Bellflower City Council
August 8, 2022

SECTION on Renumbering. All sections of the BMC affected by changes implemented by this Ordinance are renumbered as appropriate.

SECTION 6. A New Section 17.04.130 is added to the BMC to read as follows:
"17.04.130 Director.
(A) The Director has the authority and responsibility to hear and act upon all matters as specified in this title.
(B) The Director has the authority to interpret the use provisions applicable to each zone district identified in this title. In the event that a specific use or type of use is not listed, the Director has the authority to determine which listed use is most similar to the proposed use and thereby determine whether the use is permitted, permitted subject to conditional use permit review and approval, permitted as a temporary use, or prohibited. In determining "similarity," the Director must make all of the following findings:
(1) The proposed use must meet the intent of, and be consistent with the goals, objectives and policies of the general plan; (2) The proposed use must meet the stated purpose and general intent of the district in which the use is proposed to be located; (3) The proposed use cannot adversely impact the public health, safety and general welfare of the City's residents; and
(4) The proposed use must share characteristics common with, and not bU of greater intensity, density or generate more environmental impact, than those uses listed in the permitted uses section.
(C) Any applicant, interested person, or public official may appeal any decision of the Director to the Planning Commission in accordance with the appeal procedures set forth in this title."
SECTION 7. A new Section 17.04.140 is added to the BMC to read as follows:

17.04.140 Clarifying Ambiguities.

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements, or zone boundaries, it is the Director's duty to ascertain all pertinent facts, and to set forth in writing the findings and the interpretations. The Director can refer the matter to the Planning Commission as a scheduled matter not requiring public hearing, and the findings and interpretations of the Planning Commission will be set forth in the recorded minutes. Thereafter, such interpretations will govern."
SECTION 8. Amendment; Chapter 17.48. BMC Chapter 17.48 is amended in its entirety as set forth in Exhibit "A," which is incorporated by reference. —4—

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)rdinance No. 1417
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SECTION 9. Amendment; Definitions. BMC § It .06,010 is amended to add the following definitions:
"Administrative/Executive/Professional ®ffices" means a commercial use where a building, room or series of rooms is used to conduct professional - type business (e.g., architect, lawyer, doctor, engineer, stockbroker, insurance agent, accountant, consultant, tax preparer, real estate and advertising.
"Artisan Manufacturing" means the shared or individual use of hand -tools, mechanical tools and electronic tools for the manufacture of finished products or parts including design, processing, fabrication, assembly, treatment, and packaging of products or parts including design, processing, fabrication, assembly, treatment, and packaging of products; as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include, without limitation, food and bakery products; beverages; printmaking; household appliances; leather products; jewelry and clothing/apparel; metal work; furniture; glass or ceramic production; paper manufacturing.
"Automobile dealership" means a retail facility that specializes in the sale of automobiles and light and heavy-duty trucks and vehicles. Accessory uses for the service and repair of automobiles and vehicles, and the retail sales of goods and parts directly related to those automobiles and vehicles sold at the facility is permitted. Used or "pre -owned" automobiles, trucks and other vehicles are not allowed to exceed 20% of the sales, display and storage area of an automobile dealership.
"Beauty shop" means an establishment that provides personal care and grooming services such as hair cutting and styling; facials and skin care; aesthetician services; nail care; hair removal; cosmetics; and permanent make-up application to the face. These uses may also include accessory retail sales of products related to the services provided. "Beauty Shop" does not include massage, tattooing, or body piercing.
"Body Piercing" means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations. Body piercing does not include piercing of the ear lobe or outer portion of the ear.
"Motor Sport Dealership" mean a retail facility that specializes in the sale of all -terrain vehicles (ATVs), motorcycles for the purposes of off-road, motocross, or dual purposes, personal watercraft such as jet skis, utility and recreation utility vehicles for the purposes of traveling off-road, and snowmobiles. Accessory uses for the service and repair of vehicles, and the retail sales of goods and parts directly related to those vehicles sold at the —5—

City of Bellflower
Ordinance No. 1417

facility is permitted.
exceed 20% of the
dealership.
"Used" or "pre -owned" vehicles are
sales, display and storage area of
H
allowed to
a motor sports
"Pawn shop" means a business operated by a "pawn broker" as regulated by California law including, without limitation, Financial Code § 21000. "Tattoo/Tattooing" means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin to produce an indelible mark or figure visible through the skin. "Tattooing" does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment." SECTION 10. Amendment; Administrative Use Permits. BMC Chapter 17.98 is renamed to "Administrative Use Permits" and all references to "Minor Conditional Use Permits" within Title 17 (Zoning) are renamed to "Administrative Use Permits." SECTION 11. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 12. Enforceability. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 13. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other city ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other the city ordinance to remain in full force and effect for all purposes.

SECTION 14. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 15. Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City's ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
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3rdinance No. 1417
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SECTION 16, Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 17. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTI®N 18. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.

The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 19. Recordation. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 20. Effective Date. This Ordinance will take effect on the 30t" day following its final passage and adoption.

ORDINANCE NO, 1417 HAD ITS FIRST READING ON JULY 11, 2022, ITS SECOND READING ON AUGUST 8, 2022 AND WAS DULY PASSED, APPROVED,

AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF AUGUST 8, 2022.

Ray Dunton, Mayor
ATTEST:

Mayra Ochiqui, Cu�y CO����
Karl H. Berger, City Attorney
ATTACHMENT:

Exhibit A —Chapter 17.43 Town Center (TC) District
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ORDINANCE NO. 1417 _ EXHIBIT A
"Chapter 17.48 Town Center (TC) District

17.48.010 Purpose and Intent.

The purpose %J the Town Center (TC) District is to provide for the development and redevelopment of the City's downtown area. The intent of this chapter is to implement the following objectives that relate to the downtown area:

A. Accommodate and promote traditional specialty retail uses.

B. Enhance pedestrian activities through street furniture, landscape, and hardscape amenities.

C. Promote entertainment activities.

D. Respect established traditional building designs.

E. Encourage well designed and pedestrian oriented signage.

F. Promote inviting storefront design.

The Town Center District comprises the parcels and uses primarily oriented along Bellflower Boulevard, bounded by the Southern Pacific RR to the north and the Artesia (91) Freeway to the south.

The official map depicting the boundaries of the Town Center District is on file with the City Clerk.

17.48.030 Conflict With Other Regulations.

Whenever this chapter imposes more restrictive regulations upon buildings or structures, or on the use of land, or otherwise establish more restrictive regulations and standards then imposed or required by any other law, the provisions of this chapter will govern.

17.48.040 Allowable Uses.

Land, buildings, and other facilities must be designed, developed, and used only for those activities indicated for the Town Center District in Table 17.48.040. Where indicated with the letter "P," the use is permitted. The letters "CUP" indicate the use is conditionally permitted subject to the approval of a Conditional Use Permit pursuant to BMC Chapter

17.96. The letters "AUP" indicate the use is subject to the approval of an Administrative

City of Bellflower
Ordinance No. 1417 ® Exhibit A

Use Permit pursuant to BMC Chapter 17.98. Where indicated with the letters "NP," the use is not permitted. Uses are subject to the special use or development regulations indicated in the "Special Provisions" column.

Table 17. 48.040
Town Center District
Allowable Uses
-g-
Uses

SPECIAL PROVISIONS
A
Accessory Uses
1 Alcohol sales (on -sale and off -sale)
CUP
2 Drive-in/Drive-Through
CUP
BMC
§ 17.48.140
3 Gun Sales
CUP
4 Incidental Instruction
P
BMC
§ 17.48.095
5 Outdoor Dining
P
BMC
Chapter 17.74
6 Tasting Room (non-alcoholic)
P
7 Wireless Communication Facility
CUP
B
Eating and Drinking
Establishments
9 Bar, cocktail lounge, pub or tavern
CUP
10 Restaurant, Cafe, Bakery or Coffee
Establishment
P
11 Restaurant with on -sale alcohol
AUP
BMC
§ 17.48.085
C
Educational Uses
12 Child Care Center, less than or equal
to 5,000 sq. ft.

AUP
Second
BMC
floor and
§ 17.48.125
above
13 Child Care Center, more than 5,000
sq. ft.

CUP
Second
BMC
floor and
§ 17.48.125
above
14 School (Commercial, Vocational or
Trade), less than or equal to 5,000
sq.ft.

AUP
Second
BMC
floor and
§ 17.48.125
above
15 School (Commercial, Vocational or
Trade), more than 5,000 sq. ft.

CUP
Second
BMC
floor and
§ 17.48.125
above
D
Entertainment/Cultural Uses
16 Banquet/Fraternal Hall, less than or
equal to 5,000 sq. ft.

AUP
BMC
§ 17.48.125
17 Banquet/Fraternal Hall, more than
5,000 sq. ft.

CUP
BMC
§ 17.48.125
18 Community Center, less than or
equal to 5,000 sq. ft.

AUP
BMC
§ 17.48.125
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City of Bellflower
Ordinance No. 1417 — Exhibit A

19 Community Center, more than 5,000
sq. ft.

CUP
BMC
§ 17.48.125
20 Hookah Bars/Cafes (water pipe
AUP
smoking lounge)
21 Indoor/Outdoor Commercial
Recreational Facility (Arcade,
Archery, Axe Throwing, Billiard
AUP
BMC
§ 17.48.125
Parlor, Bowling Alley, Escape Room,
Indoor Playground, Laser Tag,
Miniature Golf, Skating Rink, Virtual
Reality Room), less than or equal to
5,000 sq. ft.
22 Indoor/Outdoor Commercial
Recreational Facility (Arcade,
Archery, Axe Throwing, Billiard
CUP
BMC
§ 17.48.125
Parlor, Bowling Alley, Escape Room,
Indoor Playground, Laser Tag,
Miniature Golf, Skating Rink, Virtual
Reality Room), more than 5,000 sq.
ft.
23 Museum, less than or equal to 5,000
sq. ft.

AUP
BMC
§ 17.48.125
24 Museum, more than 5,000 sq. ft.

CUP
BMC
§ 17.48.125
25 Religious Facility, less than or equal
to 5,000 sq. ft.

AUP
BMC
§ 17.48.125
26 Religious Facility, more than 5,000
sq. ft.

CUP
BMC
§ 17.48.125
27 Theater, less than or equal to 5,000
sq. ft.

AUP
BMC
§ 17.48.125
28 Theater, more than 5,000 sq. ft.

CUP
BMC
§ 17.48.125
E
Small-Scale/Artisanal
Manufacturing
29 Artisan Manufacturing
P
BMC
§ 17.48.065
30 Brewery, Micro -Brewery, Distillery or
Winery with on -sale or off -sale
AUP
BMC
§ 17.48.065
alcohol
F
Office Uses
31 Administrative/Executive/Professional
Office
P
BMC
§ 17.48.060
32 Laboratories
P
BMC
§ 17.48.060
33 Medical or Dental Offices, General
and Specialty
P
BMC
§ 17.48.060
34 Veterinary
P
BMC
§ 17.48.060
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City of Bellflower
®rdinance No. 1417 o Exhibit A

G
Public and Semi -Public
Institutional
35 Government Facility
P
36 Parking Lot/Parking Structure
P
Fronting on side streets lying
perpendicular to Bellflower
Boulevard.
37 Public Open Space/Amenities
P
38 Public/Private Utility/Communication
CUP
Fronting on side streets lying
perpendicular to Bellflower
Boulevard.

H
Residential
39 Home Occupation
P
In permitted residential
structure/use.
40 Family Day Care Homes
P
In permitted residential
structure/use.
41 Residences (second floor and above)
P
BMC § 17.48.130
42 Cottage food operations
P
In permitted residential
structure/use, BMC § 17.16.190
I
Retail Sales
43 Animal Adoption, Sales or Supplies
P
44 Antique Store
P
45 Apparel/Clothing and Accessories
P
46 Appliance Store
P
47 Art Gallery
P
48 Art Supplies
P
BMC § 17.48.095
49 Auto Parts and Accessories, Retail
Only, less than or equal to 5,000 sq.
ft.

