage determination" includes the original decision and any subsequent decisions modifying, superseding, correcting, or otherwise changing the provisions of the original decision. Reference:Handbook 1344.1 Federal Labor Standards Compliance in Housing and Community Development Programs;paragraph 2-1, section 1 paragraph 1-1. OBTAINING WAGE DETERMINATIONS Project wage determinations are obtained through the submission of Standard Form SF-308 to the Department of Labor(DOL)by the: County of Riverside Economic Development Agency The Agency will submit the appropriate form to the HUD Field Office Labor Relations Staff for the most current wage decision effective 10 days before the opening of bids. Project wage determinations initially issued shall be effective for 180 calendar days from the date of such determinations. If an effective wage determination is not used in the period of its effectiveness it is void. Initial endorsement or start of construction, whichever occurs first, will serve to "lock in"the wage determination. Allow a least 30 days for processing such requests to HUD. EXHIBIT B-3 PROJECT SIGN (For Community Development Block Grant Funded Projects) Required for all Projects$25,000 or over (4'X 8') COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY (White letters on red background) SUPERVISOR'S NAME DISTRICT PROJECT NAME PROJECT COST SPONSOR CONTRACTOR ARCHITECT/ENGINEER (Blue letters on white background) FUNDED BY:U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EQUAL OPPORTUNITY-AFFIRMATIVE ACTION EMPLOYER EXECUTIVE ORDER 11246 AND SECTION 3 OF HOUSING AND URBAN DEVELOPMENT ACT OF 1968,AS AMENDED (White letters on blue background) EXHIBIT B-4 Required Bid Form CERTIFICATION OF BIDDER REGARDING NONSEGREGATED FACILITIES Project Name: Name of Bidder: The above named Bidder hereby certifies that: I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms, wash rooms, restaurants and other eating areas, time clocks, locker rooms or other dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race,color, religion, national origin, or because of habits, local customs,or otherwise. I further agree to obtain identical certifications from all proposed subcontractors prior to the award of subcontracts exceeding$10,000. Signature: Name(Print): Title: Date: EXHIBIT B-5 COUNTY OF RIVERSIDE AFFIRMATIVE ACTION PROGRAM ECONOMIC OPPORTUNITIES FOR SECTION 3 RESIDENTS AND SECTION 3 BUSINESS CONCERNS The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD Assistance for housing. AFFIRMATIVE ACTION POLICY STATEMENT The County of Riverside, as the Community Development Block Grant Administrator, shall take Affirmative Action to insure to the greatest extent feasible that: 1. Contracts for work (involving both construction and non-construction projects) funded from Community Development moneys be awarded to business located in and/or owned in substantial part by persons residing within the Section 3 covered project area. 2. Lower income residents of said project area are to be provided, to the greatest extent feasible, employment and training opportunities emanating from such contracts. It will be established policy to: 1. Enlist the support of community agencies, schools and unions in the recruitment, hiring and training of low income persons residing within Section 3 project areas. 2. Insure that project area business are afforded a maximum feasible opportunity to bid on contracts. 3. Insure that contractors understand and comply with their obligations under the Act (24 CFR Part 135). 4. Provide a system to periodically monitor and evaluate the effectiveness with which the plan is being carried out. To insure that we continue to meet our obligations and commitments we have developed a Section 3 Affirmative Action Program. All contractors and sub-contractors are expected to demonstrate a spirit of support and cooperation in the implementation of this program. The Executive Director of the Community Development Agency will be responsible for the implementation, administration, and monitoring of our policy and program. Date: February 8, 1988 Supervisor Walt P. Abraham Chairman, Board of Supervisors II DEFINITION OF TERMS 1. Business concerns located within the Section 3 covered project area: Means those individuals or firms located within the relevant Section 3 covered project area as determined, pursuant to 24 CFR 135.5. 2. Business concerns owned in substantial part by persons residing in the Section 3 covered project area: Means those business concerns which are fifty-one (51) percent or more owned by persons residing within the relevant Section 3 covered project as determined pursuant to 24 CFR 135.5. 3. Contracting party:Means any entity which contracts with a contractor for the performance of work in connection with a Section 3 covered project. 4. Contractor:Means any entity which performs work in connection with a Section covered project. 5. Lower income resident of the area: A person residing in the Community Development Block Grant project area of the County of Riverside whose annual family income does not exceed eighty (80) percent of the median income. (Calculations are to be based on the median income level as reported by HUD). 6. Project area: In most cases the project area will be bounded by the County limits (or participants'City limits as applicable). However, priority shall be given to persons living within the County's Impact Areas. III SPECIFIC AFFIRMATIVE ACTION STEPS In order to comply with Section 3 regulations affirmative action must be taken.This affirmative action will be at least as extensive and specific as the following: • Each contractor and sub-contractor shall incorporate in all contracts for work in connection with a Section 3 covered project the following Section 3 Clause: • Every applicant, recipient, contracting party, contractor, and sub- contractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with Section 3 covered project, the following clause (referred to as a Section 3 Clause): The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development, and is subject to the requirements of Section 3 of the Housing and Urban Development act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 570, and all applicable rules and orders of the Department issued hereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization, or representative or workers, with which he has collective bargaining agreement or other contract, or understanding, if any, a notice advising the said labor organization or workers; representative of his commitments under this Section 3 Clause and shall post copies of the notice in a conspicuous place available to employees and applicants for employment or training. The contractor will include this Section 3 Clause in every sub-tier contract for work in connection with the project and will, at the direction of the applicant for, or recipient of, the Federal financial assistance, take appropriate action pursuant to the sub-tier contract upon finding that the subcontractor is in violation of the regulations issued by the Secretary of Housing, and Urban Development, 24 CFR 570. The contractor will not enter into any sub- tier contract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 570 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 570, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. All contractors and their subcontractors shall include as part of their bid proposal a copy of their Section 3 Affirmative Action Plan. The Plan should include the following: 1. A preliminary statement of workforce needs (skilled, semi-skilled, unskilled labor and trainees by category). 2. Goals (in percentage) relative to utilization of lower income persons in project area. 3. Goals relative to the project dollar amount of subcontractors to be awarded to project area business. IV DISSEMINATION OF SECTION 3 PROGRAM POLICY In order that all contractors of the County of Riverside have a full understanding of the County's position regarding this Section 3 Affirmative Action Plan the following procedures will be initialed: 1. All advertisements and invitations to bid will include the County's Section 3 Affirmative Action Plan requirements. 2. All Community Development Block Grant contracts will include the County's Section 3 Affirmative Action Plan. 3. The Section 3 Grievance Procedure and signs shall be placed at construction sites identifying the project as a Section 3 covered project. V PROGRAM EVALUATION Pursuant to Section 3 requirements (24 CFR 135.72,) the County of Riverside, as Block Grant Administrator, shall assist and actively cooperate with the Department of Housing and Urban Development in insuring the compliance of our contractors and subcontractors. All contractors shall: 1. Maintain a list of all lower income area residents who have applied whether on their own or on referral from any source. 2. Set forth evidence, acceptable to the Executive Director or the Community Development Agency that its actions were not an attempt to circumvent program requirements, if vacant apprentice or trainee positions in its organization are filled immediately prior to undertaking work pursuant to a Section 3 covered project. VI COMPLAINT PROCEDURE Who may file a complaint? The following individuals and business concerns may, personally or through an authorized representative, file with the Assistant Secretary a complaint alleging noncompliance with section 3: 1. Any Section 3 resident on behalf of himself or herself, or as a representative of persons similarly situated, seeking employment, training or other economic opportunities generated from the expenditure of Section 3 covered assistance with a recipient or contractor, or by a representative who is not a section 3 resident but who represents one or more Section 3 residents; 2. Any Section 3 business concern on behalf of itself, or as a representative of other section 3 business concerns similarly situated, seeking contract opportunities generated from the expenditure of Section 3 covered assistance from a recipient or contractor, or by an individual representative of Section 3 business concerns. Where to file a complaint? A complaint must be filed with the: Assistant Secretary for Fair Housing and Equal Opportunity Department of Housing and Urban Development Washington, DC, 20410. Questions regarding Section 3 compliance, procedures for filing a complaint, or the County of Riverside's Affirmative Action Program, should be addressed to: Economic Development Agency CDBG Program Administrator- Section 3 Program 3403 10th Street, Suite 500 Riverside, CA 92501 (951) 955-8916 EXHIBIT B-6 Page 1 of 2 Required Bid Form for bids $100,000 or more BIDDER CERTIFICATION FOR SECTION 3 COMPLIANCE (Housing and Community Development Act of 1968) Project Title: Amount of Bid: The undersigned hereby certifies that he/she has read and understands Riverside County's Section 3 Affirmative Action Program as well as Section 3 of the Housing and Community Development Act of 1968, and further certifies adoption of, and adherence to, said program, and certifies understanding of the following for all construction contracts over$100,000: I understand and agree that in the event that I am awarded this contract, and in the event that any new employment opportunities are created as a result of this CDBG-funded project, I will forward to the Economic Development Agency all detailed job descriptions and Section 3 reports, in a form, at a place, and at a time as directed by the Economic Development Agency. Complete your proposed workforce plan for this project below: Initial Here NUMBER OF NUMBER OF NEW HIRES JOB CATEGORY CURRENT NEW HIRES PROPOSED TO BE %OF NEW HIRES TO BE POSITIONS IF AWARDED SECTION 3 RESIDENTS SECTION 3 BID PROFESSIONALS TECHNICIANS OFFICE/CLERICAL CONSTRUCTION BY TRADE TRADE TRADE TRADE TRADE TRADE TRADE APPRENTICE TRAINING OTHER TOTAL EXHIBIT B-6 Page 2 of 2 BIDDER CERTIFICATION FOR SECTION 3 COMPLIANCE I understand and agree that for any and all subcontracting opportunities that may result from this CDBG-funded project, I will request and review the County of Riverside Section 3 Subcontractor Database prior to selecting any subcontractor for my bid submittal. Initial Here I understand and agree that any and all sub-contracts and sub-tier agreements resulting from this CDBG-funded project are also subject to Section 3 compliance, and therefore, as the General/Prime Contractor, I am responsible to ensure compliance from all subcontractors. Initial Here Complete your Subcontracting Plan for this project below: AMOUNT OF IS THE SUBCONTRACTOR IF SUBCONTRACTOR IS SECTION 3,INDICATE SUBCONTRACT($) SECTION 3 ELIGIBLE? ELIGIBLE STATUS. TRADE YES OR NO 51%OWNER / 30%EMPLOYEE Bidder(Company)Name: Authorized Representative (Type Name): Signature: Date: Page 1 of 2 EXHIBIT B-6 SUB Required Bid Form for bids $100,000 or more SUBCONTRACTOR CERTIFICATION FOR SECTION 3 COMPLIANCE (Housing and Community Development Act of 1968) Project Title: Amount of Subcontract: The undersigned hereby certifies that he/she has read and understands Riverside County's Section 3 Affirmative Action Program as well as Section 3 of the Housing and Community Development Act of 1968, and further certifies adoption of, and adherence to, said program, and certifies understanding of the following for all construction contracts over$100,000: I understand and agree that in the event that I am awarded this contract, and in the event that any new employment opportunities are created as a result of this CDBG-funded project, I will forward to the Economic Development Agency all detailed job descriptions and Section 3 reports, in a form, at a place, and at a time as directed by the Economic Development Agency. Initial Here Complete your proposed workforce plan for this project below: NUMBER OF NUMBER OF NEW HIRES JOB CATEGORY CURRENT NEW HIRES PROPOSED TO BE %OF NEW HIRES TO BE POSITIONS IF AWARDED SECTION 3 SECTION 3 RESIDENTS BID PROFESSIONALS TECHNICIANS OFFICE/CLERICAL CONSTRUCTION BY TRADE TRADE TRADE TRADE TRADE TRADE TRADE APPRENTICE TRAINING OTHER TOTAL EXHIBIT B-6SUB Page 2 of 2 SUBCONTRACTOR CERTIFICATION FOR SECTION 3 COMPLIANCE Bidder(Company)Name: Authorized Representative (Type Name): Signature: Date: EXHIBIT B-7 Required Bid Form COUNTY OF RIVERSIDE CDBG PR.OGR.ANI BIDDER CERTIFICATION ON FEDERAL CONTRACT REQUIREMENTS PROJECT NAME: CERTIFICATION: I hereby certify that I have reviewed and understand the diversified Federal construction contract related requirements imposed on the Contractor(s) of HUD- funded construction projects, including but not limited to the following: 1. The subject project is being financed with Community Development Block Grant funds (24 CFR Part 570); 2. This project and all related construction contracts are subject to the U.S. Department of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010—revised 06/2009); and 3. This project is subject to all applicable laws and regulations as listed in the General Summary of these Special Federal Provisions; and 4. If my bid is $100,000 or more, this project and all related contracts will subject to Section 3 requirements (12 U.S.C.1701u). CONTRACTOR'S NAME: CONTRACTOR'S LICENSE NO.: ADDRESS: AUTHORIZED REPRESENTATIVE: (Type Name) SIGNATURE: DATE: EXHIBIT B-8 Required Bid Form QUESTIONNAIRE REGARDING BIDDERS Bidder has been engaged in the contracting business under the present name of , since (Date). Present business address is: Federal Tax ID: Amount of Bid $ State of California Contractor's License No.: Expiration Date: Because this project is Federally-funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The U.S. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors. A minority enterprise is defined by the Federal Government as a business that is fifty-one percent(51%) or more"minority-owned". Please check applicable box concerning the ownership of your business: ❑ American Indian or Native Alaskan ❑ Asian or Pacific Islander/Native Hawaiian ❑ Black/African American ❑ Hispanic ❑ White ❑ Hasidic Jews ❑ Other A woman-owned enterprise is defined by the Federal Government as a business that is fifty- percent (50%) or more woman-owned. Please check applicable box concerning the ownership of your business: ❑ Woman/Female owned ❑ Male owned A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent (51%) owned by a low or very low-income person, or a business concern that provides economic opportunities to low and very low-income residents. Please check applicable box concerning the ownership of your business: ❑ Section 3 Business concern ❑ Non-Section 3 Business concern The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code,Section 1701 et seq.,and other regulations. It will not be disclosed or released outside of HUD without your consent,except as required or permitted by law. EXHIBIT B-9 Required Bid Form. LIST OF SUBCONTRACTORS SUBCONTRACTOR FED. I.D.# AMOUNT ADDRESS/PHONE NO. SUPPLIERS NAME OF SUPPLIER ADDRESS/PHONE NO. CONTRACT AMOUNT This form is to be completed and submitted with the bid package. EXHIBIT PA-I PERFORMANCE BOND Recitals: 1. (contractor) has entered into an Agreement dated with for construction of public work known as (Project) 2. , a corporation (Surety), is the Surety under this Bond Agreement: We, Contractor, as Principal, and Surety,jointly and severally agree, state, and are bound unto Owner, 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 insures to the benefit of Owner. 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 Owner 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 Document 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 Surety. THIS BOND is executed as of Date By By By Type Name Its Attorney in Fact"Surety" Title Contractor Note: This Bond must be executed by both parties with corporate seal affected.All signatures must be acknowledged. (Attach acknowledgements) EXHIBIT PA-2 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 dated between Principal and a public entity, as Owner;for the BOND is one hundred percent(100%)of said sum. Said contract is for public work generally consisting of The beneficiaries of this Bond are as is stated in 3248 of Civil Code and the 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, prepayment under said contract Dated Original Contractor-Principal By Surety By Title (If corporation-affix seal) (Corporate Seal) STATE OF CALIFORNIA COUNTY OF ) SS SURETY'S ACKNOWLEDGMENT On before me personally appeared known to me to be the person whose name is subscribed to the within the instrument as attorney in fact of , a corporation,and acknowledged that he subscribed the name of said corporation thereto, and his own name is its attorney in fact. Notary Public (Seal) Riverside County Counsel Approved Form 1-9-74 EXHIBIT PA-3 SUBCONTRACTOR QUESTIONNAIRE Subcontrator has been engaged in the contracting business under the present name of: , since (Date). Present business address is: Federal Tax ID: Amount of Subcontract$ State of California Contractor's License No.: Expiration Date: Because this project is Federally-funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The U.S. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors. A minority enterprise is defined by the Federal Government as a business that is fifty-one percent(51%) or more"minority-owned". Please check applicable box concerning the ownership of your business: ❑ American Indian or Native Alaskan ❑ Asian or Pacific Islander/Native Hawaiian ❑ Black/African American ❑ Hispanic ❑ White ❑ Hasidic Jews ❑ Other A woman-owned enterprise is defined by the Federal Government as a business that is fifty- percent (50%) or more woman-owned. Please check applicable box concerning the ownership of your business: ❑ Woman/Female owned ❑ Male owned A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-percent (50%) owned by a low or very low-income person,or a business concern that provides economic opportunities to low and very low-income residents. Please check applicable box concerning the ownership of your business: ❑ Section 3 Business concern 0 Non-Section 3 Business concern The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code,Section 1701 et seq.,and other regulations. It will not be disclosed or released outside of HUD without your consent,except as required or permitted by law. • EXHIBIT PA-3(Cumulative2 EDA Use Only ECONOMIC DEVELOPMENT AGENCY Project Name: CDBG/ESG/HOME PROGRAMS COMMUNITY SERVICES DIVISION File# Contractor/Sub-Contractor Questionnaire Note:The information requested is used to compile data required by HUD for Federally funded projects.The information is used by HUD to monitor and evaluate Minority Business Enterprise activities against the total program activity and the designated minority business enterprise(MBE)goals. Privacy Act NO(ice=The United States Department of Housing and Urban Development.Federal Housing Administration.is authorized to solicit the information requested in this form by virtue of Title 12.United States Code,Section 17(11 et seq..and regulation. It will not be disclosed or released outside the United Sates Department of Housing and Urban Development without your consent.except as required or permitted by law. Project Name: Contractor or Subcontractor Woman Prime Amount ofType of Subcontractor Business Owned Contractor Sec. Contract or Business Identification Contact Person Subcontract Racial/ 1-9 Business Identification (ID)Number (V or N) Contractor/Subcontractor Name and Address Ethnic (Y or N) (ID)Number (see below) .Name IStreet I Ctty State I Racial/Ethnic Codes: Type of Business/Trade Section 3:Yes/No Codes 1=White Americans 1=New Construction A Section 3 Contractor or 2=Substantial Rehab subcontractor is a business concern PRINT NAME: 2=Black Americans 3=Repair that provides economic Pa opportunities 3=Native Americans 4=Repair to low and very low-income SIGNATURE: 4=Hispanic Americans 5=Project Management residents of the metropolitan area(or 6=Professional non-metropolitan county),including 5=Asian/Pacific Americans 7=Tenant Services a business concern that is 51 percent DATE: 6=Hasidic Jews 8=Education Training or more owned by low-income 9=Arch/Eng Appraisal residents. 