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Valley Slurry Seal Co.h q CITY OF ROSEMEAD -. CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR ANNUAL 2011 -2012 SLURRY SEAL PROJECT PROJECT No. 21002 FISCAL YEAR 2011 -2012 IN THE CITY OF ROSEMEAD PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION 8838 E. VALLEY BOULEVARD ROSEMEAD, CA 91770 TELEPHONE: (626) 569 -2151 FAX: (626) 307 -9218 SCHEDULED BID OPENING: MAY 2 2012. PLANS AND SPEGFlCATIONS APPROVED ON: APRQ. 12 2012. CITY OF ROSEMEAD ANNUAL 2011 -2012 SLURRY SEAL PROJECT PROJECT No. 21002 TABLE OF CONTENTS BIDDING DOCUMENTS 1. Notice Inviting Bids ... ............................... ..........................NIB -1 2. Instructions to Bidders ................................ ..........................ITB -1 — ITB -10 3. Contract Bid Forms ........... .............................................. CBF -1 — CBF -12 CONTRACT AGREEMENT 1. Contract Agreement and Insurance Requirements 2. Performance Bond 3. Payment Bond CONTRACT APPENDIX Part "A" - General Conditions.........' ............................... ............ 1 -38 Part "B" - Supplemental General Conditions ...... ............................1 -7 Part "C" - Technical Specifications ............... .................... TP -1 — TP -10 Part "D" - Appendix Exhibit "A" — Base Bid Location Map Street Matrix Striping Exhibit "B° —Alternate Bid Location Map Street Matrix Striping CITY OF ROSEMEAD ANNUAL 2011 -2012 SLURRY SEAL PROJECT PROJECT No.21002 CITY OF ROSEMEAD NOTICE INVITING BIDS PROJECT No. 2012 -09 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive sealed bids up to 10:30 o'clock A.M. on Wednesday, the 2 Day of May. 2012 in the office of the City ANNUAL 2011 -2012 SLURRY SEAL PROJECT PROJECT No. 21002 The project consists of crack sealing, 760 ELT slurry seal type II, striping and other related work as described in the Specifications and Contract Documents; by this reference, made a part hereof. The estimated amount of this project is $185,000.00. The successful bidder shall have THIRTY (30) calendar days to complete the work.. Liquidated damages shall be $500.00 per calendar day. i Plans, Specifications, and Contract Documents may be! obtained at the office of the City Clerk of the CITY OF ROSEMEAD, 8838 E. Valley Boulevard, Rosemead, California 91770, (626) 569 -2177, for a non - refundable charge of $25.00 and $40.00 if mailing is requested. Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. No bidder may withdraw his bid for a period of sixty -one (61) days after the above bid opening date The CITY OF ROSEMEAD will affirmatively insure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "A ", "C12" or "C32." license in good standing at the time Bids are received. i The Council reserves the right to reject any and all bids or minor irregularity in any bid submitted. An award of service shall not be final until the bids have the City has been signed by the selected firth and by the Award of Service Agreement is proposed for May 8 TH , Dated this GLORIA MOLLEDA CITY CLERK Publish: April 1V & 26'", 2012. 2012. NIB -1 to waive any informality, technical defect reviewed and a Service Agreement with 2. CITY OF ROSEMEAD ANNUAL 2011 -2012 SLURRY SEAL PROJECT TABLE OF CONTENTS Pane 1. AVAILABILITY OF BID DOCUMENTS ................................................ ............................... 1 2. EXAMINATION OF BID DOCUMENTS ............................................... ............................... 1 3. INTERPRETATION OF BID DOCUMENTS ........................................ ............................... 1 4. INSPECTION OF SITE; PRE -BID CONFERENCE AND SITE WALK .............................. 2 5 . ADDENDA ................................................................................. ............................... ....2 6. PREPARATION OF BIDS .................................................................... ............................... 2 7. ALTERNATE BIDS ...... ................................................................ ............................... 3 8. MODIFICATIONS OF BIDS ................................ ..... ........................................................... 3 9. SIGNING OF BIDS .............................. I ............... ................................................................ 3 10. BID GUARANTEE ( BOND) ................................................................. ............................... 4 11. SUBMISSION OF SEALED BIDS ....................................................... ............................... 4 12. DELIVERY AND OPENING OF BIDS ............... ................................. ............................... 5 13. WITHDRAWAL OF BID ...................................................................... ............................... 5 14. AWARD PROCESS ............................................................................ ............................... 5 15. DESIGNATION OF SUBCONTRACTORS ......................................... ............................... 5 16. LICENSING REQUIREMENTS ........................................................... ............................... 6 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID ................... 6 18. INSURANCE REQUIREMENTS .......................................................... ............................... 6 19. REQUIRED BIDDER CERTIFICATIONS ................................. :......................................... 6 20. BASIS OF AWARD; BALANCED BIDS ............................................... ............................... 6 21. FILING OF BID PROTESTS ..............................!................................. ............................... 1 7 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS ............................... 7 23. EXPERIENCE AND TECHNICAL REQUIREMENTS ......................... ............................... 7 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES............ 8 25. EXECUTION OF CONTRACT ............................ I................................................................ 8 26 . OWNER RIGHTS ............... ............................... I................................. ............................... 8 27. BIDDER'S RESPONSIVENESS ........................ ................................. ............................... 8 28. BIDDER'S RESPONSIVENESS CHECKLIST .. I ................................. ............................... I 8 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS 9 30. RESPONSIBILITY CRITERIA ............................ I................................. .............................10 fYTW INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders ( "ITB'). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. 1. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part ofhe Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the Notice Inviting Bids. The Owner may also make the Bid Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidderswho choose to reviewthe Bid Documents at a plan room must contact the Owner to purchase the required Bid Documents if they decide to submit a bid for the Project. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via telex, telegram or facsimile to the Owners Project Engineer. Any response that the Owner may choose to make for purposes of interpretation or clarification, will be in writing and made available to all the listed holders of the Bid Documents. The Owner will respond to all writtenffaxed Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of the Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract ITB - 1 e. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications Part "E" - Drawings Part "F" - Performance Bond Part "G" - Payment Bond Any Addenda Issued by the Owner 4. INSPECTION OF SITE; PRE -BID CONFERENCE AND SITE WALK Each prospective bidder is responsible forfully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. S. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, H any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number'to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by telex, telegram, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Development Services Department to verify that he has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, 4 any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Cc Documents. The use of substitute bid forms other thi provided bythe Ownerwill not be permitted and may res Bid Letters shall be executed by an authorized signa Bidders. In addition, Bidders shall fill in all blank spaces and initial all interlineations, alterations, or erasures to it delete, modify, nor supplement the printed matter on the thereon. USE OF INK, INDELIBLE PENCIL OR A TYP tract Bid Forms provided with the Bid clear and correct photocopies of those in the Bid being declared nonresponsive. ry as described in these Instructions to icluding inserting "N/A "where applicable) Contract Bid Forms. Bidders shall neither :ontract Bid Forms nor make substitutions NRITER IS REQUIRED. ITB - 2 7. ALTERNATE BIDS If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on the basis of the base bid only, but the Owner may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. Since the time for the alternate bid items has already been factored into the Contract Time, no additional Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expense's which will be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one or more particular bid items. 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in accordance with the instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, norsupplementthe printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. 9. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particularjoint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract If awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or ITB -3 extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. i If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form furnished by the Owner, d one substantially in conformance with the Owner's form if previously approved in writing by the Owner. i Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. i After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all Bidders their Bid guarantees 11. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents herein have been completed and signed as set forth above, they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials required by these instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the following in the lower left -hand comer thereof: I Bid of (Insert Name of the Company) I for the ANNUAL 2011 -2012 SLURRY SEAL PROJECT No consideration shall be given by the Owner to bid proposals received afterthe date and time set for the opening of bids as provided in the Notice Inviting Bids. 12. DELIVERY AND OPENING OF BIDS Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date and time shown therein. The Owner will leave unopened any Bid received after the specked date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids maybe submitted earlier than the dates(s) and time(s) indicated Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. ITB -4 13. WITHDRAWAL OF BID Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the Owner, the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner because of the damage resulting from the delay in the execution of the Contract and in the performance of Work thereunder. 14. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City Council will make all necessary decisions and awards. The apparent successful bidder should at this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the required documents and certifications. Regardless whether the successful bidder supplies the required documents and certifications in a timely manner, the Contract Time will begin to run seven (7) Working Days from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and executed documents and certifications from the successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder. 15. DESIGNATION OF SUBCONTRACTORS Pursuantto state law, the Bidders must designate the name and location of each subcontractor who will perform work or render services forthe prime Bidder in an amountthat exceeds one -half of one percent (0.5 %) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, aswell as any others requested by the Owner, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. ITB - 5 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidderslabove, Biddershall provide the Ownerwith four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do business in California, and satisfactory to the Owner. 19. REQUIRED BIDDER CERTIFICATIONS Bidders must comply with the following: j A. CONTRACT BID FORMS: Within the Con ltract Bid Documents the bidder must certify to various information, including but not limited to, the accuracy of the representations made in the Contract Bid Forms . B. NON- COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each Bidder must execute and submit with its bid the statutorily mandated non-collusion affidavit included in the Bid Documents. 20. BASIS OF AWARD; BALANCED BIDS The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid which, in its opinion when compared to other; bids received or to the Owner's internal estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or exclude any of the bid items and aKemate bid items at its sole and absolute discretion, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject as non - responsive any bid which unevenly weights or allocates overhead and profit to one or more particular bid items. 21. FILING OF BID PROTESTS Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a Bidder's protest to be considered valid, the protest must 4 . A. Be filed in writing within five (5) Working Days after the bid opening date. B. Clearly identify the spec accusation involved. C. Clearly identify the specific Owner Staff /Board recommendation being protested. D. Specify, in detail, the grounds of the protest and the facts supporting the protest. E_ Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one o I f these requirements, it will be rejected as invalid. ITB - 6 If the protest is valid, the Owner's Project Engineer, or other designated Owner staff member, shall review the basis of the protest and all relevant information. The Project Engineer will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the Project engineer to the City Engineer. 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded shall deliver to the Owner four identical counterparts of the Performance. Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100 %) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100 %) of the Total Bid Price. Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine whether Bidders have the necessary experience in order to responsibly cant' out the Work. Each Bidder shall answer all questions -and provide information requested by the Contract Bid Forms. 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Bid Documents. 26. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds, in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications to ITB -7 perform the work described in these Bid Documents. The Owner reserves the right to A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications, without exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner /joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% of the Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non - Collusion Affidavit; and D. Completed and properly executed Bidder Information Forms. i If the Bidder is a joint venture, each joint venturer shall pl forms, if needed, can be obtained from the Owner, or pt and submit a separate form. Extra iied by the Bidder, if necessary. I 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS A. Contract Bid Forms The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda - Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. B. List of Proposed Subcontractors (Forms) State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one -half of one percent (0.5°x) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent (0.5 %)of the Total Bid Price. (2) Location For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type /portion of work to be performed in the Contract. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. II� 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of the Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance: A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: I (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; i (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or. the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS BIDDERS ITB - 10 .... �1. CITY OF ROSEMEAD ANNUAL 2011 -2012 SLURRY SEAL PROJECT PROJECT No. 21002 CONTRACT BID FORMS Valley Slurry Seal Company BIDDER: CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE ....................................................................... ............................... 1 SECTION 2 BID DATA FORMS ................................................................... ............................... 5 2 .A BID BOND . ............................................................................ ............................... 6 2.13 LIST OF PROPOSED SUBCONTRACTORS .......................... ............................... 