P
50 Automobile Dealership
CUP
BMC § 17.48.105
51 Beauty Supplies
P
52 Bicycle Shop
P
53 Book Store
P
54 Candy/Confectionaries
P
55 Cigar Shop
P
56 Collectibles (Cards, Coins, Comics,
Stamps)
P
57 Convenience Store/Mini Mart
P
58 Cookware Shop
P
BMC § 17.48.095
59 Drugstore/Pharmacy
P
60 Electronic Cigarette and/or Electronic
Liquid Shop
CUP
—1 1—

City of Bellflower
Ordinance No. 1417 — Exhibit A

61 Electronics Sale and Repair (Cellular
Phone, Computer, Television, Video
Game
P
62 Florist/Floral
P
63 Furniture or Home Goods
P
64 Gift, Stationery, Greeting Cards
P
65 Grocery/Food Store
P
66 Hardware/Home Improvement Store
P
67 Hobby/Craft Supplies
P
68 Jewelry, Gems and Repair
P
69 Liquor Store (Off -Site Sale of Liquor,
Beer and Wine
CUP
70 Luggage and Leather Goods
P
71 Medical Equipment and Supplies
P
72 Motor Sports Dealership
CUP
BMC § 17.48.105
73 Music Store (Equipment,
Instruments, Records, Supplies)
P
BMC § 17.48.095
74 Office Supplies
P
75 Optical Shop
P
76 Party Supplies
P
77 Pawn Shop
CUP
BMC § 17.48.120
78 Photography Supplies, Cameras and
Photo Processing
P
79 Secondhand Store
CUP
80 Shoe Sales, Repair and Shoe Shine
P
81 Smoke Shop
CUP
82 Specialty Retail Shop
P
83 Sporting Goods
P
84 Swimming Pool Supplies
P
85 Toys and Games
P
86 Tuxedo, Costume, Formal Wear
Rental
P
J
Service Uses
87 Animal Grooming or Training
P
88 ATM
P
BMC § 17.48.140 for a drive-through
89 Bank
P
90 Barber Shop or Beauty Salon
P
91 Copy/Reproduction/Blueprint
Services and Center
P
92 Dry Cleaner/Cleaning/Pressing
P
Drop off service only.
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City of Bellflower
®rdinance No. 1417 ® Exhibit A

93 Gym/Fitness Facility/Club, less than
orequal to 5,000 sq. ft.

AUP
94 Gym/Fitness Facility/Club, more than
5,000 sq. ft.

CUP
95 Locksmith
P
96 Mailboxes/Mailroom/Postal Store
P
97 Massage Establishment
NP
98 Fuel Station
CUP
BMC § 17.48.070
99 Studio (Martial Arts, Dance, Photo,
Music), less than or equal to 5,000
sq. ft.

AUP
100
Studio (Martial Arts, Dance, Photo,
Music), more than 5,000 sq. ft.

CUP
101
Tailorshop
P
102
Tattoo Parlor
AUP

17.48.050 Use Determination.

To ensure the Town Center District permits all similar uses, the Director, upon written request, may determine if a use not specifically listed on Table 17.48.040 (Allowable Uses) be permitted on the basis of similarity to the uses listed, the purpose and intent of the Town Center District, and the goals, objectives, and policies of the General Plan.

A. Application. Application for determination of similar uses must be made in writing to the Director. Such request must include a detailed description of the proposed use, operating characteristics, and any other information deemed necessary by the Director.

B. Investigation. The Director must compare the proposed use characteristics with the goals, objectives, and policies of the General Plan as well as with the purpose and intent statement of the Town Center District to determine if the proposed use will be a permitted, conditionally permitted, administratively permitted or not permitted use.

C. Findings. The Director must make all of the following findings:

1. The proposed use meets the intent of, and is consistent with, the applicable goals, objectives, and policies of the General Plan;

2. The proposed use meets and conforms to the purpose and intent statement of the Town Center District;

3. The proposed use does not adversely impact the public health, safety and general welfare of the City's residents; and
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City of Bellflower
Ordinance No. 1417 — Exhibit A

4. The proposed use shares characteristics common with and is not of greater intensity or density or does not generate more environmental impacts than those uses listed on Table 17.48.040 (Allowable Uses).

D. Determination. I determination may be appealed to the Planning Commission in the manner provided by this Code.

17. 48.060 Office Uses, General.

A. Purpose. The purpose of this section is to reasonably limit the number and type of office uses permitted in the Town Center District. It is found that excessive office uses in the downtown area conflict with the following goals and objectives of the Town Center District:

1. Accommodate and promote traditional specialty retail uses.

2. Promote inviting storefront design.

B. Office Uses Defined. For the purposes of the Town Center District, office uses are:

1. Administrative, executive, and professional offices (e.g., architect, lawyer, engineer, accountant, tax preparer, real estate agent).

2. Medical, dental, laboratory, and veterinary offices and clinics.

C. Office Uses Limited in the Town Center District.

1. Office uses may not occupy more than 25% of the total gross floor area of available first floor building space fronting Bellflower Boulevard. An inventory UA office locations is kept on file with the City Clerk.

2. There is no limit or "threshold" on the number of office uses (gross floor area) situated within second floor locations or within downtown building space fronting any street lying perpendicular to Bellflower Boulevard unless specifically stated in this Code.

3. Medical, dental, laboratory, and veterinary offices and clinics must inc orporate-a
permanent retail floor space if fronting Bellflower Boulevard. The retail floor space must be a minimum of 25% of the gross floor area of the tenant space, incorporate a store front, and be located at the front of the tenant space fronting Bellflower Boulevard. The office/clinic floor space may not exceed 75% of the gross floor area of the tenant space and must be located behind the retail floor space.

17.48.065 Small-Scale/Artisanal Manufacturing.
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Aty of Beliflower
Firdinance
■age • of 24
Exhibit A
In addition to any other requirement of this Code, the following applies to any manufacturing use:

A. All activities must occur within buildings; outdoor storage/repair is prohibited; B. All uses must be carried on in such a manner that they do not create smoke, gas, odor, dust, sound, vibration, soot, heat, glare or lighting to a degree that is readily detectable at any point beyond the property line of the use; and C. A storefront consisting of a showroom, tasting room, or retail space must be included. The storefront must be a minimum of 25% of the gross floor area. °17.48.070 Fuel Stations.

A. Applicability. A new fuel station or the enlargement or alteration of an established fuel station requires a Conditional Use Permit. In approving a Conditional Use Permit for a fuel station in the Town Center District, the Planning Commission must make the following findings:

1. That the proposed fuel station use will not substantially increase vehicular traffic on any street in the immediate vicinity, especially those serving residential uses; and

2. That the proposed fuel station use will not create increased traffic hazards to pedestrians.

B. Location and Site Requirements. New fuel stations are only permitted contiguous to Bellflower Boulevard at arterial/street intersections. When considering an application for a new fuel station, the following standards apply:

1. A maximum of two fuel stations are allowed at each intersection;

2. A minimum distance of 500 feet is required between fuel stations located on the saIt=: side of the street and

3. The parcel size for a new fuel station must be a minimum of 15,000 square feet, with a minimum frontage of 100 feet.

C. Definition of Permitted Uses. Fuel station use -is limited to the sale of motor fuels.

D. Development Standards. Fuel stations must be designed so that form and scale are integrated with adjacent development and complement the traditional character of Town Center. Fuel stations are subject to the following standards:

1. Setbacks.
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City of Bellflower
Ordinance No. 1417 — Exhibit A

a. No building or structure may be located within 20 feet of a property line which abuts a residential district.
b. Pump islands must_be located a minimum of 20 feet from a street property line; however, a canopy or roof structure over a pump island may encroach up to 10 feet from a street property line.

2. Access.
a. No more than two vehicular access points to any one street is allowed. b. A minimum distance of 30 feet must be provided between driveway aprons (curb cuts) along a street frontage.
c. No driveway may be located closer than 10 feet to the end of a curb return. d. No driveway may be located closer than 20 feet to a common property line which abuts a residential district.
e. The width of a driveway apron (curb cut) Eannot exceed 30 feet. f. The use of shared access ways (aprons, curb cuts) and reciprocal access between parcels are encouraged.

3. Parking.
a. One parking space for each 200 gross square feet of floor area or fraction thereof in any building or structure must be provided. Gasoline queuing spaces used for the fueling of vehicles cannot count towards fulfilling this requirement. b. On-site parking for ancillary convenience marts (mini marts) and fast food franchises must be provided at the following ratios: Convenience marts -one parking space for each 200 gross square feet of floor area; Fast food franchises - one parking space for each 75 square feet of floor area dedicated to the fast food use. For drive- through parking (queuing) requirements, see Commercial Establishments with Drive -In and Drive -Through.
c. Outside storage of motor vehicles is prohibited. For the purpose of this section, "outside storage" means the parking of a motor vehicle in an unenclosed area of the fuel station site for a period longer than 24 hours.
d. No new or used vehicles may be parked on the premises for the purpose of sale, rental, or lease.
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City of Bellflower
Ordinance No. 1417 ® Exhibit A

e. Parking must be located and screened so as to minimize visibility of parked cars from the public right-of-way.
f. No vehicle may be parked on sidewalks, driveways, or alleys.

4. Landscaping.
aN Irrigated landscaping must comprise a minimum of 10% of the fuel station site area and must be permanently maintained.
b. A minimum eight foot inside dimension planter area bounded by a six inch high curb, must be provided along interior property lines, except openings to facilitate reciprocal access to adjacent parcels. Within the planter area, trees must be planted at a rate of one, 48 inch (minimum), box tree for every 15 linear feet of planter area. c. A minimum planter area of 400 square feet must be provided at the corner of two intersecting streets.
d. A minimum 10 foot inside dimension planter area, bounded by a six inch high curb, must be provided contiguous to the sidewalk.
e. Additional landscaping may be required at the determination of the Director to screen and buffer the fuel station from adjacent properties.

5. Site Maintenance.
a. No used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles may be located outside of a building. b. A refuse storage area, completely enclosed within a six foot high decorative masonry wall (split face concrete block, or equivalent) with solid metal gates, large enough to accommodate standard sized commercial trash bins, must be located on the rear portion of the property in such a manner as to be accessible to refuse collection vehicles. Wall and gate materials, textures, colors, and design must be architecturally N
ompatible with the surrounding buildings.
c. Driveways and service areas must be maintained and kept free of oil, grease, and other petroleum products without washing them into drainage, gutter, or sewer systems.

7. Lighting. All light sources, including canopy, perimeter, and flood lights must be shielded or recessed within the roof canopy so that the station will be indirectly visible and light is deflected away from adjacent properties and public streets. Lighting cannot be of such a high density as to cause a traffic hazard or adversely affect adjoining properties. The light standard may not be higher than 12 feet above finished grade. —17—

City of Bellflower
Ordinance No. 1417

8. Perimeter Walls.

Exhibit A
a. Where a fuel station abuts property in a residential district, a six foot high decorative masonry perimeter wall (split face concrete block, or equivalent) must be constructed. Materials, textures, colors, and design of the wall must be compatible with, and complement, onsite development and adjacent properties. Perimeter walls located adjacent to residential districts may extend to a maximum height of eight feet with Director approval.
b. When the perimeter wall reaches the established front yard setback line of any residentially -zoned lot abutting the fueling station, the perimeter wall must decrease to a maximum height of 42 inches.

9. Public Service Facilities. All automobile service stations are required to provide public restrooms on-site.

10. Restroom Screening. Restroom entrances visible from adjacent properties or the public right-of-way must be concealed from view by planters or decorative screening.

17.48.080 Entertainment License.

The City Council may issue an Entertainment License for non -adult business oriented entertainment. In approving the Entertainment License for entertainment as an ancillary use in the Town Center District, the City Council must make the following additional findings:

A. That the proposed use will not substantially increase vehicular traffic on adjacent streets serving residential uses;
B. That the proposed use will not create increased pedestrian traffic in adjacent residential areas;
C. That the proposed use will not generate adverse impacts that negatively affect adjacent parcels, such as noise; and
D. That the proposed use will include adequate restroom facilities, trash receptacles, and recycling bins, which will be properly maintained by the applicant and are sufficient for the needs of the proposed use.