0=Other EXHIBIT PA-4 CERTIFICATION OF SUBCONTRACTOR REGARDING NONSEGREGATED FACILITIES Project Name: Name of Subcontractor: Name of General Contractor: The above named Subcontractor hereby certifies that: I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms, wash rooms, restaurants and other eating areas, time clocks, locker rooms or other dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, national origin,or because of habits, local customs,or otherwise. Signature: Name(Print): Title: Date: SECTION 3 SUMMARY REPORT EXHIBIT PA-5 ECONOMIC OPPORTUNITIES FOR LOW AND VERY LOW-INCOME PERSONS PROJECT NAME: DATE CONTRACTOR: SUBCONTRACTOR: NUMBER OF NUMBER OF NEW % OF AGGREGATE NUMBER %OF TOTAL STAFF JOB CATEGORY NEW HIRES HIRES THAT ARE OF STAFF HOURS OF NEW HOURS FOR SECTION 3 SECTION 3 RESIDENTS HIRES THAT ARE SECTION 3 EMPLOYEES PROFESSIONALS TECHNICIANS OFFICE/CLERICAL CONSTRUCTION BY TRADE TRADE TRADE TRADE TRADE TRADE • TRADE OTHERS TOTAL NAME OF PERSON COMPLETING FORM: SIGNATURE: Section 3 "New Hires" refers to a person who is not on the Contractor's payroll for employment at the time of Contract award. Recipients and contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for CDBG-funded projects was directed to low-income and very low-income persons. Low-income persons means families (including single people) whose incomes do not exceed 80% of the area median household income, as established by HUD, with adjustments for family size. Very low-income persons means families ( including single people) whose incomes do not exceed 50% of the area median household income, as established by HUD, with adjustments for family size. EXHIBIT PA-6 CDBG PROJECT LABOR CLASSIFICATION SURVEY PROJECT NAME: CONTRACTOR: PROJECT NUMBER: SUBCONTRACTOR: CLASSIFICATIONS BRICKLAYER LABORERS: GROUP 1 CARPENTERS GROUP 2 CEMENT MASONS GROUP 3 DRYWALL HANGERS GROUP 4 ELECTRICIANS GROUP 5 IRON WORKERS POWER EQUIPMENT OPERATORS PAINTERS GROUPS 1 -21 PLUMBERS ROOFERS SHEET METAL WORKERS TRUCK DRIVERS GROUPS 1-11 SOFT FLOOR LAYERS TILE LAYERS LANDSCAPE/IRRIGATION FITTERS ADDITIONAL CLASSIFICATIONS (Must be approved by HUD and DOL) LABORERS—STRIPPING CLASSIFICATIONS PLASTERER OTHERS S:\CDBG\CONSTRUCTION\Contractor.Sub Checklist\CDBG PROJECT LABOR CLASSICFICATION SURVEY.doc PA-6 (Continued) PROJECT NAME: WAGE DECISION NUMBER/MODIFICATION NUMBER: PROJECT NUMBER: PROJECT COUNTY: BASIC HOURLY FRINGE TOTAL HOURLY LABORERS WORK CLASSIFICATION RATE(BHR) BENEFITS WAGE RATE FRINGE BENEFITS: $ GROUP# BHR TOTAL WAGE Bricklayers $ Carpenters $ $ Cement Masons $ $ Drywall Hangers $ $ Electricians $ $ Iron Workers $ $ OPERATORS Painters $ FRINGE BENEFITS: $ GROUP# BHR TOTAL WAGE Plumbers $ Roofers $ $ Sheet Metal Workers $ $ Soft Floor Layers $ $ Tapers $ $ TRUCK DRIVERS Tile Setters $ FRINGE BENEFITS: $ GROUP# BHR TOTAL WAGE OTHER CLASSIFICATIONS $ $ $ $ $ $ ADDITIONAL CLASSIFICATIONS(HUD Form 4230•A) DATE OF HUD BASIC HOURLY FRINGE TOTAL HOURLY SUBMISSION TO DATE OF DOL WORK CLASSIFICATION RATE BENEFITS WAGE RATE DOL APPROVAL $ $ http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 General Decision Number: CA120036 11/16/2012 CA36 Superseded General Decision Number: CA20100036 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Riverside County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/06/2012 1 03/02/2012 2 03/30/2012 3 04/20/2012 4 04/27/2012 5 05/04/2012 6 05/18/2012 7 06/08/2012 8 07/13/2012 9 08/03/2012 10 09/14/2012 11 10/12/2012 12 10/19/2012 13 11/02/2012 14 11/16/2012 ASBE0005-002 06/28/2010 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) $ 32.79 16.31 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) $ 24.21 13.76 ASBE0005-004 06/28/2010 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all 1 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 insulation materials from mechanical systems, whether they contain asbestos or not) $ 18.70 8.65 BOIL0092-003 05/01/2011 Rates Fringes BOILERMAKER $ 41.26 25.27 * BRCA0004-011 05/01/2012 Rates Fringes BRICKLAYER; MARBLE SETTER $ 35.96 11.32 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate BRCA0018-004 06/01/2012 Rates Fringes MARBLE FINISHER $ 27.04 10.66 TILE FINISHER $ 22.37 9.19 TILE LAYER $ 33.55 13.55 BRCA0018-010 09/01/2009 Rates Fringes TERRAZZO FINISHER $ 26.59 9.62 TERRAZZO WORKER/SETTER $ 33.63 10.46 CARP0409-001 07/01/2010 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer $ 37.35 11.08 (2) Millwright $ 37.85 11.08 (3) Piledriver/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) $ 37.48 10.58 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) $ 37.48 11.08 (4) Pneumatic Nailer, Power Stapler $ 37.60 11.08 2 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 (5) Sawfiler $ 37.44 11.08 (6) Scaffold Builder $ 28.55 11.08 (7) Table Power Saw Operator $ 37.45 11.08 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers) : $0.13 per hour additional. CARP0409-002 07/01/2008 Rates Fringes Diver (1) Wet $ 663.68 9.82 (2) Standby $ 331.84 9.82 (3) Tender $ 323.84 9.82 (4) Assistant Tender $ 299.84 9.82 Amounts in "Rates' column are per day CARP0409-005 07/01/2010 Rates Fringes Drywall DRYWALL INSTALLER/LATHER $ 37.35 11.08 STOCKER/SCRAPPER $ 10.00 6.67 CARP0409-008 08/01/2010 Rates Fringes Modular Furniture Installer $ 17.00 7.41 ELEC0011-002 05/28/2012 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer $ 27.25 3%+11.75 Technician $ 29.05 30+11.80 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound; burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above 3 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ELEC0440-001 12/01/2011 Rates Fringes ELECTRICIAN INSIDE ELECTRICIAN $ 35.70 30+17.94 INTELLIGENT TRANSPORTATION SYSTEMS Electrician $ 35.70 3%+17.94 Technician $ 26.77 3%+17.94 ZONE PAY: Zone A: Free travel zone for all contractors performing work in Zone A. Zone B:Any work performed in Zone (B) shall add $12.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line) , Southeast along the Coachella Tunnels, Colorado River Aqueduct and Mecca Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line. ELEC1245-001 06/01/2012 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer $ 48.95 14.05 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below) , overhead & underground distribution line equipment) $ 39.09 12.97 (3) Groundman $ 29.91 12.70 (4) Powderman $ 43.71 13.15 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0018-001 01/01/2012 Rates Fringes ELEVATOR MECHANIC $ 47.73 23.535 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly 4 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/dav isbacon/CA36.dvb?v=14 rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGI0012-003 07/01/2012 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1 $ 37.40 20.00 GROUP 2 $ 38.18 20.00 GROUP 3 $ 38.47 20.00 GROUP 4 $ 39.96 20.00 GROUP 5 $ 41.06 20.00 GROUP 6 $ 40.18 20.00 GROUP 8 $ 41.39 20.00 GROUP 9 $ 40.41 20.00 GROUP 10 $ 40.41 20.00 GROUP 11 $ 40.58 20.00 GROUP 12 $ 40.58 20.00 GROUP 13 $ 40.68 20.00 GROUP 14 $ 40.71 20.00 GROUP 15 $ 40.79 20.00 GROUP 16 $ 40.91 20.00 GROUP 17 $ 41.08 20.00 GROUP 18 $ 41.18 20.00 GROUP 19 $ 41.29 20.00 GROUP 20 $ 41.41 20.00 GROUP 21 $ 41.58 20.00 GROUP 22 $ 41.68 20.00 GROUP 23 $ 41.79 20.00 GROUP 24 $ 41.91 20.00 GROUP 25 $ 42.08 20.00 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 $ 38.75 20.00 GROUP 2 $ 39.53 20.00 GROUP 3 $ 39.82 20.00 GROUP 4 $ 39.96 20.00 GROUP 5 $ 40.18 20.00 GROUP 6 $ 40.29 20.00 GROUP 7 $ 40.41 20.00 GROUP 8 $ 40.58 20.00 GROUP 9 $ 40.75 20.00 GROUP 10 $ 41.75 20.00 GROUP 11 $ 42.75 20.00 GROUP 12 $ 43.75 20.00 GROUP 13 $ 44.75 20.00 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 $ 39.25 20.00 GROUP 2 $ 40.03 20.00 GROUP 3 $ 40.32 20.00 GROUP 4 $ 40.46 20.00 GROUP 5 $ 40.68 20.00 GROUP 6 $ 40.79 20.00 GROUP 7 $ 40.91 20.00 5 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes Toed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator) ; Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes Toed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant) ; Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types) ; Skiploader (wheel type up to 3/4 yd. without attachment) ; Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer) ; Equipment greaser (rack) ; Ford Ferguson (with dragtype attachments) ; Helicopter radioman (ground) ; Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type) ; Boring machine operator; Boxman or mixerman (asphalt or concrete) ; Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable) ; Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum) ; Equipment greaser (grease truck) ; Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting) ; Screed operator (asphalt or concrete) ; Trenching machine operator (up to 6 ft. ) ; Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) . GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type) ; Concrete planer operator; Dandy digger; Deck engine operator; 6 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 Derrickman (oilfield type) ; Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum) ; Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed) , Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt) ; Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar) ; Micro tunnel system (below ground) ; Pavement breaker operator (truck mounted) ; Road oil mixing machine operator; Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck) ; Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.) ; Slip form pump operator (power driven hydraulic lifting device for concrete forms) ; Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types) ; Tugger hoist operator (1 drum) ; Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing) ; Asphalt paving machine operator (Barber Greene or similar type) ; Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd. ) , small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work) ; Compactor operator (self-propelled) ; Concrete mixer operator (paving) ; Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum) ; Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types) ; Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type) ; Rubber-tired earth-movingequipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck) ; Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit) ; Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds. ) ; Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine) ; Tractor operator (boom attachments) , Traveling 7 of 23 U/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating) ; trenching Machine with Road Miner attachment (over 6 ft depth capacity) : Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum) ; Dual drum mixer, dynamic compactor LDC350 (or similar types) ; Monorail locomotive operator (diesel, gas or electric) ; Motor patrol-blade operator (single engine) ; Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.) ; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck) , Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.) ; Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum) ; Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine) ; Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) ; Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional) ; Wheel excavator operator (over 750 cu. yds. ) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) 8 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck) ; Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with 9 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafi 1 es/davisbacon/CA36.dvb?v=14 the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes Toed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type) ; Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine operator (Vagtborg and similar types) ; Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type) ; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc) ; Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity) ; Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity) ; Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C. ) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc) ; Derrick barge operator (over 25 tons up to and including 50 tons mrc) ; Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc) ; K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc) ; Derrick barge operator (over 50 tons up to and including 100 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc) , Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C. ) ; Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc) ; Derrick barge operator (over 100 10 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 tons up to and including 200 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc) ; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc) ; Derrick barge operator (over 200 tons up to and including 300 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc) ; Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons) ; Derrick barge operator (over 300 tons) ; Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons) ; Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck) ; Slip form pump operator (power-driven hydraulic lifting device for concrete forms) ; Tugger hoist operator (1 drum) ; Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd. ) ; Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types) ; Mucking machine operator (1/4 yd., rubber-tired, rail or track type) ; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pneumatic heading shield (tunnel) ; Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum) ; Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE 11 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of TBN, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM] . Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis 12 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginniikg point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T1ON, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T1ON, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENG10012-004 08/01/2012 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman $ 45.40 20.00 (2) Dredge dozer $ 40.93 20.00 (3) Deckmate $ 40.82 20.00 (4) Winch operator (stern winch on dredge) $ 40.27 20.00 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand $ 39.73 20.00 (6) Barge Mate $ 40.34 20.00 IRON0002-004 07/01/2012 Rates Fringes Ironworkers: Fence Erector $ 26.58 16.345 Ornamental, Reinforcing and Structural $ 33.00 24.985 PREMIUM PAY: 13 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LAB00300-001 07/01/2012 Rates Fringes Brick Tender $ 27.17 17.36 LAB00300-003 07/01/2012 Rates Fringes LABORER (GUNITE) GROUP 1 $ 30.04 14.20 GROUP 2 $ 29.09 14.20 GROUP 3 $ 25.55 14.20 LABORER (TUNNEL) GROUP 1 $ 33.69 17.35 GROUP 2 $ 34.01 17.35 GROUP 3 $ 34.47 17.35 GROUP 4 $ 35.16 17.35 LABORER GROUP 1 $ 28.09 15.77 GROUP 2 $ 28.64 15.77 GROUP 3 $ 29.19 15.77 GROUP 4 $ 30.74 15.77 GROUP 5 $ 31.09 15.77 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS 14 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks) ; Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement) ; Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition) ; Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small) ; Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender) ; Septic tank digger and installer(lead) ; Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same) ; Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing) ; Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types) ; Concrete core cutter (walls, floors or ceilings) , grinder or sander; 15 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person) , water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside) ; Swamper (brake person and switch person on tunnel work) ; Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc. ) ; Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine) ; Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house) ; Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen LABO0300-005 08/05/2009 16 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 Rates Fringes LABORER PLASTER CLEAN-UP LABORER $ 26.65 15.95 PLASTER TENDER $ 29.20 15.95 LABO0882-002 01/01/2010 Rates Fringes Asbestos Removal Laborer $ 26.15 11.65 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LABO1184-001 08/01/2012 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer $ 29.01 11.68 (2) Vehicle Operator/Hauler $ 29.18 11.68 (3) Horizontal Directional Drill Operator $ 31.03 11.68 (4) Electronic Tracking Locator $ 33.03 11.68 Laborers: (STRIPING/SLURRY SEAL) GROUP 1 $ 29.96 14.38 GROUP 2 $ 31.26 14.38 GROUP 3 $ 33.27 14.38 GROUP 4 $ 35.01 14.38 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc. ) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the 17of23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment PAIN0036-001 01/01/2012 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) $ 26.05 10.35 (2) All Other Work $ 29.32 10.35 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. PAIN0036-008 10/01/2012 Rates Fringes DRYWALL FINISHER/TAPER $ 33.22 14.31 PAIN0036-015 06/01/2012 Rates Fringes GLAZIER $ 38.95 19.83 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up PAIN1247-002 05/01/2012 Rates Fringes SOFT FLOOR LAYER $ 30.85 10.54 PLAS0200-009 08/01/2011 Rates Fringes PLASTERER $ 35.29 12.05 PLAS0500-002 10/01/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER $ 29.50 18.72 18 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 PLUM0016-001 07/01/2012 Rates Fringes PLUMBER/PIPEFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work $ 41.60 19.68 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5, 000 sq. ft. of floor space $ 40.33 18.70 Work ONLY on strip malls, light commercial, tenant improvement and remodel work $ 32.49 17.03 PLUM0345-001 07/01/2012 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 27.35 17.09 Sewer & Storm Drain Work $ 31.00 16.01 * ROOF0036-002 08/01/2012 Rates Fringes ROOFER $ 34.65 11.38 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. SFCA0669-002 04/01/2012 Rates Fringes SPRINKLER FITTER $ 32.33 19.40 SHEE0105-003 07/01/2012 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395) , MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES • 19 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work $ 41.45 20.41 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A-C, heating, ventilating systems for human comfort $ 35.75 26.41 TEAM0011-002 07/01/2012 Rates Fringes TRUCK DRIVER GROUP 1 $ 27.29 21.69 GROUP 2 $ 27.44 21.69 GROUP 3 $ 27.57 21.69 GROUP 4 $ 27.76 21.69 GROUP 5 $ 27.79 21.69 GROUP 6 $ 27.82 21.69 GROUP 7 $ 28.07 21.69 GROUP 8 $ 28.32 21.69 GROUP 9 $ 28.52 21.69 GROUP 10 $ 28.82 21.69 GROUP 11 $ 29.35 21.69 GROUP 12 $ 29.75 21.69 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds. ; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person) ; Pipeline and 20 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage 21 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 22 of 23 12/17/2012 4:01 PM http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb?v=14 2.) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 23 of 23 12/17/2012 4:01 PM Rev. 09/05 �I �b AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR (Project Name: Emergency Repair of Sink holes) THIS AGREEMENT is made and effective as of the 6th day of September, 2011, by and between the CITY OF BEAUMONT ( "OWNER ") whose address is 550 E. 6th Street, Beaumont, California 92223 and Kad Paving Company dba Kad Engineering., whose address is 12173, 10th street, Yucaipa, CA 92399, telephone (909) 790 3366, fax (909) 790 3369 e -mail kadpaving@yahoo.com, Fed. Tax Id. No. 27- 0618394 ( "CONTRACTOR "). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such services as may be assigned, from time to time, by OWNER in writing for the purpose of Street Repair and Pavement Rehabilitation. B. The specific services to be performed by CONTRACTOR shall be described in one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this Agreement. C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until end January 2012 , unless extended or sooner terminated as provided for herein. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned, from time to time, in writing by the City Council of OWNER. Each such assignment shall be made in the form of a written Task Order. Each such Task Order shall include, but shall not be limited to, a description of the nature and scope of the services to be performed by CONTRACTOR, the amount of compensation to be paid, and the expected time of completion. Page 1 of 10 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform each such assignment; provided, however, that CONTRACTOR shall not subcontract any of the work to be performed without the prior written consent of OWNER. 4. Compensation. 4.01 In consideration for the services to be performed by CONTRACTOR, OWNER agrees to pay CONTRACTOR as provided for in each Task Order. 4.02 Each Task Order shall specify a total not -to- exceed sum of money and shall be based upon CONTRACTOR's schedule of regular hourly rates customarily charged by CONTRACTOR to its clients. 4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary expenses incurred by CONTRACTOR in the performance of services for OWNER. Reimbursement shall be according to a schedule of reimbursable expenses included in each Task Order. 4.04 CONTRACTOR shall not be compensated for any services rendered nor reimbursed for any expenses incurred in excess of those authorized in any Task Order unless approved in advance by the City Council of OWNER, in writing. 4.05 Unless otherwise provided for in any Task Order issued pursuant to this Agreement, CONTRACTOR agrees that payment of compensation earned shall be made in monthly installments within 30 business days after receipt of a detailed, corrected, written invoice describing in reasonable detail, to the extent applicable, the services performed, the time spent performing such services, the hourly rate charged therefor, the identity of individuals performing such services for the benefit of OWNER, and materials consumed or used. Such invoice shall also include a detailed itemization of authorized expenses incurred. 5. Obligations of Contractor. 5.01 CONTRACTOR agrees to perform all assigned services in accordance with the terms and conditions of this Agreement and those specified in each Task Order. 5.02 Except as otherwise provided for in each Task Order, CONTRACTOR will supply all personnel, materials and equipment required to perform the assigned services. 5.03 CONTRACTOR shall keep OWNER informed as to the progress of the work assigned hereunder, by means of regular and frequent consultations. From time -to -time, when requested by the OWNER, CONTRACTOR shall prepare written status reports. Page 2 of 10 5.04 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than $ 2 million per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required _/Not Required _x_; Obtain a policy of errors and omissions insurance in a minimum amount of $ per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any services for OWNER; C. Comply with all applicable local (including OWNER'S), state and federal laws, rules and regulations regarding, by way of example and not by limitation, nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law and custom. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first Task Order. Such policies shall be issued by a highly rated insurer (minimum Best's Ins. Guide rating of "ANII") licensed to do business in California, and shall provide that they shall not be cancelled or amended without 30 days' prior written notice to OWNER. Self - insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any, loss, injury or damage to property or persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 5.05 CONTRACTOR and OWNER agree that OWNER, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to OWNER. CONTRACTOR acknowledges that OWNER would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect OWNER as set forth here. Page 3 of 10 5.05.1 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless OWNER, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by owner, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and /or employees) is alleged to be an employee of OWNER. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by OWNER. 5.05.2 Without affecting the rights of OWNER under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless OWNER as set forth above for liability attributable to the sole fault of OWNER, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where OWNER is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where OWNER's fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all - inclusive and OWNER will be indemnified for all liability incurred, even though a percentage of liability is attributable to conduct of OWNER. CONTRACTOR acknowledges that its obligation pursuant to this Section extends to liability attributable to OWNER, if that liability is less than the sole fault of OWNER. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of OWNER. 5.06 In the event that OWNER requests that specific employees or agents of CONTRACTOR supervise or otherwise perform the services specified in each Task Order, CONTRACTOR shall ensure that such individual (or individuals) shall be appointed and assigned the responsibility of performing the services. 5.07 In the event CONTRACTOR is required to prepare plans, drawings, specifications and /or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. Page 4 of 10 5.08 CONTRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement, unless otherwise expressly provided for in any Task Order issued pursuant to this Agreement. In the event OWNER is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.09 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99 -603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.10 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug -free workplace. 5.11 Drug and Alcohol Testing Policy. The CONTRACTOR agrees to establish an anti -drug use and alcohol misuse program consistent with the requirements of this Section. The CONTRACTOR's anti -drug use and alcohol misuse program shall include the following: a. The adoption, and enforcement, of a policy on prohibited drug use and alcohol misuse in the workplace, including the consequences associated with prohibited drug use and alcohol misuse. The CONTRACTOR shall disseminate the policy statement to its employees; b. An education and training program in which employees and their supervisors shall receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and work environment, and on the signs and symptoms that may indicate prohibited drug use and alcohol misuse. In addition, supervisors shall receive an additional 60 minutes of training on the physical, behavioral and performance indicators of probable drug use and alcohol misuse; C. A testing program which meets the requirements of Section 3 below; and d. Procedures for referring an employee who has a verified positive drug test result or an alcohol concentration of 0.04 or greater to a substance abuse professional. Page 5 of 10 5.12 Drug and Alcohol Testing. a. Drum Testing: esting: The CONTRACTOR shall establish a program that provides testing for prohibited drugs in the following circumstances: pre- employment, post- accident, reasonable suspicion, random and return to duty /follow -up. When administering a drug test, the CONTRACTOR agrees to ensure that the following drugs are tested for: marijuana, cocaine, opiates, amphetamines, and phencyclidine. b. Alcohol Testing: The CONTRACTOR shall establish a program that provides for testing of alcohol in the following circumstances: post- accident, reasonable suspicion, random and return to duty /follow -up. The CONTRACTOR shall prohibit an employee, while having an alcohol concentration of 0.04 or greater, from performing or continuing to perform a safety - sensitive function. 5.13 Background Investigations. L CONTRACTOR acknowledges that certain of CONTRACTOR's employees perform services that have the potential for endangering the health and safety of members of the general public, and have unrestricted access to sensitive OWNER operations and facilities which, if improperly operated or maintained, could result in personal injury or death to themselves, co- workers and the public. Therefore, the CONTRACTOR hereby agrees, at its sole cost and expense, to develop and implement an employee security system and program that includes, but is not limited to, the following: a. A personal history statement; b. Reference checks; C. Photographs; d. Fingerprinting; e. Background investigation, including information from the California Department of Justice and the Department of Motor Vehicles. 6. Obligations of Owner. 6.01 OWNER shall do the following in a manner so as not to unreasonably hinder the performance of services by CONTRACTOR: a. Provide information, requirements and criteria regarding OWNER's project; b. Furnish all existing studies, reports and other available data and items pertinent to each Task Order that are in OWNER's possession; Page 6 of 10 C. Designate a person to act as a liaison between CONTRACTOR and the City Council of OWNER. 7. Additional Services, Changes and Deletions. 7.01 During the term of this Agreement, the City Council of OWNER may, from time to time, and without affecting the validity of this Agreement or any Task Order issued thereunder, order changes, deletions and additional services by the issuance of written change orders authorized and approved by the City Council of OWNER. 7.02 In the event CONTRACTOR performs additional or different services than those described in any Task Order or authorized change order without the prior written approval of the City Council of OWNER, CONTRACTOR shall not be compensated for such services. 7.03 CONTRACTOR shall promptly advise OWNER as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of services to be provided pursuant to this Agreement. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City Council of OWNER. 7.04 In the event that OWNER orders services deleted or reduced, compensation shall likewise be deleted or reduced by a fair and reasonable amount and CONTRACTOR shall only be compensated for services actually performed. In the event additional services are properly authorized, payment for the same shall be made as provided in Section 4 above. Termination of Agreement. 8.01 In the event the time specified for completion of an assigned task in a Task Order exceeds the term of this Agreement, the term of this Agreement shall be automatically extended for such additional time as is necessary to complete such Task Order, and thereupon this Agreement shall automatically terminate without further notice. 8.02 Notwithstanding any other provision of this Agreement, OWNER, at its sole option, may terminate this Agreement at any time by giving 10 days' written notice to CONTRACTOR, whether or not a Task Order has been issued to CONTRACTOR. 8.03 In the event of termination, the payment of monies due CONTRACTOR for work performed prior to the effective date of such termination shall be paid within 45 business days after receipt of an invoice as provided in this Agreement. Upon payment for such services, CONTRACTOR agrees to promptly provide and deliver to OWNER all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to OWNER. Page 7 of 10 9. Status of Contractor. 9.01 CONTRACTOR shall perform the services assigned by OWNER in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of OWNER. CONTRACTOR shall be under the control of OWNER only as to the result to be accomplished and the personnel assigned to perform services. However, CONTRACTOR shall regularly confer with OWNER's City Council as provided for in this Agreement. 9.02 CONTRACTOR hereby specifically represents and warrants to OWNER that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 10. Ownership of Documents; Audit. 10.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of services assigned to it by OWNER shall become the sole property of OWNER, and CONTRACTOR shall promptly deliver all such materials to OWNER. Al the OWNER's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions. If OWNER uses such documents for any purpose other than for which they were prepared without CONTRACTOR's prior written approval, OWNER hereby waives any claims against CONTRACTOR and will hold CONTRACTOR harmless from any claim or liability for injury or loss arising from OWNER's unauthorized use. 10.02 Subject to applicable federal and state laws, rules and regulations, OWNER shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not use for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of OWNER. 10.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as OWNER may deem necessary, CONTRACTOR shall make available to OWNER's agents for examination all of such records and shall permit OWNER's agents to audit, examine and reproduce such records. Page 8 of 10 11. Miscellaneous Provisions. 11.01 This Agreement supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 11.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 11.03 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and /or permits applicable to, or governing the services authorized hereunder. 11.04 If required by law, CONTRACTOR shall file Conflict of Interest Statements with OWNER. 11.05 Any dispute which may arise by and between the OWNER and the CONTRACTOR, including the CONTRACTOR's subcontractors, laborers, and suppliers, shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc. /Endispute, in accordance with its construction industry rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three arbitrators, unless the PARTIES agree in writing to submit the matter before a single arbitrator. The arbitrators must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. The arbitrators' decision and award are subject to judicial review for errors of fact or law in accordance with Section 1296 of the Code of Civil Procedure, by a Superior Court of competent venue and jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the contrary, prior to the appointment of the arbitrators, all disputes shall first be submitted to non - binding mediation, conducted by either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with their respective rules and procedures for such mediation. In any arbitration or litigation arising out of this Agreement, or the performance of any obligation under this Agreement, the arbitrators or the court in such arbitration or litigation shall award costs and expenses of arbitration or litigation, including mediation and arbitration fees and expenses, expert witness fees and attorneys' fees, to the prevailing PARTY. Page 9 of 10 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement as of the day and year first above - written. OWNER: CITY OF BEAUMONT By _ , b'�' &_� q Mayor, City Co CONTRACTOR: Kad Paving Company. By co. D Wil � � Print Name F� tv S A 1 e ' � TL Title 1'' re j cA e n Page 10 of 10 CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Emergency Repair of Sink holes) TASK ORDER NO.: One CONTRACTOR: Name: Kad Paving Company dba Kad Engineering Address: 12173 10th Street, Yucaipa, CA 92399 Telephone: (909) 790 3366 Fax: (909) 790 3369 E -mail: kadpaving @yahoo.com Fed. Tax Id.: 27- 0618394 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and Kad Paving Company ( "CONTRACTOR ") dated September 6, 2011 (the "AGREEMENT "). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following task (choose and check one): See Exhibit "A ", attached hereto Description of Task: _Emergency repair of sink holes at various locations as per attached 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before November 30, 2011. 3. Liaison of OWNER. Mr. /Ms. Rob Owen, Construction Manager shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: (Check if this Paragraph 4 Not Applicable: ) Donald Wheeler Jr Page 1 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _xx--) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not -to- exceed lump sum of $ 257,411.33 payable as follows: 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) shall/ _xx_shall not /be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order (choose and check one): Not applicable x See Exhibit "A ", attached hereto; or below. Description: IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated CITY OF BEAUMONT Dated: By Dated: CONTRACTOR: Kad Paving C I ipany By_ - -' rJ 5:�A.I UU <,e i. ,e 'f2 Print Name r c' > Title Page 2 of 2 STAFF REPORT Agenda Item TO: Mayor and Council Members FROM: City Manager DATE: September 6`h, 2011 SUBJECT: Pavement Management and Street Repair- Emergency Repair of sink holes at various locations Background and Analysis: The Capital Improvement Plan for Fiscal Year 2011 -2012 identified several neighborhoods and streets which will be repaired and rehabilitated this year. There are various street locations that require sinkholes to be repaired. The attached spreadsheet provides the location details. Some sinkholes could be result in future road comprise and others are over utility trenches including sewer trenches that could be severely compromised. Proposals were requested from three qualified contractors to repair the sink holes at various locations. Three proposals were received which are attached and summarized below: Kad Paving Company - $257,411.33 Ron Moody Construction- $305,971.35 J Harris Construction $384,591.80 Fiscal Impact: The proposed project will not impact the General Fund. This project will be funded by Transportation Funds. Recommendation: Staff recommends AWARD of an Agreement and Task Order with Kad Paving Company, APPROVAL of the Project Progress Report, AUTHORIZATION of the Mayor to execute the Agreement, Task Order and Project Progress Report subject to the authority of the City Attorney to make non- substantive changes. CITY City Manager Item number Location Remarks 1. 6th and Penn Sewer sink hole/ sinking curb 2. 935 Union Sewer sink hole 3. 6th st west of American Sewer main trench sink 4. Vallecito & Eureka R &R cross gutter/ sewer sink hole 5. 1380, 8th street Standing water 6. Cameron st 1226,1240,1246 Sink holes over sewer laterals 7. 1350 Maple Sink holes/ cross gutter & spandrel/ sink holes over sewer laterals 8. Olive Sewer laterals and main line sinking 9. Allegheny Ave Sewer main line sinking 10. OVP Cherry to Michigan Sidewalk improvement 11. OVP @ Stater Brothers Pot holes 12. Euclid 750,729,666,665,826,1140 Sidewalk improvement 13. Beaumont Ave & Lorraine Dr Standing water in spandrel & cross gutter CITY OF BEAUMONT PROJECT PROGRESS REPORT Transportation Funds Project Name: Emergency repair of sink holes at various Source of locations Funds: Contract September 6, 2011 Contractors: Kad Paving Date: Const. Budget: $257,411.33 A &E Budget: As per Qualified Contractors Project Start Date: August 201 I Report Period: September 2011 Work Completed During Report Period: Request for proposals were sent and proposals were evaluated . Problems or Delays During Report Period: *No delays Change Orders: • No Change Orders Recommendation(s) for City Council Action: Approve and execute Agreement and Task Order No. 1 Approved and M &r Signature Date of City Council Approval KAD PAVING COMPANY / B 4 / ENGINEERING 12173 10TH STREET YUCAIPA, CA 92399 Phone: (909) 790 -3366 Cell #: (909)721 -1020 GE =N. CONT'RACiORS ' A' LIC # 337845 & C -_! 2 Fax: (909) 790 -3369 COOT RACTIPROPOSAL - ti "OJR TO BE PLRFOR :fEn, .3 i PROPI�S. -IL SL�B.irr2 T_ED !O cEAG ERS -N1rt T_ CE:r PHONE: 951- 229 -6557 FAX: ATT: ROB OWEN Date: 07/07/2011 KAD Paving Company wiii provide all materials. perform al' labor and supply av eculpment fo the completion of the project(s) specified below. KAD Paving Company guarantees the usage of ak materals spectf*cl wiTr.ir the contents of this contract/proposal. 