7 SECTION 3 NON - COLLUSION AFFIDAVIT .............................................. ............................... 10 i BIDDER: Valley Slurry Seal Com pany SECTION 1 - BID SCHEDUL BIDDER: Valley Slurry Seal Company BID SCHEDULE SCHEDULE OF PRICES FOR ANNUAL 2011 -2012 SLURRY SEAL PROJECT PROJECT No. 21 BASE BID SCHEDULE IM, - a. CBF -1 TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $ UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and specifications. LS 1 15,000.05 15,000 -pry 2 Disposal of Waste Materials LS 1 2-500. M 2,500.00 3 Crack Sealing LS 1 40, 000, C0 40, 000-00 4 Slurry Seal Type II — See Exhibit "A" on Appendix per street �� (� co locations & areas. ELT 760 5 Traffic Striping and Pavement Markers — See Exhibit "A" on the Il0 Appendix per details. LS 1 1 IM, - a. CBF -1 TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $ BIDDER: Valley Slurry Seal Coml ALTERNATE BID ITEM No. 1 ALTERNATE BID PRICE: TOTAL BASE BID AND ALTERNATE BID PRICE: -`AMA— hump to that Dollar amount in written form $ — 1(D' (D0()-00 s 330,'tg4 "0y The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to Include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project Vr Attached hereto is a certified check, a cashier's check or a bid bon in the amount of Dollars ($ )said amount being not less than ten rcent (10%) of the Total. Bid Price. The undersigned agrees that said amount shall be retained by the Owner ff, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a.Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliverto the Ownerwithin that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. CBF -2 UNIT OF EST. UNIT REM NO. ITEM DESCRIPTION MEASURE CITY. _ PRICE COST 6 Clearing & Grubbing per plans and 5 5,OCO.O0 specifications. LS 1 7 Disposal of Waste Materials LS 1 - 2,500.00 2,500.00 8 Crack Sealing LS 1 li I 11,(0 00.00 9 Slurry Seal Type II - See Exhibit "B" on the Appendix per street 3M-00 5Z ��0.00 locations & areas. ELT 175 10 Traffic Striping and Pavement Markers - See Exhibit °B" on the 5 =.tom 15WO. Appendix per details. LS 1 ALTERNATE BID PRICE: TOTAL BASE BID AND ALTERNATE BID PRICE: -`AMA— hump to that Dollar amount in written form $ — 1(D' (D0()-00 s 330,'tg4 "0y The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to Include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project Vr Attached hereto is a certified check, a cashier's check or a bid bon in the amount of Dollars ($ )said amount being not less than ten rcent (10%) of the Total. Bid Price. The undersigned agrees that said amount shall be retained by the Owner ff, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a.Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliverto the Ownerwithin that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. CBF -2 Valley Slurry Seal Company BIDDER: The undersigned offers and agrees that if this bid is acc it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentaticn, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amount of $500.00 per calendar day and subject to the terms and conditions described in the Contract Form and the Contract Documents if project is not completed in thirty (30) calendar days. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. o . Addenda Nos. ykj The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -3 BIDDER: Valley S lurry Seal C ompany By Title _ l Date 3 QtCnneA Or Business Street Address City, State and Zip Code q Ito- Telephone Number Bidder's /Contractor's State of Incorporation: oF:.`1�brC is Partners or Joint Venturers: Bidders License Number(s): 9 - 1 GL I NOTES: 1) 2) 3) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. If Bidder is a corporation, enter State of Incorporation in addition to Business Address If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -4 Alen 8. l(nPr Type or Print Name BIDDER: Valley Slurry Seal Company SECTIOM 2 BID DATA FORMS CBF -5 September 1, 2010 To Whom It May Concern: I, Diane M. Minor, duly - elected Secretary of Valley Slurry Seal Company, state that the following resolution is a true and exact copy of that resolution adopted by the Board of Directors of Valley Slurry Seal Company, March 1, 1988. i..au .ea .. .a. ........ .ae• v•..n•as ...... ...asaa.eea....s....e.ssseeve.ae• "NOW, THEREFORE, be it resolved that Alan S. Berger as duly elected Vice- President, be authorized to sign any and all bids and /or contracts, and /or I legal documents for Valley Slurry Seal Company, a California Corporation, and that his signature shall be binding on the corporation." .0 ....... o n ................ 0 ........................ 9.................... Di n M. nor - ecre Valley Slurry Seal Company A California Corporation 3785 Channel Drive West Sacramento, CA 95691 P.O. BOX 981330 • WEST SACRAMENTO, CA 95798 • PHONE (916) 373 -1500 FAX NO. (916) 373 -1438 • CONTRACTOR'S LICENSE NO, 293727A PRVEMEr1T MR1r1TEr1RncE SPECIRLISTS e BIDDER: Valley Slurry Seal Com pany Bidder shall submit Its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly Identified with the Bidder's name and page number. 2 • � : ■ KNOW ALL MEN BY THESE PRESENTS: THAT Val as ' as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) In the sum of 1096 of Total Amount of the Bid ($ 7076.0t BIC Amount ) , being not less than ten percent (10 %) of the Total Bid Price; forthe payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, Jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Annual 2011 -2012 Slurry Seal Protect as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated May 2. 2012 NOW, THEREFORE, if said Principal Is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters Into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obllgatlon shall be null and vold; otherwise It shall remain In full force and effect. In the event suit is brought upon this bond by the OWNER and Judgment is recovered, said Surety shall pay all costs Incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 26th Valley Slurry Seal�Oompany By: dayof April 20 12 `"E ^°•ern Surety Company By: CBF -6 it. ACKNOWLEDGMENT State of California County of Yolo On April 27, 2012 before me, Jamie Davis - Holtz, Notary Public (insert name and title of the officer) personally appeared Alan S. Berger who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JAMIE DAVIS -NOLTZ Commission # 1929985 i • `O Notary Public - California i Yolo County > My Comm. Expires Apr 21. 2015 Signature (Seal) r ACKNOWLEDGMENT State of California County of Sacramento On April 26, 2012 before me, Rosalie A. Miszkiel, Notary Public (insert name and title of the officer) personally appeared P.A. Gouker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ROSALIE A. MISZKIEL WITNESS my hand and official seal. COMM. #1818581 ; m Notary Public- Calffomia a SACRAMENTO COUNTY AJy Comm, �. Nov.1 &2012 Signature — (Seal) .o Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint David Weise, Thomas R Hucik, Rosalie A Miszkiel, P A Gonker, Nicki Moon, Individually of Rancho Cordova, CA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 14th day of April, 2011. WESTERN SURETY COMPANY r 5 0.0.ET} C Q 3 7 Aq� �� P rki"Asdx Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this lath day of April. 2011, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the sea[ of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires `M1M1hhM144h4hM1M1M1M14M14444M14M141 D. KRELL November 30, 2012 j ,^ NOTARY PUBLIC ^ f i (& NOTARY DAKOTA SEAL }h4M1hh4444444hhhhhh44444� D. Krell; Ndftry Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 26th day of April 2012 ,apsPOq WESTERN SURETY COMPANY S TN nPMe f < Dann F4280 -09-06 <L.V- -�--� L Nelson, Assistant Secretary '. o.. 13 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY 1 This Power of Attorney is made and executed pursuant to and by authority: of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. BIDDER: Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of ($ ) , being not less than ten percent (10 %) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Annual 2011 -2012 Slum Seal Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this day of , 20_ Principal By: Signature Surety EAL) By: Signature XaM BIDDER: Valley Slurry Seal Company 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one -half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104,11he Owner has determined that it will allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for; any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5 %) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in 'excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -7 BIDDER: Valley Slurry Seal Co mpany 2,13 LIST OF PROPOSED SUBCONTRACTORS (continued) I"Dupacate Nerd 2 Pages if needed for lWng additional anbcentractora, I Name and Location Description of Work of Subcontractor to be Subcontracted Name: �.hCIS(J W�11G�C\�IflpinC� Address 2-2W Li V6& w � J Bloomin�tp(�, c ct2311n Name and Location of Subcontractor Name: Y*D PdYI(v9 �C(l�ri` 1 Address IZI1� I P-P yuca�ea, cP ca-31M Name and Location of Subcontractor Name: Address: Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted U()1M x1z\ Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted CBF -8 BIDDER: Valley Slurry Seal Company 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: Name Name and telephone number of person familiar with project amount. 2. Name and Address of Owner i Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project i Contract amount Type of Work Date Completed 4. Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -9 VALLEY SLURRY SEAL CO. OWNER CONTACT PROJECT PROJECT DATE DESCRIPTION AMOUNT COMPLETE 2008 References City of Sacramento Greg Smith 2008 Seal Coat Project $4,322,059.00 Nov -08 915 1 St., Room 2000 916- 808 -8364 RM82 Sacramento, Ca. 95814 -2702 City of Monterey Jeff Krebs Street Resurfacin ((Slurry/ $312,074.00 Oct -08 580 Pacific, Room 7 831- 646 -3921 Asphalt Rubber /Cape Seal Monterey, CA 93940 City of Concord Bruce Good 2008 Slurry Seal $1,090,840.00 Jul -08 1950 Parkside Drive MIS 07 925- 671 -3050 Program Concord, CA 94519 City of Vallejo James Gajkowski 2008 Citywide Slurry Seal Project $215,510.00 Jun -08 555 Santa Clara Street (707) 648 -4319 Vallejo, CA 94590 Placer County Kevin Taber Slurry Seal Various Locations $883,146.00 Oct -08 11428 F Ave. 530 - 889 -7565 Summer 2008 Auburn CA. 95603 -2714 City of Redding Ron DeMaagd Rejuvenating Scrub Seal $727,650.00 Oct -08 777 Cypress Ave. 530- 245 -7113 & Microsurfacing Project Redding, CA 96049 -6071 City of Elk Grove Ann Harrier Microsurfacing $1,102,879.00 Nov -08 8380 Laguna Palms Way 916 -478 -2241 & Chip Seal 2008 Elk Grove, CA. 95758 City of Aliso Viejo Angel Fuenes 2008 -09 Slurry Seal & Rehab 643,989.90 Apr 09 12 Journey Drive Ste 100 949 - 425 -2530 Aliso Viejo, CA 92656 City of Temple City Jason Welday 2008 Slurry Program $709,427.18 May -08 9701 Las Tunas Drive 909 -594 -9702 Temple City, CA 91788 City of Whittier 07/08 Pavement Maint. $473,453.00 Feb -08 13230 E. Penn St 562 - 464 -3510 Whittier, CA 90602 Town of Apple Valley Mark Abbott Microsurface 2008 $330,853.00 Aug -08 14955 Dale Evans Parkway (760) 240 -7000 xl7 Project No. 2008 -07 Apple Valley, CA 92307 VALLEY SLURRY SEAL CO. OWNER CONTACT PROJECT PROJECT DESCRIPTION AMOUNT COMPLETE Statement of Experience 2009 City of Concord Dana Gemmell 2009 Slurry Seal Program $969,379.10 100 1950 Parkside Drive 925- 671 -3050 Concord CA 94519 County of Riverside Mike Call Slurry Seal & Cape Seal $4,688,323.00 100 3525 14th Street 951- 955 -6885 Riverside, CA 92501 City of Redding Ron DeMaagd Airfield Pavement $680,374.00 100% 777 Cypress Ave 530- 245 -7113 Preservation Redding CA 96049 Town of Los Gatos Kevin Rohani Street Repair & Resurfacing $520,065.00 100 110 E. Main Street 408- 395 -5340 Program Slurry Seal Los Gatos, CA 95031 Nevada DOT Anita Bush Microsurfacing State Hwy's $1,510,965.00 100% 1263 S. Stewart Street, Room 1 775 -888 -7050 Various Locations Carson City, Nevada 89712 City of Pleasant Hill Shawn Knapp 2009 Street Resurfacing $193,295.70 100% 100 Gregory Lane 925- 671 -5251 Phase II Pleasant Hill. CA 94523 State of California - Caltrans Abdul Aljamal Slurry Seal State Hwy 126 $809,932.00 100 1727 30th Street 818- 364 -2760 Contract 907-3Y2804 Sacramento, CA 95816 Page 3 of 4 2010 City of Sacramento Greg Smith 2010 Seal Coat Project $2,263,449.91 9151 Street 916- 808 -8364 Cape Seal Project Oct. 2010 Sacramento CA 95814 Town of Truckee Daniel Walkins 2010 Slurry Seal Prj. $257,719.05 10183 Truckee Airport Road 530 -582 -2902 CIP 60 -10 -01 $573,840.00 Aug. 2010 Truckee CA 96161 Rubber Cape Seal Napa County Anthony Morales Road Surface Treatment $2,959,235.00 Nov. 2011 1195 Third Street 707- 253 -4351 RSD 10 -37 $664,680.31 Nov. 2010 Napa, CA 94558 11 -013 Napa County Anthony Morales Road Surface Treatment $4,943,869.00 Nov. 2011 1195 Third Street 707- 253 -4351 RSD 10 -38 $281,709.27 Nov. 2010 Napa, CA 94558 City of Woodland Tamera Burnham 2010 ARRA Road Project $351,950.68 Mar -12 300 First Street 530- 661 -5850 Rehabilitation Aug. 2010 Woodland CA 95695 City of San Luis Obispo Mark Williams Microsurfacing Summer 2010 $692,229.95 Aug. 2011 919 Palm Street 805- 781 -7200 Dec. 2010 San Luis Obispo, CA 93401 City of Dublin Steve Yee 2010 Annual Slurry $432,234.66 Dec. 2011 100 Civic Plaza 925- 833 -6630 Surface Project Nov. 2010 Dublin CA 94568 SLURRY SEAL CO. City of Daly City Ravi Gehani Street Slurry Seal $843,292.00 333 90th Street 650- 991 -8000 Cape Seal Project Sept. 2011 Daly City, CA 94015 Town of Los Gatos Kevin Rohani 2010 -2011 Annual Street $257,719.05 41 Miles Avenue 408- 399 -5770 Resurfacing Proj., Asphalt Sept. 2011 Los Gatos CA 95030 Rubber Cape Seal Washoe County Greg Belancio Selected Streets $2,959,235.00 Nov. 2011 101 East 9th Street 775- 328 -2040 Resurfacing Reno NV 89520 11 -013 RTC Scott Gibson 2011 $4,943,869.00 Nov. 2011 1105 Terminal Way, Suite 108 775- 335 -1874 Preventive Maintenance Reno, NV 89502 City of Port Hueneme Kit Nell FY 10 -11 Street $984,957.00 Mar -12 250 N. Ventura Road 805 - 989 -6658 Rehabilitation Port Hueneme, CA 93041 City of Pocatello Randy Gheezi Slurry Seal Type II $269,404.00 Aug. 2011 PO Box 4169 208 -234 -6250 Pocatello ID 83206 -4169 Town of Apple Valley Terry Gregory 2010 -11 Slurry/Micro $1,103,502.00 Dec. 2011 14955 Dale Evans Parkway 760- 240 -7000 Surface Project Apple Valley. CA 92307 Shasta County Ron Fox 2011 Resurfacing $855,517.00 Aug. 2011 1855 Placer Street 530- 225 -5661 Project Redding CA 96001 Town of Truckee Daniel Wilkins 2011 Glenshire 78 „269.00 Jul -11 10183 Truckee Airport Road 530- 582 -2464 Slurry Seal Project Truckee CA 96161 Page 4 of 4 BIDDER: Valley Slurry Seal Company SECTION 3 NON - COLLUSION AFFIDAVIT +�i:iipilll kl'1!!"PHI) 1: 11111111111111611 'Ilili,!,:Pr0bll11111' I "mc. 7 14 1 %U,.IFVi V ainro!,:u3 �IIdd9 •iv,iu:: �^r�J- �'�e' -� i NK .eS too t: +iin,3 Inm03 VM a tltlpll;�!!iNl! III; +;Niup:p ❑eu:• ";rnur•nwp0 LClnn . CBF -10 BIDDER: Valley Slurry Seal Compam NON- COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid deposit or to any member or agent thereof to effectuate a collusive or sham bid. bignarare falan S . (�et�Pr Typed or Printed Na e I VIC'e,�23 OeA Title VG it=s I`ry 1 nYwm Bidder Subscribed and sworn before me This 12� day of — g- gf- Notary u lic in and for the State of California My Commission Expires: 10 -on '/5 (Seal) S. V. HALUZAK Commission i 1955985 Notary Public - Calffomle Yob County My Comm. Expires Oct 29, 2015 CBF -11 CITY OF ROSEMEAD ANNUAL 2011 -2012 SLURRY SEAL PROJECT CONTRACT AGREEMENT PARTIES AND DATE. This Agreement is made and entered into this day of , 20 by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ( "City's and [insert Name of Company], 'a [insert type of entity - corporation, partnership, sole proprietorship or other legal entity] with its principal place of business at [insert address] (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and coIllectively as "Parties" in this Agreement 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility forthe provision of certain services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [insert type of services] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiarwith the plans Of City. 2.2 Project. City desires to engage Contractor to render such services for the [insert Name of Project] ( "Project ") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to fumish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately 'supply the professional [insert type of services] maintenance services necessary for the Project ( "Services "). All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term: The term of this Agreement shall be from [insert start date] to [insert ending date], unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. [insert Name of Company] Page 2 of (insert last page number of agreement] 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the powerto act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement ( "Contractor's Representative "). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his /her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and i [insert Name of Company] Page 3 of [insert last page number of agreement] other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub - contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re -employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Projector the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant +to the indemnification provisions of this Agreement, from any claim or liability arising out of ` any failure or alleged failure to comply with such laws, rules or regulations. k 3.2.9 Insurance. 