17.48.085 Restaurant with On -Sale Alcohol.

Restaurants seeking an on -sale alcohol license are eligible to apply for an Administrative Use Permit. Businesses that do not qualify must apply for a Conditional Use Permit. In addition to any other requirement of this Code, a qualifying restaurant must comply with all of the following restrictions:
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o;ity of
wer
rdinance No.
® Exhibit A
A. Only full service and quick service
full menu are eligible. Food must be
B. Daily hours of operation are
There is no after-hours use of the
maintenance;
restaurants with an operational kitchen and a
served during all business operating hours;
limited to the hours between 6:00 a.m. to 2:00 a.m.
establishment, other than for routine clean-up and
C. Before serving alcohol, the owner/operator must possess a valid on -sale alcoholic beverage license and be in compliance with all applicable regulations and guidance issued by the California Department of Alcoholic Beverage Control at all times; D. The establishment must allow patrons of all ages, at all times; E. No cover charges and entry fees may be charged/required of patrons; F. Signs advertising brands and types of alcohol may not be visible from the exterior of the premises. The display of alcoholic beverages must be interior only (no outdoor display) at all times;
G. Customized lighting and sound system conducive of a nightclub atmosphere are prohibited at all times.

17.48.095 Incidental Instruction.

Incidental instruction is permitted so long as no more than an aggregate of 15% of the total gross floor area within the building space is occupied by the incidental instruction area.

17.48.105 Automobile and Motor Sports Dealerships.

A new automobile/motor sports dealership or the enlargement or alteration of an established automobile/motor sports dealership in the Town Center District requires a Conditional Use Permit. In addition to any other requirement of this Code, the following applies to the sale of automobiles and/or motor sport vehicles:

A. Minimum lot frontage width: 100 feet, as measured along any public street; and B. Minimum lot size: 15,000 square feet.

17.48.120 Pawn Shops.

The Planning Commission may approve a pawn shop subject to the following standards:

A. Ancillary gun sales may be allowed within a pawn shop. Ancillary gun sales must
not exceed more than 25% of total gross annual retail sales. -19-

City of Bellflower
Ordinance No. 1417

— Exhibit A
B. Not more than two pawn shops may be established, located, operated or maintained within the Town Center District.

C. Security window coverings must conform to this code.

17.48.125 Public Assembly Uses.

A. Notwithstanding any other provisions of this Code, public assembly use is defined as any use that is established for the purpose of: 1) gathering, deliberating, worshiping, educating, entertaining, or conducting workshops including, without limitation, banquet halls, educational institutions (which are to be permitted on second floor and above only), commercial recreational facilities (e.g., bowling alleys, skating), and theaters; or 2) establishing a permanent, headquarters -type and meeting facility for organizations including, without limitation, religious facilities and fraternal halls.

B. All public assembly uses must provide
permanent seats. A "seat" means 18 lineal i
arranged in rows or benches. Where there ai
square feet of floor area. Any required parking
from the property where the public assembly
parking requirements.
�t least one parking space for every four
ches of seating space when seats are
no fixed seats, a "seat" means seven
spaces may be located in a separate lot
is
is proposed, subject to the off-street
C. If property is located within Parking District No. 1 and proposed public assembly use requires more parking than the existing use, then the parking requirement may be satisfied by the payment of an in -lieu fee for every such additional required parking space.

The amount of the in -lieu fee will be established by City Council resolution.

D. The Director may approve alternative parking for any public assembly use including, without limitation, use of public parking lots, to meet some, or all, of the on-site parking requirements, subject to the parking assessment requirements of this chapter.

E. The public assembly use must comply with this code.

17.48.vin
Residential Uses.

The Planning Commission may approve the establishment of a residential use subject to the following standards:

A. The exterior design and appearance of the building is compatible with the purpose and intent of the Town Center District; and
B. The residential use must be located on the second floor and above.

17.48.140 Commercial Establishments with Drive -In and Drive -Through Service. -20-

City of bellflower
Ordinance No. 1417 — Exhibit A

A. A conditional use permit is required for drive in or drive-through uses, subject to the following standards:

1. Drive-in and drive-through establishments may be located only on lots having street frontage on Bellflower Boulevard. Such establishments must be located so as not to: (a) be a hazard or nuisance to nearby uses; (b) create traffic congestion or vehicular hazards; and (c) conflict with pedestrian circulation movements.

2. The minimum lot size for adrive-in ordrive-through establishment is 15,000 square feet.

3. Drive-through aisles must have a minimum 12 -foot width on curves, and a minimum 11 -foot width on straight sections.

4. Drive-through aisles must provide sufficient queuing area behind the pick-up window to accommodate a minimum of six automobiles.

5. All service areas, rest rooms, and ground/roof mounted mechanical equipment must be screened from public view.

6. Pedestrian walkways should not intersect the drive-through drive aisles, but where — as a practical matter — they must, they must have clear visibility, and must be emphasized by enriched pavement treatments (e.g., interlocking pavers or stamped concrete).

7. Each such establishment must have a minimum street frontage of 70 linear feet.

8. The architectural design
compatible with surrounding u
Center.
of any drive-in or drive-through establishment must be
es and the traditional architectural character of Town

9. No driveway can be located closer than 10 feet to the end of a curb return.

17.48.150 Outdoor Display and Sale of Merchandise.

Limited outside display of merchandise may be permitted pursuant to this code.

17.48.160 Site Dimensions, Height Limitations, and Lot Coverage.

The following table sets forth minimum lot dimensions and maximum height limitations and lot coverage for parcels located in Town Center District.

Table 17.48.160
Site Dimensions, Height Limitations and Lot Coverage
_21_

City of Bellflower
3rdinance No. 1417 — Exhibit A

Feature
Standard

1. Site/Lot Area minimum
3,000 square feet' 12

2. Lot Width (minimum)25
feet' 12

3. Lot Depth (minimum)115
feet' 12

4. Height Limitations
(maximum)
a. Adjacent (within 50 feet) to a residential
district or existing residential
15 feet (one story)5
development4
b. Other locations
35 feet two and one-half stories 3,6

5. Lot Coverage maximum
100 percent
Notes:
(1) A lot that does not comply with the applicable requirements is considered to be a legal building site for the purposes of development or the establishment of a new land use only if: (a) the parcel was previously a legal lot of record; and (b) the parcel has a valid certificate of compliance or conditional certificate of compliance issued in accordance with this Code and the Subdivision Map Act (Government Code §§ 66410, et seq.). The creation of new lots must abide by the minimum lot area, width, and depth provisions listed.
(2) No minimum lot area, width, or depth requirements may be required for individual parcels created as condominium developments if part of an integrated Master Planned Development.
(3) Existing and proposed theaters and religious facilities may exceed this height limit, up to a maximum height of 55 feet, in order to accommodate ancillary roof projections (e.g., theater proscenium, spires, towers, campanile, minarets). (4) Adjacent: Having lot lines or zoning boundaries in common. (5) This height limit may be exceeded when one foot side and rear setback is provided for every foot higher than 15 feet, up to two stories or 30 feet. (6) This height limitation may be exceeded when one foot front setback is provided for each two feet higher than 35 feet, up to four stories or 45 feet, whichever is less.

17.48.170 Setbacks.

The following table sets forth setback requirements for buildings and parking lots located in the Town Center District.

Table 17.48.170
Setbacks

City of Bellflower
Ordinance No. 1417 ® Exhibit A

Feature
Standard
Standard Parking
Building
Lot 3

1. Front Property Line Setback
0 feet'
5 feet
minimum/maximum

2. Rear Property Line Setback (minimum)
a. Adjacent to a residential district or
5 feet5
0 feet
existing residential development4
b. Adjacent to existing or planned
0 feet
0 feet
commercial or office develo mento

3. Interior Side Property Line Setback
a. Adjacent to a residential district or
5 feet5
0 feet
existing residential development
minimum 4
b. Adjacent to existing or planned
0 feet2
0 feet
commercial or office development
minimum/maximum 4

4. Street Side Property Line Setback
0 feet
5 feet
Notes:
(1) All buildings must be located at the front property line (0 foot setback) in order to preserve the traditional main street image of Town Center. A three-foot indentation may be provided to accommodate door openings.
(2) All front building fagades must be constructed from side property line -to -side property line in order to promote a continuous, traditional, "street wall" of storefronts N
ontiguous to Town Center streets. Separation between buildings are discouraged. (3) Parking fronting Bellflower Boulevard is discouraged and must be located to the rear of the parcel, where possible.
(4) Adjacent: Having lot lines or zoning boundaries in common. (5) Buildings located on parcels located adjacent to residential districts or existing residential development which exceed the 15 -foot height limit must provide a 10 -foot side and rear property line setback.

17.48.180 Permitted Encroachments Within the Public Right -of -Way.

An encroachment permit may be issued for the following within the Town Center ®istrict:

A. Building Features.

1. Eaves and cornice elements, not to exceed a projection of one foot. -23-

City of Bellflower
Ordinance No. 1417 — Exhibit A

2. Awnings, not to exceed a projection of six feet.

3. Canopies and marquees, not to exceed a projection of six feet.

4. Architectural features (e.g., window and door sills, columns, pilasters), not to exceed a projection of one foot.

5. Light fixtures, not to exceed a projection of two feet.

B. Signs.

C. Landscape Features. Plant containers.

17.48.190 Future Rights -of -Way.

A. This section is applicable only where a portion of a lot or parcel is within an area planned to be part of a future street, alley, or other public right-of-way as determined from an officially adopted plan, and the acquisition of such portion would not reduce the minimum site/lot area as specified on Table 17.48.160, Site Dimensions, Height Limitations, and Lot Coverage.

B. Portions of any lot in the Town Center District within a future right-of-way area cannot be occupied by buildings or structures other than those encroachments identified in this chapter. All other required setbacks, yards, and open areas must be provided in addition to the future right-of-way areas, and the future right-of-way lines are considered to be lot lines (property lines) for purposes of measuring building and parking setbacks, site/lot area, lot width and depth, and lot coverage.

C. The following encroachments are permitted within future right-of-way areas:

1. Fences, walls, or hedges, not to exceed three feet.

2. Landscaping.

3. Access walkways and driveways.

17.48.200 Street Dedication and Improvement.

No construction permit for a new or redeveloped building will be issued until street dedication and improvement requirements as shown on the circulation plans are met.

17.48.210 Parking and Driveway Requirements.

A. Parking. Parking requirements for new development within the Town Center District must maintain a minimum ratio of one parking space for every 400 gross square -24-

City of Bellflower
®rdinance No. 1417 — Exhibit A

feet of floor area. All newly constructed, expanded, or redeveloped buildings and structures must provide adequate parking to maintain this minimum ratio. The Director may, subject to this chapter, approve alternative parking.

B. Any use may apply to utilize the public parking lots to meet some, or all, of the on- site parking requirements. The Director will evaluate such request based on considerations such as the ease of pedestrian access; the reasonable adjacent or proximate distance to the public parking lot; the parking assessment report; and the practicability of transferring the parking obligation. The applicant must prepare and submit a Parking Assessment Report containing the following components:

1. An assessment of the proposed project's highest parking demand time periods;

2. An analysis of available public parking locations during high parking demand time periods; and

3. A plan to include the use of maps, guides, or other wayfinding showing the locations of Bellflower public parking lot locations, in any marketing materials or marketing methods generated by the applicant.

In addition, the applicant must also enter into an agreement with the City clarifying that the use of public parking spaces does not grant a possessory right to the applicant; that the public may freely use any parking space within the public parking area; and that any transfer of ownership requires a reapplication for off-site parking. The City Manager is authorized to execute any such agreement in a form approved by the City Attorney.