'ncu?s•� - .�N,.��c _,.rr: b>:s 5c�rtarr 1. t8P � .8 Tera' Pri_. -0. sift- ldww,ltabM mNi/ its, pet P^eerifiec 9eltl ^Na3u•eneres I 5Z57411.33 Pt>_ rti lrcWb tit! fill aW rompw1JM Tee alt',. Piet ­11i, wilt to pakl TiM, Mw'W ie ­"k _Nisi. 'Mn a C lichee per City Sim, dO r * Ci6 EXCLUSIONS: BONDS.FEES.TRAFFIC CONTROL. ASSESSMENTS.PERMI? S" SURVEY.E \GI`lJ::Rt\G.H.47.ARDOL c MATERIAL HANDLING OF ANY KIN D,REMOVE,REPLACE:'RELOCA IT. IN ERl- RING U1ILIES. A'ATER SOURCE Acceptance of Proposal The above work to be performed in accordance with drawings and the specifications submitted for The above work and complete in a workmanlike manner for the sum of: :'R _ - -` `'E _1, "• -` -' -' �_ With payments to be made as follows: Upon Completion knv alfnratinn ev rleviatirin from the specifications provided herein, will be executed orly upon written orders. and will become an additional charge over and Above the estimate(S) provided In this document. Buyer agrees to pay all court Costs and reasonable attorney's fees in the event of owalutt or it this Contract is suom new w di i dt1v1. . enforcement purposes owner renders Contactor harmless and agrees to relieve Contractor of all liability for any unsatisfactory Results in the event that the Owner shall require Contractor to lay asphalt on sun -grade which ii the opirion or ;he Contractor in unsatisfactory. Contractor is not responsible for damage to underground utilities or lines unless such utilities or lines nave been property staked in advance of operaGOns. Damage caused by others to seat-coat, striping and surrounding area after Rack -fill seal-coat has been applied is the sole responsibility of Owner and owner accepts full liability for such damage. Conuadtdr is not responsible for pack -fill, compaction of bacK -fill installed oy others, reflective cracking on surface areas. and pre - existing engineering in respect to drainage Owner accepts full liability for the aforementioned All engi eer ^g test rig Inspection and permit fees have been excluded from the contents of this contract and shali be deemed as col!aterai. to „cn'ents _ *it's Contract This proposal snag! expire :n 80 days Pay -art is clue at completion c. Work. Inte'es *, accrue g 10% plus costs dairy after 30 days— Material costs a e only valid fcr 3,1 says torn Bate of this proposal: Upon acceptance of bid, please Complete the following information (per section 3097 Caliom,a Civil Code Procedure', Sign and return one copy Owner, Address: Construction lender: Address: Address: Signature: Submitted By: Donnie it heeler r C B_%: Donnie Wheeler Jr- I 129- Aug -11 j Uri irai CopV ]erC 9na hOb /sb:k a curb : '. 1 CnOed a lien artl Pex. Dip h— M bie lane :a0 o i eG 555 oD S loo.T 5350 w tC ! :65 018.p0 2T79! 935llmon slak hPM er sink hoks;'drr+e luza�u ! ?S S' i <_55. U7 SL4J OC 5350M if 5165 �.a: $20.37p.F - aaed,r ech St wit d Amer1_n carer men [rtncT snY 'a00 st SS5. 00 100 i X 53X00 ` Sir, 00 I ­,"'.0c aLS imaca outtc/ �- I a caeadm 'VaWetei fu,epSPUSr nPrk leolc 65C SI 92 SSS.�If ':_A.SU 53S0.pp' li $1ESA0 i 850 59.75 20 532 ('A $15,837,50 s I 27 :92 Lim0A51 iStantlMtB 'water 2tJ S! 7G voG <ltf'j.pp ! S3`A.W 1E500 19.75 { 20D 532.00 f—I ; Sink hi. l,rsosa Butter �'. I 1 i pandtak 5 ' caHeE t. 1350 i40ie firer +a[era#s sNkNg Pot odes. Slip S' J $55 3C : A1.00 i55(t OC i ;53D1: 565 3 ;1 ! 519.iU8 -S0 6memn ST 3226 i ' :illetl m. ,12aQ12ab cOCd is 515'x. i_a0.J0 53S 'X 15 5365. $11,350.00 Idfse #rvai une+n8 t"+d V,p'nanrds 16:o5f 5C i55 SiJG 535: 38.'sEi S3S'_ :E3.S 59. *5 l Sd 58.00 1, 532,a $16,131.11 I 15ewer nNN 1ne Yniclrc I � . 3 27533 A6e61td,7Awr 4005 '5 £55.00 1 5300.10 350.00! 20 _SISEp[— 1 I t3S.775.00 :� oEEd �n OVP therrrm Mk.W 'LfRwS wae.tai, Ift nazarb 3TOCL9 a0 555.(10 S'3C ]0 5350 �J Si650c i � II iSZS So lio, S26,760,0C - :3 :: 26]15 I OV►S$titor brown fn!nch ralbtlpothde 7000it - 85 55.0[__L___]G�.Y 53iG OC 5a $Ii5.0c TJ' S2L2a0.00 Eue!id 750.729,666 Trq haprdy" !- 12 273% ,iKd24, Slap sevnii raiebtpbtnas'. )i0(1sr, 6E 555:1+ f <_3a0S _35": JO 5165 CC 1100 5S 0G $29,305.00 j '.� 13 !� o6ed in Ilsrain Gr iiuw 6VRer 500s�J 60 $55.0p siocx Ili 5350. z SS6s6G 138 I 263 I S&x s0 532 G1 $18,211S.50 _ Pri_. -0. sift- ldww,ltabM mNi/ its, pet P^eerifiec 9eltl ^Na3u•eneres I 5Z57411.33 Pt>_ rti lrcWb tit! fill aW rompw1JM Tee alt',. Piet ­11i, wilt to pakl TiM, Mw'W ie ­"k _Nisi. 'Mn a C lichee per City Sim, dO r * Ci6 EXCLUSIONS: BONDS.FEES.TRAFFIC CONTROL. ASSESSMENTS.PERMI? S" SURVEY.E \GI`lJ::Rt\G.H.47.ARDOL c MATERIAL HANDLING OF ANY KIN D,REMOVE,REPLACE:'RELOCA IT. IN ERl- RING U1ILIES. A'ATER SOURCE Acceptance of Proposal The above work to be performed in accordance with drawings and the specifications submitted for The above work and complete in a workmanlike manner for the sum of: :'R _ - -` `'E _1, "• -` -' -' �_ With payments to be made as follows: Upon Completion knv alfnratinn ev rleviatirin from the specifications provided herein, will be executed orly upon written orders. and will become an additional charge over and Above the estimate(S) provided In this document. Buyer agrees to pay all court Costs and reasonable attorney's fees in the event of owalutt or it this Contract is suom new w di i dt1v1. . enforcement purposes owner renders Contactor harmless and agrees to relieve Contractor of all liability for any unsatisfactory Results in the event that the Owner shall require Contractor to lay asphalt on sun -grade which ii the opirion or ;he Contractor in unsatisfactory. Contractor is not responsible for damage to underground utilities or lines unless such utilities or lines nave been property staked in advance of operaGOns. Damage caused by others to seat-coat, striping and surrounding area after Rack -fill seal-coat has been applied is the sole responsibility of Owner and owner accepts full liability for such damage. Conuadtdr is not responsible for pack -fill, compaction of bacK -fill installed oy others, reflective cracking on surface areas. and pre - existing engineering in respect to drainage Owner accepts full liability for the aforementioned All engi eer ^g test rig Inspection and permit fees have been excluded from the contents of this contract and shali be deemed as col!aterai. to „cn'ents _ *it's Contract This proposal snag! expire :n 80 days Pay -art is clue at completion c. Work. Inte'es *, accrue g 10% plus costs dairy after 30 days— Material costs a e only valid fcr 3,1 says torn Bate of this proposal: Upon acceptance of bid, please Complete the following information (per section 3097 Caliom,a Civil Code Procedure', Sign and return one copy Owner, Address: Construction lender: Address: Address: Signature: Submitted By: Donnie it heeler r C B_%: Donnie Wheeler Jr- I 129- Aug -11 j Uri irai CopV Ron Moody Const 7/7/2011 Emergancy Sewer Sink Holes Repair Remove unsuitable Spandrel Curb& Request unsuitable Material price Slurrybackfill TrafRccontrol ACPavingper Spandrel X -Gutter R &R Gutter per Partner# material CY Per CY price Per CY LS Tons AC ton SF Per SF sidewalk SF$ LF of C/G LF Total 1 Called In 6th and Penn sewer sink holes /sinking curb / trip hazard/ In bike lane 140 sf 60 $55.00 $120.00 $800.00 40 $220.00 24 $65.00 $21,660.00 2 27291 935 Union sink hole sewer sink holes/ drive hazard 700 sf 110 $55.00 $120.00 $620.00 19 $220.00 $23,830.00 3 called in 6th St west of American sewer main trench sink 200 sf 72 $55.00 $120.00 $300.00 5 $220.00 $14,000.00 4 called In Vallecito & Eureka R &R cross gutter/ Sewer sink holes 850 SF 92 $55.00 $120.00 $250.00 12 $220.00 850 $12.50 20 $65.00 $30,915.00 5 27192 1380 8th St Standing water 210 sf 70 $55.00 $120.00 $200.00 15 $220.00 120 $12.50 200 $65.00 $30,250.00 6 1 called in 1350 Maple Sink holes Cross gutter & spandral/ sewer laterails sinking pot holes 560 SF 65 1 $55.00 $120.00 1 $200.00 21 $220.00 566 1 $12.50 1 1 $23,270.00 7 1 called In lCameron ST 1226,1240,1246 Sink holes over sewer laterals 400 sf 55 1 $55.00 $120.00 $350.00 15 $220.00 $13,275.00 8 1 called in Olive Sewer laterals and main line sinking/ side walk sinking and trip hazards 16205F 50 $55 $120.00 $650 38.98 $220.00 283.5 $12.50 54 $8.00 12 $65.00 $22,731.35 9 1 27533 JAIlegheny Ave Sewer main line sinking Large vode and pothole 400 SF 75 $55.00 $120.00 $350.00 20 $220.00 $17,875.00 101 called In 1OVP Cherry to Michigan Lifting sidewalks trlp hazard 1700$F 40 $55.00 1 $120.00 $350.00 $220.00 $12.50 2525 $8.00 $27,550.00 11 26715 1 OVP dill Stator Brothers ITrench Failor /potholes 2000SF 88 $55.00 $120.00 $350.00 50 $220.00 $26,750.00 12 27398 lEucild 750,729,666,665,826, 1140 ITrip hazards/ several request partners 2100sf 68 $55.00 $120.00 $350.00 11 $220.00 2100 $8,00 $31,470.00 13 Beaumont Ave & Laraine Dr Standing water In Spandrel & cross gutter 500sf 60 $55.00 $120.00 $350.00 12 $220.00 338 $12.50 260 $8.00 40 $65.00 $22,595.00 Price to Include mobilization, disposal of unsuitable materials, pay on verified field measurements price must Include back fill and compaction, Tee cut's, Pipe materials will be paid T &M, Include traffic control, Spandrels & Cross gutter per City STD, sidewalks,C &G 1 W5,971,351 JEREMY HARRIS CONSTRUCTION 12189 7th Street, Suite #14 Yucaipa, CA 92399 9091234 -8264 Office 9511789 -0089 Fax TO: ROB OWEN CITY OF BEAUMONT Proposal Project: EMERGENCY POTHOLE REPAIR Remove unsuitable Spandrel %- Curb & unsuitable Material Slurry back fill AC Paving per Spandrel Gutter Per R &R Gutter per -.-1 r n,4. m, ry -- on, ry Trvfn, 11-1 I c Toos Ar t- SF IF sidewalk SF S LF of [/G LF Tntal 1 Called In 6th and Penn sewer sink holes/sinking curb /trip hazard/ I n bike lane 140 sf 60 $95,00 135.00 $520.00 40 $210.00 24 $40.00 $231680.00 2 27291 935 Union sink hole sewer sink holes/ drive hazard 700 sf 110 $95.00 135,00 $520.00 18 $210.00 $29,600.00 3 called In 6th St west of American sewer main trench sink 200 sf 72 $95,00 135.00 $520.00 5 $210.00 $18,130.00 4 called In Vallecito & Eureka R &R cross gutter/ Sewer sink holes 850 SF 92 $95.00 13540 $520.00 12 $210.00 850 $16.00 20 $40.00 $38,800.00 5 27192 1380 8th St Standing water 210 sf 70 $95.00 135.00 $520.00 15 $210.00 120 $16.00 200 $40.00 $29,69040 6 called In 1350 Maple Sink hobs / Cross gutter & spandral/ sewer lateralls sinking pot holes 560 SF 65 $95.00 135.00 $520.00 21 $210.00 S66 $16.00 $2 1L936.00 7 called In Cameron ST 1226,1240,1246 Sink hobs over sewer laterals 400 sf Ss $95.00 135.00 $520.00 15 $210.00 $16,820.00 a called In Olive Sewer laterals and main line sinking/ side walk sinking and trip hazards 1620SF 50 $95.00 135.00 $520.00 38.98 $210.00 283.5 $16.00 54 $14.00 12 $40.00 $29,977.$0 9 27533 Allegheny Ave Sewer main line sinking / Large vode and pothole 400 SF 75 $95.00 1 135.00 $520.00 20 1 $210.00 1 1 $21,970.00 10 called In OVP Cherry to Michigan Lifting sidewalks trip hazard 1700SF 40 $95.00 135.00 $520.00 $210.00 $16.00 2525 $14.00 $45,070.00 11 26715 OVP m Stator Brothers Trench Fallor /potholes 2000SF as $95.00 135,00 $520.00 s0 $210.00 $32.280.00 12 27398 Euclid 750,729,666,665,826, 1140 Trip hazards/ several request partners 2100sf 68 $95.00 135.00 $520.00 11 $230.DO 2100 $14.00 $47,170.00 13 Beaumont Ave & Laraine Dr Standing water In Spandrel & cross gutter 5003f 60 $95,00 135.00 $520.00 12 $210.00 338 $16.00 260 $14.00 40 $40.00 $27,488.00 Excludes: Engineering, testing, permits, inspection fees, SWPPP, Dig -Alert, utilities, survey, traffic control, concrete, ac, water, dump fees, and slurry back fill. L=== l Rev. 09/05 AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR (Project Name:Repair of Sink holes on Western Knoles) THIS AGREEMENT is made and effective as of the 7th day of June, 2011, by and between the CITY OF BEAUMONT ( "OWNER ") whose address is 550 E. 6th Street, Beaumont, California 92223 and Kad Paving Company dba Kad Engineering., whose address is 12173, 10th street, Yucaipa, CA 92399, telephone (909) 790 3366, fax (909) 790 3369 e -mail kadpaving @yahoo.com, Fed. Tax Id. No. 27- 0618394 ( "CONTRACTOR "). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such services as may be assigned, from time to time, by OWNER in writing for the purpose of Street Repair. B. The specific services to be performed by CONTRACTOR shall be described in one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this Agreement. C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term of Agseement. This Agreement is effective as of the date first above written and shall continue until end July 2011 , unless extended or sooner terminated as provided for herein. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned, from time to time, in writing by the City Council of OWNER. Each such assignment shall be made in the form of a written Task Order. Each such Task Order shall include, but shall not be limited to, a description of the nature and scope of the services to be performed by CONTRACTOR, the amount of compensation to be paid, and the expected time of completion. Page 1 of 10 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform each such assignment; provided, however, that CONTRACTOR shall not subcontract any of the work to be performed without the prior written consent of OWNER. 4. Compensation. 4.01 In consideration for the services to be performed by CONTRACTOR, OWNER agrees to pay CONTRACTOR as provided for in each Task Order. 4.02 Each Task Order shall specify a total not -to- exceed sum of money and shall be based upon CONTRACTOR's schedule of regular hourly rates customarily charged by CONTRACTOR to its clients. 4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary expenses incurred by CONTRACTOR in the performance of services for OWNER. Reimbursement shall be according to a schedule of reimbursable expenses included in each Task Order. 4.04 CONTRACTOR shall not be compensated for any services rendered nor reimbursed for any expenses incurred in excess of those authorized in any Task Order unless approved in advance by the City Council of OWNER, in writing. 4.05 Unless otherwise provided for in any Task Order issued pursuant to this Agreement, CONTRACTOR agrees that payment of compensation earned shall be made in monthly installments within 30 business days after receipt of a detailed, corrected, written invoice describing in reasonable detail, to the extent applicable, the services performed, the time spent performing such services, the hourly rate charged therefor, the identity of individuals performing such services for the benefit of OWNER, and materials consumed or used. Such invoice shall also include a detailed itemization of authorized expenses incurred. 5. Obligations of Contractor. 5.01 CONTRACTOR agrees to perform all assigned services in accordance with the terms and conditions of this Agreement and those specified in each Task Order. 5.02 Except as otherwise provided for in each Task Order, CONTRACTOR will supply all personnel, materials and equipment required to perform the assigned services. 5.03 CONTRACTOR shall keep OWNER informed as to the progress of the work assigned hereunder, by means of regular and frequent consultations. From time -to -time, when requested by the OWNER, CONTRACTOR shall prepare written status reports. Page 2 of 10 5.04 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than $ 2 million per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required /Not Required —x–; Obtain a policy of errors and omissions insurance in a minimum amount of $ per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any services for OWNER; C. Comply with all applicable local (including OWNER's), state and federal laws, rules and regulations regarding, by way of example and not by limitation, nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law and custom. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first Task Order. Such policies shall be issued by a highly rated insurer (minimum Best's Ins. Guide rating of "A:VII ") licensed to do business in California, and shall provide that they shall not be cancelled or amended without 30 days' prior written notice to OWNER. Self - insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any, loss, injury or damage to property or persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 5.05 CONTRACTOR and OWNER agree that OWNER, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to OWNER. CONTRACTOR acknowledges that OWNER would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect OWNER as set forth here. Page 3 of 10 5.05.1 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless OWNER, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by owner, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of OWNER. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by OWNER. 5.05.2 Without affecting the rights of OWNER under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless OWNER as set forth above for liability attributable to the sole fault of OWNER, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where OWNER is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where OWNER's fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all - inclusive and OWNER will be indemnified for all liability incurred, even though a percentage of liability is attributable to conduct of OWNER. CONTRACTOR acknowledges that its obligation pursuant to this Section extends to liability attributable to OWNER, if that liability is less than the sole fault of OWNER. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of OWNER. 5.06 In the event that OWNER requests that specific employees or agents of CONTRACTOR supervise or otherwise perform the services specified in each Task Order, CONTRACTOR shall ensure that such individual (or individuals) shall be appointed and assigned the responsibility of performing the services. 5.07 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. Page 4 of 10 5.08 CONTRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement, unless otherwise expressly provided for in any Task Order issued pursuant to this Agreement. In the event OWNER is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.09 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99 -603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.10 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug -free workplace. 5.11 Drug and Alcohol Testing Policy. The CONTRACTOR agrees to establish an anti -drug use and alcohol misuse program consistent with the requirements of this Section. The CONTRACTOR's anti -drug use and alcohol misuse program shall include the following: a. The adoption, and enforcement, of a policy on prohibited drug use and alcohol misuse in the workplace, including the consequences associated with prohibited drug use and alcohol misuse. The CONTRACTOR shall disseminate the policy statement to its employees; b. An education and training program in which employees and their supervisors shall receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and work environment, and on the signs and symptoms that may indicate prohibited drug use and alcohol misuse. In addition, supervisors shall receive an additional 60 minutes of training on the physical, behavioral and performance indicators of probable drug use and alcohol misuse; C. A testing program which meets the requirements of Section 3 below; and d. Procedures for referring an employee who has a verified positive drug test result or an alcohol concentration of 0.04 or greater to a substance abuse professional. Page 5 of 10 5.12 Drug and Alcohol Testing. a. Drug Testing: esting_ The CONTRACTOR shall establish a program that provides testing for prohibited drugs in the following circumstances: pre- employment, post- accident, reasonable suspicion, random and return to duty /follow -up. When administering a drug test, the CONTRACTOR agrees to ensure that the following drugs are tested for: marijuana, cocaine, opiates, amphetamines, and phencyclidine. b. Alcohol Testing: The CONTRACTOR shall establish a program that provides for testing of alcohol in the following circumstances: post- accident, reasonable suspicion, random and return to duty /follow -up. The CONTRACTOR shall prohibit an employee, while having an alcohol concentration of 0.04 or greater, from performing or continuing to perform a safety - sensitive function. 5.13 Background Investigations. CONTRACTOR acknowledges that certain of CONTRACTOR's employees perform services that have the potential for endangering the health and safety of members of the general public, and have unrestricted access to sensitive OWNER operations and facilities which, if improperly operated or maintained, could result in personal injury or death to themselves, co- workers and the public. Therefore, the CONTRACTOR hereby agrees, at its sole cost and expense, to develop and implement an employee security system and program that includes, but is not limited to, the following: a. A personal history statement; b. Reference checks; C. Photographs; d. Fingerprinting; e. Background investigation, including information from the California Department of Justice and the Department of Motor Vehicles. 