3.2.9.1 Time for the beginning of and for the direction of this Agree Exhibit D attached to and part of this agreement. Contractor shall maintain prior to insurance coverage as specified in 3.2.10 Safety. Contractor shall ex( injury or damage to any person or property. In shall at all times be in compliance with all applica regulations, and shall exercise all necessary f :e and maintain its work so as to avoid Tying out its Services, the Contractor local, state and federal laws, rules and autions for the safety of employees [insert Name of Company] Page 4 of [insert last page number of agreement] appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractorwith a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not - to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at leastthirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original [insert Name of Company] Page 5 of [insert last page number of agreement] bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the .City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, - an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. if a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar amount]) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized „will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. C itemized statement which indicates work complet Contractor. The statement shall describe the am( since the initial commencement date, or since the as appropriate, through the date of the statement. such statement, review the statement and pay all ntractor shall submit to City a monthly i and hours of Services rendered by int of Services and supplies provided tart of the subsequent billing periods, City shall, within 45 days of receiving Dproved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time durir request that Contractor perform Extra Work. As work which is determined by City to be necessary t but which the parties did not reasonably anticipate this Agreement. Contractor shall not perform, nor I written authorization from City's Representative. the term of this Agreement, City may sed herein, "Extra Work” means any the proper completion of the Project, ould be necessary at the execution of compensated for, Extra Work without [insert Name of Company] Page 6 of [insert last page number of agreement] 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws', which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be [insert Name of Company] Page 7 of [insert last page number of agreement] required to provide such document and other information within fifteen (15) days of the request. i 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: [Insert Name] [Insert Address] [Insert City, State zip] Attn: [Contact Person] CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Such notice shall be deemed made when personally delivered orwhen mailed, forty - eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.4 Attorneys Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all `other costs of such action. 3.5.5 Indemnification. Contractorst its officials, officers, employees, volunteers and age claims, demands, causes of action, costs, expense or equity, to property or persons, including wrongfu incident to any alleged acts, omissions or willful i officers, employees, agents, consultants and contra the performance of the Services, the Project or this 311 defend, indemnify and hold the City, nts free and harmless from any and all ;, liability, loss, damage or injury, in law death, in any manner arising out of or iisconduct of Contractor, its officials, :tors arising out of or in connection with agreement, including without limitation [insert Name of Company] Page 8 of [insert last page number of agreement] the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents orvolunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do [insert Name of Company] Page 9 of [insert last page number of agreement] not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.13 Amendment; Modification. , No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.15 No Third Party Beneficiaries; There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If anylportion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a; court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicitor secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present i r anticipated material benefit arising therefrom. , 3.5. 18 Equal Opportunity Employmi equal opportunity employer and it shall not di . employee or applicant for employment because handicap, ancestry, sex or age. Such non - discrin to, all activities related to initial employment, upgr recruitment advertising, layoff ortermination. Con provisions of City's Minority Business Enterprise p related programs or guidelines currently in effect . Contractor represents that it is an iminate against any subcontractor, race, religion, color, national origin, ation shall include, but not be limited ig, demotion, transfer, recruitment or ctor shall also comply with all relevant ;ram, Affirmative Action Plan or other hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of +that Code, and agrees to comply with such provisions before commencing the performance of the Services. [insert Name of Company] Page 10 of [insert last page number of agreement] 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [signatures on next page] [insert Name of Company] Page 11 of [insert last page number of ag CITY OF ROSEMEAD By: City Mayor Attest: Gloria Molleda City Clerk Approved as to Form: Garcia Calderon Ruiz LLP City Attorney NAME OF CONTRACTOR] By: I Name: I [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: 02/08 Documentl [insert Name of Company] Page 1 of [insert last page number of agreement] INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $ per occurrence. D -1 [insert Name of Company] Page 2 of [insert last page number of agreement] Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agreeis to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application n of such insurance coverage. 4. None of the coverages required herein will be in compliance with these, requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provisiod or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. D -2 [insert Name of Company] Page 3 of [insert last page number of agreement] Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self - insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self - insure its obligations to City. If Consultant's existing coverage includes a deductible or self - insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial D -3 [insert Name of Company] Page 4 of [insert last page number of agreement], additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furthera ce of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing orl new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. I 18. Requirements of specific coverage feature- not intended as limitations on coverage, lire waiver of any coverage normally provided t to a given coverage feature is for purposes given issue, and is not intended by any par inclusive. or limits contained in this section are is or other requirements nor as a r any given policy. Specific reference )f clarification only as it pertains to a r or insured to be limiting or all- 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede this Agreement to the extent that any other impairs the provisions of this Section. all other sections and provisions of section or provision conflicts with or D-4 [insert Name of Company] Page 5 of (insert last page number of agreement] 21. Consultant agrees to be responsible for ensuring that no contract used by any . party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. D -5 CITY OF ROSEMEAD i i ANNUAL 2011 -2012 SLURRY SEAL PROJECT PERFORMANCE BOND WHEREAS the CITY OF ROSEMEAD (also herein "Obligee ") has awarded to (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the Annual 2011.2012 Slurry Seal Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract "); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of ' and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of dollars, ($ ) , said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors orassigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one -year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attomeys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attomeys' fees in addition to court costs, necessary disbursements and other consequential damages. PERFORMANCE BOND - 1 The said Surety, for value received, hereby stipulates and agrees that no change,. extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on 20 i I Principal/Contractor President Surety By: Attomey -in -Fact The rate of premium on this bond is The total amount of premium charge (The above must be filled in by corp I PERFORMANCE BOND - 2 )usand. STATE OF CALIFORNIA COUNTY OF ss. On this _ day of , in the year , before me, a Notary Public in and for said state, personally appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. Notary Public in and for said State (SEAL) My Commission expires PERFORMANCE BOND - 3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, certify that I am the Secretary of the corporation named as principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. i PERFORMANCE BOND - 4 CITY OF ROSEMEAD ANNUAL 2011 -2012 SLURRY SEAL PROJECT PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee ") has awarded to "Contractor"), a contract for work consisting of but not limited to, fumishing all labor, materials, tools, equipment, services, and incidentals for the Annual 2011 -2012 Slurry Seal Project and all other required structures and facilities within the rights -of -way, easements and permits; ' WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated , (hereinafter the 'Public Work Contract "); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due underthe provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we organized and existing under the laws of the Sta and duly authorized to transact business under Surety, are held and firmly bound unto the CIT material men, persons, companies or corporatio other supplies used in, upon, for or about the perf persons, companies or corporations renting or hii for or contributing to said Public Work to be done, upon the same and all persons supplying both w< the said Contractor, the sum of ($ ) , said sum being not less tl said Obligee under the terms of the said Public W truly to be made, we bind ourselves, our heirs, e) and assigns jointly and severally, firmly by these n 100% of the total amount payable by � Contract, for which payment well and tutors and administrators, successors THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, `successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, orforwork or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the PAYMENT BOND - 1 :tor, as Principal a corporation e laws of the State of California, as OF ROSEMEAD and to any and all fumishing materials, provisions, and nance of the said Public Work, and all 3 teams, or implements or machinery, d all persons performing work or labor and materials as aforesaid excepting dollars. Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder orthe specification accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this _ day on 20 PrincipaUContractor President Surety By: Attorney -in -Fact PAYMENT BOND -2 STATE OF CALIFORNIA COUNTY OF ) ss. On this day of before me, for said state, personally appeared _ in the year a Notary Public in and known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attomey -in -Fact. i Notary Public in and for said State (SEAL) My Commission Expires PAYMENT BOND -3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, I certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PAYMENT BOND - 4 i CITY OF ROSEMEAD ANNUAL 2011 -2012 SLURRY SEAL PROJECT Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ( "Greenbook' , 2012 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications "), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made apart hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2006 edition, only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans ", it shall mean the Standard Specifications for Public Works Construction ( "Green Book "), 2012 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS - 1 PART 1 - GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 -2 DEFINITIONS Wherever in the Standard Specifications or other Contract Documents the following terms are used, they shall mean the following: Agency - The CITY OF ROSEMEAD Bid Guaranty - As defined in the Standard Specifications. Also referred to as the "Bid Security" in the Contract Documents. Bid Security - The Bid Guaranty, as defined herein. Board - The City Council of the CITY OF ROSEMEAD, City - The CITY OF ROSEMEAD City's Representative - The Engineer, as defined herein. Contract - The written agreement (Contract form) between the City and the Contractor for the complete and adequate completion of the Work for the Project. The Contract consists of the Contract Documents. The documents comprising the Contract are complementary, and each obligation of the Contractor, Subcontractors and material or equipment suppliers in any one document shall be binding as if specified in all. The Contract is intended to include all items required for the proper execution and completion of the Work. Contract Documents - In addition to the noted in the definition of Contract Documents in the Standard Specifications, all documents incorporated by reference into the Contract form. Contract Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. It is also sometimes referred to as the "Total Bid Price" in the Contract Documents. Contractor's Representative — Contractor' I executive representative who shall be present on the Project Site at all times that any Work is in progress and who shall have the authority to act on behalf of the Contractor for all purposes under the i GENERAL PROVISIONS - 2 Contract. The Contractor shall designate such representative in writing to the City. The Contractor's Representative shall be available to the City and its agent's at all reasonable times. Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "City's Representative" in the Contract Documents. Liquidated Damages - the amount prescribed in the Contract form, pursuantto the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Contract Documents. Notice to Contractors - Notice Inviting Bids. Project - The total and satisfactory completion of the project noted in the Contract Documents, as well as all related work performed in accordance with the Contract, including but not limited to, any alternates selected by the City. Project Site - All of the property and /or facilities of the City where the Work will be performed pursuant to the Contract, as well as such adjacent lands as may be directly affected by the performance of the Work. Recyclable Waste Materials - Materials removed from the Project site which is required to be diverted to a recycling center ratherthan an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. Special Provisions - Any provisions which supplement or modify the Standard Specifications, including these General Conditions (Part "A "), the Supplementary General Conditions (Part "B ") and the Technical Provisions (Part "C "). Total Bid Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. Also sometimes referred to as the "Contract Price" in the Standard Specifications and other Contract Documents- - END OF SECTION - GENERAL PROVISIONS - 3 SECTION 2 SCOPE AND CONTROL OF WORK The construction of type II slurry seal project and appurtenances. 2 -3 SUBCONTRACTS 2-3.3 Subcontractor Obligations. Section 2 -3.3 of the Standard Specifications shall be amended to include the following provisions: "By appropriate written agreement, Contractor shall require each Subcontractor to be bound by all obligations of this Contract. Each subcontract agreement shall preserve and protect the rights of the City. Should any subcontractor fail to perform the Work undertaken by him to the satisfaction of the City, said subcontractor shall be removed immediately from the Project upon request by the City's Representative and shall not again be employed on the Work. The Contractor shall be held liable for the all deficient Subcontractor Work." 2-4 CONTRACT BONDS The following shall be added at the end of Section 2-4 of the Standard Specifications: i "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the contract Documents, and shall obtain a written acknowledgment by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the Owner or any of its authorized representatives. If the Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and promptly deliver satisfactory evidence of such increase to the City. "I "Pursuant to Public Contract Code Sectii Subcontractors providing labor and materials in e Notice Inviting Bids to supply Payment and Perfo same bond requirements applicable to the Contrac equal the total amount of their subcontract. The G for Subcontractor bonds in his written or published to comply with this requirement shall not preclud Subcontractor bonding requirements. The practic and/or subcontracts for the purpose of circur requirements shall not serve to exempt the Con payments, except for a reimbursement payment Contractor's own Faithful Performance and Pa Contractor until the Contractor provides the aforer Contractor." 