C. Driveways. Each project site must provide a 20 -foot minimum driveway width or tWO 10 -foot driveways for each project site. The minimum required back -out space must comply with the "Parking Standards" diagram in this chapter. If a portion of the required driveway width is also used as a back -out space and the minimum required back -out space is greater than the minimum required driveway width, the minimum required back- out space requirement applies for the portion of the driveway used as back -out space.

D. Parking Space Dimension. Any permanently maintained parking space must be a minimum of nine feet by 18 feet for the parking of motor vehicles.

A. No wall or fence may be constructed within the Town Center District until the Director approves plans and designs. In addition, a wall or fence requires a building permit. All walls and fences, whether required or not, must be located and limited in accordance with the provisions of this section.

B. Wall and Fence Height.
-25-

City of Bellflower
Ordinance No. 1417 — Exhibit A

1. A six foot high solid decorative masonry perimeter wall (split face concrete block, or equivalent) is required adjacent to all residential districts. When the wall reaches the established front yard setback line of a residentially -zoned lot abutting the Town Center District, it must be decreased to a height of 42 inches. Perimeter walls located adjacent to residential districts may be extended to a minimum height of eight feet with Director approval.

2. Walls which are not located adjacent to residential districts (internal lot walls) are allowed to be a maximum of six feet in height.

3. Fences must not exceed six feet in height.

4. A maximum three foot high solid decorative masonry wall may be permitted anywhere on the interior of a lot.

5. A maximum three foot high decorative non -view -obscuring fence may be permitted anywhere on the interior of a lot.

C. Wall and Fence Material and Design.

1. Perimeter and internal lot
concrete block, or equivalent with
allowed.
walls must be decorative, composed of split face
coping. Standard concrete masonry unit block is not

2. Fences must be decorative, composed of wrought iron, or equivalent, with 18 inch wide solid decorative pilasters located 25 feet on center.

3. Perimeter and internal lot walls must be finished on both sides.

4. Wall and fence colors, textures, and materials must be coordinated with building architecture to achieve compatibility of design.

D. Walls and fences must be maintained in good repair and appearance.

E. The use of chain-link, barb wire, razor wire, wood or plastic slats, or wire fencing is not allowed.

17.48.230 Security Devices and Window Glass.

A. The use of shatter resistant laminated vigil pane security glass is encouraged for storefront security.

S. The use of exterior scissor style security grilles and roll -up metal doors or grates are prohibited.
-26-

City of Bellflower
Ordinance No. 1417 — Exhibit A

C. Interior scissor style security grilles must be concealed from public view when not in use by retracting the grilles into casings which are in proportion and scale to the building's architecture.

D. Permanent security bars (defined as those clearly visible and fixed to the exterior of windows or doors) are prohibited.

E. Interior security mullions which mimic individual window panes may be allowed as a security device, as approved by the Director.

17.48.240 Performance Standards.

The conduct and operation of all uses in the Town Center District must comply with the minimum standards of performance set forth below:

A. Noise. The conduct and operation of all uses must comply with the following standards:

1. It is unlawful for any Town Center District activity to create noise that exceeds an exterior noise level of 60 dBA (a weighted method of measurement) during the hours of 10:00 p.m. to 7:00 a.m. and 65 dBA (a weighted method of measurement) during the hours of 7:00 a.m. to 10:00 p.m., as measured at the property line. Itis unlawful for interior oise limits to i
nmpact residential interior spaces above 45 dBA (a weighted method of measurement).

2. It is unlawful for any person to load, unload, open, close, or handle boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 8:00 a.m., in a manner which would cause a noise disturbance to an abutting residential district.

3. It is unlawful for any person to cause or permit the repairing, rebuilding, modifying, oI testing of any motor vehicle (e.g., auto, truck, recreation vehicle, motorcycle, off-road vehicle) in such a manner as to create a noise disturbance between the hours of 10:00 p.m. and 8:00 a.m. affecting an abutting residential district.

4. Exterior air conditioning equipment must have a sound rating number (SRN) in accordance with ARI (Air Conditioning and Refrigeration Institute) Standard 270.

5. Any live music, or music systems (e.g., CD players, radios, tape players, digital audio players) may be conducted, designed., installed, and operated in a manner which is not disturbing to surrounding Town Center District uses and abutting residential districts.

B. Lighting. The conduct and operation of all uses must comply with the following standards:

City of Bellflower
Ordinance No. 1417 — Exhibit A

1. All lights and glare associated with operations and illuminated signs must be shielded or directed so as not to illuminate abutting residential districts.

2. Suilding lighting, for the purpose of accenting architectural elements through the use of exposed neon, may be approved by the Director.

C. Smoke. No operation or activity is permitted to have operations which emit excessive smoke, fumes, or dust or which exceed the requirements of applicable law.

D. Maintenance of Open Areas. All open areas must be landscaped or surfaced and permanently maintained in accordance with applicable law.

E. Vibration. No operation or activity is permitted which will create vibration noticeable without instruments at the perimeter of the subject property.

F. Mechanical and Electrical Equipment. All mechanical and electrical equipment including, without limitation, air conditioners; antennas; satellite dishes; pumps; transformers; heating; and ventilating equipment must be located and operated in a manner that does not disturb adjacent uses and activities. All rooftop mechanical and electrical equipment must be screened from public view through the use of architectural features (e.g., parapet, cornice). Antennas, satellite dishes, and monopoles cannot exceed the building height limit, and must be located and designed so as to minimize the visual impact on surrounding properties and from public streets. Antennas, satellite dishes, and monopoles must be screened through the addition of architectural features and/or landscaping that harmonize with the elements and characteristics of the property.

The materials used in constructing the antenna,, satellite dish, or monopole cannot be unnecessarily bright, shiny, garish, or reflective.

C�. Electrical Nuisance. No operation or activity may transmit, generate, or otherwise cause any electrical, magnetic, or electromagnetic radiation disturbance that affects the operation of any use, equipment, or process employed by any use beyond the boundary of the site.

H. Liquid and Solid Wastes. No discharge at any point into any disposal system, or into the ground, of any toxic or hazardous liquid or solid materials is allowed.

I. Heat or Cold. No operation or activity can emit heat which would cause a temperature increase or decrease on any adjacent property in excess of 10 degrees Fahrenheit, whether the change is in the air, on the ground, or in any structure.

J. Trash Areas. All refuse must be stored within City approved trash containers. All areas for the storage of trash containers must be effectively screened from public view or placed within an enclosure bounded by a six foot high solid masonry decorative (split face concrete block or, equivalent) wall, with solid metal doors. All trash enclosures must be _28_

City of bellflower
®rdinance No. 1417 — Exhibit A

securely designed to prevent access to anyone other than the authorized users and the refuse service company.

17.40.2 50 Nonconforming Structures and Uses.

These provisions provide for the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals, objectives, and policies of the General Plan. This section is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable, and timely fashion.

Nonconforming structures and uses within the Town Center District are detrimental to both orderly and creative development, and the general welfare of citizens and property.

A. Nonconforming Structures. A structure which lawfully existed before the effective date of the ordinance codified in this chapter is a legal nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the Town Center District. A legal nonconforming structure may be maintained as follows:

1. A legal nonconforming structure which is damaged to an extent of 50% may be restored only if made to conform to all provisions of this chapter.

2. Reasonable repairs and alterations may be made to legal nonconforming N
ommercial structures, provided that no structural alterations be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Director determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property.

However, improvements required to reinforce nonreinforced masonry structures is permitted, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.

3. Reasonable repairs required by law will be permitted.

4. Any additional development of a parcel with a legal nonconforming structure may require that all new structures be in conformance with this chapter and all applicable portions of this code.

5. If the nonconforming structure is unoccupied for a period of one year or more the structure will lose its legal nonconforming status, and will be removed or altered to N
onform to the provisions of this chapter and all applicable portions of the code. A use of a legal nonconforming structure must be considered discontinued when any of the following apply:
_29_

City of Bellflower
Ordinance No. 1417

Exhibit A
a. The explicit intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the Director.
b. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal
inued
occuV ancy and/or use has been discontfora period of one year or more, unless the discontinuance of use was for the purpose of making repairs required by law.
c. Where there are no business receipts available for the one year period.

B. Abatement of Nonconforming Structures.

1. Legal nonconforming structures may be removed or structurally altered within the following specified time limit, from the effective date of the ordinance codified in this chapter.

2. Nonconforming structures may be continued for a period not to exceed 22 years.

C. Nonconforming Uses. A nonconforming use is one which lawfully existed before the effective date of said ordinance, but which is no longer permitted in the Town Center District. The continuance of a legal nonconforming use is subject to the following.

1. Change of ownership, tenancy, or management of a nonconforming use will not affect its legal nonconforming status, provided that the use and intensity of use does not N
hange.

2. If a nonconforming use is discontinued for a period of six or more consecutive calendar months, it will lose its legal nonconforming status, and the continued use of the property is required to conform with the provisions of this chapter and all applicable portions of this code.

3. Additional development of any property on which a legal nonconforming use exists will require that all existing and new uses conform to the provisions of this chapter and all applicable portions of this code.

4. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

5. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed.

D. Abatement
discontinued within
-30-
of Nonconforming Uses. Legal
the following specified time limits,
nonconforming uses must be
ordinance.
from the effective date of said

City of Bellflower
Ordinance No. 1417 o Exhibit A

1. A nonconforming use which does not occupy a structure: five years.

2. The nonconforming use of a conforming structure: 22 years.

E. Structure Permits or Certificates of Occupancy Prohibited. When any nonconforming structure or use is no longer permitted pursuant to the provisions of this chapter, no permit for a structure thereafter will be issued for further continuance, alteration, or expansion. Any permit issued in error must not be construed as allowing the continuation of the nonconforming structure or use.

F. Removal of Illegal Nonconforming Structures and Uses. Nothing contained in this chapter must be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses must be removed immediately subject to the enforcement provisions of this code and other applicable law." -31-

-A,4 OF nrU P ,QIVZ�I
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Elizabeth Corpuz, Director of Planning and Building Services Kathryn Brun, Assistant Planner
SUBJECT: Consideration and possible action to read by title only, waive further reading, and introduce Ordinance No. 1417 — An Ordinance amending certain sections of Bellflower Municipal Code ("BMC") Title 17 (Zoning) pertaining to allowable uses, development standards, and process and procedures in the Town Center (TC) District. [Continued from June 27, 2022]
DATE:

July 11, 2022

EXECUTIVE SUMMARY
If adopted, the Ordinance would amend Bellflower Municipal Code ("BMC") Chapters

17.04 (General Provisions), 17.08 (Definitions), and 17.48 (Town Center (TC) District) governing allowable uses, development standards, and process and procedures within the TC District. This Ordinance would add definitions for certain uses, allow for artisanal manufacturing uses, update and simplify the allowable uses table, and streamline the approval process for various uses including, without limitation, alcohol sales for restaurants, breweries, and distilleries. The Ordinance would also remove the "Area 1" and "Area 2" designations of the Town Center District, On May 16, 2022, the Planning Commission adopted Resolution No. PC 22-08 recommending that the City Council make the changes within the proposed Ordinance. On June 27, 2022, the City Council held a public hearing to consider this Ordinance. At the conclusion of the meeting, the City Council closed the public hearing and directed staff to bring back a revised Ordinance incorporating its suggested changes for consideration.