6. Obligations of Owner. 6.01 OWNER shall do the following in a manner so as not to unreasonably hinder the performance of services by CONTRACTOR: a. Provide information, requirements and criteria regarding OWNER's project; b. Furnish all existing studies, reports and other available data and items pertinent to each Task Order that are in OWNER's possession; Page 6 of 10 C. Designate a person to act as a liaison between CONTRACTOR and the City Council of OWNER. 7. Additional Services, Changes and Deletions. 7.01 During the term of this Agreement, the City Council of OWNER may, from time to time, and without affecting the validity of this Agreement or any Task Order issued thereunder, order changes, deletions and additional services by the issuance of written change orders authorized and approved by the City Council of OWNER. 7.02 In the event CONTRACTOR performs additional or different services than those described in any Task Order or authorized change order without the prior written approval of the City Council of OWNER, CONTRACTOR shall not be compensated for such services. 7.03 CONTRACTOR shall promptly advise OWNER as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of services to be provided pursuant to this Agreement. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City Council of OWNER. 7.04 In the event that OWNER orders services deleted or reduced, compensation shall likewise be deleted or reduced by a fair and reasonable amount and CONTRACTOR shall only be compensated for services actually performed. In the event additional services are properly authorized, payment for the same shall be made as provided in Section 4 above. 8. Termination of Agreement. 8.01 In the event the time specified for completion of an assigned task in a Task Order exceeds the term of this Agreement, the term of this Agreement shall be automatically extended for such additional time as is necessary to complete such Task Order, and thereupon this Agreement shall automatically terminate without further notice. 8.02 Notwithstanding any other provision of this Agreement, OWNER, at its sole option, may terminate this Agreement at any time by giving 10 days' written notice to CONTRACTOR, whether or not a Task Order has been issued to CONTRACTOR. 8.03 In the event of termination, the payment of monies due CONTRACTOR for work performed prior to the effective date of such termination shall be paid within 45 business days after receipt of an invoice as provided in this Agreement. Upon payment for such services, CONTRACTOR agrees to promptly provide and deliver to OWNER all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to OWNER. Page 7 of 10 9. Status of Contractor. 9.01 CONTRACTOR shall perform the services assigned by OWNER in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of OWNER. CONTRACTOR shall be under the control of OWNER only as to the result to be accomplished and the personnel assigned to perform services. However, CONTRACTOR shall regularly confer with OWNER's City Council as provided for in this Agreement. 9.02 CONTRACTOR hereby specifically represents and warrants to OWNER that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 10. Ownership of Documents; Audit. 10.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of services assigned to it by OWNER shall become the sole property of OWNER, and CONTRACTOR shall promptly deliver all such materials to OWNER. At the OWNER's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions. If OWNER uses such documents for any purpose other than for which they were prepared without CONTRACTOR's prior written approval, OWNER hereby waives any claims against CONTRACTOR and will hold CONTRACTOR harmless from any claim or liability for injury or loss arising from OWNER's unauthorized use. 10.02 Subject to applicable federal and state laws, rules and regulations, OWNER shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not use for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of OWNER. 10.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as OWNER may deem necessary, CONTRACTOR shall make available to OWNER's agents for examination all of such records and shall permit OWNER's agents to audit, examine and reproduce such records. Page 8 of 10 11. Miscellaneous Provisions. 11.01 This Agreement supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 11.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 11.03 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the services authorized hereunder. 11.04 If required by law, CONTRACTOR shall file Conflict of Interest Statements with OWNER. 11.05 Any dispute which may arise by and between the OWNER and the CONTRACTOR, including the CONTRACTOR's subcontractors, laborers, and suppliers, shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with its construction industry rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three arbitrators, unless the PARTIES agree in writing to submit the matter before a single arbitrator. The arbitrators must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. The arbitrators' decision and award are subject to judicial review for errors of fact or law in accordance with Section 1296 of the Code of Civil Procedure, by a Superior Court of competent venue and jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the contrary, prior to the appointment of the arbitrators, all disputes shall first be submitted to non - binding mediation, conducted by either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with their respective rules and procedures for such mediation. In any arbitration or litigation arising out of this Agreement, or the performance of any obligation under this Agreement, the arbitrators or the court in such arbitration or litigation shall award costs and expenses of arbitration or litigation, including mediation and arbitration fees and expenses, expert witness fees and attorneys' fees, to the prevailing PARTY. Page 9 of 10 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement as of the day and year first above - written. OWNER: CITY OF BEAUMONT By :&� C &_ I - I I Mayor, City Co it CONTRACTOR: Kad Paving Company. By J�:l Print Name- Title? C GS 1 Page 10 of 10 CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Repair of Sink holes on Western Knoles) TASK ORDER NO.: One CONTRACTOR: Name: Address: Telephone: Fax: E -mail: Fed. Tax Id.: Kad Paving Company dba Kad Engineering 12173 10'' Street, Yucaipa, CA 92399 (909) 790 3366 (909) 790 3369 kadpaving @yahoo.com 27- 0618394 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and Kad Paving Company ( "CONTRACTOR ") dated June 7, 2011 (the "AGREEMENT "). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following task (choose and check one): See Exhibit "A ", attached hereto Description of Task: _Sink hole repair on Oak Valley Parkway 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before July 31, 2011. 3. Liaison of OWNER. Mr./Ms. Rob Owen, Construction Manager shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: (Check if this Paragraph 4 Not Applicable: ) Donald Wheeler Jr Page 1 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _xx__) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not -to- exceed lump sum of $59,220.00 payable as follows: 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) _ shall / xx shall not /be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order (choose and check one): x_ Not applicable See Exhibit "A ", attached hereto; or Description: IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated below. Dated: b --7—// Dated: CITY OF BEAMONT By f CONTRACTOR: Kad Paving Company By 2o, --p-0'e'2 Uj a Print Name I esI JQ Title Page 2 of 2 KAD PAVING COMPANY DBA KAD ENGINEERING 1217310TH STREET Phone: (909) 790 -3366 YUCAIPA, CA 92399 Cell M. (909)721 -1020 GEN. CONTRACTORS" A" LIC # 937845 & C -I2 Fax (90917W3369 CONTRACTlPROPOSAL PROPOS. IL SUBMITTED To. IVOR/i TO BE PERFOR.1 1FE0.1 Tr ROB XNFSTERN KNOLLS CITY OF 11F.1i "MONT PHONE: EMAIL: ulerob@yaboo.com ATT. ROB Date :02/1/2011 KAD Paving Company will provide all materials. perform all labor, and supply all equipment for the completion of the projed(s) specified below. KAD Paving Company guarantees the usage of all materials specified within the contents of this contrad/proposat. - PULVERIZE ENTIRE STREET SECTION TO DEPTH OF 6" - RE GRADE AND COMPACT TO 95% OR BETTER - PAVE 3" OF NEW ASPHALT (1)LIFT - ROLL FOR SMOOTH FINISH - DIGOUT WET AREAS ON SIDE OF ROAD INSTALL BASE AND COMPACT - RE- GRADE EDGE OF ROAD TO FLOW WATER TO DRAIN ` 35 f OTAL.,. ...... ........15. 220. EXCLUSIONS: BONDS,FEES,TRAFFIC CONTROL, ASSESSMENTS, PERMITS ,SURVEY,ENGINEERING,HAZARDOUS" MATERIAL HANDLING OF ANY KiND,REMOVEIREPLACE /RELOCATE INTERFERING UTILIES, WATER SOURCE. Acceptance of Proposal The above work to be performed in accordance with drawings and the specifications submitted for i } The above work and complete in a workmanlike manner for the sum of: FIFTY NINE THOUSAND TWO HUNDRED TWENTY DOLLARS AND NO CENTS With payments to be made as follows: Upon Completion Any alteration or deviation from the specifications provided herein, will be executed only upon written ohem, and will become an additional charge over and Above the estimate(s) provided in this document. Buyer agrees to pay all court costs and reasonable attorneys fees in the event of default or I this Contract submitted to an attorney for enforcement purposes. Owner renders Contractor harmless and agrees to relieve Contractor of all liability for any unsatisfactory Results in the event that the Owner shag require Contractor to lay asphalt on sub- grade. which in the opinion of the Contractor, in unsat r. Corrtrador is not responsible for damage to underground utilities or lures unless such utilities or lines have been property staked in advance of operations. Damage caus by others to seal- coat, striping and surrounding area after balk fill seal -coat has been applied is Hre sole responsibility of Owner and Owner accepts fug bab* for such damage. Contractor is not responsible for back -fig, compaction of back -fill Installed by others, reflective cracking or surface areas, and pre-existing engineerig in respect to drainage. Owner accepts fug liability for the aforementioned_ Ali engineering, testing, inspection, and permit fees haw been exclude from the contents of this contract and shag be deemed as collateral to contents of this Contract This proposal shag expire in 60 days.. Payment is due at completion of work. Ingest will accrue @ 10% plus costs daily after 30 days"""'.IMaierial costs are only valid for 30 days from date of this proposal . Upon acceptance of bid, please complete the fogowwV information (per section 3097 California Civil Code Procedure). Sign and Owner: Address: Construction Lender. Address. General Contractor. Address: Signature: Submitted By: Om s„ t� °.ces At". By: Donnie Whee J . 25- Apr -I1 STAFF REPORT Agenda Item ? � V11 TO: Mayor and Council Members FROM: City Manager DATE: June 7, 2011 SUBJECT: Award of Agreement for Street Repair of Western Knolls Avenue Background and Analysis: In December, 2010, heavy storms caused "sink hole" damage to portions of Western Knolls Avenue. Staff has been working with FEMA to reimburse the cost of the street repairs. In order to be qualified for reimbursement by FEMA, the street repair work must be completed. In accordance with FEMA requirements, proposals were obtained from qualified contractors to repair the sink holes. The contractor quotes are summarized below: KAD Paving: $59,220.00 Advantage Asphalt: $63,224.00 Jeremy Harris Construction: $65,400.00 Fiscal Impact: There is no impact on the General Fund as the proposed project will be funded from Transportation Funds to be reimbursed through the FEMA process. Recommendation: Staff recommends AWARD of the Agreement and Task Order with KAD Paving, APPROVAL of the Project Progress Report, and AUTHORIZATION of the Mayor to execute the Agreement and Project Progress Report subject to the authority of the City Attorney to make non - substantive changes. Z /�i /'Alan C. Ka City Manager CITY OF BEAUMONT PROJECT PROGRESS REPORT Transportation Funds to be Reimbursed Project Name: Repair of sink holes on Western Knolls Source of through FEMA Avenue Funds: Contract June 7, 2011 Contractors: KAD Paving Date: Const. Budget: $59,220.00 A &E Budget: As per Qualified Contractors Project Start Date: February 2011 Report Period: June 2011 Work Completed During Report Period: Request for proposals were sent, proposals were evaluated Problems or Delays During Report Period: *No delays Change Orders: • No Change Orders Recommendation(s) for City Council Action: Approve and execute agreement, inspect work and manage construction. Approved and authorized b May Signature Date of City Council Approval ENGINEERING 1217310TH STREET Phone: (909) 790 -3366 YUCAIPA, CA 92399 Cell #: (909)721 -1020 GEN. CONTRACTORS" A" L1C # 937 845 & C -12 Fax: (909) 790 -3369 PRO1'ON.IL.�I 111177L/) FO: ;fit 313 PHONE: EMAIL: ulerobna.yahoo.com It ORh' 1'0 8E !'FRFOR111 1) I T: 1N FSTFRN KNOLLS CITY ()F 13F:AU'110NT ATT: ROB Date :02/112011 KAD Paving Company will provide all materials, perform all labor, and supply all equipment for the completion of the project(s) specified below. KAD Paving Company guarantees the usage of all materials specified within the contents of this contract/proposal. - PULVERIZE ENTIRE STREET SECTION TO DEPTH OF 6" - RE GRADE AND COMPACT TO 95% OR BETTER - PAVE 3" OF NEW ASPHALT (1)LIFT - ROLL FOR SMOOTH FINISH - DIGOUT WET AREAS ON SIDE OF ROAD INSTALL BASE AND COMPACT RE- GRADE EDGE OF ROAD TO FLOW WATER TO DRAIN fh� EXCLUSIONS: BONDS,FEES,TRAFFIC CONTROL, ASSESSMENTS, PERMI TS,SURVEY,ENGINEERtNG,HAZARDOUS MATERIAL HANDLING OF ANY KIND,REMOVE /REPLACE /RELOCATE INTERFERING UTILIES, WATER SOURCE. Acceptance of Proposal The above work to be performed in accordance with drawings and the specifications submitted for The above work and complete in a workmanlike manner for the sum of: FIFTY NINE THOUSAND TWO HUNDRED TWENTY DOLLARS AND NO CENTS With payments to be made as follows: Upon Completion Any alteration or deviation from the specifications provided herein, will be executed only upon written orders, and will become an additional charge over and Above the estimate(s) provided in this document Buyer agrees to pay all court costs and reasonable attorney's fees in the event of default or if this Contract submitted to an attorney for enforcement purposes. Owner renders Contractor harmless and agrees to relieve Contractor of all liability for any unsatisfactory Results in the event that the Owner shall require Contractor to lay asphalt on sub- grade, which in the opinion of the Contractor, in unsatisfactory. Contractor is not responsible for damage to underground utilities or lines unless such utilities or lines have been properly staked in advance of operations. Damage cau; by others to seal -coat, striping and surrounding area after back -fill seal -coat has been applied is the sole responsibility of Owner and Owner accepts full liabilr for such damage. Contractor is not responsible for back -fill, compaction of back -fill installed by others, reflective cracking on surface areas, and pre - existing engineering in respect to drainage. Owner accepts full liability for the aforementioned. All engineering, testing, inspection, and permit fees have been exclude from the contents of this contract and shall be deemed as collateral to contents of this Contract. This proposal shall expire in 60 days.. Payment is due at completion of work. Interest will accrue Q 10% plus costs daily after 30 days—.Material costs are only valid for 30 days from date of this proposal. Upon acceptance of bid, please complete the following information (per section 3097 California Civil Code Procedure). Sign and return one copy. Owner: Address: Construction Lender: Address: General Contractor: Address: Signature: Submitted By , . . By: Donnie Wheeler Jr. 25 -Apr - t 1 Original c2a 207 rce ADVANTAGE ASPHALT 29-150 DESERT NNIOON DR. THOUSAND PALMS, CA 92276 11 HON E:-6t)-,' 543 -o933 I-'-\-X: 760-343-1171 CONTRACTORS LIC#758i95 f) It D L R DATE ORDER NUMBER I r EM 4* 1) ESC R I PTI 0 N 1) k H-1:1--1 -AWLARN't C 2011 BILL CITE" OF BEAUNIONT ro ROB J()B X i I KN( ACCEPTANCE OF PROPOSAL: DATE: 'rhank voti fi)r vour business! QUANTITY JEREMY HARRIS CONSTRUCTION 12189 7th Street, Suite #14 Yucaipa, CA 92399 9091234-8264 Office 95V789.0089 Fax TO.- R06 (.AV'k N CkY OF BLAU MON I Pruject PrUpOtidll DATE: ('1-i Y W [it AUMON V GNESftNry KNOLIS -PULVERIZE THE STREET SECTION 1-0 A DEf' i h OF 6:' RE-GRADE AND COMPACT INSTALL 3" OF NEW ASPHALT v -INSTALL BASE AND COMPACT -DIGOUT WET AREAS ON THE SIDE OF I HE ROAD RE-GRADE EDGES OF ROAD FOR WATER TO FLOW AND DRAIN TOTAL $65,400.00 ' PrlCeS lilLIUdU (UrILI)t CA prevailing wage rates Excludes: Ent;ilwelillg, D11;-Alert, Utilities, surwry, ti-Afic CoilU'01. mii,ick', Clump It"i's, ,md -,ltmy b.AL4, Idi. 44 STAFF REPORT Agenda Item 3 TO: Mayor and Council Members FROM: City Manager DATE: October 19 , 2010 SUBJECT: Award Agreement and Task Order for Street Repair and Pavement Rehabilitation Project Background and Analysis: The Capital Improvement Plan for Fiscal Year 2010 -2011 identified several neighborhoods and streets which will be repaired and rehabilitated this year. Repairs will include resurfacing the pavement, replacing road base material and repairing curbs and gutters. Rehabilitation measures include pulverizing and replacing asphalt and sealing asphalt surface with slurry seal. Proposals were solicited from three vendors to address numerous repairs for the following areas: 1. 6`h Street and Elm Avenue near the Red Barn 2. Michigan Avenue between First Street and Potrero Boulevard Proposals were requested from three qualified contractors to repair the roads and rehabilitate pavement. Three proposals were received which are attached and summarized below: Kad Paving Company - $ 76,836.94 Tyner Paving - $ 79,480.00 Mamco Inc. - $ 84,390.54 Fiscal Impact: The proposed project will not impact the General Fund. This project will be funded by Gas Tax Funds. Recommendation: Staff recommends AWARD of an Agreement and Task Order with Kad Paving Company., APPROVAL of the Project Progress Report, AUTHORIZATION of the Mayor to execute the Agreement, Task Order and Project Progress Report subject to the authority of the City Attorney CITY OF BEAUMONT PROJECT PROGRESS REPORT STREET REPAIR AND PAVEMENT REHABILITATION Gas Tax Funds Project Name: Street Repair and Pavement Rehabilitation Source of Funds: Contract October 19, 2010 Contractors: Kad Paving Company Date: Const. Budget: $ 76,836.94 A &E Budget: As per Qualified Contractors Project Start Date: August 2010 Report Period: October 2010 Work Completed During Report Period: Request for proposals were sent and proposals were evaluated . Problems or Delays During Report Period: •No delays Change Orders: • No Change Orders Recommendation(s) for City Council Action: Implement Agreement and Task Order No. 1 Approved and authorize by: 6ayor Signature Date of City Council Approval N�'06 City of Beaumont AWARD OF NEW PUBLIC WORKS CONTRACT NAME OF PROJECT: Street Repair and Pavement Rehabilitation PROJECT NO. (internal use) CONTRACT DATE: 10 -19 -2010 FUNDING SOURCE: Gas Tax Funds CONTRACTOR: Kad Paving Company CONTRACT AMOUNT: $ 76,836.94 TYPE OF CONTRACT BIDDING REQUIREMENTS WHO SHALL AUTHORIZE 1. Road & Sewer Maintenance/ Repair a. & b. No formal bids, but must obtain informal proposals, unless sole source only, a. $0- $10,000.00 no competitive bid proposals, or public a. City Manager _x_ b. Over $10,000.00 emergency. b. City Council 2. All Projects except road and sewer maintenance/ repairs. a. $0 - $5,000.00 b. $5,001.00 - $10,000.00 c. Over $10,000.00 3. Emergency (There must be a threat to public health, safety, property). a. Road and sewer emergencies (i) $0 - $10,000.00 (ii) Over $10,000.00 b. All other emergencies: (i) $0 - $5000.00 (ii) Over $5,000.00 a. No Formal bid, but must obtain informal a. City Manager proposals unless: (see above). b. Formal bidding required, unless CM finds b. City Manager bidding impossible and unnecessary, sole source only, or emergency (see No. 3 below). c. Formal bidding required, unless CM finds c. City Council bidding impossible and unnecessary, sole source only, or emergency (see No. 3 below). a. No formal bids or informal proposals. (i) City Manager (ii) City Manager, with subsequent City Council ratification by 4/5 vote. b. No formal bids or informal proposals. (i) City Manager (ii) City Council with sequent City Council ratification by 4/5 vote. I have reviewed the award of work under this contract in accordance with Beaumont Municipal Code: Title 3 – Section 3.02. Public Works Director: City Attorney : AUTHORIZATION City Manager: '�6 - I- AK) Mayor: (as applies) , — / 1000, - Date: Date: Date: Date: 16 -J 1- 16 Project Pre - Approval Form PROJECT NAME: Street Repair and Pavement Rehabilitation PROJECT DESCRIPTION: Several neighbourhoods identified in CIP for 2010 -2011 requiring repair and rehabilitation- Elm ave near Red Barn and Michigan Ave. PROJECT BUDGET: ACQUISITION: ARCHITECTURAL /ENGINEERING /INSPECTION: CONSTRUCTION: $ 76,836.94 POSTACQUISTION /CONSTRUCTION COSTS (DESCRIBE): TOTAL BUDGETED COST: $ 76,836.94 FUNDING SOURCE: Gas Tax Funds STAFF APPROVALS: DEPARTMENT HEAD: PUBLIC WORKS: - FINANCE: CITY MANAGER: Rev. 09/05 AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR (Project Name: Street Repair and Pavement Rehabilitation) THIS AGREEMENT is made and effective as of the 5th day of October, 2010, by and between the CITY OF BEAUMONT ( "OWNER ") whose address is 550 E. 6th Street, Beaumont, California 92223 and Kad Paving Company dba Kad Engineering., whose address is 12173, 10th street, Yucaipa, CA 92399, telephone (909) 790 3366, fax (909) 790 3369 e -mail kadpaving @yahoo.com, Fed. Tax Id. No. 27- 0618394 ( "CONTRACTOR "). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such services as may be assigned, from time to time, by OWNER in writing for the purpose of Street Repair and Pavement Rehabilitation. B. The specific services to be performed by CONTRACTOR shall be described in one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this Agreement. C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until end January 2011 , unless extended or sooner terminated as provided for herein. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned, from time to time, in writing by the City Council of OWNER. Each such assignment shall be made in the form of a written Task Order. Each such Task Order shall include, but shall not be limited to, a description of the nature and scope of the services to be performed by CONTRACTOR, the amount of compensation to be paid, and the expected time of completion. Page 1 of 10 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform each such assignment; provided, however, that CONTRACTOR shall not subcontract any of the work to be performed without the prior written consent of OWNER. 4. Compensation. 4.01 In consideration for the services to be performed by CONTRACTOR, OWNER agrees to pay CONTRACTOR as provided for in each Task Order. 4.02 Each Task Order shall specify a total not -to- exceed sum of money and shall be based upon CONTRACTOR's schedule of regular hourly rates customarily charged by CONTRACTOR to its clients. 4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary expenses incurred by CONTRACTOR in the performance of services for OWNER. Reimbursement shall be according to a schedule of reimbursable expenses included in each Task Order. 4.04 CONTRACTOR shall not be compensated for any services rendered nor reimbursed for any expenses incurred in excess of those authorized in any Task Order unless approved in advance by the City Council of OWNER, in writing. 4.05 Unless otherwise provided for in any Task Order issued pursuant to this Agreement, CONTRACTOR agrees that payment of compensation earned shall be made in monthly installments within 30 business days after receipt of a detailed, corrected, written invoice describing in reasonable detail, to the extent applicable, the services performed, the time spent performing such services, the hourly rate charged therefor, the identity of individuals performing such services for the benefit of OWNER, and materials consumed or used. Such invoice shall also include a detailed itemization of authorized expenses incurred. 5. Obligations of Contractor. 5.01 CONTRACTOR agrees to perform all assigned services in accordance with the terms and conditions of this Agreement and those specified in each Task Order. 5.02 Except as otherwise provided for in each Task Order, CONTRACTOR will supply all personnel, materials and equipment required to perform the assigned services. 5.03 CONTRACTOR shall keep OWNER informed as to the progress of the work assigned hereunder, by means of regular and frequent consultations. From time -to -time, when requested by the OWNER, CONTRACTOR shall prepare written status reports. Page 2 of 10 5.04 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than $ 2 million per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required _/Not Required _x_; Obtain a policy of errors and omissions insurance in a minimum amount of $ per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any services for OWNER; C. Comply with all applicable local (including OWNER's), state and federal laws, rules and regulations regarding, by way of example and not by limitation, nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law and custom. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first Task Order. Such policies shall be issued by a highly rated insurer (minimum Best's Ins. Guide rating of "ANII") licensed to do business in California, and shall provide that they shall not be cancelled or amended without 30 days' prior written notice to OWNER. Self - insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any, loss, injury or damage to property or persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 5.05 CONTRACTOR and OWNER agree that OWNER, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to OWNER. CONTRACTOR acknowledges that OWNER would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect OWNER as set forth here. Page 3 of 10 5.05.1 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless OWNER, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by owner, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and /or employees) is alleged to be an employee of OWNER. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by OWNER. 5.05.2 Without affecting the rights of OWNER under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless OWNER as set forth above for liability attributable to the sole fault of OWNER, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply'only in instances where OWNER is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where OWNER's fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all - inclusive and OWNER will be indemnified for all liability incurred, even though a percentage of liability is attributable to conduct of OWNER. CONTRACTOR acknowledges that its obligation pursuant to this Section extends to liability attributable to OWNER, if that liability is less than the sole fault of OWNER. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of OWNER. 5.06 In the event that OWNER requests that specific employees or agents of CONTRACTOR supervise or otherwise perform the services specified in each Task Order, CONTRACTOR shall ensure that such individual (or individuals) shall be appointed and assigned the responsibility of performing the services. 5.07 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. Page 4 of 10 5.08 CONTRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement, unless otherwise expressly provided for in any Task Order issued pursuant to this Agreement. In the event OWNER is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.09 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99 -603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.10 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug -free workplace. 5.11 Drug and Alcohol Testing Policy. The CONTRACTOR agrees to establish an anti -drug use and alcohol misuse program consistent with the requirements of this Section. The CONTRACTOR's anti -drug use and alcohol misuse program shall include the following: a. The adoption, and enforcement, of a policy on prohibited drug use and alcohol misuse in the workplace, including the consequences associated with prohibited drug use and alcohol misuse. The CONTRACTOR shall disseminate the policy statement to its employees; b. An education and training program in which employees and their supervisors shall receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and work environment, and on the signs and symptoms that may indicate prohibited drug use and alcohol misuse. In addition, supervisors shall receive an additional 60 minutes of training on the physical, behavioral and performance indicators of probable drug use and alcohol misuse; A testing program which meets the requirements of Section 3 below; and d. Procedures for referring an employee who has a verified positive drug test result or an alcohol concentration of 0.04 or greater to a substance abuse professional. Page 5 of 10 5.12 Drug and Alcohol Testing. a. Drug Testing_ The CONTRACTOR shall establish a program that provides testing for prohibited drugs in the following circumstances: pre- employment, post- accident, reasonable suspicion, random and return to duty /follow -up. When administering a drug test, the CONTRACTOR agrees to ensure that the following drugs are tested for: marijuana, cocaine, opiates, amphetamines, and phencyclidine. b. Alcohol Testing: The CONTRACTOR shall establish a program that provides for testing of alcohol in the following circumstances: post- accident, reasonable suspicion, random and return to duty /follow -up. The CONTRACTOR shall prohibit an employee, while having an alcohol concentration of 0.04 or greater, from performing or continuing to perform a safety- sensitive function. 5.13 Background Investigations. CONTRACTOR acknowledges that certain of CONTRACTOR's employees perform services that have the potential for endangering the health and safety of members of the general public, and have unrestricted access to sensitive OWNER operations and facilities which, if improperly operated or maintained, could result in personal injury or death to themselves, co- workers and the public. Therefore, the CONTRACTOR hereby agrees, at its sole cost and expense, to develop and implement an employee security system and program that includes, but is not limited to, the following: a. A personal history statement; b. Reference checks; C. Photographs; d. Fingerprinting; e. Background investigation, including information from the California Department of Justice and the Department of Motor Vehicles. 6. Obligations of Owner. 6.01 OWNER shall do the following in a manner so as not to unreasonably hinder the performance of services by CONTRACTOR: a. Provide information, requirements and criteria regarding OWNER's project; b. Furnish all existing studies, reports and other available data and items pertinent to each Task Order that are in OWNER's possession; Page 6 of 10 C. Designate a person to act as a liaison between CONTRACTOR and the City Council of OWNER. 7. Additional Services, Changes and Deletions. 7.01 During the term of this Agreement, the City Council of OWNER may, from time to time, and without affecting the validity of this Agreement or any Task Order issued thereunder, order changes, deletions and additional services by the issuance of written change orders authorized and approved by the City Council of OWNER. 7.02 In the event CONTRACTOR performs additional or different services than those described in any Task Order or authorized change order without the prior written approval of the City Council of OWNER, CONTRACTOR shall not be compensated for such services. 7.03 CONTRACTOR shall promptly advise OWNER as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and /or cost of services to be provided pursuant to this Agreement. All proposed changes, modifications, deletions and /or requests for additional services shall be reduced to writing for review and approval by the City Council of OWNER. 7.04 In the event that OWNER orders services deleted or reduced, compensation shall likewise be deleted or reduced by a fair and reasonable amount and CONTRACTOR shall only be compensated for services actually performed. In the event additional services are properly authorized, payment for the same shall be made as provided in Section 4 above. 8. Termination of Agreement. 8.01 In the event the time specified for completion of an assigned task in a Task Order exceeds the term of this Agreement, the term of this Agreement shall be automatically extended for such additional time as is necessary to complete such Task Order, and thereupon this Agreement shall automatically terminate without further notice. 8.02 Notwithstanding any other provision of this Agreement, OWNER, at its sole option, may terminate this Agreement at any time by giving 10 days' written notice to CONTRACTOR, whether or not a Task Order has been issued to CONTRACTOR. 8.03 In the event of termination, the payment of monies due CONTRACTOR for work performed prior to the effective date of such termination shall be paid within 45 business days after receipt of an invoice as provided in this Agreement. Upon payment for such services, CONTRACTOR agrees to promptly provide and deliver to OWNER all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to OWNER. Page 7 of 10 9. Status of Contractor. 9.01 CONTRACTOR shall perform the services assigned by OWNER in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of OWNER. CONTRACTOR shall be under the control of OWNER only as to the result to be accomplished and the personnel assigned to perform services. However, CONTRACTOR shall regularly confer with OWNER's City Council as provided for in this Agreement. 9.02 CONTRACTOR hereby specifically represents and warrants to OWNER that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 10. Ownership of Documents; Audit. 10.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of services assigned to it by OWNER shall become the sole property of OWNER, and CONTRACTOR shall promptly deliver all such materials to OWNER. At the OWNER's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions. If OWNER uses such documents for any purpose other than for which they were prepared without CONTRACTOR's prior written approval, OWNER hereby waives any claims against CONTRACTOR and will hold CONTRACTOR harmless from any claim or liability for injury or loss arising from OWNER's unauthorized use. 10.02 Subject to applicable federal and state laws, rules and regulations, OWNER shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not use for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of OWNER. 10.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as OWNER may deem necessary, CONTRACTOR shall make available to OWNER's agents for examination all of such records and shall permit OWNER's agents to audit, examine and reproduce such records. Page 8 of 10 11. Miscellaneous Provisions. 11.01 This Agreement supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 11.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 11.03 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the services authorized hereunder. 11.04 If required by law, CONTRACTOR shall file Conflict of Interest Statements with OWNER. 11.05 Any dispute which may arise by and between the OWNER and the CONTRACTOR, including the CONTRACTOR's subcontractors, laborers, and suppliers, shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc. /Endispute, in accordance with its construction industry rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three arbitrators, unless the PARTIES agree in writing to submit the matter before a single arbitrator. The arbitrators must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. The arbitrators' decision and award are subject to judicial review for errors of fact or law in accordance with Section 1296 of the Code of Civil Procedure, by a Superior Court of competent venue and jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the contrary, prior to the appointment of the arbitrators, all disputes shall first be submitted to non - binding mediation, conducted by either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc. /Endispute, in accordance with their respective rules and procedures for such mediation. In any arbitration or litigation arising out of this Agreement, or the performance of any obligation under this Agreement, the arbitrators or the court in such arbitration or litigation shall award costs and expenses of arbitration or litigation, including mediation and arbitration fees and expenses, expert witness fees and attorneys' fees, to the prevailing PARTY. Page 9 of 10 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement as of the day and year first above - written. OWNER: CITY OF BEAUMONT _ t By Mayor, City Co CONTRACTOR: Kad Paving Company. By Print Name I D V-4 Title I?QgL�A _.. Page 10 of 10 CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Street Repair and Pavement Rehabilitation) TASK ORDER NO.: One CONTRACTOR: Name: Kad Paving Company dba Kad Engineering Address: 12173 10th Street, Yucaipa, CA 92399 Telephone: (909) 790 3366 Fax: (909) 790 3369 E -mail: kadpaving @yahoo.com Fed. Tax Id.: 27- 0618394 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and Kad Paving Company ( "CONTRACTOR ") dated October 19, 2010 (the "AGREEMENT "). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following task (choose and check one): X_ See Exhibit "A ", attached hereto Description of Task: 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before January 30, 2011. 3. Liaison of OWNER. Mr. /Ms. Rob Owen, Construction Manager shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: (Check if this Paragraph 4 Not Applicable: ___) Donald Wheeler Jr Page 1 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _xx--) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not -to- exceed lump sum of $ 76,836.94 payable as follows: 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) _ shall/ _xx_shall not /be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order (choose and check one): x below. Not applicable See Exhibit "A ", attached hereto; or Description: IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated CITY OF BEAMONT Dated: By f t/ 10, Dated: CONTRACTOR: Kad Paving Company By i 6--o" L -D,a N W V,e� 7Y5?, Print Name Title Page 2 of 2 Oct 11 10 09:06a URBAN LOGIC / CITY OF BEA Oct 08 10 03 36p KADPAVINGCO 9517696622 p.2 9097903369 p.3 KAD PAVING COMPANY D BA KAD ENGINEERING =7310TH STREET Phone: (909) 79G -3366 YUCAIPA, CA 92399 Cell ff: (909)721 -10020 GEN. CONTRACTORS" A" LIC a 937845 & C -12 Fax: {909) 790 -3369 CONTRACT /PROPOSAL PROPOSAL SCJBMr7 -TFD TO: 110Me . PHONE: 951- 538 -6269 FAX: 951-769-6999 WORK TO BEPFRPOP- MEDAT. CITY OF BEAUMONT SYRP T PL9LVERIZE A1l,rD PAVE MICHIGAN 1 ST AND PROTERO BLVD ATT: ROB D ate : 1010812010 KAD Paving Ccrnpany will provide all materials, perform ail labor, and supply all equipment for the completion of the project(s) specified below. KAD Paving Company guarantees the usage of all materials specified within the contents of this oonlractlproposal. ITEM # DESCRIPTION QTY UNIT PRICE TOTAL I ; PULVERIZE 8" EX AC 30746 SF $0.20 $6,149.20 2 GRADE AND COMPACT 95% 30746 SF $0.10 $3,074.60 3 AC PAVEMENT 3" ON COMPACTED CMB 30746 SF $135 $41,507.10 4 b" MOUNTABLE AC DIKE 1 2400 LF $6.50 $15,600.00 TOTAL 1 $66,3 0.90 EXCLUSIONS: BONDS.FEES, .ASSESSMENTS, PERMITS, SURVEY, EN GNEERING.HAZARDOI:S MATERIAL HA14DLTNG OF ANY KIND,REMOVE/REPLACEIRELOCATE TNTERFERING UTTUES. WATER SOURCE. Acceptance of Proposal The above work to be performed in accordance with drawings and the specifications submitted for The above work and complete in a workmanlike manner for the sure of- SIXTY SIX THOUSAND,THREE HUNDRED THIRTY DOLLARS AND NINETY CENTS With paymeats to be made as follows~ Upon Completion Any alteerattion or deviatlm from the specifications provided herein, will be executed only upon written orders, and vdd become an additional charge over and Above the estimateis) provided in this dccument- Buyer agrees to pay all court costs and reasonable attorneys fees in The event of default or if this Contract is submitted to an allarney for enforcement purpcses. Owner renders Contractor harmless and agrees to relieve Contractor of all liaodly for any unsatisfactory Results in the event that the Ownershall require Contractor to -ay asp" t on sub - grade, which in the opinion of the Contractor, in unsatisfactory- Contractor is not responsible fcrdamage to underground utilities or Ones unless such utilities or lines have been properly staked in advance of operations. Damage causec by others to seal -coat, striping and surrounding area after back -fill seal -coat has been applied is the sole responsibility & Owner and Owner accepts full liability for such damage. Contractor is not responsible for bade-fill, compaction of back-fill installed by others, reflective cracking on surface areas, and pre - existing engineering in respect to drainage. Owner accepts full Nability for the aforementioned. All engineering, testing, inspection, and permit fees have been excluded from the contents of this contract and shag be deemed m collateral to contents of !his Contract. This proposal shaft expire in 60 days.. Payment is due at completion of work. Interest will accrue aQ 10% plus costs daily after 30 days ^""'.Material costs are only valid for 30 days from date of this proposal . Upon acceptance of tid, please comphete the following information (per seclion 3097 Cafifomia Civil Code Procedure). Sign and return one copy. Owner. Addmss: Construction Lender. Address: General Contractor: Address: Signature: r. Submitted By: Donnie Wheeler Jr. By: Donnie 'Wheeler Jr. 8- Oct -10 Original copy 2&e r _t.AD PAVING COMPANY D BA KA D ENGINEERING 12173 10TH STRFEr Phonot J909)]90-3366 YUCAIPA, CA 92399 Cell 4:1909)721-1020 GriL'. CONTRA C70RS" a" LIC At 937845 & C -12 Fax: (909) 790 -3369 CONTRACT/PROPOSAL PFZUP[ rJ:1L S(.1H.111I.1 ED TO W, OR TO BE PF-q F0 P-MED - I "I ROB 6'1'1-1 STREET IN BEAUMONT CA 02223 PFtUNF: 951 -538 -6269 FAX-. 