4108, Contractor shall require all cess of the amount indicated in the rance Bonds in accordance with the r, except that the bond amounts shall itractor shall specify this requirement quest for Subcontractor bids. Failure Contractor from complying with the of issuing separate purchase orders 'enting the Subcontractor bonding actor from these requirements. No the Contractor for the cost of the lent bonds, shall be made to the rationed Subcontractor bonds to the GENERAL PROVISIONS - 4 2-5 PLANS AND SPECIFICATIONS 2-5.1 General. The second full paragraph of Section 2 -5.1 of the Standard Specifications shall be amended to include the following at the end of that paragraph: "AII Contract Documents are essential parts of the Contract for a given project. Any requirement included in one Contract Document shall be as binding as though included in all, as they are intended to be cooperative and to provide a description of the Work to be done." 2 -5.2 Precedence of Contract Documents. The provisions of Section 2 -5.2 of the Standard Specifications shall be revised to read as follows: "In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6. General Conditions 7. Standard Specifications 8. Notice Inviting Bids 9. Instructions to Bidders 10. Specifications 11. Plans (Contract Drawings) 12. Standard Plans 13. Reference Documents" "With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings" 2-5.4 Interpretation of the Plans and Specifications. Section 2 -5.4 shall be added to the Standard Specifications to read as follows: "Should it appear that the Work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the Plans or in the Specifications, the Contractor shall request the City's Representative for such further explanation as may be necessary, and GENERAL PROVISIONS - 5 shall conform to such explanation or interpretation as part of the Contract, so far as may be consistent with the intent of the original Specifications. In the event of doubt or questions relative to the true meaning of the Specifications, reference shall be made to the Engineer, whose decision thereon shall be final." i 2 -7 SUBSURFACE DATA 2 -7.1 Limited Reliance by Contractor. Section 2 -7.1 shall be added to the Standard Specifications to read as follows: "Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data ", the Contractor may not rely upon or make any claim against the Owner, the Engineer, nor any of the Engineer's Consultants with respect to any of the following:" "2- 7.1.1. Completeness. The completeness of such reports and drawings for contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto." "2- 7.1.2. Other Information. Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings." "2- 7.1.3. Interpretation. Any interpretation by the Contractor of such "technical data" or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2-8 RIGHT -OF -WAY. Section 2 -8 of the Standard Specifications follows: be revised in its entirety to read as "All temporary access or construction right: Plans, which the Contractor may find it requires arranged by, paid for and disposed of solely by t Contractor shall defend, indemnify and hold the C agents free and harmless from all claims for dam; to such rights -of -way. Those rights -of -way shown at its expense." ` -way, other than those shown on the firing progress of the Work, shall be Contractor at its own expense. The its officials, officers, employees and �s of any kind arising from or incident the Plans will be provided by the City GENERAL PROVISIONS - 6 2 -9 SURVEYING. 2 -9.2 Survey Service. Section 2 -9.2 of the Standard Specifications shall be amended to include the following: "All survey monuments, centerline ties and survey reference points will be tied out in advance by the City Surveyor. Temporary control shall be protected in place. Any temporary control disturbs by the contractor shall be replaced at no additional compensation. City Surveyor will provide one set of temporary stakes for position of well monuments. Contractor shall install well monuments. Contractor shall coordinate with the City Surveyor for the installation." 2 -9.4 Line and Grade. Section 2 -9.4 of the Standard Specifications shall be amended in its entirety to read as follows: "AII Work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross - sections, elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the City's Representative. Failure to make this report shall make the Contractor responsible for any error in the finished Work. Minor deviations from approved Plans, whenever required by the exigencies of construction, shall be determined in all cases by the City's Representative and authorized in writing." 2 -10 AUTHORITY OF BOARD AND ENGINEER. The provisions of Section 2 -10 of the Standard Specifications shall be revised to read as follows: "Whenever the Contract Documents refer to the Engineer or City s Representative, or provide the Engineer or City's Representative with power to act on behalf of the City, such reference shall necessarily include the City's Representative, or his or her authorized designee." "The City Council shall have the power to award the Contract, and shall generally have the final authority to act in all matters affecting the Project. The City's Representative shall have the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with the instructions of the City's Representative. The decisions of the City's Representative shall be final and binding on all questions as to: (1) the quantity, quality and acceptability of materials and equipment furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) any and all questions which may arise as to the interpretation of the Plans, Specifications, General Conditions, and Special Provisions; (4) the acceptable fulfillment of the Contract on the part of the Contractor; (5) any claims and compensation issues; and (6) his authority to GENERAL PROVISIONS - 7 enforce and make effective such decisions and actions as the Contractor fails to carry out promptly." 2 -11 INSPECTION. The provisions of Section 2 -11 shall be amended to include the following at the end of that Section: "The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's inspection." "When the Work is substantially completed, the Engineer or a representative of the Engineer will make the final inspection." "Whenever the Contractor varies the period during which Work is carried on any day, he shall give adequate notice to the City's Representative so that proper inspection may be provided. Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have previously been inspected, accepted or estimated for payment." "The Contractor shall prosecute work on any State highway or within any railroad right -of -way only in the presence of an inspector representing the State Division of Highways or the railroad company, and any Work done in the absence of such inspectors will be subject to rejection. The Contractor shall make the appropriate notification according to the instructions given on the State Encroachment Permit or railroad permit for all inspections, and shall post all bonds and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor's expense. The Contractor shall pay for all testing and inspections required by a State Encroachment Permit or railroad permit." I GENERAL PROVISIONS - 8 2 -12 SITE EXAMINATION Section 2 -12 shall be added to the Standard Specifications as follows: "The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve itfrom the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents." 2 -13 FLOW AND ACCEPTANCE OF WATER Section 2 -13 shall be added to the Standard Specifications as follows: "Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom." 2 -14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. Section 2 -14 shall be added to the Standard Specifications as follows: "The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. The Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder except in strict compliance with Section 2 -3 of the Standard Specifications and state law. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by force of law, except as otherwise provided in Section 7103.5 of the State of California Public Contract Code, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25 %) of the present ownership and /or control of the Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, this Contract shall be void. No approved transfer shall release the Contractor or any surety of the Contractor of any liability hereunder without the expressed written consent of the City." - END OF SECTION - GENERAL PROVISIONS - 9 SECTION 3 CHANGES IN WORK 3 -2 CHANGES INITIATED BY THE AGENCY. 3 -2.1 General. The provisions of Section 32.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract." 3 -2.2 Payment. The provisions of Section 3 -2.2 of the Standard Specifications shall be revised to read as follows: "3-2.2.1 Contract Unit Prices. Section 3 -2.2.1 shall be amended in its entirety to read as follows:" "3- 2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in',excess of 25 percent, or for eliminated items of work." "3- 2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a unit price contract, should the total quantity of any Rem of work required under the Contract exceed the Engineer's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the Owner, payment for the work involved in such excess will be made as provided in Paragraph 3-3.2, as amended in these Special Provisions." "Such adjustment of the Contract Unit P Contract Unit Price and the actual unit cost, w provided, of the total pay quantity of the item. If t include fixed costs, such fixed costs shall be d Contractor by the payments made for 125 per quantity for such item, and in computing the ac excluded. Subject to the above provisions, such ; engineer in the same manner as if the work were will be the difference between the :h will be determined as hereinafter costs applicable to such item of work ned to have been recovered by the it of the Engineer's Estimate of the it unit costs, such fixed costs will be ual unit cost will be determined by the be paid for as extra work as provided GENERAL PROVISIONS - 10 in Paragraph 3 -3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $5,000 at the applicable Contract Unit Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor." "3- 2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the engineer, payment forthe quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Paragraph 3 -3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner; provided, however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price." "Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3 -3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity for such item at the original Contract Unit Price." "3- 2.2.1(d) Eliminated Items on Unit Price Contracts. On unit price contracts, should any contract item of the work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination." "If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the Owner and the actual cost of any further handling will be paid for by the Owner. if the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for." GENERAL PROVISIONS - 11 "The actual costs or charges to be paid by the Owner to the Contractor as provided in this Section 3 -2 will be computed in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3 -3.2, as amended in these General Conditions, or such adjustment as will be as agreed to by the Contractor and the Owner." 3 -3 EXTRA WORK 3-3.1 General. The provisions of Section 3 -3.1 of the Standard Specifications shall be amended to include.the following at the end of that Section: "All extra work shall be adjusted daily upon report sheets furnished by the Contractor, prepared by the City s Representative and signed by both parties. The daily report shall be considered thereafter as the true record of extra work done. New and unforeseen work will be classed as extra work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears in the Bid Forms. The Contractor shall not do any extra work, except upon written order from the City's Representative." 3 -3.2 Payment The provisions of Section 3 -3.2 of the Standard Specifications shall be amended as follows: 3 -3.2.1 General. Section 3 -3.2.1 shall be amended to include the following at the beginning of that Section: "Extra work shall be paid for under written work order in accordance with the terms therein provided. Generally, payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the City." 3 -3.2.3 Markup. Paragraph (a) of Secti shall be amended in its entirety to read as 3 -3.2.3 (Work by Contractor) "(a) Work by Contractor. The Contractor's costs and shall constitute the 1) Labor 2) Materials 3) Equipment rental 4) Other items and expenditure 5) Subcontracts (1st tier only) 5 6) Lower tier subcontractors To the sum of the costs and markups prc for labor, one percent shall be added as !rcentages shall be added to the all overhead and profit. 24 percent (includes bonding) 15 percent. 15 percent 15 percent none for in this subsection, except ensation for bonding." GENERAL PROVISIONS - 12 3 -6 EXISTING CONDITIONS. Section 3 -6 shall be added to the Standard Specifications as follows: "Contractor shall have the sole responsibility for satisfying itself concerning the conditions, nature and location of the Project and the Work to be performed, as well as the general and local conditions. Such conditions shall include, but shall not be limited to, local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could in any way affectthe Work or the costs thereof. The Contractor is solely responsible for understanding the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. The failure of the Contractor to acquaint himself with all available information regarding any applicable existing or future conditions shall not relieve him from the responsibility for properly estimating either the difficulties, responsibilities, or costs of fully and adequately performing the Work according to the Contract Documents." - END OF SECTION - , GENERAL PROVISIONS - 13 SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4-1.1 General. Section 4 -1.1 of the Standard Specifications shall be amended in its entirety to read as follows: "it is the intent of the City in drafting the Contract Documents to accept only first -class work, materials, parts, equipment and workmanship. All materials, parts and equipment fumished by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal to samples when such samples are required. Used or secondhand materials, parts and equipment may be used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specked, the Contractor shall provide those representing the best of their class or kind. Quality of Work shall be in strict accordance with generally accepted standards. Material, parts, equipment and Work quality shall be subject to the approval of the City's Representative. All materials, parts and equipment used and installed, and all details of the Work done, shall at all times be subject to the supervision, test and approval of the City's Representative. The City's Representative shall have access to the Work at all times during construction, and shall be fumished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work." ' "All materials, parts, equipment or Work which are defective in their construction or deficient in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction work. Any Work done beyond the lines shown on the Plans or established by the City's Representative, or any extra work done wtthout written authority, will be considered unauthorized and will not be paid for by the City. Upon Contractor's failure to comply promptly with any order of the City's Representative made under the provisions of this Section, the City's Representative shall have authority to cause such defective or unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the Work is found to be in compliance with these specifications, the City's Representative will fumish the Contractor with a certificate to that.effect." 4-1.2 Protection of Work and Materials. `The provisions of Section 4-1.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall fully and adequately store and protect all materials, parts and equipment, as required herein. Contractor shall be solely responsible for any and all damages or loss by weather or any other cause tolsuch materials, parts and equipment. The Contractor shall make good any and all damages or loss to materials, parts and equipment." GENERAL PROVISIONS - 14 "Until the final written acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance, and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or Wilful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for all materials and the protection of Work already completed, and shall properly store and protect them, if necessary. Contractor shall provide suitable drainage and erect temporary structures where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of property in materials used afterthey have been attached or affixed to the Work or the soil upon City real property. All such materials shall, upon being so attached or so affixed, become the property of the City." "Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage valued in excess of five percent (5 %) of the Contract Price if such damage was caused by an earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public Contract Code Section 7105. If provided for in the Contract Bid Forms, however, Contractor shall provide insurance to protect against such damages." 