RECOMMENDATION TO CITY COUNCIL

1. Read by title only, waive further reading, and introduce Ordinance No. 1417; or

2. Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
None.
-32-

Report Ordinance. .
ully 11, 2022
■ •

ENVIRONMENTAL REVIEW
The Ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"). Based upon that review, the Ordinance is exempt from additional environmental review pursuant to 14 Cal. Code Regs. § 15061(b)(3). The Ordinance will not result in any development or changes to the physical environment. After evaluating possible environmental impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

DISCUSSION
On June 27, 2022, the City Council held a public hearing to consider an Ordinance to amend BMC Chapter 17.48 (TC District); adding definitions to Chapter 17.08 (Definitions); and amending regulations in Chapter 17.04 (General Provisions). These changes would allow artisanal/small scale manufacturing; requiring an Administrative Use Permit (AUP) instead of a Conditional Use Permit (CUP) for alcohol sales in conjunction with a permitted restaurant, brewery or distillery; removing the distinction between Area 1 and Area 2 of the TC District and combining the allowable uses; revising the entire allowable uses table; removing antiquated uses such as outdoor newsstands; and modifying the process and procedures to allow a more streamlined review process. At the conclusion of the meeting, the City Council closed the public hearing, continued the matter to the July 11, 2022, City Council meeting, and directed staff to revise the Ordinance. The Ordinance was revised as follows:
• Child care and educational uses were revised to be allowed on the second floor and above only; and child care and educational uses of less than or equal to 5,000 sq.ft. was revised to be allowed with an Administrative Use Permit and those more than 5,000 sq. ft. to be allowed with a Conditional Use Permit; • Hookah Bars/Cafes was revised to be allowed with an Administrative Use Permit;
"Archery," "axe throwing," and "indoor playground" were added to the Indoor/Outdoor Commercial Recreational Facility use description; and • In the Allowable Uses Table, all "MCUPs" were changed to "AUPs" and all references in Title 17 (Zoning) to "Minor Conditional Use Permits" were changed to "Administrative Use Permits."

ATTACHMENTS
A. Ordinance No. 1417 .........................

June 27, 2022 Ci
' _ - ac ments)............................33
withMarkups..................................................................36 -33-

14-D

TO: Honorable Mayor and Members of the City Council

FROM: Jeffrey L. Stewart, City Manager

SUBJECT: Consideration and possible action to receive and file Agreement File No. 939 between the City of Paramount and the City of Bellflower for the cooperative implementation of Lakewood Boulevard and Somerset Boulevard Intersection Improvements.

DATE: August 8, 2022

EXECUTIVE SUMMARY

The City Council considered this matter in Closed Session on April 25, 2022, in which the City Council directed the City Manager and City Attorney to negotiate a settlement regarding the necessary improvements to the Lakewood Boulevard and Somerset Boulevard intersection. These future improvements are needed due to the AltAir Renewable Fuels Conversion Project in the City of Paramount which will result in significant truck traffic in this intersection. Agreement File No. 939 has been fully executed and is attached for reference.

RECOMMENDATION TO CITY COUNCIL

1) Receive and file AFN 939; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

The City of Bellflower will be responsible for reimbursing Paramount for Paramount’s Costs incurred on the project which is limited to Bellflower’s portion which consists of 42% of the total project cost.

ATTACHMENT

AFN 939 .......................................................................................................................... 2

-1-

AGREEMENT BETWEEN THE CITY OF BELLFLOWER AND THE CITY OF

PARAMOUNT FOR LAKEWOOD BOULEVARD AND SOMERSET BOULEVARD

INTERSECTION IMPROVEMENTS
THIS AGREEMENT ("Agreement') is effective as of this day of June , 2022 Effective Date"), by and between the City of Paramount ("Paramount"), a rnunicipal corporation, and the City of Bellflower ("Bellflower"), a municipal corporation, for the cooperative implementation of Lakewood Boulevard and Somerset Boulevard Intersection Improvements (the "Project").

RECITALS
WHEREAS Paramount and Bellflower (jointly rererred to as the "Parties" and interchangeably as "Party") agree that the Project is mutually beneficial to both Parties; WHEREAS the Project consists of installing asphalt to the approaches and intersection of Lakewood Bouievard and Somerset Boulevard; WHEREAS the estimated Project cost for Bellflower is 42% of an estimated total Project cost of Two Million and Two Hundred Thousand Dollars ($2,200,000), representing the value of such work as of the date of this Agreement, inclusive of professional engineering and construction services. Bellflower will be responsible for its percentage portion (42%) of the actual project costs determined at the time the Project is commenced;
WHEREAS the Parties each have appropriated, or will appropriate, sufficient funds to pay for the Project;
WHEREAS Paramount shall construct the Project consistent with the Project plans, and any work completed by either Party beyond the Project plans shall be at the sole expense of said Party and shall not be reimbursed; WHEREAS Paramount will conduct Request for Proposals and Invitations for Bids wh re applicable for the Project, the responses to which will be jointly reviewed by the Parties:

WHEREAS the Pa ties agree that Paramount will select an on-call consultant to perform design, construction management and inspection services, and that the cost of the on-call consultant shall be apportioned between the Parties in the same manner as other Project costs;
WHEREAS the Parties agree to jointly select a contractor from responsive bids and proposals and agree that Paramount shall execute an agreement with the jointly selected contractor or consultant; and
-2-

WHEREAS as set forth herein, Bellflower shall reimburse Paramount for Bellflower's percentage portion of the amount paid by Paramount for costs incurred in completion of the Project, in the manner as set forth in Section 6.

NOW, THEREFORE, in consideration of the mutual promises and conditions in this Agreement, the Parties agree as follows:

SECTION 1. Purpose of the Agreement.

The purpose of this Agreement is to provide for Bellflower's reimbursement of that percentage portion of Paramount's Costs Incurred in completing the Project and to provide for the defense of any action arising against either or both Parties as a result of the construction of the Project. For purposes of this Agreement, the term "Paramount's Costs Incurred" includes costs incurred by the City of Paramount, including, but not limited to, expenses arising from project management, design consultants, funding management, construction materials and labor, and construction management.

SECTION 2. Term of the Agreement.

The term of this Agreement shall commence on the Effective Date identified above and shall continue until Bellflower has remitted to Paramount full payment of costs pursuant to Section 6 of this Agreement, or until the Agreement is terminated as provided for in Section 8.

SECTION 3. Project Scope.

The Project may include the following elements:

Sidewalk improvements;
Americans with Disabilities Act improvements;
Rehabilitation of existing pavement;
Repair of miscellaneous concrete surfaces;
Any additional improvements deemed necessary by the Parties; and Services necessary to implement the Project, including, but not limited to, planning, design and environmental services, construction and construction management, funding management and project management.

The Project shall be designed and constructed within Bellflower's jurisdiction in accordance with the specific design standards and specifications pertaining to Bellflower's jurisdiction. Bellflower and Paramount shall each approve the Project Scope prior to conducting Requests for Proposals and Invitations of Bids. -3-

SECTION 4. Selection of Contractors and Consultants
Paramount shall conduct Requests for Proposals and Invitations of Bids where applicable, for the Project. Paramount shall consult with Bellflower during the selection process regarding the qualifications and costs presented in responding bids and proposals. The Parties will jointly select from responding bids and proposals. Project contractors or consultants shall be hired by Paramount. Bellflower has the right to review and comment on:

Paramount's agreements with contractors and consultants, prior to execution of the agreements. The Parties agree that any provisions in the contractor or consultant services agreement requiring that Paramount is listed as an "additional insured" shall also require that Bellflower is listed as an "additional insured." The Parties also agree that the agreement for contractor or consultant services shall require the contractor or consultant to meet with Bellflower to provide information necessary to the Project.

During construction of Project, Paramount shall furnish an inspector or other representative to perform the functions of an inspector. Bellflower may also furnish, at no cost to Paramount, an inspector or other representative to inspect construction of the Project. Said inspectors shall cooperate and consult with each other, but the orders of the Paramount inspector to the contractors or any other person in charge of construction shall prevail and be final.

SECTION 5. Permits
Bellflower shall, upon approval of the construction plans for the Project, issue Paramount a no-fee permit authorizing Paramount to construct the Project within Bellflower's jurisdiction.

SECTION 6. Reimbursement of ProjectCosts.

Bellflower shall be responsible for reimbursing Paramount for Paramount's Costs Incurred on the Project which is limited to Bellflower's percentage portion which consists of 42% of the total Project costs valued at the time of commencement of construction of the Project. ("Bellflower's Obligation").

Upon Bellflower's receipt of an invoice for Bellflower's Obligation for Project costs ("Project Invoice"), such as all services performed for, and materials used on the Project, Bellflower shall pay the Project Invoice in full. In addition to the Project Invoice showing the balance of Bellflower's Obligation due, Paramount shall provide Bellflower with supporting Project documents, which include, but are not limited to, construction as- built plans, construction and demolition documentation, and centerline -4-

monument corner tie point records. Within thirty (30) days of Paramount's submittal to Bellflower of the Project Invoice showing the balance of Beliflower's Obligation and other items (as-built plans, construction and demolition documents and centerline tie records) to Beilflower's satisfaction, Bellflower shall remit payment to Paramount for Bellflower's Obligation as shown on the Project Invoice.

SECTION 7. Indemnification.

Each Party, as an Indemnitor, agrees to protect, indemnify, and hold the other Party (the Indemnitee") and its employees, officers and agents free and harmless from any and all losses, claims, liens, demands and causes of action of every kind, including, but not limited to, the amounts of judgment, interests, court costs, legal fees, experts fees, experts costs, and other expenses incurred by the Indemnitee arising in favor of any Party, including losses and claims regarding personal injuries, death, or damages to property, and without limitation by enumeration, all other claims or demands of every kind occurring or arising directly out of the negligent acts, errors or omissions of the Indemnitor in the performance of its obligations and duties under this Agreement, except when the injury to persons or damage to prope ty are due or claimed to be due to the Indemnitee's negligence or willful misconduct. This provision is not intended to create any cause of action in favor of any third party against either Party to this Agreement, but is intended solely to provide for indemnification of a Party for liability for damages and injuries to third persons or property arising from the Indemnitor Party's negligent perFormance of this Agreement. This Section 7 survives the termination or expiration of this Agreement.

SECTION 8. Default and Termination.

A. Notice of Default. If for any reason, a Party fails to fulfill in a timely and proper manner its obligation under this Agreement, or a Party has violated any of the terms or conditions of this Agreement, the non-violating Party shall provide a Notice of Default to the violating Party setting forth the breached terms or conditions of this Agreement. The violating Party shall then have thirty (30) days to cure the terms and conditions in the written notice. The Notice of Default shall refer to this clause, specify the nature of the alleged default, and shall specify the effective date of the termination in the event that breach does lead to termination.

B. Failure to Cure. If the violating Party fails to cure and bring into compliance all terms specified, the non-violating Party shall then have the right to terminate this Agreement without further notice to the violating Party. Paramount shall only receive reimbursement for Bellflower's Obligation, if any is due pursuant to Section 6 of this Agreement, for the portion of the Project performed in compliance with this Agreement as of the termination date.
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SECTION 9. Assignment.

The rights and duties of each Party are specific to the Parties and are not transferrable without the consent of the non-transferring Party. Neither Party shall assign rights or responsibilities under this Agreement without the express written consent of the other Party, which may be withheld for any reason or no reason.

SECTION 10. Resolution of Disputes.

Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the e ent reasonably feasible, be resolved through good faith negotiations between the Parties. If following good faith negotiations between the Parties, the Parties are unable to reach a mutually agreeable resolution to the dispute, either party may commence an action in the appropriate court in Los Angeles County as described in Section 15B.

SECTION 11. Notice.

A. Any notice desired or required to be given pursuant to this Agreement or by any law now or hereinafter in effect shall be given by personal delivery, or by enclosing the same in a sealed envelope with postage prepaid, certified or registered mail, return receipt requested, with the United States Postal Service.

B. Notice to Paramount shall be sent to following address: City of Paramount, 16400 Colorado Avenue, Paramount, CA 90723, Attn: Director of Public Works C. Notice to Bellflower shall be sent to the following address: City of Bellflower, 16600 Civic Center Drive, Bellflower, CA 90706, Attn: Director of Public Works SECTION 12. Force Majeure.

The respective duties and obligations of the Parties, pursuant to this Agreement, shall be suspended while and so long as performance is prevented or impeded by strikes, disturbances, riots, fires, severe weather, government action, war acts, acts of God, pandemic, or any other cause similar or dissimilar to the foregoing, which are beyond the control of the Party from whom the affected performance was due.

SECTION 13. Waiver.

Either Party's failure to insist upon strict perFormance of any of the terms or conditions of this Agreement shall not be deemed a waiver of any right or remedy that the Parties may have, and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of terms or conditions of this Agreement.
-6-

SECTION 14. Severability.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.