951- 769 -6222 ATT. ROB Date: 10/11/2010 KAD Paving Company will provide ali materials, perform all labor, and supply ail equipment for the completion of the projects) specified below. KAc Paving Company guarantees the usage of all materials specified within the contents of this contrail / proposal ITEM # DESCRIPTION QTY UNIT PRICE TOTAL 1 GRADE TO DRAIN AN13 COMPACT 63 CY $22.50 51,417.50 2 fNSTALL 3" A/C OVER NATIVE 3,678 SF $1.93 $7,098.54 3 A/C DIKE 200 LF 59.95 - - -� $11990.00 -- - TO-FAL $10,506.04 NOTE-. NO BONDS /NON UNION EXCi..USiONS: BON US,FLES,ASSF.SSNII :h''I -S,PER vilTS,SURVEY,ENC;INi rR.ING,iIAZARDOUS MAJERiAL HANDLING 01- ANY l{ iNU Ki :MC)Vt•.iKN.F'I_ACt :KhLVGI! 1 1N't lcK1 tiKI YCi U111-11=5- µ'rd1L'IZ JUIJK(:t Acceptance of Proposal The above work to be performed in accordance with drawings and the specifications submitted for The :drove work and complete in a workmanlike manner for the .urn of: TEN THOUSAND FIVE H -DRED SIX DOLLARS AND FOUR CENTS With payments to be made as follows: Upon Completion ar.,v alteration or deviation from the specif cations provided herein, will be executed only upon wntten orders, and will become ar additional Charge aver and Above the estimate(s) provided in this document 8uyer agrees to pay all court costs and reasonable attorrey's fees it the event of default or it this Contract is submitted to an attorney for enforcement purposes Owner renders Contractor harmless and agrees to reliese Contractor cf all liability for any ur.sarisfactoty Results in the even, :hat the Qwner shall require Contractor to lay asphalt on sub - grade, which in the opinion of the ConlraCtcr, in unsatisfactory. Contractor is not responsib a for damage to underground utiliives or lines unless such utilities or lines have beer property staked in advance of operations. Oarnage causec by others to seal -coat. striping and surrounding area after back -fill seal -coat has been applied is the sole responsibility of Owner and Owner accepts full liability for such darrage Contractor s rot responsible for back -fill, compaction of back - -fill installed by others, reflectroe cracking on suilace areas, and prr-e :sting engineering in respect to drainage. Owner accepts full liability for the aforementioned. All engineering, testing, inspection, and permit fees have been nxr.Iuded from the contents of this contract and shail be deemed as collateral to contents of this Contract This proposal shall expire in 60 days.. Payment is due al completion of wont Interest wiif accrue a 109/6 plus costs daily after 30 days —" Material costs are only valid for 30 days from date of this proposal Upon acceptance of bid, please curnpiete the tollowinr! informator (per saetien 3097 California Civil Code Pronedure) Sign and return one copy. Chvrer: Adt]f",;: Construction Lender: Address: General Conmctoc Address: S.11ndtu7e; �a 69CC06/ 606 Submitted By: Dunnic Mic0er-Jr. By.- Unnnie Whre;er Jr. i 1 -Oct -; 0 Uri final C'� t Office 00O :NIAVdaV� d8?v i o Oi t i i�)o Rev. 09/05 '- Z AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR (Project Name: Erosion Repair on Oak Valley Parkway) THIS AGREEMENT is made and effective as of the 5th day of April, 2011, by and between the CITY OF BEAUMONT ( "OWNER ") whose address is 550 E. 61" Street, Beaumont, California 92223 and Kad Paving Company dba Kad Engineering., whose address is 12173, 10`" street, Yucaipa, CA 92399 , telephone (909) 790 3366, fax (909) 790 3369 e -mail kadpaving @yahoo.com, Fed. Tax Id. No. 27- 0618394 ( "CONTRACTOR "). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such services as may be assigned, from time to time, by OWNER in writing for the purpose of Street Repair and Pavement Rehabilitation. B. The specific services to be performed by CONTRACTOR shall be described in one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this Agreement. C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until end May 2011 , unless extended or sooner terminated as provided for herein. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned, from time to time, in writing by the City Council of OWNER. Each such assignment shall be made in the form of a written Task Order. Each such Task Order shall include, but shall not be limited to, a description of the nature and scope of the services to be performed by CONTRACTOR, the amount of compensation to be paid, and the expected time of completion. Page I of 10 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform each such assignment; provided, however, that CONTRACTOR shall not subcontract any of the work to be performed without the prior written consent of OWNER. 4. Compensation. 4.01 In consideration for the services to be performed by CONTRACTOR, OWNER agrees to pay CONTRACTOR as provided for in each Task Order. 4.02 Each Task Order shall specify a total not -to- exceed sum of money and shall be based upon CONTRACTOR's schedule of regular hourly rates customarily charged by CONTRACTOR to its clients. 4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary expenses incurred by CONTRACTOR in the performance of services for OWNER. Reimbursement shall be according to a schedule of reimbursable expenses included in each Task Order. 4.04 CONTRACTOR shall not be compensated for any services rendered nor reimbursed for any expenses incurred in excess of those authorized in any Task Order unless approved in advance by the City Council of OWNER, in writing. 4.05 Unless otherwise provided for in any Task Order issued pursuant to this Agreement, CONTRACTOR agrees that payment of compensation earned shall be made in monthly installments within 30 business days after receipt of a detailed, corrected, written invoice describing in reasonable detail, to the extent applicable, the services performed, the time spent performing such services, the hourly rate charged therefor, the identity of individuals performing such services for the benefit of OWNER, and materials consumed or used. Such invoice shall also include a detailed itemization of authorized expenses incurred. 5. Obligations of Contractor. 5.01 CONTRACTOR agrees to perform all assigned services in accordance with the terms and conditions of this Agreement and those specified in each Task Order. 5.02 Except as otherwise provided for in each Task Order, CONTRACTOR will supply all personnel, materials and equipment required to perform the assigned services. 5.03 CONTRACTOR shall keep OWNER informed as to the progress of the work assigned hereunder, by means of regular and frequent consultations. From time -to -time, when requested by the OWNER, CONTRACTOR shall prepare written status reports. Page 2 of 10 5.04 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than $ 2 million per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required _ /Not Required _x_; Obtain a policy of errors and omissions insurance in a minimum amount of $ per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any services for OWNER; C. Comply with all applicable local (including OWNER's), state and federal laws, rules and regulations regarding, by way of example and not by limitation, nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law and custom. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first Task Order. Such policies shall be issued by a highly rated insurer (minimum Best's Ins. Guide rating of "A:VII ") licensed to do business in California, and shall provide that they shall not be cancelled or amended without 30 days' prior written notice to OWNER. Self - insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any, loss, injury or damage to property or persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 5.05 CONTRACTOR and OWNER agree that OWNER, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to OWNER. CONTRACTOR acknowledges that OWNER would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect OWNER as set forth here. Page 3 of 10 5.05.1 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless OWNER, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by owner, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and /or employees) is alleged to be an employee of OWNER. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by OWNER. 5.05.2 Without affecting the rights of OWNER under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless OWNER as set forth above for liability attributable to the sole fault of OWNER, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where OWNER is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where OWNER's fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all- inclusive and OWNER will be indemnified for all liability incurred, even though a percentage of liability is attributable to conduct of OWNER. CONTRACTOR acknowledges that its obligation pursuant to this Section extends to liability attributable to OWNER, if that liability is less than the sole fault of OWNER. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of OWNER. 5.06 In the event that OWNER requests that specific employees or agents of CONTRACTOR supervise or otherwise perform the services specified in each Task Order, CONTRACTOR shall ensure that such individual (or individuals) shall be appointed and assigned the responsibility of performing the services. 5.07 In the event CONTRACTOR is required to prepare plans, drawings, specifications and /or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. Page 4 of 10 5.08 CONTRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement, unless otherwise expressly provided for in any Task Order issued pursuant to this Agreement. In the event OWNER is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.09 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99 -603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.10 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug -free workplace. 5.11 Drug and Alcohol Testing Policy_ The CONTRACTOR agrees to establish an anti -drug use and alcohol misuse program consistent with the requirements of this Section. The CONTRACTOR's anti -drug use and alcohol misuse program shall include the following: a. The adoption, and enforcement, of a policy on prohibited drug use and alcohol misuse in the workplace, including the consequences associated with prohibited drug use and alcohol misuse. The CONTRACTOR shall disseminate the policy statement to its employees; b. An education and training program in which employees and their supervisors shall receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and work environment, and on the signs and symptoms that may indicate prohibited drug use and alcohol misuse. In addition, supervisors shall receive an additional 60 minutes of training on the physical, behavioral and performance indicators of probable drug use and alcohol misuse; C. A testing program which meets the requirements of Section 3 below; and d. Procedures for referring an employee who has a verified positive drug test result or an alcohol concentration of 0.04 or greater to a substance abuse professional. Page 5 of 10 5.12 Demand Alcohol Testinz. a. Drug Testing: The CONTRACTOR shall establish a program that provides testing for prohibited drugs in the following circumstances: pre- employment, post- accident, reasonable suspicion, random and return to duty /follow -up. When administering a drug test, the CONTRACTOR agrees to ensure that the following drugs are tested for: marijuana, cocaine, opiates, amphetamines, and phencyclidine. b. Alcohol Testing: The CONTRACTOR shall establish a program that provides for testing of alcohol in the following circumstances: post- accident, reasonable suspicion, random and return to duty /follow -up. The CONTRACTOR shall prohibit an employee, while having an alcohol concentration of 0.04 or greater, from performing or continuing to perform a safety- sensitive function. 5.13 Background Investi atg ions. CONTRACTOR acknowledges that certain of CONTRACTOR's employees perform services that have the potential for endangering the health and safety of members of the general public, and have unrestricted access to sensitive OWNER operations and facilities which, if improperly operated or maintained, could result in personal injury or death to themselves, co- workers and the public. Therefore, the CONTRACTOR hereby agrees, at its sole cost and expense, to develop and implement an employee security system and program that includes, but is not limited to, the following: a. A personal history statement; b. Reference checks; Photographs; d. Fingerprinting; e. Background investigation, including information from the California Department of Justice and the Department of Motor Vehicles. 6. Obligations of Owner. 6.01 OWNER shall do the following in a manner so as not to unreasonably hinder the performance of services by CONTRACTOR: a. Provide information, requirements and criteria regarding OWNER's project; b. Furnish all existing studies, reports and other available data and items pertinent to each Task Order that are in OWNER's possession; Page 6 of 10 C. Designate a person to act as a liaison between CONTRACTOR and the City Council of OWNER. 7. Additional Services, Changes and Deletions. 7.01 During the term of this Agreement, the City Council of OWNER may, from time to time, and without affecting the validity of this Agreement or any Task Order issued thereunder, order changes, deletions and additional services by the issuance of written change orders authorized and approved by the City Council of OWNER. 7.02 In the event CONTRACTOR performs additional or different services than those described in any Task Order or authorized change order without the prior written approval of the City Council of OWNER, CONTRACTOR shall not be compensated for such services. 7.03 CONTRACTOR shall promptly advise OWNER as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and /or cost of services to be provided pursuant to this Agreement. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City Council of OWNER. 7.04 In the event that OWNER orders services deleted or reduced, compensation shall likewise be deleted or reduced by a fair and reasonable amount and CONTRACTOR shall only be compensated for services actually performed. In the event additional services are properly authorized, payment for the same shall be made as provided in Section 4 above. 8. Termination of Agreement. 8.01 In the event the time specified for completion of an assigned task in a Task Order exceeds the term of this Agreement, the term of this Agreement shall be automatically extended for such additional time as is necessary to complete such Task Order, and thereupon this Agreement shall automatically terminate without further notice. 8.02 Notwithstanding any other provision of this Agreement, OWNER, at its sole option, may terminate this Agreement at any time by giving 10 days' written notice to CONTRACTOR, whether or not a Task Order has been issued to CONTRACTOR. 8.03 In the event of termination, the payment of monies due CONTRACTOR for work performed prior to the effective date of such termination shall be paid within 45 business days after receipt of an invoice as provided in this Agreement. Upon payment for such services, CONTRACTOR agrees to promptly provide and deliver to OWNER all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to OWNER. Page 7 of 10 9. Status of Contractor. 9.01 CONTRACTOR shall perform the services assigned by OWNER in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of OWNER. CONTRACTOR shall be under the control of OWNER only as to the result to be accomplished and the personnel assigned to perform services. However, CONTRACTOR shall regularly confer with OWNER's City Council as provided for in this Agreement. 9.02 CONTRACTOR hereby specifically represents and warrants to OWNER that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 10. Ownership of Documents; Audit. 10.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of services assigned to it by OWNER shall become the sole property of OWNER, and CONTRACTOR shall promptly deliver all such materials to OWNER. At the OWNER's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions. If OWNER uses such documents for any purpose other than for which they were prepared without CONTRACTOR's prior written approval, OWNER hereby waives any claims against CONTRACTOR and will hold CONTRACTOR harmless from any claim or liability for injury or loss arising from OWNER's unauthorized use. 10.02 Subject to applicable federal and state laws, rules and regulations, OWNER shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not use for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of OWNER. 10.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as OWNER may deem necessary, CONTRACTOR shall make available to OWNER's agents for examination all of such records and shall permit OWNER's agents to audit, examine and reproduce such records. Page 8 of 10 11. Miscellaneous Provisions. 11.01 This Agreement supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 11.02 CONTRACTOR shall not assignor otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 11.03 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the services authorized hereunder. 11.04 If required by law, CONTRACTOR shall file Conflict of Interest Statements with OWNER. 11.05 Any dispute which may arise by and between the OWNER and the CONTRACTOR, including the CONTRACTOR's subcontractors, laborers, and suppliers, shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with its construction industry rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three arbitrators, unless the PARTIES agree in writing to submit the matter before a single arbitrator. The arbitrators must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. The arbitrators' decision and award are subject to judicial review for errors of fact or law in accordance with Section 1296 of the Code of Civil Procedure, by a Superior Court of competent venue and jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the contrary, prior to the appointment of the arbitrators, all disputes shall first be submitted to non - binding mediation, conducted by either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc. /Endispute, in accordance with their respective rules and procedures for such mediation. In any arbitration or litigation arising out of this Agreement, or the performance of any obligation under this Agreement, the arbitrators or the court in such arbitration or litigation shall award costs and expenses of arbitration or litigation, including mediation and arbitration fees and expenses, expert witness fees and attorneys' fees, to the prevailing PARTY. Page 9 of 10 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement as of the day and year first above - written. OWNER: CONTRACTOR: CITY OF BEAUMONT Kad Paving Company. B Y f. By Mayor, City Coun Print Namel)acy W �1�-- Title -4* 1 � Page 10 of 10 CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Erosion Repair on Oak Valley Parkway) TASK ORDER NO.: One CONTRACTOR: Name: Address: Telephone: Fax: E -mail: Fed. Tax Id.: Kad Paving Company dba Kad Engineering 12173 10`h Street, Yucaipa, CA 92399 (909) 790 3366 (909) 790 3369 kadpaving @yahoo.corn 27- 0618394 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and Kad Paving Company ( "CONTRACTOR ") dated April 5, 2011 (the "AGREEMENT "). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following task (choose and check one): See Exhibit "A ", attached hereto Description of Task: _Erosion repair on Oak Valley Parkway 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before May 31, 2011. 3. Liaison of OWNER. Mr. /Ms. Rob Owen, Construction Manager shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assi ng ments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: (Check if this Paragraph 4 Not Applicable: ) Donald Wheeler Jr Page 1 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _xx) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not -to- exceed lump sum of $ 6,958.00 payable as follows: 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) shall/ _xx_ shall not /be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order (choose and check one): x_ Not applicable See Exhibit "A ", attached hereto; or below. Dated Description: IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated CITY OF BEAMONT By 4: CONTRACTOR: Kad Paving Company Dated: By 1,J omo W Ylee.kCle— --:�7 (a— Print Name , Pce E. Title Page 2 of 2 STAFF REPORT Agenda Item 3 . TO: Mayor and Council Members FROM: City Manager dr, DATE: April 5, 2011 SUBJECT: Award Agreement and Task Order for Erosion repair on Oak Valley Parkway. Background and Analysis: During the recent rains there has been erosion on the shoulder at Oak Valley Parkway between Palmer and the Golf Course Maintenance Yard which could lead to a safety hazard. Therefore, proposals were requested from qualified contractors to repair the erosion. The results are summarized below: KAD Paving: $6,958.00 DCI : $7,350.00 Tyner Paving: $7,454.00 Fiscal Impact: The proposed project will not impact the General Fund. This project will be funded by Transportation Funds. Recommendation: Staff recommends AWARD of an Agreement and Task Order with KAD Paving Company., APPROVAL of the Project Progress Report, AUTHORIZATION of the Mayor to execute the Agreement, Task Order and Project Progress Report subject to the authority of the City Attorney to make non- substantive changes. W.apa mitted; MO KAD PAVING COMPANY DBA KAD ENGINEERING 1217310TH STREET Phone: (909) 790 -3366 YUCAIPA, CA 92399 Cell #: (909)721 -1020 GEN. CONTRACTORS " A " LIC # 937845 & C -12 Fax: (909) 790 -3369 PROPOSAL S17BMITTED TO: ROB PHONE: FAX: CONTRACT /PROPOSAL WORK TO BE PERFOR.11ED AT.• CITY OF BEAUMONT ATT: ROB Date: 03- 28-2011 KAD Paving Company will provide all materials, perform all labor, and supply all equipment for the completion of the project(s) specified below. KAD Paving Company guarantees the usage of all materials specified within the contents of this contract/proposal. - IMPORT 150 CY OF BASE MATERIAL -GRADE EXISTING DIRT ON OAK VALLEY PARK WAY - COMPACT SUB -GRADE BEFORE PLACEMENT OF BASE - INSTALL/GRADE 150 CY OF BASE MATERIAL -ROLL FOR MAXIMUM COMPACTION (95% OR GREATER) - PROVIDE TRAFFIC CONTROL TOTAL.......................... ............................... ......................$6,958.00 EXCLUSIONS: BONDS, FEES, ASSESSMENTS, PERMITS ,SURVEY,ENGINEERING,HAZARDOUS MATERIAL HANDLING OF ANY KIND,REMOVE /REPLACE /RELOCA1 E IN1 EI( ER1NCi u 11LIE5, WA ILK NUUKUh* Acceptance of Proposal The above work to be performed in accordance with drawings and the specifications submitted for The above work and complete in a workmanlike manner for the sum of: SIX THOUSAND NINE HUNDRED FIFTY EIGHT DOLLARS With Pavments to be made as follows: Upon Completion Any alteration or deviation from the specifications provided herein, will be executed only upon written orders, and will become an additional charge over and Above the estimate(s) provided in this document. Buyer agrees to pay all court costs and reasonable attorneys fees in the event of default or if this Contract submitted to an attorney for enforcement purposes. Owner renders Contractor harmless and agrees to relieve Contractor of all liability for any unsatisfactory Results in the event that the Owner shall require Contractor to lay asphalt on sub - grade, which in the opinion of the Contractor, in unsatisfactory. Contractor is not responsible for damage to underground utilities or lines unless such utilities or fines have been properly staked in advance of operations. Damage caw: by others to seal -coat, striping and surrounding area after back -fill seal -coat has been applied is the sole responsibility of Owner and Owner accepts full liabilil for such damage. Contractor is not responsible for back -fill, companion of back-fill installed by others, refieoKAe oradking on surface - areas, and pre - existing engineering in respect to drainage. Owner accepts full liability for the aforementioned. All engineering, testing, inspection, and permit fees have been exclude from the contents of this contract and shall be deemed as collateral to contents of this Contract. This proposal shah expire in 60 days.. Payment is due at completion of work. Interest will accrue @ 10% plus costs daily after 30 days" .Material costs are only valid for 30 days from date of this proposal . Upon acceptance of bid, please complete the following information (per section 3097 California Civil Code Procedure). Sign and return one copy. Owner: Address: Construction Lender: Address: General Contractor: Address: Print Name: Signature: Submitted By: Donnie Wheeler Jr. By: Donnie Wheeler Jr. 28- Mar - I 1 Ori inal Copy ice DUST CONTROL INC. 22904 BANBURY CT MURRIET'A, CA 92562 CSL #867746 951- 760 -5375 Estimate Date Estimate # 328/2011 OVP328 Name / Address CITY OF BEAUMONT 550 E. SIXTH ST BEAUMONT, CA 92223 Project Description Qty Rate Total 328/11 OAK VALLEY PARKWAY IMPORT APROX 150CY OF DIRT PLACE AND COMPACT ARREARS THAT ARE ERODED FROM RAINS GRADE TO DRAIN, TRAFFIC CONTROL NEEDED AND INCLUDED. ALL WORK TO BE INSPECTED AND DIRECTED BY CITY OF BEAUMONT. LUMP SUM 7,350.00 7,350.00 INCLUDES LABOR, EQ,MOVE ON/OFF,MATERIAL THANK YOU BOB Total $7,350.00 03/2.8/2011 08:58 FAX TYNER PAVING COMPANY 1598 W. Second Street - Pomona, CA 91766 Tel: (909) 865 -7283 - Fax: (909) 868 -0161 - License No. 676195 Class A, C -12 To: City of Beaumont Address: Attention: Rob Company proposes the PROPOSAL Date: 3 -23-11 Job Description: Backfill gas line trench Project: Gaurdrail & Backfill Project Elm St. S /of Oak Vatley Phone: 1. Install approx. 150 CY. class 2 base over existing gas line. 2. Provide traffic control for entire grading operation. Totai = $7,454.00 Fax: TOTAL PRICE: ESTIMATOR: Craig Thomas Exclusions: Permits, testing, inspections, subgrade recompaction and engineering. Z002 IMPORTANT CONDITIONS- TERMS, UNLESS SPECIFIED TO THE CONTRARY ABOVE, NET CASE TO BE PAID ON COMPLETION OF JOB, AS DEFINED IN CALIFORNIA CIVIL CODE § 3086. TYNER PAVING COMPANY shall not be liable for any damage to or breakage of underground pipes and/or conduits not visible from the surface of the ground nor for any damage to approaches (Including sidewalk) from street to property line, 1. No guarantee of drainage on re- surfacing.jobs unless otherwise specIled in the above contract 2. No guarantee of re- growth of vegetation on re- surfacing jobs unless otherwise specked in the above contract. 3. No guarantee on cracking on re- surface jobs unless otherwise specified in the above contract 4. No guarantee on patch or seal project, or cracking, vegetation or surface finish. 5. Price good for 30 days from date of proposal unless otherwise noted above. Accepted by: Date: Proposal must be signed and returned to Tyner Paving Company before work can commence. Transportation Funds Source of Funds: Contract April 5, 2011 Date: Const. Budget: $ 6,958.00 CITY OF BEAUMONT PROJECT PROGRESS REPORT Project Name: Repair of Erosion on Oak Valley Parkway between Palmer and Golf Course Contractors: KAD Paving Problems or Delays During Report Period: -No delays Change Orders: • No Change Orders Recommendation(s) for City Council Action: Approve and execute agreement. Approved and authorized b y: � I lvla6Z Signature Date of City Council Approval CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Erosion Repair on Oak Valley Parkway) TASK ORDER NO.: Two CONTRACTOR: Name: Kad Paving Company dba Kad Engineering Address: 12173 10`" Street, Yucaipa, CA 92399 Telephone: (909) 790 3366 Fax: (909) 790 3369 E -mail: kadpaving @yahoo.com Fed. Tax Id.: 27- 0618394 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and Kad Paving Company ( "CONTRACTOR ") dated April 19, 2011 (the "AGREEMENT "). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following task (choose and check one): See Exhibit "A ", attached hereto Description of Task: _Erosion repair on Oak Valley Parkway 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before May 31, 2011. 3. Liaison of OWNER. Mr. /Ms. Rob Owen, Construction Manager shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: (Check if this Paragraph 4 Not Applicable: ) Donald Wheeler Jr Page 1 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _xx) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not -to- exceed lump sum of $ 22,056.75 payable as follows: 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) shall/ _xxshall not /be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order (choose and check one): x_ Not applicable See Exhibit "A ", attached hereto; or Description: IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated below. Dated: I/ —A -1 CITY OF BEAMONT CONTRACTOR: Kad Paving Company Dated: By Print Name Title Page 2 of 2 7 � By CONTRACTOR: Kad Paving Company Dated: By Print Name Title Page 2 of 2 STAFF REPORT Agenda Item TO: Mayor and Council Members FROM: City Manager DATE: April 19, 2011 SUBJECT: Award Agreement for Emergency Repairs on Oak Valley Parkway Background and Analysis: During the recent rains on March 23, 2011 there was heavy erosion on south side of Oak Valley Parkway, east and west of the Centennial Memorial Bridge adjacent to the railroad. The Sewer force mains and four sewer man holes were exposed and were required to be protected to prevent any damage and spills from taking place. Proposals were requested from qualified contractors to repair the erosion by importing and placing rip rap and back filling the slopes to protect the sewer line. The results are summarized below: KAD Paving: $22,056.75 Moody Construction: $24,750.00 Jeremy Harris Construction: $26,964.00 On April 5, 2011, the Council approved a contract for KAD Paving for erosion repair on oak Valley Parkway. The proposed task order could be issued in accordance with that contract. Fiscal Impact: The proposed task order will not impact the General Fund. The project will be funded by Transportation Funds. Recommendation: Staff recommends RATIFICATION of Task Order No. 2 for KAD Paving Company, APPROVAL of the Project Progress Report and AUTHORIZATION of the Mayor to execute the Task Order and Project Progress Report subject to the authority of the City Attorney to make nonsubstantive changes. CI OF EA O T Alan C. apanicas City M, CITY OF BEAUMONT YKUJIhu'l' YKUIiKLNN K-LYUKI Transportation Funds Project Name: Repair of Erosion on south side of Oak Source of Valley Parkway east and west of Centennial Bridge Funds: adjacent to Railroad Contract April 19, 2011 Contractors: KAD Paving Date: Const. Budget: $22,056.75 A &E Budget: As per Qualified Contractors Project Start Date: March 2011 Report Period: April 2011 Work Completed During Report Period: Request for proposals were sent, proposals were evaluated and emergency repair carried out Problems or Delays During Report Period: •No delays Change Orders: • No Change Orders Recommendation(s) for City Council Action: Approve and execute agreement. Approved and authod ed , y: M or Signature Date of City Council Approval City of Beaumont 0 CHANGE ORDER & TASK ORDER AUTHORIZATION REQUEST Existing Public Works Contracts NAME OF PROJECT: Erosion repair on Oak Valley Parkway PROJECT N0. (internal use) FUNDING SOURCE: Transportation Funds CONTRACTOR: KAD Paving CHANGE ORDER NO. 1. TYPE OF CHANGE ORDER (check one): 2. AMOUNT OF CHANGE ORDER: 3. REASON FOR CHANGE ORDER: 4. WHO MUST AUTHORIZE: CONTRACT DATE: 4 -19 -2011 CONTRACT AMOUNT: $22,056.75 ADDITIVE ❑ DEDUCTIVE City Manager: a. For contracts of $50,000 dollars or less, a change or cumulative change shall not exceed the total of $5,000.00 dollars. b. For contracts of more than $50,000.00 but less than $250,000.00, a change or cumulative changes shall not exceed a total of 10% or the original contract amount. c. For contracts of $250,000.00 or more, a change order or cumulative change orders shall not exceed $25,000.00 plus 2% of the original contract in excess of $250,000.00. jCity Council: for change orders which exceed the City Manager's authority. TASK ORDER NO. _2_ 1. DESCRIPTION OF WORK: _Erosion repair on Oak Valley Parkway 2. AMOUNT OF TASK ORDER: $22,056.75 3. QUALIFIED TASK (check one): ! x YES NO 4. UNIT PRICING CONFORMS TO CONTRACT (check one): JI YES NO I have reviewed and prepared this change order / task order request in accordance with Beaumont Municipal Code: Title 3 — Section 3.02. Public Works Director City Attorney: AUTHORIZATION City Manager: Mayor (as applies): Date: Date: Date: Date: Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6th Street, Beaumont, California Regular Session (6:00 p.m.) Closed Session (After Regular Session) Tuesday, October 19, 2010 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. a Street during normal business hours" REGULAR SESSION Regular Session began at 6:05 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge, Council Member Gall, and Council Member St.Martin were present. Mayor Pro Tern Berg and Council Member Fox were absent. Invocation: Mayor De Forge Pledge of Allegiance: Mayor De Forge Presentation: None Adjustments to Agenda: Motion by Council Member St.Martin, Seconded by Council Member Gall to add Agenda Item 4.d to the agenda - Authorization to File Amicus Letter in support of Petition for Writ of Prohibition: Western Riverside Council of Governments v. California Energy Commission, Case No. RIC 10005849 ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s) wishing to speak must fill out a `Request to Speak Form" and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. Judy Bingham - Contracts Comments Tracy Salinas - Business Expo Update and Thank the City for their support David Castaldo - Would like to see the City put up a Memorial for Anthony Martinez with the help of the local service clubs. Sarah Lockhart - Proud to be an American, Comments on the upcoming Election Pam Reinn - Campaigning/Election Comments Lynn Bogh Baldi - Visiting Nurses Association Hospice Program - Wednesday November 10, 2010 - Highland Springs Resort Jack Easton - Riverside Land Conservancy - San Timoteo Regional Park - Thank the City for Securing the Access Point. Alan Gooch - Development /Investments/Business in Beaumont Brenda Knight - Shop the Pass Bruce Murriell - Update on Recycling Day and Thank you Sean Balingit - Thank the City of Beaumont and Staff for the support to the Chamber of Commerce and providing the City with public good. Jim Stewart - Economic Stimulus Plan 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 - Business Expo, Beaumont- Banning Football Game & Homecoming, Dahl Memorial b) Mayor Pro Tern Berg - Absent C) Council Member Fox - Absent d) Council Member Gall - Disagreed with the speakers regarding Election and Campaign issues. e) Council Member St.Martin - Dahl Memorial, Business Expo, Urban Land Institute Seminar 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Community Information and Local Project Update 1) Sustainability Update a) Beaumont Foundation Update b) Road Improvements 1) Bike Path 2) Cherry Valley & Palmer Update C) Fire Museum Update d) Beaumont Economic Stimulus Business Expansion Program 2) Project Update a) Beaumont Cares 1) City Cleanup Day October 16, 2010 2) San Timoteo Creek Cleanup 3) See Something, Say Something - Honorable Mentions b) Signs 1) Election Signs - September 17, 2010 through November 12, 2010 b. Calendar of Events (candidates agreed to have all signed picked up no later than 11/12/10) 1) October 23, 2010 - Disc Golf Course Opening — Oak Valley Park 1 } October 27 - 30, 2010 - Haunted Halloween Maze Civic Center 6pm 2) October 31, 2010 - Trunk or Treat & Zombie Walk - Sports Park 3) November 5, 2010 - Fire Department Open House & Spaghetti Dinner 5 -8 p.m. 4) Second and Third Wednesday of Each Month - Story Time Cafe C. Rumor Control, and Report on Oral and Written Communications 1) Veile Street (between 110 & 4'" Street) - Street light update 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or discussion.) 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 5, 2010 C. Approval of the Warrant List for October 19, 2010 d. Denial Of Claim — Shauna Dorman e. Approval of the Telecommunications Contract Award to TelePacific and authorize the City Attorney to make Non - substantive changes. f. Approval of Agreement and Task Order with Mamco, Inc. for Repair of Oak Valley Parkway /1 -10 Intersection. g. Award Agreement and Task Order with Kad Paving Company for Street Repair and Pavement Rehabilitation Project. h. Approve $1,000 from Beaumont Foundation for Spirit of Courage Awards. i. Adoption of Resolution No. 2010 -26 & Resolution No. RDA 2010 -03 - Beaumont Economic Stimulus Expansion Program Recommendation: Approval of the Consent Calendar as presented. Discussion on the following: Sheri Laffey - Item 3.h - Thank the City for their consideration of the donation Richard Bennecke - Item 3.i - Economic Stimulus Council Member Gall - Item 3.e Council Member St.Martin - Item 3.f Motion by Council Member StMartin, Seconded by Council Member Gall to approve the consent calendar as presented. Vote 310 4. ACTION ITEMSIPUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a Public Hearing, discussion, and/or Council direction.) a. Ordinance No. 983 - Amending Chapter 8.08 of the Beaumont Municipal Code to Authorize Summary Abatement of Combustible Vegetation Recommendation: Hold a Public Hearing and approve the first reading of Ordinance No. 983 as presented. Staff report was given by Keith Hightower, Building Department Open Public Hearing 7:34 p.m. No Speakers Closed Public Hearing 7:35p.m. Motion by Council Member StMartin, Seconded by Council Member Gall to approve the first Reading of Ordinance No. 983 as presented. Vote: 310 b. Application for CDBG Funding for 2011 -2012 Recommendation: 1) Hold a Public Hearing; 2) Approval and Authorization to prepare and submit CDBG applications for Public Improvement Projects including Sidewalk repair and addition of new sidewalks; 3) Approval and authorization to prepare CDBG applications for Non - Profit Public Programs including ADV, subject to the condition that ADV apply for and receive funds from the County or other EDA participating cities; and 4) Give authority to the City Manager to reduce or increase the amount funded to the sidewalk repair and addition of new sidewalks. Staff report was given by Rebecca Deming, Asst. Planning Director. Open Public Hearing 7:40 p.m. No Speakers Closed Public hearing 7:41 p.m. Motion by Council Member Gall, Seconded by Council Member St. Martin to approve as presented. Vote: 310 C. Proposed Annexation of New Beaumont Stadium Site, Located North of Brookside Avenue and West of Beaumont High School Recommendation: 1) Hold a Public Hearing; 2) Provide specific direction to staff with regard to infrastructure improvement obligations, in order for staff to incorporate City Council direction into necessary City Action, relative to the annexation; and 3) Continue these matters to the City Council Meeting of November 16, 2010 in order to permit City Council direction to be incorporated. Mayor De Forge recused himself and left the dais. Staff gave an informational report. No action taken due to lack of quorum. Item will be heard at the next regular scheduled City Council Meeting. d. Authorization to File Amicus Letter in support of Petition for Writ of Prohibition: Western Riverside Council of Governments v. California Energy Commission, Case No. RIC 10005849 Recommendation: Support for the California Energy Commission in this matter through the filing of the " Amicus Letter in support of Petition for Writ of Prohibition" and authorization of the Mayor to sign on behalf of City Council. Staff report was given by Kelsey De Forge, Customer Service Coordinator Motion by Council Member Gall Seconded by Council Member St.Martin to approve the support letter as presented and authorize the Mayor to execute. Vote: 3/0 Adjoummen"he City Council Meeting at 7:51 p.m. City