4-1.4 Test of Materials. The provisions of Section 4 -1.4 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall immediately remove all rejected material from the Work or Site, and shall not again return such material to the Site." 4-1.6 Trade Names or Equals. The second and third paragraphs of Section 4-1.6 of the Standard Specifications shall be amended in their entirety to read as follows: "Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal ". A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after award shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal" item shall be not less than 35 nor more than 40 calendar days after award of Contract." 'The burden of proof as to the comparative quality and suitability of alternative equipment or materials shall be on the Contractor. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. Such data shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed GENERAL PROVISIONS - 15 substitute. The Contractor shall have the material tested as required by the City's Representative to determine that the quality, strength, physical, chemical or other characteristics, including durability, finish, efficiency, dimensions, service and suitability are such that the item will completely and adequately fulfill its intended function." 4 -1.9 Placing Orders. Section 4 -1.9 shall be added to the Standard Specifications as follows: "The Contractor shall place the order(s) for all long -lead supplies, materials, and equipment, for any traffic signing, striping, legends and traffic control facilities within 3 working days after the award of Contract by the Owner. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within 15 working days from the date of said award of Contract." 4 -1.10 Removal of Interfering Obstructions. Section 4 -1.10 shall be added to the Standard Specifications to read as follows: "The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work." 4 -1.11 Procedure in Case of Damage to Public Property. Section 4-1.11 shall be added to the Standard Specifications to read as follows: "Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at his own cost, free of all charges to the City. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid Forms and Specifications and found necessary during the process of construction (but not due to damage resulting from carelessness on the part ofithe Contractor during his operations), shall be paid to the Contractor at the unit prices submitted in his Bid." 4 -1.12 Diversion of Recyclable Waste I the Standard Specifications to read as follows: Section 4 -1.12 shall be added to "In support of the Owner's waste reduction divert all Recyclable Waste Materials, as deft appropriate recycling centers rather than area la submit weight tickets and written proof of diversi requests. Contractor shall complete and execute a to document Contractor's compliance with these di for these waste diversion efforts shall be the resp - END OF id recycling efforts, Contractor shall d in the Contract Documents, to fills. Contractor will be required to with its monthly progress payment certification forms required by Owner lion requirements. All costs incurred ,ibility of the Contractor." .I GENERAL PROVISIONS - 16 SECTION 5 UTILITIES 5 -1 LOCATION The provisions of Section 5 -1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1- 800 -227- 2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work." "The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work." "The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the Owner. The Contractor shall verify these locations." 5 -2 PROTECTION The provisions of Section 5 -2 of the Standard Specifications shall be amended to add the following at the end of that Section: "All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to grade by the Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before commencing the Work." "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing." "The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price." "During construction of the Work, some of the existing utilities may fall within the prism of trenches. if the existing utility does fall within the contractor =s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner's requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities." GENERAL PROVISIONS - 17 5-5 DELAYS The provisions of Section 5 -5 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary, the provisions of Articles 1 and 2 of the California Government Code (Sections 4215 and 4216) are incorporated by reference as if fully set forth herein. In the event of any conflict between the Standard Specifications and Government Code Sections 4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall prevail. Contractor should pay particular attention to the provisions of Section 4215 with regards to the relocation of utilities, the costs thereof, delays caused thereby and the indication of service laterals and appurtenances." "The right is reserved to the owners of public utilities or franchises to enter upon the streets for the purpose of making repairs or changes in their property which may be necessary as a result of the Work. Employees of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements." I "Contractor shall employ and use only qualiiied persons, as hereinafter defined, to work in proximity to Southern California Edison's secondary, primary and transition facilities. The term "qualified person" shall mean one who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8' of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by all Subcontractors." - END OF I GENERAL PROVISIONS - 18 SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The second paragraph of Section 6 -1 of the Standard Specifications shall be amended in its entirety to read as follows: "After the Contract has been approved by the Owner, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. The Work shall be diligently prosecuted to completion before the expiration of the time indicated in the Bid Documents and Contract Form, plus any duly authorized extensions thereof." The provisions of Section 6 -1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary herein, the Contractor's proposed construction schedule shall include the expected start and completion dates for all portions of the contract Work. During a scheduling conference between the Contractor and the City's Representative, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to delay temporarily the construction schedule agreed upon during the scheduling conference, every effort will be made to permit a new construction schedule at the time most convenient to the Contractor, thus permitting the Project to proceed with the shortest intramural movement of the equipment. The Contractor shall notify the City's Representative in all such cases in order to arrive at a mutually satisfactory schedule." "Contractor's construction schedule shall be in a form provided for in the Specifications. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Owner whenever specifically requested to do so by Owner and with each periodic payment request Failure to submit an updated and accurate construction schedule shall render Contractor in breach of the Contract and shall entitle Owner to withhold money therefor." 6 -3 SUSPENSION OF WORK. 6-3.1 General. The provisions of Section 6 -3.1 of the Standard Specifications shall be amended to add the following at the end of that Section: "The situations which will be deemed to be in the City's interest to suspend the Work shall include, but shall not be limited to, the following: (1) unsuitable weather or such other conditions that renderthe proper prosecution of the Work impracticable or inefficient; or (2) when the Contractor or his workmen fail or refuse to carry out orders or to perform any or all of the requirements of the Contract; (3) when the Contractorfails or refuses to supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, GENERAL PROVISIONS - 19 labor unrest or labor shortages of any kind); (4) When the Contractor fails or refuses to begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5) when the Contractor fails or refuses to commence Work within the time specked for any, reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (6) when the Contractor fails or refuses to maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (7) when the Contractor fails or refuses to execute the Work in a manner and at such locations as specified in th'e Contract Documents; (8) when the Contractor fails or refuses to maintain a Work program which will insure the Agency's interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract; or (10) when the Contractor fails or refuses in any other respect to prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contract. The Contractor shall immediately comply with any written order from the City's Representative and shall not resume operations until so ordered in writing." 6-4 DEFAULT BY CONTRACTOR. The first, second and third full paragraphs of Section 6-4 of the Standard Specifications shall be amended to read as follows: "If the Contractor should be in violation of the Contract, then the City may, without prejudice to any other right or remedy and after giving notice as specified herein, terminate the Contract and take all actions provided for herein and elsewhere in the Contract Documents. By way of example and not as a limitation upon its right to terminate the Contract as provided herein, the City may terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1) begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2) commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3) maintain an adequate rate of delivery, of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the Contract Documents; (5) maintain a Work program which will insure the Agency's interest; (6) carry out the intent of the Contract; (7) supply an adequate working force�for any reason whatsoever (including, but not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other respect prosecute the Work with the diligence, speed orforce specified or intended by the terms of the Contact." I "If the City determines that sufficient grounds exist to terminate the Contract as provided herein, the City's Representative shall provide written notice to the Contractor and its surety on its performance bond. If the Contractor or its surety does not fully comply with such notice within five (5) days after receiving it, orfails to continue after starting to comply GENERAL PROVISIONS - 20 in good faith, the City may exclude the Contractor and its employees and Subcontractors from the Work, or any portion thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of every description as may be found at the place of such Work. Thereupon, the Contractor and its employees and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. In such accounting, the City shall not be held to obtain the lowest figure for the Work for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a sum which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall exceed the amount payable under the Contract, then the Contractor shall pay the amount of the excess to the City upon completion of the Work without further demand being made therefore. In the determination of the question as to whether or not there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the Contract." 6-8 COMPLETION AND ACCEPTANCE. Section 6 -8 of the Standard Specifications shall be amended in its entirety as follows: "The Work will be inspected for acceptance by the City's Representative upon receipt of the Contractor's written assertion that the Work has been completed. If, in the sole discretion of the City's Representative, the Work has been completed and is ready for acceptance, the City's Representative will notify the City Clerk that the Contract has been completed in its entirety. The City's Representative shall request that the City accept the Work and that the City Clerk be authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work." "The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City's Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof." GENERAL PROVISIONS - 21 i I "The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of One Hundred Percent (100 %) of the Contract. Said bond shall remain in force for a period of one (1) year after the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for Isaid amount until the expiration of said one (1) year period." "The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials. Further, the certificate of final payment shall not terminate the Contractor's obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with.any alterations of the same, shall release the City, the City Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof." GENERAL PROVISIONS - 22 6 -9 LIQUIDATED DAMAGES. Section 6-9 of the Standard Specifications shall be amended in its entirety to read as follows: "Contractor agrees that if the Work is not completed within the Contract Time and /or pursuant to any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the District will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the District as fixed and liquidated damages the sum specified in the Contract form for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. Liquidated damages may be deducted from any payments or other funds owing to Contractor, including progress payments, the . final payment and retentions." 6 -11 TIMES OF OPERATION Section 6 -11 shall be added to the Standard Specifications to read as follows: "It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no work allowed on Owner - observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools" Contractor shall not perform any work prior 9:00 am on Northbound and 3:00 Pm on Southbound. The City Engineer can extend the time upon request: and, if he deems necessary for the safety of the traffic of the public. -END OF SECTION - GENERAL PROVISIONS - 23 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -2 LABOR. 7 -2.2 Laws. The provisions of Section 7 -2.2 of the Standard Specifications shall be amended in their entirety as follows: "The Contractor, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding anything to the contrary contained in the Contract Documents, Contractor shall comply with the following:" "7 -2.2.1 Social Security Requirements. Contractor shall furnish to the City satisfactory evidence that he and all of his Subcontractors are complying with all laws, rules and regulations with respect to Social Security. The Contractor, at any time upon request, shall satisfy the City that all necessary Social Security and other taxes are being properly reported and paid." "7 -2.2.3 Eight Hour Work Day. Contractor and all Subcontractors shall be required to comply with the provisions of California Labor Code Section 1810 et seg. According to those sections, eight (8) hours of labor shall constitute a legal day's work. Contractor shall pay to the City a penalty of Twenty -five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor, or by any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day or forty (40) hours in any one (1) calendarweek, except when payment for overtime is made at not less than one and one -half (1 -1/2) times the basic rate for that worker." "7 -2.2.4 Licensing Requirements. i Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Contractors shall meet the California Contractor's license requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contrac?Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidde Is subcontractors, before awarding the Contract." GENERAL PROVISIONS - 24 "7 -2.2.5 Non - Discrimination. Contractor shall not discriminate in the employment of persons upon the Contract because of the race, creed, color, national origin, ancestry, non - disqualifying disability, age, medical condition, marital status, sex or other classifications of such persons protected by federal, state and local laws, rules and regulations. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall cause an identical clause to be included in every subcontract for the contract work." "7 -2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with law. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids." 7 -3 PERMITS. Section 7 -5 of the Standard Specifications shall be amended in its entirety to read as follows: "Unless indicated to the contrary in the Contract Documents, including the Special Provisions, Contractor shall procure all permits and licenses (including a City business license), pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work." 7 -8 PROJECT SITE MAINTENANCE. 7-8.2 Air Pollution Control. The provisions of Section 7 -8.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements." 7-8.6 Water Pollution Control. The provisions of Section 7 -8.6 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with the provisions of the Federal Clean Water Act as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts 122 -124, the Porter - Cologne Act (California Water Code) and the Waste GENERAL PROVISIONS - 25 Discharge Requirements for Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best Management Practices (BMPs) are listed in the California Storm Water Best Management Practices Handbook for Construction Activities WATER POLLUTION CONTROL A. Water Quality Protection Requirements For Construction Projects With Less than 1 -Acre Of Disturbed Soil All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the, minimum water quality protection requirements as defined in Table 2 -1. 