SECTION 15.Governing Law and Compliance.

A.In performing the duties and obligations pursuant to this Agreement, each Party is responsible for its compliance with all local, State and Federal laws and regulations.

B.This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the Parties, venue in the State trial courts shall lie exclusively in the County of Los Angeles.

In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California.

SECTION 16. Headings.

The headings, order, and grouping of provisions of this Agreement are for the purpose of convenience and shall not be used to construe meaning or intent.

SECTION 17. Interpretation ofTerms.

This Agreement is jointly prepared by the Parties. Therefore, this Agreement shall not be construed against any Party on the basis such Party drafted this Agreement or any provision within it.

SECTION 18. Entire Agreement and Exhibits.

This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the Project. Each Party to this Agreement acknowledges that no representation, statement or promise which is not embodied in this Agreement or any other agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing and signed by both Parties. -7-

SECTION 19. Authority.

The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this Agreement on behalf of the respective Parties. This Agreement shall inure to the benefit of, and be binding upon, the Parties hereto and their respective successors and assigns.

IN WITNESS HEREOF, the PARMOUNT and BELLFLOWER have executed this AGREEMENT as of the date first herein above set forth.

CI OF PARAMOUNT CITY OF BELLFLOWER
By: By:

Vilma Cuellar-Stallings, Mayor Ray D ton, ayor
ATTE r
By:

Heidi Luce, City Clerk
APPROVED AS TO FORM:

By:
hn E. Cavan h, City At y
APPROVED A O M:

By:
t
Ka l H. Berger, t Attorney
CC4'E;GENERaL'+1'tiN REPORTS 2022 CCLAKE'NOOD SOMERScT IMPRO`/EMENT rOST SHARINGAGREEMENT-CITY OF eEU_0'h R RNAL,C D^CX.B io 2022'2C'?M
-8-

14-E
TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Jim DellaLonga, Director of Economic Development

SUBJECT: Consideration and possible action to authorize the City Manager to execute Task Order No. 1 for Amendment No. 3 to Agreement File No. 855, in a form approved by the City Attorney, with Harris & Associates, to conduct a feasibility study regarding the implementation of an Enhanced Infrastructure Financing District within the Transit Oriented Development Specific Plan area.

DATE: August 8, 2022

EXECUTIVE SUMMARY

Harris & Associates has performed a number of analyses for the City including assisting with the fiscal analysis of the cannabis ordinance, and various property valuations. This task order will authorize Harris & Associates to conduct a feasibility study regarding the implementation of an Enhanced Infrastructure Financing District (EIFD) within the Transit Oriented Development Specific Plan area.

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager to execute Task Order No. 1 for Amendment No. 3 to Agreement File No. 855, in a form approved by the City Attorney; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

The proposed cost of $45,970 for Task Order No. 1 for Amendment No. 3 for the EIFD feasibility study is within the remaining contract amount and will be charged to Economic Development Account No. 510-42054-4002.

DISCUSSION

Harris & Associates has provided on-call advisory services to the City since late 2019.

Amendment No. 3 to Agreement File No. 855 was approved by City Council in January 2022 in an amount of $146,575 for the formation of two tenant-based, business improvements districts along the Bellflower Boulevard commercial corridor. It also includes $50,000 for on-call general economic development and financial services that may include, but are not limited to, real estate analysis, financial analysis, and advisory services as well as cannabis revenue research and advisory services. Amendment No. 3 also extended the term for an additional year.
- Page 1 of 8 -

Staff Report – Task Order No. 1 for Amendment 3 to AFN 855 with Harris & Associates
August 8, 2022

DISCUSSION – Continued

In 2015, EIFDs were created and approved by the state as a post-redevelopment tax increment financing tool for cities and counties. City or county officials can create an EIFD to finance public capital facilities that provide significant benefits to the surrounding community. Property taxing entities have the option to opt in to a city’s EIFD and schools, as property taxing entities cannot be included in an EIFD. An EIFD is governed by a public financing authority made up of members from the participating taxing entities and a minimum of two public members.

The largest hurdle to forming an effective EIFD is gaining the participation of the other taxing entities, specifically, the County, which is typically the largest taxing entity remaining after the education related taxing entities. Without participation by the County, EIFDs are not typically able to generate enough tax increment to justify the creation of the district.

Staff recently met with a Metro team (Metro, Community Connections, LLC., and Kosmont Companies) to discuss the potential formation of an EIFD around the future light rail station within the Transit Oriented Specific Plan area in an effort to utilize this tool to capture the anticipated increase in property tax revenue that is often seen around new light rail stations. At this meeting, the Metro team indicated that based on recent discussions, the County of Los Angeles may have more of a willingness to participate in EIFDs and would work with the City to analyze the area around the Bellflower Light Rail Station.

In order to get an objective, third-party EIFD feasibility study of the Bellflower Transit Oriented Development Specific Plan Area, staff requested a proposal from Harris & Associates. With staff input, the feasibility study will include: the identification of district boundaries; planned, proposed, and potential future development; infrastructure needs and estimated costs; valuation data for properties included within the boundaries, funding and financing analyses, fiscal impact analysis; implementation and governance plan; and the presentation of the findings to city staff and City Council.

ATTACHMENT

Task Order No. 1 for Amendment No. 3 to Agreement File No. 855 ............................... 2 - Page 2 of 8 -

TASK ORDER NO. 1

In accordance with Section 2 of the Agreement between the CITY OF BLLFLOWER, a municipal corporation (“CITY”) and Harris & Associates, a California Corporation (“CONSULTANT”) (the “Master Agreement”), CITY and CONSULTANT agree as follows:

1. Specific Project Data

A. Title: Enhanced Infrastructure Financing District (EIFD) Feasibility Study

B. Description: In performing an analysis of the use of an EIFD for the City, Harris will be able to provide the City with an assessment of how an EIFD might create financing for infrastructure investments in the Bellflower area that support the vision for current projects near the Pacific Electric Corridor, as well as projects to come.

2. Services of CONSULTANT

See attached Exhibit “A,” Proposal – Enhanced Infrastructure Financing District (EIFD) Feasibility Study.

3. CITY’s Responsibilities

Determination of potential EIFD boundaries and fulfillment of a data request for planned, proposed, and potential future development as well as any infrastructure needs and the estimated costs of that infrastructure.

4. Times for Rendering Services

Phase Completion Date
All Tasks November 1, 2022

5. Payments to CONSULTANT

City will pay CONSULTANT for services within each phase as follows:

Category/Phase Compensation Method
(Hourly/Lump Sum) Amount
Task 1 – Data Gathering Hourly $6,270
Task 2.1 - Preliminary
Funding and Financing
Analysis
Hourly $13,310
Task 2.2 – Fiscal
Analysis Hourly $3,590
Task 2.3 – Governance
and Implementation
Roadmap
Hourly $9,320
- Page 3 of 8 -

Task 2.4 – City
staff/Council Meetings Hourly $5,145
Overall Coordination Hourly $8,335
Total $45,970

6. CONSULTANT’s subconsultants

None.

7. Attachments:

Exhibit “A” - Proposal – Enhanced Infrastructure Financing District (EIFD) Feasibility Study

Execution of this Task Order by CITY and CONSULTANT will make it subject to terms and conditions of the Master Agreement. CONSULTANT is authorized to begin performance of services contained in this Task Order upon its receipt of a copy of this executed Task Order, which will be deemed to be the Notice of Proceed.

The Effective Date of this Task Order is _______________, 2022.

CITY CONSULTANT

Jeffrey L. Stewart, City Manager Hitta Mosesman, VP, Development and Housing Consulting

- Page 4 of 8 -

Exhibit A

Proposal
Enhanced Infrastructure Financing District (EIFD) Feasibility Study - Page 5 of 8 -

22 Executive Park, Suite 200, Irvine, CA 92614  (949) 655-3900  www.WeAreHarris.com July 13, 2022

Mr. Jim Dellalonga
Director of Economic Development
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706

PROPOSAL - ENHANCED INFRASTRUCTURE FINANCING

DISTRICT (EIFD) FEASIBILITY STUDY
Dear Mr. DellaLonga
Harris & Associates (Harris) is pleased to present this proposal to the City of Bellflower (“City”) for an Enhanced Infrastructure Financing District (“EIFD”) Feasibility Study.

As a recognized authority on the statutory procedures and requirements for district formation, Harris works with each client to determine the most cost-effective solutions for special financing districts, whether to form, reform, or closeout. We provide customized services to meet the specific needs of each client in their formation process. Harris is adept at conducting a preliminary analysis of the financial, legal and political implications of an EIFD before staff time and resources are devoted to the effort to ensure appropriate public investment of time and funds.

In addition to our expertise in district formation services, the proposed project team has direct experience in working with the City on prior projects, providing our team with valuable context and in depth understanding of the City’s needs. The following outlines our understanding of the project, proposed scope of services, and estimated fee to provide these services.

PROJECT UNDERSTANDING
An EIFD is a tool used to fund economic development projects within a geographic boundary utilizing tax increment financing.

As one of the more popular tools for economic development at the local level, EIFDs can offer the resources to encourage new infrastructure, attract new capital deployment, and align public funding resources in a geographic area to support businesses and residents. Since the elimination of redevelopment in 2011, municipalities have faced increased hurdles in their efforts to bring infrastructure improvements, economic development, and affordable housing to fruition. As is the case with many municipalities, these remain top priorities for the City and its residents.

Harris understands that the City wishes to procure a consultant to perform an EIFD Study. In performing an analysis of the use of an EIFD for the City, Harris will be able to provide the City with an assessment of how an EIFD might create financing for infrastructure investments in the Bellflower area that support the vision for current projects near the Pacific Electric Corridor, as well as projects to come.
- Page 6 of 8 -

Harris & Associates, Inc.  enhanced infrastructure financing district (EIFD) – city of bellflower 3 of 3

SCOPE OF SERVICES
Task 1: Identification of Boundaries and Data Request for Initial Screening Criteria Harris will hold a kickoff meeting with City staff to discuss possible opportunity sites for evaluation and what public infrastructure and other projects the City would like to consider through the EIFD. In coordination with City staff, Harris will then evaluate key implementation considerations, including:
• Properties to include in EIFD (boundaries)
• Any intersection with former Redevelopment Agency Project Area boundaries and the status of redevelopment dissolution for those identified.
• Potential public and private sector partners including, but not limited to, the City, Los Angeles County, any other impacted taxing entities, and developers/ property owners.

Harris will submit a data request for information following this meeting which will include, but not be limited to, the following:
• Planned / proposed / potential future development.
• Infrastructure needs and estimated costs.

Harris staff will also download County assessment roll data to determine ownership and assessed value information for all properties within the EIFD boundaries.

Deliverables: one (1) data request
Meeting: one (1) kick off meeting
Task 2: EIFD Feasibility Study
Harris will prepare a feasibility study to determine if an EIFD is a financially viable tool for the City. This study will include the information detailed below.

TASK 2.1: PRELIMINARY FUNDING AND FINANCING ANALYSIS
Based on the boundaries, infrastructure needs, and future planned/projected development identified under Task 1, Harris will conduct an analysis of preliminary funding and financing, identifying potential future development and possible public and private sector partners. This analysis will include review of:
• Assessed value that may possibly be generated from future development in the district. • Potential capacity for tax increment financing funding looking at specific annual benchmarks and collectively over the projected lifetime(s) of the district. This analysis will include several different scenarios at different levels of County involvement.
• Preliminary evaluation of prospective bonding capacity as prepared by Harris (also a registered Municipal Advisor).
• Corresponding financing tools and funding resources including, but not limited to, Community facilities district [CFO] financing, grants, the leveraging of real estate assets owned by the City, and other resources. • Prospective revenue generation comparison to infrastructure types and cost required to aid potential development.
• Analysis of remaining permitted obligations and implications on existing revenues as it relates to any potential intersection with former redevelopment agency district boundaries and project areas.