1 Table 2 -1 Minimum Water Quality Protection Requirements for Construction Projects Category Minimum Requirements BMPs 1. Sediment Sediments generated on the project site shall be Sediment Control retained using adequate Treatment Control or Control Structural BMPs. 2. Construction- related materials, wastes, spills or Site Constructs residues shall be retained at the project site to avoid Management; on discharge to streets, drainage facilities, receiving Material and Materials waters, or adjacent properties by'wind or runoff. Waste Control Non -storm water runoff from equipment and vehicle Management washing and any other activity shall be contained at the project sites. I 3. Erosion Erosion from slopes and channel's shall be controlled Erosion Control by implementing an effective combination of BMPs, Control such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Please refer to the California Stormwater Quality Association's Construction Handbook available for free on their website (www.cabmohandbooks.com - I I GENERAL PROVISIONS - 26 Construction Handbook) for further information regarding the BMPs listed in Table 2 -1. B. Water Quality Protection Requirements For Construction Projects With 1 -Acre (or greater) Of Disturbed Soil In addition to the minimum BMPs required in Section A, a Storm Water Pollution Prevention Plan ( SWPPP) must be submitted to the City for all construction projects where at least 1 -Acre of soil will be disturbed. The SWPPP will include strategies for reducing runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP may also be required for projects smaller than 1 -Acre if the City designates the project a threat to water quality objectives. In addition, the contractor must contact the Los Angeles Regional Water Quality Control Board (LARWQCB) if the project will disturb 1 -Acre or more of soil. Construction activities can not begin until a Waste discharger Identification (WDID) Number is issued by the State Water Board. The 1 -Acre threshold includes the total amount of land disturbance. For example, if four streets, each 114 -acre in size in different parts of the City are to be reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI) you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 0. Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576 -6600; Fax: (213) 576 -6640 Internet Address: http: / /www.swrcb.ca.gov /—mmcb4 The SWPPP shall include: • The name, location, period of construction, and a brief description of the project; • Contact information for the owner and contractor; • The. building permit number for the project; • The grading permit number for the project (where applicable) • A list of major construction materials, wastes, and activities at the project site; • A list of best management practices to be used to control pollutant discharges GENERAL PROVISIONS - 27 from major construction materials, wastes, and activities; • A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; • Non -storm water discharges, their locations, and the BMPs necessary to prevent the discharge; i • A maintenance and self - inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and • A certification statement that all required and selected BMPs will be effectively implemented. Within 7 days after the City has certified the contract, the Contractor shall submit two 2 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re- submit the document within 7 days of their receipt of the City's comments. The City shall then have 7 days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. C. Best Management Practices The objective of the SWPPP is to identify reasonably affect the quality of storm water activities. The plan will describe and Management Practices (BMPs) which will b water discharges from the construction s defined as any program, technology, pro device that controls, prevents, removes, or select appropriate BMPs from the California Industrial, New Development, (www.cabmphandbooks.com) in conjuncti operations: :)tential sources of pollution that may ischarge associated with construction insure the implementation of Best used to reduce pollutants in the storm a. A Best Management Practice is ass, operating method, measure, or ,duces pollution. The Contractor shall �tormwater BMP Handbook, Municipal, and Construction Volumes i with all activities and construction t GENERAL PROVISIONS - 28 1. Construction Practices (NS2, NS3, NS4, and NS6) 2. Material and Waste Management (WM01, WMO2, and WM04) 3. Vehicle and Equipment Management (NS8, NS9, and NS10) 4. Physical Stabilization (EC7, EC12, NS4, TC1, and TC2) 5. Sediment Control Practices (SE1, SE9, SEB, SE10, SE3, and SE2) Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association Los Angeles County DPW P.O. Box 2313 Cashier's Office Livermore, CA 94551 900 South Fremont Avenue www.cabmphandbooks.com Alhambra, CA 91803 Tel. No. (626) 458 -6959 D. Implementation The Contractor will be responsible throughout the duration of the project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor's activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fullydeploy these SWPPP control measures to protect soil- disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil- disturbed areas of the project site shall be fully protected 'at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this section, "Water Pollution Control ". Unless otherwise directed by the City, the Contractor's GENERAL PROVISIONS - 29 responsibility for SWPPP implementation shall continue throughout any temporary suspension of work. E. Sewage Spill Prevention The Contractor's attention is directed to the sewer bypass operation required during any sewer construction (Standard Specification for Public Works Construction Section 500.1.2.4). The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor's expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. i F. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor the following two (2) City Departments: Public Works/ Engineering immediately report the incident to (626) 569 -2150 Public Safety Department The Contractor is encouraged to obtain telephone telephone numbers of City representatives such as reached during emergency and off - hours. The City will notify the following: Los Angeles County Department of Health Los Angeles County Department of Public Regional Water Quality Control Board State Office of Emergency Services (8 (626) 569 -2292 rs, pager numbers and cellular Managers and Inspectors, to be (213) 974 -1234 (800) 303 -0003 (213) 576 -6665 or 6600 Al!�!.*.7�] i GENERAL PROVISIONS - 30 (For any significant volume of material that entered the stone drain or receiving water) G. Sewage Spill Written Notification The Contractor shall prepare and submit a written report within three (3) working days from the occurrence of a spill to the City, (Attention: Project Manager). This report shall describe the following information related to the spill: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause 5. The type of remedial and /or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring H. Enforcement The City, as a permittee, is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall be responsible for all costs and liabilities imposed by law as result of the Contractor's failure to comply and /or fulfill the requirements set forth in Section 7.09 - "Water Pollution Control ". The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. I. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. J. Payment GENERAL PROVISIONS - 31 All costs involved in the implementation of the'SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items' of work and no additional compensation will be made therefore. 7-8.8 Sound and Vibration Control Requirements. Section 7 -8.8 shall be added to the Standard Specifications to read as follows: "The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job unfil the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor." 7 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.4 Safety. 7- 10.4.1 Safety Orders. Section 7- 10.4.1 shall be amended to add the following to the beginning of the first full paragraph: "In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions,of the job site, including the safety of all persons and property in performance of the Work. This requirement shall apply continuously and shall not be limited to normal working hours. The Contractor's duty to preserve safety shall include, but shall not be limited to, the erection and maintenance of temporary fences, bridges, railings and barriers; t `e placement of guards; maintenance and operation of sufficient lights and signals; and all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the City's Representative or other City employee or agent to give general engineering supervision of the Contractor's performance is not intended to include the review of the adequacy of the Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and complete responsibility for safety conditions on the Site." Section 7- 10.4.1 shall be amended also to add the following to the beginning of the second full paragraph: "Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705, regarding sheeting, shoring and bracing." GENERAL PROVISIONS - 32 7- 10.4.3 Special Hazardous Substances and Processes. Section 7- 10.4.3 shall be amended to add the following to the end of that Section: "As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute." 7 -11 PATENT FEES OR ROYALTIES. Section 7 -11 of the Standard Specifications shall be amended in its entirety to read as follows: "The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use." 7 -13 LAWS TO BE OBSERVED. Section 7 -13 of the Standard Specifications shall be revised in its entirety to read as follows: "The Contractor shall keep itself fully informed of all existing and future State, Federal and local laws, rules and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with all such existing and future laws, rules, ordinances, regulations, orders, and decrees of bodies or tribunals having any or ail authority over the Work, and shall defend, indemnify and hold harmless, at least to the extent of the indemnification provisions of this Agreement, the Owner and its officials, officers, employees, volunteers and agents, including, but not limited to, the Director of Public Works and the Owner Engineer, against any claim or liability arising from, or based on, the violation or alleged violation of any such GENERAL PROVISIONS - 33 law, rule, ordinance, regulation, order, or decree, whether by itself or its employees. The Contractor shall particularly observe all laws, 'rules and regulations relating to the obstruction of streets or the conduct of the Work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic. The Contractor shall at all times comply with such laws, rules and regulations. If any discrepancy or inconsistency is discovered in the Plans, Drawings; Special Provisions, or Contract for the Work in relation to any such law, rule, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing." 7 -15 INDEMNIFICATION. Section 7 -15 shall be added to the Standard Specifications as follows "Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with Counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, volunteers or agents. To the extent of its liability, Contractor shall pay and satisfy anyjudgment, award or decree that may be rendered against City, its officials, officers, employees, volunteers or agents, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers; employees, volunteers or agents for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782." 7 -16 CONCRETE FORMS, FALSEWORK AND Section 7 -16 shall be added to the "Contractor shall comply fully with the re Construction Safety Orders, State of California, regarding the design of concrete forms, falsework, prior to the placement of concrete. Where Sectio engineer registered in the State of California to apl drawings of the falsework or shoring system, or placement of concrete, Contractor shall employ purposes, and all costs therefor shall be include Contract for completion of the Work as set forth in Specifications as follows: tuirements of Section 1717 of the Department of Industrial Relations, A shoring, and the inspection of same 1717 requires the services of a civil rove design calculations and working to inspect such system prior to the i registered civil engineer for these in the Bid item price named in the he Contract Documents." GENERAL PROVISIONS - 34 - END OF SECTION - GENERAL PROVISIONS - 35 SECTION 9 MEASUREMENT AND PAYMENT 9 -2 LUMP SUM WORK. Section 9 -2 of the Standard Specifications shall be amended to add the following at the end of that Section: "On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and which shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre - construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor." 9 -3 PAYMENT. 9-3.1 Payment. The last paragraph of Section 9 -3.1 of the Standard Specifications shall be deleted and replaced with the following two paragraphs: "Contractor shall submit, with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. Following the City's acceptance of the Work as fully complete, the Contractor shall submit to the City for approval a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City's Representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which, in the City Representative's opinion, shall be just and fair, covering the amount and value of the total amount of Work done by the Contractor, less previous payments, applicable withholdings and retentions." "All retention proceeds shall be released Contract Section 7107." paid in strict accordance with Public Section 9 -3.1 of the Standard following at the end of that Section: "Payment for the various items on the Contra Contract, shall include all compensation to be rece tools, equipment, supplies, and manufactured artii incidentals appurtenant to the items of Work beinc the various items of Work, all in accordance with Payment in the Standard Specifications and these the Drawings, including all appurtenances thereto. compliance with the regulations of public agenci including the Safety and Health Requirements ofth and the Occupational Safety and Health Administr (OSHA)." shall be amended to also add the A Bid Forms, as further specified in the red by the Contractor for furnishing all les, and for all labor, operations, and described, as necessary to complete the provisions for Measurement and 3eneral Conditions, and as shown on : ompensation shall include all costs of s having jurisdiction over the Work, California Division of Industrial Safety ition of the U.S. Department of Labor I l GENERAL PROVISIONS - 36 "No separate payment will be made for any item that is not specifically set forth in the Contract Bid Forms, and all costs therefor shall be included in the prices named in the Contract Bid Forms for the various appurtenant items of work." 9 -3.2 Partial and Final Payments. Section 9 -3.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "For purposes of this Section, the monthly payment date shall be the last calendar day of each month. In order for the City to consider and prepare for each monthly payment, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) day of the following month. The City shall review and make payment on all approved charges within the time required by Public Contract Code Sections 20104.5 et sue." "Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the Owner to the Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of liquidated damages." "Subject to the provisions of Section 22300 of the California Public Contract Code, a 10 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the Owner for payment. All billings shall be directed to the Engineer." "Pursuant to Section 22300 of the California Public Contract Code, In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City." "The Contractor shall submit with each invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen." - END OF SECTION GENERAL PROVISIONS - 37 CITY OF ROSEMEAD ANNUAL 2011 -2012 SLURRY SEAL PROJECT SUPPLEMENTARY GENERAL CONDITIONS 10 -1 GENERAL 10 -1.1 Description of Work The work will consist of crack sealing; slurry seal type II, striping, and all appurtenant work as shown on the plans and as specified herein. 10 -1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis for the compilation of bids, and the City of Rosemead does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. In such case the contract unit price shall prevail subject to the requirements of Subsection 3 -2.2.1 of the Standard Specifications. All work incidental to this project, as described on the drawings and /or this specification shall be considered as included within the scope of the work. The bid prices submitted by the contractor shall include the cost of said incidentals, even though such incidentals are not specifically mentioned in the preceding description of work to be done or in the proposal form. 10 -1.3 Equals - Whenever the names of specific products are designated in the details appearing on the drawings or in the specifications, the intent is to state the general type and quality of the products desired, without the intention of ruling out the use of other products of equal type and quality. If the successful contractor wishes to make substitutions of the products specified, he must make an application in writing to the Engineer prior to the acceptance and installation into the project with a complete description of the alternate products and a statement with regard to the saving to the.owner, if any, in case the substitution would be permitted. The Engineer will have the right to make the final decision in these cases and to insist on use of particular brands of products shown on the drawings or in the specifications, if, in his opinion, such brands will be preferable to the Engineer, in lieu of the requested substitutions. 10 -1.4 Installation of Equipment - All materials and workmanship shall be in accordance with the manufacturer's specifications and instructions. SUPPLEMENTARY GCs -1 10 -2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard Specifications with the following special conditions: a. Beginning and Completion of Work: The contract time allowed for completion of the project is thirty (3Q) calendar days. Work on this project shall commence no later than ten (10) days from the date of Notice to Proceed. b. The contractor shall submit to the Engineer a time schedule of work for the various sequences of the major operations. Said schedule shall be submitted at least 5 working days prior to the beginning of work and shall be subject to the approval of the Engineer. C. Working hours on this project shall be limited to 7:00 a.m. to 4:00 p.m. with no work on Saturdays, Sundays, Holidays, and alternate Fridays in which City Hall is closed. Except when authorized by the Director of Public Works or City Engineer. d. Inspection: The City shall provide inspection for an 8 -hour day for normal working days. The City will deduct from the contractor's invoice an amount equal to $65 per hour for inspection in excess of the foregoing, including legal holidays, City Hall closed Fridays, and weekends. e. Weight master certificates are source documents and it is the contractor's responsibility to collect the material tickets from the drivers at the delivery point, sign and date them and submit to the City Inspector. Contractor shall notify all property owners within the project limits of all activities; written notification shall be delivered to properties at least forty - eight (48) hours in advance of any activity. The contractor and all subcontrac meeting at the time, date, and place h. The contractor and all subcontn License prior to the start of work. shall attend a pre - construction mined by the City. shall obtain a Rosemead Business SUPPLEMENTARY GCs -2 10-3 STANDARD SPECIFICATIONS The work embraced herein shall be done in accordance with the "Standard Specifications for Public Works Construction (Greenbook)," latest edition, including all supplements, and applicable provisions of Caltrans Standard Specifications, latest edition. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. 10-4 CONSTRUCTION YARD It shall be the contractor's responsibility to locate any storage sites for materials and equipment needed, and such sites must be approved in advance by the City Engineer. When storage sites are located on private properties, the contractor shall be required to submit to the City Engineer written approval from the record owner authorizing the use of his property by the contractor, and contractor shall bear all the cost involved, and provide necessary insurance requirements. If contractor chose one of the City owned. The contractor accepts sole liability for the yard during the time, which it is occupied. The contractor agrees to indemnify and hold harmless the City and ARA during the period which the contractor occupies the site. The yard shall be fenced with City- approved temporary chain link fence and gate(s). The yard shall be secured at all times. The Contractor shall be responsible for required utilities, if available. The Contractor shall store all materials in a manner, which complies with manufacturer's recommendations and /or legal requirements. The yard shall be maintained in a manner consistent with surrounding properties. After the project is constructed, the Contractor shall move off of the yard and return the yard to a condition similar to before he moved on the yard. Contractor and all subcontractors shall not be permitted to place any signage or advertising signs on the site unless city's written approval is obtained. SUPPLEMENTARY GCs -3 10 -5 UTILITIES The contractor will obtain the locations cf underground facilities from the utility companies at least twenty -four (24) hours prior to commencing construction in such areas. At all time the contractor shall be responsible for the protection of such facilities and shall be held liable for damage to utilities during construction. The contractor is responsible to call Underground Service Alert at (800) 422- 4133 at least 72 hours prior to commencing any work. 10-6 CONSTRUCTION WATER It shall be the responsibility of the contractor to furnish an adequate supply of water for construction use. Necessary permit and fee schedule and water meter shall be obtained from the Arcadia water Division. 10 -7 AIR AND WATER POLLUTION The Contractor shall be required to conform to all current regulations of the South Coast Air Quality Management District. The Contractor shall also conform to Section 402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of municipal, industrial and construction storm water discharges under the National Pollutant Discharge Elimination System (NPDES) program. 10-8 HAZARDOUS MATERIAL NOTIFICATION i A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all hazardous materials which are brought on site by the Contractor. A MSDS is required for any product which may contain hazardous materials. The contractor must alert the City Engineer of the quantity and type of hazardous material which will be brought on site. The MSDS sheets must be submitted to the City Engineer at least two (2) business days prior to starting work. The City Engineer may require the City Safety Officer or his designee to review the MSDS for approval of use. I The contractor shall be responsible for notifying Underground Service Alert (800) 422 -4133 and all utility companies having substructures within the limits of the job. This shall be done at least 72 hours prior to commencing construction. 10 -9 PUBLIC CONVENIENCE AND SAFETY The contractor shall conduct his operations to comply with the provisions of section 7 -10 of the Standard Spec cations.' Traffic Control shall comply with the Work Area Traffic Control Handbook of the American Public Works Association (WATCH Manual), latest edition. I i After award of the contract, the contractor shall submit to the Engineer his proposed schedules for lane closing and his methods of traffic control to comply SUPPLEME with the requirements specified herein below. This submittal shall be made sufficiently in advance of any rerouting or diversion of traffic by the contractor to allow for a review of the contractor's proposed traffic control. Any shifting of traffic from one lane to another which is necessary in order to maintain the required number of lanes, shall be directed in such a manner that traffic may move smoothly across the work without any sudden changes from one lane to another. Toward this end the minimum taper allowed for detouring the traffic from one lane to another shall be 20:1. The contractor shall provide, throughout the period of construction, all signs which may be deemed necessary for the safe and orderly conduct of vehicular traffic as directed by the Engineer. All barricades used as warning and guiding devices shall bear the name of the contractor in legible letters. Flashing arrow board(s) shall be required throughout the construction period. Traffic lanes shall have a minimum width of twelve (12) feet and minimum clearance of two (2) feet from curbs, poles and similar obstructions, and two (2) feet from any excavation, unless otherwise specified. One lane shall be maintained at all times. Transitions of differential road surfaces shall be maintained according to SSPWC sect. Spillage resulting from hauling operations along any public traveled way shall be removed immediately by the contractor. Traffic shall not be allowed on the street until the initial sweeping is complete. Contractor shall provide access the existing driveways. Contractor will close only one driveway at any time to properties having more than one driveway. 10 -10 PAYMENT Payment shall be made in accordance with Section 9 of the Standard Specifications. Payment will be made at the lump sum prices or unit prices as stipulated in the Bid Proposal and will include full compensation for furnishing all labor materials, tools and equipment and doing all the work involved in completion of the bid items. 5% retention will be paid 35 days after Notice of Completion had been recorded. SUPPLEMENTARY GCs -5 10 -12 CLEAN -UP Upon completion of the work and before the final estimate is submitted, the Contractor shall, at his own expense, remove from the vicinity of the work all plant, buildings, rubbish, unused materials, concrete forms and other materials or equipment belonging to or used by him or any subcontractor on the work. In the 10 -13 GUARANTEE The contractor hereby guarantees for a period of one year that the entire work constructed by him under this contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished by him. The contractor hereby agrees to make at his own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by him that becomes evident within the time specified after filing of the Notice of Completion of the work by the Engineer, and to restore to full compliance with the requirements of these specifications, including the test requirements set forth herein for any part of the work constructed hereunder, which during said period is found to be deficient with respect to any provision of the specifications. The contractor also agrees to defend, indemnify and hold the Owner, its officers and employees, harmless from claims of any kind arising from damage due to said defects. The contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Engineer. If the contractor fails to make the repairs and replacements promptly, the owner may doe the work and the contractor and his surety shall be liable to the owner for the cost thereof. Upon termination of the Contractor's guarintee any manufacturers' guarantees held by him shall be delivered to the owner.i I The guarantees and agreements set forth in Subsection (a) hereof shall be secured by a surety bond which shall be delivered by the Contractor to the Owner before the notice of completion 'shall be filed by the Development Services Director. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the owner, in the amount of ten percent (10 %) of the contract price. Said bond shall remain in force for a period of one year from the date of filing of the Notice of Completion. Instead of providing a surety bond, the contractor may` -, at his option, provide for the Faithful Performance Bond furnished under the contract to remain in force for said amount until the expiration of the required period. SUPPLEMENT 10 -14 SANITATION All portions of the work shall be maintained at all times in sanitary condition. The contractor shall provide adequate toilet facilities for all workmen and representatives of the owner employed on the work. Such facilities shall be subject to the acceptance of the owner as to location and type. The contractor - shall maintain the same in sanitary condition from the beginning of the work until completion and then shall remove the facilities and disinfect the premises if necessary. The contractor shall be responsible for alleviating all dust and nuisance conditions occasioned by his work. Each day, at the completion of the day's work, the entire trench area and adjacent streets shall be swept and cleaned to the satisfaction of the City Engineer or his appointed representative. The contractor shall cover all storm drain catch basins during excavation and sweeping operations to prevent excavated materials from entering the catch basins. SUPPLEMENTARY GCs -7 CITY OF ROSEMEAD ANNUAL 2011 -2012 SLURRY SEAL PROJECT i TECHNICAL SPECIFICATIONS SECTION 1 SITE MAINTENANCE 1.01 General The Contractor shall maintain the construction site in a neat and orderly condition, free from trash and waste construction materials at all times. Unattended construction materials, equipment, and trash shall be left in a manner to not constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature The Contractor shall provide proper barricades and temporary fencing to insure a safe construction site. The Contractor shall maintain the work site in a manner that assures adequate access to workers and other authorized personnel. The Contractor shall provide proper traffic control in all construction areas. 1.02 Dust Control The Contractor shall exercise all reasonable and necessary means to abate undue dust. Application of water for dust control shall be under the control of the Engineer and shall be applied in the amounts and at locations designated by the Engineer or City's representative. 1.03 Control of Water The Contractor shall work in a manner that does not prevent storm or other water from flowing uninterrupted along the existing street drainage courses. Diversion of water for short reaches to protect construction may be permitted if public or private properties are not threatened with damage. Should such diversions be necessary the Contractor shall obtain written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside rights -of -way or normal drainage courses. 1.04 Protection of Existing Improvements Excavations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor is required to work around all existing utility facilities. During sealing operations, the Contractor shall cooperate with the owners of any utility that has manholes, vaults, valve covers or any other facilities in the areas requiring sealing. These facilities shall be completely protect with heavy plastic or other suitable material and the material removed after the sealing operation is completed. The Contractor shall exercise care to prevent slurry from being deposited on concrete surfaces and shall remove slurry from surfaces not designated to be sealed. Unless otherwise specified, all costs for protection of existing improvements shall be absorbed in the various items of work. No separate payment will be made for them. TP -1 1.05 Restoration of Existing Improvements Existing improvements such as sprinkler lines, heads, and valves that are removed or damaged shall be reconstructed in accordance with the applicable provisions of the Standard Specifications for Public Works Construction, 2012 Edition, (hereinafter referred to as the Standard Specifications). All improvements, including but not limited to landscaping, irrigation, etc., which are removed or damaged by action of the Contractor shall be replaced or restored to their original condition to the satisfaction of the Engineer. 1.06 Disposal of Removed. Cleared. and! Waste Material All removed, cleared, and waste material shall become the property of the Contractor and shall be disposed of by the Contractor outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. 1.07 Final Clean Up . After completion of all other work required under the contract, the Contractor shall, at his own expense, clean up the work site and any and all properties used by the Contractor during construction to the satisfaction of the Engineer. The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or nature which has been moved, damaged or altered in any way by Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. 1.08 Payment No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. SECTION 2 CLEARING AND GRUBBING 2.01 General Clearing and Grubbing shall conform to Section 300 -1, " Clearing and Grubbing" of the Standard Specifications. In addition, the following items of work are included under Clearing land Grubbing, unless otherwise covered by specific bid items: In conformance with the California Integrated (Waste Management Act to 1989 (AB -939), the City will require that all construction materials and dirt removed from the project site to be deposited at a recycling center. Certification form the A) Maintaining dust control at all times by TP -2 B) Providing for traffic control and maintenance of access, security and safety including all signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in these specifications. C) Protecting in place of existing water mains, sewers, meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures. D) Removing, storing, and replacing removable and portable items and their safe handling and keeping. E) Protecting any existing valve covers, manholes, or any other miscellaneous improvements. F) Providing temporary pumps, conduits, and any other necessary means to convey waste waters in order to bypass the construction as needed. G) Coordinating the construction with all utility companies. H) Providing "Public Notice" hangers as specified elsewhere in these specifications. 