TASK 2.2: FISCAL IMPACT ANALYSIS
Harris will assess the City’s revenues (property tax, sales tax, etc.) and expenditures (police, fire, community service costs, etc.) and the ensuing fiscal impact that remains over time resulting from a district implementation in the City. EIFD legislation requires this fiscal impact analysis as part of a district formation. Harris recently completed a fiscal impact analysis for the City related to the Regional Housing Needs Assessment and that model will be utilized for this Task to provide cost savings to the City.
- Page 7 of 8 -

Harris & Associates, Inc.  enhanced infrastructure financing district (EIFD) – city of bellflower 3 of 3 TASK 2.3: IMPLEMENTATION AND GOVERNANCE PLAN
Considering any prior communications from the City regarding tool(s) of preference when it comes to governance and implementation, Harris will assess and provide a summation of practicable options including, but not limited to, district governing board composition, voting / approval procedures, district formation milestones, proposed debt issuance guidelines, and estimated timing.

TASK 2.4: CITY STAFF/COUNCIL MEETING
Harris will coordinate a meeting with City staff and present the findings of the EIFD feasibility study. Harris will also prepare a power point presentation and present the study findings during a City Council meeting to obtain direction.

Deliverables: (2) draft reports and (1) final report
Meetings: (1) meeting to present findings to City Staff and (1) City Council meeting

PROJECT TEAM
Hitta Mosesman, Vice President, will serve as the Principal-in-Charge for the work. Hitta has 20 years of experience in providing real estate, financial, housing other municipal consulting services to cities and special districts throughout southern California. Hitta will be assisted by Dima Galkin, Senior Project Manager, Joe Yew, Certified Municipal Advisor, Kyle Westra, Senior Analyst, and Nathan Cayabyab, Analyst, with additional staff to be assigned as needed.

PROPOSED FEES
Harris will provide services on a time-and-materials basis based on an initial not-to-exceed budget of $45,970, including meetings and coordination. A detailed table with staff hours and tasks is provided below. We anticipate the project to commence over an 8–12-week period. This Fee estimate is valid for 90 days from the date of the proposal.

We appreciate the opportunity to continue to work with the City of Bellflower. Please feel free to contact us if you have any questions.

Sincerely,
Harris & Associates, Inc.

Hitta Mosesman
VP, Development and Housing Consulting
(949) 264-8572  [email protected]

EIFD Feasibility Study Fee Schedule
Principal
in Charge
Senior
Project
Manager
Municipal
Advisor
Senior
Analyst Analyst
Task $275 $210 $195 $145 $135

1. ID Boundaries & Data Request for Initial Screening Criteria 3 8 12 15 $6,270

2. EIFD Feasibility Study

2.1 Preliminary Funding and Financing Analysis 12 20 8 20 10 $13,310

2.2 Fiscal Analysis 2 5 10 4 $3,590

2.3 Governance and Implementation Roadmap 12 18 8 8 $9,320

2.4 City Staff/Council Meetings (2 virtual - includes prep)8 12 2 1 $5,145 Coordination time (internal and with City staff)12 12 2 10 5 $8,335 Estimated Total Professional Services (Hourly) Fees $13,475 $15,750 $1,950 $8,990 $5,805 $45,970 Total
- Page 8 of 8 -

14-F
TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works Philip Wang, Assistant City Engineer

SUBJECT: Consideration and possible action to adopt Resolution No. 22-44 – A Resolution approving the plans and specifications for the Bellflower Boulevard Complete Streets Project from Artesia Boulevard to South City Limit (Specifications No. 18/19-07), pursuant to Government Code §830.6, establishing a project payment account; and authorizing solicitation of bids.

DATE: August 8, 2022

EXECUTIVE SUMMARY

This action would approve the Plans and Specifications, preserve the City’s right to assert design immunity to any claim for damages arising from the design, and authorize the Public Works Department to advertise for bids for the Bellflower Boulevard Complete Streets Project from Artesia Boulevard to South City Limit (Specifications No. 18/19-07). The award of a contract will be brought before the City Council at a later date for approval.

RECOMMENDATION TO CITY COUNCIL

1) Adopt Resolution No. 22-44; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

The Engineer’s estimate of cost plus contingency to perform the work under Specifications No. 18/19-07 is $1,356,000. Funds are budgeted in Account No. 030-47050-9000 (Federal Earmark Exchange Funds/HSIP Grant Funds) for Fiscal Year 21/22.

DISCUSSION

This project will be for the complete streets project of Bellflower Boulevard from Artesia Boulevard to South City Limit. The City of Bellflower Public Works Department applied for a Highway Safety Improvement Program (HSIP) grant in Cycle 9 through a Call for Projects from Caltrans and was awarded $1,045,890 in grant funding for this project to improve safety in the community by installing bulb-outs, bicycle lanes, and a raised median. Work as part of this project also includes 2” grind and overlay of Asphalt -1-

Staff Report – Specifications No. 18/19-07, Bellflower Boulevard Complete Streets Project from Artesia Boulevard to South City Limit
August 8, 2022

DISCUSSION - Continued

Rubberized Hot Mix (ARHM), localized dig outs, concrete work, loop detectors, and ADA upgrades. The City also utilized 2016 Federal Earmark Exchange Program funds to match the HSIP Grant of which the City has $425,600 from Metro Prop C funds.

Upon City Council approval of the Plans and Specifications for this project, staff will solicit bids for the construction of the improvements.

CEQA

Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities).

ATTACHMENTS

Resolution No. 22-44....................................................................................................... 3 Plans & Specifications ..................................................................................................... 6 -2-

CITY OF BELLFLOWER

RESOLUTION NO. 22-44

A RESOLUTION APPROVING THE PLANS AND

SPECIFICATIONS FOR THE BELLFLOWER BOULEVARD

COMPLETE STREETS PROJECT FROM ARTESIA

BOULEVARD TO SOUTH CITY LIMIT (SPECIFICATIONS
NO. 18/19-07), PURSUANT TO GOVERNMENT CODE
§830.6, ESTABLISHING A PROJECT PAYMENT
ACCOUNT; AND AUTHORIZING SOLICITAITON OF BIDS

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. The City Council finds and declares as follows:

A. Public Works Department contracted with Onward Engineering to prepare the Plans and Specifications for the Bellflower Boulevard Complete Streets Project from Artesia Boulevard to South City Limit (“Project”);

B. The Director of Public Works reviewed the completed Plans and Specifications for the Project and agrees that Plans and Specifications are complete and the Project may be completed;

C. The City Council wishes to obtain the immunities set forth in Government Code §830.6 with regard to the Plans and
Specifications and completion of the Project; and

D. The City reviewed the project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”). The Project is categorically exempt from additional environmental review pursuant to CEQA Guidelines § 15301 (Existing Facilities).

SECTION 2. Design Immunity; Authorization.

A. The Plans and Specifications for the Project are determined to be consistent with the City’s standards and are approved.

B. The Plans and Specifications approval set forth in this Resolution occurred before actual work on the Project construction commenced.

C. The approval granted by this Resolution conforms to the City’s General Plan.
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City of Bellflower
Resolution No. 22-44

D. The Director of Public Works, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the Plans and Specifications approved by this Resolution.

E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code §830.6.

F. The City Manager, or designee, may solicit bids for the Project in accordanc with applicable law.

SECTION 3. Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designeer, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project (“Project Payment Account”). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Documents administering the Project.

SECTION 4. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.

SECTION 5. Electronic Signatures. This Resolutin may be executed with electronic signatures in accordance with Government Code § 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signture.

SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, shall attest thereto.

SECTION 7. This Resolution will become effective immediately upon adoption.

///
///
///

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City of Bellflower
Resolution No. 22-44

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 8TH DAY OF AUGUST 2022.

____________________________
Ray Dunton, Mayor

ATTEST:

_______________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

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CITY OF BELLFLOWER

BELLFLOWER, CALIFORNIA

PLANS

SPECIFICATIONS

AND CONTRACT DOCUMENTS

FOR THE

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

SPECIFICATIONS NO. 18/19-07

PREPARED BY:

ONWARD ENGINEERING
300 S. HARBOR BLVD., SUITE 814
ANAHEIM, CALIFORNIA 92805
(714) 533-3050

For questions regarding these Bid Specifications
or project, please contact:

Project Manager: Philip Wang, PE
(562) 804-1424, ext. 2254

BIDS DUE: THURSDAY, SEPTEMBER 22, 2022 at 11:00 AM

These plans and specifications are the exclusive property of the City of Bellflower and shall not be used in any manner without prior consent of the City of Bellflower. Any reuse of these plans and specifications by others shall be at other’s sole risk and without liability to the City of Bellflower. -6-

CITY OF BELLFLOWER

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

SPECIFICATIONS NO. 18/19-07

TABLE OF CONTENTS

SECTION PAGE

NOTICE INVITING SEALED BIDS ............................................................................. N-1

BIDDING INSTRUCTIONS .......................................................................................... I-1

BID DOCUMENTS (All Bid Documents must be submitted by bid date) Bid ................................................................................................................................ B-1 Bidders General Information ........................................................................................ B-2 Bidder’s Statement of Past Contract Disqualifications ................................................. B-3 Insurance Requirements .............................................................................................. B-4 List of Subcontractors ................................................................................................... B-6 Project Bid Sheet ......................................................................................................... B-7 Bid Bond ....................................................................................................................... B-9 Non Collusion Declaration .......................................................................................... B-10 Equal Employment Opportunity Certification .............................................................. B-11 Nonlobbying Certification ........................................................................................... B-12 Disclosure of Lobbying Activities ................................................................................ B-13

CONTRACT DOCUMENTS
Agreement ................................................................................................................... C-1 Faithful Performance Bond ...................................................................................... FPB-1 Labor and Materials Bond .................................................................................... L&MB-1 Worker’s Compensation Insurance Certificate ......................................................... WC-1 Declaration of Sufficiency of Funds……………………………………………………..DSF-1

GUARANTY ................................................................................................................ G-1

STANDARD SPECIFICATIONS ................................................................................ SS-1 PCC § 9204 .................................................................................................... ATTACHED

TECHNICAL PROVISIONS ....................................................................................... TP-1

APPENDICES
Standard Plans ............................................................................................. APPENDIX-1 Federal Documents ...................................................................................... APPENDIX-2 -7-

N-1

NOTICE INVITING SEALED BIDS

FOR THE BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

IN THE CITY OF BELLFLOWER
SPECIFICATIONS NO. 18/19-07

The City of Bellflower is accepting sealed bids in the City Clerk’s office, 16600 Civic Center Drive, Bellflower, CA 90706, until 11:00 a.m. on:

THURSDAY, SEPTEMBER 22, 2022

at which time they will be publicly opened. Each bid must be accompanied by a certified or cashier’s check or bidder’s bond payable to the order of the City of Bellflower or cash for an amount not less than ten percent (10%) of the bid price submitted, and the check, bond, or cash deposit of the successful bidder shall be forfeited to the City if such bidder fails to enter into the contract to perform the work within ten (10) days after written notice of award. Bids will not be accepted after that time.

As described in the Bidding Documents, the bids are for a public works project (“Project”) which consists of the BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT and related work as shown on the plans on file with the City’s Public Works Department. The Engineer’s Estimate of cost is $1,356,000. Bids will be publicly opened on Thursday, September 22, 2022. At the time of contract award, the contractor shall possess a Class A Contractor’s License. No bid will be accepted from a contractor who has not been licensed in accordance with the Provisions of Chapter 9, Division III, of the Business and Professions Code of the State of California at the time the bid is submitted. Following the issuance of the Notice to Proceed, the contractor shall have ninety (90) working days to complete the work.

Work on the Project must be performed in strict conformity with Specification No. 18/19- 07 as adopted by the City’s City Council on August 8, 2022 which is filed with the City’s Public Works Department. Copies of these plans and specifications may be obtained by prospective bidders from the Public Works Department, 16600 Civic Center Drive, Bellflower, CA 90706 for a non-refundable fee of $35.00. Plans and specifications can be mailed for an additional non-refundable fee of $10.00 per set.