2.02 Payment Payment for Clearing and Grubbing shall be included in the lump sum price under Bid Item No. 1. Payment of the lump sum price bid shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in Clearing and Grubbing as specified above and as directed by the Engineer. SECTION 3. CONTRACTOR'S RESPONSIBILITIES PRIOR TO STARTING SLURRY SEALING 3.01 General The slury.seal project will directly affect the daily routines of a number of residents and businesses. Every effort will be made by the Contractor to minimize the inconvenience to the people affected and to inform them in a timely manner of the events that will be occurring so they will know in sufficient time to make suitable plans that will minimize the inconvenience. 3.02 Distribution of "Public Notice " . Since the nature of this project would result in some inconvenience to residents, it is necessary to create good relations with the public. The Contractor shall distribute a "Public Notice" to each resident or business affected by the project. This notice shall be printed on a bright yellow information hanger and hung on the front door knobs of residences and businesses no later than one week in advance of the project start date. The Contractor shall provide a master copy of the "Public Notice" for City approval. The Contractor will make the necessary copies and provide the information TP -3 hanger. The hanger will be 4-%4 inches wide and 11 inches long, card stock (basis 67) with a hole 1 -' /4 inches in diameter' placed near the top of the 11 -inch direction. The hole shall be approximately 1 inch from the top of the paper. A slit at about a 45 angle from the hole to the top of the paper shall be provided to allow the notice to be hung from doorknobs. J distribution. 3.03 "NO PARKING" Signs At least six working days prior to commencing work, the Contractor shall submit a spreading! schedule to the City for approval. This schedule shall allow residents on the streets being sealed ample "on street' parking within a reasonable distance from their homes. Based upon the spreading schedule, the Contractor will notify schools, residents, and businesses of the proposed work and post temporary "NO1 PARKING" signs at no cost to the City. The "NO PARKING' signs will be in place not less than 24 hours prior to performing the work; therefore, a request for changes in schedule requiring additional posting shall be submitted by the Contractor for approval by the Engineer at least 48 hours prior to sealing the streets affected. Once a Street has been posted, failure of the Contractor to meet and complete with the approved daily schedule due to conditions under the Contractor's control, will result in damages being sustained by the City. For failure to meet and complete the approved schedule after posting, the Contractor shall paid to the City, or have withheld from monies due, the sum of $500.00 as liquidated damages per each calendar day of additional posting required at each street to complete the proposed work. Reposting and additional notification will be required for each missed day. All costs incurred for additional posting and notification shall be bore by the Contractor. These liquidated damages shall be assessed and paid for by the Contractor in addition to any other liquidated damages specified in other sections of this document. l 3.04 Public Relations Requirements Due to the nature of this project involving some inconveniences to residents, a good Public Relations Program is mandatory. The Contractor shall respond all complaints associated with the application of the Slurry Seal that include any alleged damage to private property and vehicles, within 24 hours of notification. Failure to comply with this provision will result in an additional penalty of $100.00 per occurrence. The City reserves the right to, after 24 hours of notification, respond to the complaint and repair the alleged damage. The Contractor shall reimburse the City for any costs involved in addressing the complaint, including any administrative costs incurred by the city. TP-4 3.5 Site Preparation Preparation Road Surface - No sooner than fourteen (14) days before slurry or crack seal application, the Contractor shall spray a herbicide mixture of either Hyvar mixed with Roundup or Pramatol mixed with Roundup on all weeds that are growing through cracks in the street, at the gutter -lip edge or at any place on the street surface that will be covered with slurry seal. The Herbicide mixture shall contain Blazon, a purple dye to easily confirm the herbicide has been applied. The cost of herbicide treatment shall be included in the unit price of crack sealing. A pre- emergent herbicide shall be mixed in the specified herbicide. The Contractor shall determine which herbicide is safe for application. The herbicide and its application shall conform to all State, local and Federal regu lations. All vegetation and loose materials shall be removed from the interface of existing pavement and concrete gutter. No slurry shall be placed until the edges are cleaned. Surface oil and grease shall be removed or sealed with emulsified residual or an equivalent material approved by the Project Engineer prior to final sweeping and application of the slurry seal. Asphalt pavement surfaces, which have been softened by petroleum derivatives or have failed due to any other cause shall be removed to the full depth of the damage and replaced with new asphalt concrete similar to that of the existing pavement. This will be completed by others. After grease oil and foreign matter have been removed, apply Industrial Asphalt OIL SEAL. OIL SEAL can be diluted 40% to 70% with potable water. Severity of the petroleum stain should dictate the amount of dilution. 'OIL SEAL should be brushed onto the oil stained surface insuring the total stain is well covered with OIL SEAL. Mix OIL SEAL well before using. Immediately before work begins, the existing surface from curb to curb including - gutters where applicable shall be carefully cleaned with a power sweeper, or otherwise scraped or cleaned to remove all foreign material and approved by the Project Engineer. Prior to commencing work, Contractor shall mark on the curb the location of all utility and manhole covers and survey monuments and remove these markings after completing the slurry seal work to the satisfaction of the Project Engineer. During the slurry seal operations, the Contractor shall place protective coverings over manholes, utility covers, monuments, raised pavement markers, drainage facilities or other facilities designated by the Project Engineer and remove protective coverings after slurry sealing operations have been completed for the day. All utility covers shall be cleaned to the satisfaction of the Project Engineer TP -5 at the end of the work day prior to opening the street from traffic. Blow torches shall not be used for unsealing utility or manhole covers. The Contractor shall replace all broken or dislodged pavement markers at their expense. It is anticipated that nuisance water, such as storm water runoff and irrigation water, will run in and across the right -of -way at various times throughout the period of construction. It shall be the responsibility of the Contractor, at his own expense, to provide for and protect the work from such water. In addition, the Contractor's responsibility shall include handling nuisance waters to that his operations do not cause them to damage existing improvements or properties adjacent to or near the site of the work. 3.06 Payment No separate payment will be made for Contractor's Responsibilities before starting Slurry Sealing; All costs for furnishing all labor, materials, tools, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. SECTION 4 CRACK SEALING 4.01 General The Contractor shall seal all existing cracks % -inch and wider, including alligators; edges; lane joints, traverse and longitudinal; and all random cracks. The Contractor shall be responsible to clean or replace at no cost to the City all Raised Pavement Markers soiled, broken, removed or adversely affected during construction. 4.02 Preparing Cracks Prior to sealing cracks, the Contractor shall remove all existing temporary A.C. patching material, vegetation and organic material from cracks '/. -inch and wider by routing out to a depth of % -inch. A Crafco Model 2000 router, or equal, shall be used to rout the cracks. All loose materials shall be removed from cracks to be sealed by using`; hot air lance accompanied by not less than 175 cfm compressor producing and `air stream velocity of 3,000 ft/sec. and heated air temperature of 2,950° F imm before the application of crack sealant. I 4.03 Applying Sealant The asphalt rut approved heater dispenser such as a Cr; minimum temperature of 350° F. The see and shall be applied in accordance with the Subsection 303 -1.8.7 of the Standard Soect sealant shall be heated in an Model BC 200, or equal, to a shall be Type "D" joint sealant, wfacture's recommendation and 4.04 Materials Crack sealing material poured rubber - asphalt joint sealant) conf< with Section 201 -3.7 of the Standard Spe+ be Type "D" joint sealant (hot - to ASTM D 1190 in accordance ins. The Contractor shall submit TP-6 the manufacturer's data sheet to the Engineer for approval prior to commencement of work. 4.05 Payment Payment for crack sealing will be made at the lump sum unit price bid under Bid Item 3. The unit price bid shall include full compensation for furnishing all labor, material, tools, and equipment and doing all work as specified herein and as directed by the Engineer. No separate payment will be made for any additional work or materials required in protecting, cleaning or replacing existing Raised Pavement Markers as required herein. SECTION 5 QUICK SET EMULSION AGGREGATE SLURRY 5.01 General " Emulsion aggregate slurry work shall be in accordance with Section 203 -5, Emulsion- Aggregate Slurry, of the Standard Specifications amended to delete slow -set type emulsified type asphalt. Mixing and spreading of slurry shall be in accordance with Section 203-4, Air - refined Asphalt, of the Standard Specifications. The Contractor at no cost to the City shall furnish all weighmaster's certificates required by the Standard Specifications or the provisions of these specifications. Transit mix truck shall not be used. 5.02 Materials The slurry shall be quick set emulsion aggregate slurry, Type II (cationic) with 2?/: % latex additive in accordance with Section 203 -5 of the Standard Specifications. 5.03 Preparation The Contractor prior to application of the slurry shall do all necessary preparation of the existing pavement. The Contractor shall thoroughly sweep or clean the surface, to the satisfaction of the Engineer, prior to application of the slurry. 5.04 Application The application rate of the slurry has been estimated at 1.350 square feet per extra long ton. The slurry shall be applied at this rate or as otherwise approved or directed by the Engineer. Prior to the beginning of slurry operations, the Contractor shall furnish current licensed weighmaster's certificates indicating the net weight capacity of the aggregate bin of each slurry mixer. Except for partial loads to complete a day's schedule, or for patching, each mixer shall be filled to its rated capacity and the Engineer and the Contractor shall keep a daily count of the number of loads . and /or partial loads applied to the streets by each slurry mixer. Each aggregate bin shall have permanent calibration marks in maximum increments of 2 tons. The Contractor shall provide the Engineer with licensed weighmaster's certificates of weight for all aggregates delivered to the job during the course of each day. Aggregate so certified as being delivered for use in the contract shall TP -7 be used only in the slurry mixture, or when approved by the Engineer, may (at no cost to the City) be spread over freshly applied slurry to prevent tracking or damage to the slurry as required by the Standard Specifications. The Contractor shall also present weighmaster's certificates for the amount of such aggregate remaining unused at the completion of the contract. Each slurry crew shall be composed of a coordinator at the project sited at all times, a competent quick set mixing operator, a competent driver and sufficient laborers for any handwork, cleanup and barricading. Spreaders to be used for this operation shall meet the approval of the Engineer. Adjacent passes shall not overlap more than 12 inches. No trucks to be used by the Contractor shall exceed the legal load limit when loaded, unless an overweight permit has' been previously obtain by the Contractor from the City paying all fees required. The Contractor shall be responsible to clean or replace at no cost to the City all Raised Pavement Markers soiled, broken, removed or adversely affected during construction. 5.05 Streets to be Slurry Sealed. The streets on which slurry seal shall be applied are listed in the Appendix. Approximate street lengths, widths, and areas are provided as a guide to the Contractor. 5.06 Payment Payment for slurry seal will be made under the unit price Bid Item 4. The unit price bid shall include full compensation for furnishing all labor, material, tools, and equipment and doing all' work as specified herein and as directed by the Engineer. No separate payment will be made for any additional work or materials required in protecting, cleaning or replacing existing Raised Pavement Markers as required herein. I. SECTION 6 TEMPORARY PAVEMENT MARKERS 6.01 General Immediately after applying th< place appropriate temporary pavement marke striping and markings covered by the slurry maintain the temporary pavement markers unt and markings are painted. slurry seal, the Contractor shall to replace the permanent street aeration. The Contractor shall the permanent pavement striping 6.02 Payment No separate payment will Striping and Markers. All costs for furnis incidentals and doing all the work involved, by the Engineer, shall be included in the pri of work. made for Temporary Pavement 3 all labor, materials, tools, and specified herein and as directed bid for the various contract items TP -8 TRAFFIC STRIPES AND PAVEMENT MARKINGS 84 -1 GENERAL Description All striping details including crosswalks, limit lines, pavement markings and perpendicular lines inside the crosswalk shall be installed with thermoplastic. All curb markings shall be installed with two coats of water borne base paint. Control of Alianment and layout The Contractor shall furnish the necessary control points for all striping and markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary not more than half -inch (Y=') in (50') from the specified alignment. When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent thermoplastic application. Using a rope as a guide for making spots every five - feet (5') may spot traffic lines, by using a marking wheel mounted on a vehicle, or by other means satisfactory to the Engineer. The layout of all work to be painted shall be inspected and approved prior to painting. Any work painted without prior approval of the layout is subject to removal and replacement at Contractor's expense. The Contractor shall employ a worker with minimum of five (5) years of experience to supervise the location, alignment, layout, dimensions, and application of the pavement markings. 84 -2 THERMOPLASTIC Thermoplastic shall be used on all striping details, limit lines, crosswalks, pavement markings, perpendicular lines and arrows only. 84 -3 PAINTED TRAFFIC STRIPING AND MARKINGS Materials Contractor shall furnish and install raised pavement markers (RPMs) for all striping details. Application The Contractor shall furnish and install traffic delineation using painted "Cat Tracking," temporary marking tape, or other approved media on the TP -9 same working day as existing striping is lost, in locations consistent with the striping plan(s). If temporary- marking tape is used, all tape shall be removed prior to installation of permanent striping. REMOVAL OF CONFLICTING STRIPING. Spotting shall be completed prior to removal of any existing striping. Existing striping and markings shall be removed prior to painting new striping and markings. No streets shall be left without the proper striping for more than 24 hours, or over weekends or holidays. All traffic lanes open to the public shall have line delineation. Existing striping, pavement legends and markings that do not conform to the plan shall be removed by wet sandblasting per Section 15- 2.028, "Traffic Stripes and Pavement Markings," and Section 15- 2.02C, "Pavement Markers," of the State of California Department of Transportation Specifications. All striping that is to be removed must be removed by wet sand blasting method. Sand blasting debris shall be removed before the end or each working day. No 'Blanking Out" or temporary covering will be allowed. i Contractor shall remove and replace existina raised pavement markers. Payment Payment for Striping, Legends, Traffic Markings, Raised Pavement Markers and Appurtenances will be made at the unit price bid under Bid Items No. 5. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Payment of the lump sum and unit prices bid 'shall include compensation for furnishing all labor, materials, tools and equipment, and doing all work involved as specified above, including but not limited to the removal by wet sandblasting of any interfering existing striping, markings and appurtenances, the preliminary layout/marking of all striping and markings as needed, painting, and replacing existing markers as required in this document. 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