Mandatory jobsite walk will be held on September 8, 2022 at 10:30 AM at 9944 Flora Vista Street, Bellflower, CA 90706. Prospective bidders will have opportunity to examine the project site and are encouraged to raise any questions associated with the project and site. Attendance of the jobsite walk is mandatory for parties wishing to submit a bid as the Prime Contractor.

The terms and conditions for bidding on the Project are described in the Bidding Instructions which can be found at www.bellflower.org .

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Notice Inviting Sealed Bids
Specifications No. 18/19-07
N-2

This project requires payment of State prevailing rates of wages for Los Angeles County or the Davis Bacon Act Federal Wage Rates, whichever is higher. The contractor must post copies of the prevailing schedule at each job site. Copies of these rates of wages are available from the State of California Department of Industrial Relations Prevailing Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at www.dir.ca.gov .

Note that the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4, to be nonresponsive.

Five percent (5%) will be deducted from each progress payment and retained by the City.

The remainder less the amount of all previous payments will be paid to the Contractor.

Pursuant to Public Contracts Code (“PCC”) § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, any such election will be at the Contractor own expense and will include costs incurred by the City to accommodate the Contractor’s request.

DATED this 8th day of August, 2022.

CITY OF BELLFLOWER, CALIFORNIA

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Instructions to Bidders
Specifications No. 18/19-07
I-1

CITY OF BELLFLOWER

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

SPECIFICATIONS NO. 18/19-07

BIDDING INSTRUCTIONS

1. DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special Conditions, or other Contract Documents are applicable to all Bidding Documents.

1.1 “Addenda” means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections.

1.2 “Alternate” means a proposed change in the Work, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both.

1.3 “Bid Deadline” means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda.

1.4 “Bidder” means a person or firm that submits a Bid.

1.5 “Bidding Documents” means the construction documents prepared and issued for bidding purposes including all Addenda.

1.6 “Lump Sum Base Bid” means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates.

1.7 “Unit Price” means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement.

2. BIDDER’S REPRESENTATIONS. By making its Bid, Bidder represents that:

2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents.

2.2 Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents.

2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding Documents.
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Instructions to Bidders
Specifications No. 18/19-07
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2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the State of California Contractor’s State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder will have a joint venture license appropriate for the performance of the work, and each member of the joint venture will likewise have the appropriate license. Business and Professions Code §§ 7000-7191 establish licensing requirements for contractors. If a Bidder, that is a specialty contractor, submits a Bid involving 3 or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder must also hold either (1) a specialty contractor “C” license in each such trade, (2) a General Engineering contractor “A” license, or (3) a General Building contractor “B” license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade.

2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.

2.6 Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents.

2.7 The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder’s behalf.

2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work.

2.9 The Bidder has paid the City’s business license fee(s).

3. BIDDING DOCUMENTS.

3.1 Bidders may obtain complete sets of the Bidding Documents from the City’s Public Works Department for the sum stated in the Notice for Bids.

3.2 Bidders will use a complete set of Bidding Documents in preparing Bids.

3.3 The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents.

4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.

4.1 Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates -11-

Instructions to Bidders
Specifications No. 18/19-07
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to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City’s Representative errors, inconsistencies, or ambiguities discovered.

4.2 Requests for clarification or interpretation of the Bidding Documents will be addressed to the City’s Representative and must be received at least seven (7) days prior to the date of receipt of bids. No request shall be taken within the six (6) days prior to bid opening.

4.3 Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda. Clarifications, interpretations, corrections, and changes to the Bidding Documents made in any other manner will not be binding and Bidders will not rely upon them.

5. PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of Contract. Substitutions will only be considered after award of the Contract and as provided for in the Contract Documents.

6. SUBCONTRACTORS.

6.1 Each Bidder will list in the Bid Form all first-tier Subcontractors that will perform work, labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor’s business location. Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work and that Bidder represents to the City that it is fully qualified to perform that portion of the Work and will perform do so.

6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City’s written consent in accordance with California law.

7. ADDENDA.

7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or delivered to all who are known by the City to have received a complete set of Bidding Documents and who have provided a street address for receipt of Addenda.

7.2 Copies of Addenda will be made available for inspection at the City’s Public Works Department.

7.3 The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued any time before the Bid Deadline.

7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid.
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Instructions to Bidders
Specifications No. 18/19-07
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8. PRE-BID CONFERENCE. Bidder will attend a Pre-Bid Conference where the City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City requires all Pre-Bid Conference attendees to arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre-Bid Conference in its entirety will be deemed to have not complied with the requirements of the Bidding Documents and its Bid will be rejected.

9. FORM AND STYLE OF BIDS.

9.1 Bids will be submitted on the Bid Form included with the Bidding Documents. Bids not submitted on the City’s Bid Form will be rejected.

9.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter.

9.3 Bidder’s failure to submit a price for any Alternate or unit price will result in the Bid being considered as nonresponsive. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter “No Change.”

9.4 Each Bidder must fill out the “Bidders Statement of Past Contract Disqualifications” form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. The Bidder must explain the circumstances of each disqualification. The City may reject the bid based on such information.

9.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner.

9.6 The Bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished must be paid for according to the unit or lump sum price established for such work under the contract, wherever such unit or lump sum price has been established. In the event no prices are named in the contract to cover such changes or alterations, the cost of such changes must be covered as extra work.

9.7 The Bid Form will be signed by a person or persons legally authorized to bind Bidder to a contract. Bidder’s Representative will sign and date the Declaration included in the Bid Form. Failure to sign and date the declaration will cause the Bid to be rejected.

10. BID SECURITY.

10.1 Each Bid will be accompanied by Bid Security, in the amount of ten percent (10%) of the Lump Sum Base Bid as security for Bidder’s obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items -13-

Instructions to Bidders
Specifications No. 18/19-07
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required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to “City of Bellflower.” When a Bond is used for Bid Security, failure to use the City’s Bid Bond form will result in the rejection of the Bid.

10.2 If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, the City will disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted or the City may reject all bids. In such an event, the disqualified Bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security, between the amount of the disqualified Bid and the larger amount for which the City procures the Work.

10.3 If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on behalf of the surety, a notarized and current copy of the power of attorney will be affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the latest published State of California, Department of Insurance list of, “Insurers Admitted to Transact Surety Insurance in This State.”

10.4 The City will retain Bid Security until the occurrence of one of the following:

10.4.1 All items required by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City.

10.4.2 The specified time has elapsed during which Bids may be withdrawn.

10.4.3 All Bids have been rejected.

10.5 The Bid Form, Bid Security, and all other documents required to be submitted with the Bid will be enclosed in a sealed opaque envelope. The envelope will be addressed to the City Clerk. The envelope will be identified with the Project name, Bidder’s name and address, and, if applicable, the designated portion of the Project for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope will be enclosed in a separate mailing envelope labeled as follows: “SEALED BID ENCLOSED.”

10.6 Bids will be deposited at the designated location on or before the Bid Deadline. A Bid received after the Bid Deadline will be returned to Bidder unopened.

10.7 Bidder will assume full responsibility for timely delivery at the location designated for receipt of Bids.

10.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.

11. MODIFICATION OR WITHDRAWAL OF BID.

11.1 Before the Bid Deadline, a submitted Bid may be modified or withdrawn.

Notice of such action will be given to the City in writing and signed by the Bidder’s -14-

Instructions to Bidders
Specifications No. 18/19-07
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authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid.

11.2 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements.

11.3 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted.

11.4 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders.

12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly.

13. REJECTION OF BIDS.

13.1 The City will have the right to reject all Bids.

13.2 The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular.

14. AWARD.

14.1 The City may retain all bids for a period of sixty (60) days for examination and comparison, and to delete any portion of the work from the contract.

14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City.

14.3 The City will have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents.

14.4 The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the “multiplier” as stated in the Bid Form, plus the amounts of all accepted Alternates.

14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City’s maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.
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Instructions to Bidders
Specifications No. 18/19-07
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14.5 The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids.

Within ten (10) days after receiving the City’s notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items:

14.5.1 Two (2) originals of the Agreement signed by Bidder.

14.5.2 Two (2) originals of the Labor and Materials Bond.

14.5.3 Two (2) originals of the Faithful Performance Bond.

14.5.4 Certificates of Insurance.

14.5.5 Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders’ company stationery. Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references.

14.5.6 Preliminary Contract Schedule.

14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention. If not submitted, the City will withhold retention.

14.5.8 Cost Breakdown.

14.6 Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before award will not preclude the City from requiring replacement of any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract.

14.7 If Bidder submits the two (2) original signed Agreements and all other items within ten (10) days after receiving the City’s notification, and all such items comply with the requirements of the Bidding Documents, the City will award the Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder.

14.8 If the City consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City’s notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract, the City may reject such Bidder’s Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids. -16-

Instructions to Bidders
Specifications No. 18/19-07
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15. PROTEST.

15.1 Procedure to be followed by protester and City Clerk.

A. Persons may challenge (the “Protester”) an award of a City of Bellflower Public Works contract (the “Project”) based upon whether the apparent lowest responsible bidder (the “Low Bidder”) is a “responsible bidder” as defined by applicable law.

B. The Protester must file a written statement with the City Clerk (the “Protest”) that sets forth the reasons for objection. The Protest must be filed with the City Clerk not later than seven (7) days after the bids were received and opened, or as soon as the Protester becomes aware of the ground for the Protest, whichever date occurs first. Any documents which support the objections must be filed together with the Protest.

C. Upon receiving the Protest, the City Clerk must mail a copy of the Protest to the Low Bidder, together with any supporting documents filed with the Protest. The City Clerk must include a letter of transmittal with the Protest which contains substantially the following information:

1. Notice that the Protest (and supporting documents, if any) was filed with the City Clerk;

2. Notice regarding the date, time, and place when and where the City Council will consider the bids received in connection with the Project; and

3. Notice that the Low Bidder may appear at the meeting and rebut the Protest including, without limitation, the ability to present evidence that the Low Bidder is qualified to perform the work and is the “lowest responsible bidder” on the Project.

D. In addition to the notice provided to the Low Bidder, the City Clerk must attempt to contact the Low Bidder by phone regarding the Protest. If the City Clerk is able to contact the Low Bidder, the City Clerk must provide, if the Low Bidder requests it, a facsimile copy of the Protest.

E. The City Clerk must also provide the Protester with notice regarding the date, time, and place when and where the City Council will meet to consider bids for the Project.

15.2 Procedure to be followed at the Hearing.

A. At the time set for consideration of the bids received in connection with the Project, the City Council must allow City staff to proceed with its presentation first.

B. Following the staff presentation, the City Council will allow the Protester to make his/her presentation. The Protester has the right to introduce any -17-

Instructions to Bidders
Specifications No. 18/19-07
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testimony or other evidence which could not, by the exercise of reasonable diligence, have been submitted at the time the Protest was filed.

C. Following the Protester’s presentation, the Low Bidder has the right to cross-examine any witnesses who testified on behalf of the Protester and to rebut any other evidence introduced or produced by the Protester or City staff.

D. The City Council may, in its discretion, permit rebuttals and surrebuttals by the Protester and/or the Low Bidder.

E. At the conclusion of the hearing on the Protest, the City Council must decide whether, based on the evidence produced at the hearing, the Low Bidder is or is not the lowest responsible bidder.

F. In deciding where the Low Bidder is “responsible,” the City Council must consider the Low Bidder’s trustworthiness, and the quality, fitness and capacity of the Low Bidder to satisfactorily perform the work required to be performed for the Project. Evidence of pervasive and significant violations of the prevailing wage laws of the State of California by the Low Bidder on a City Public Works project or on public works projects involving other public agencies warrants a finding by the City Council that the Low Bidder is not the lowest responsible bidder.

G. If the Low Bidder is found to be “responsible” under the criteria referred to above, the City Council must award the contract for the Project to the Low Bidder, unless the City Council rejects all bids for the Project.

H. If the Low Bidder is found not be “responsible” under the criteria referred to above, the City Council must make a finding to that effect and must then award the contract to the second lowest responsible bidder, unless the City Council rejects all bids for the Project.

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BID
Specifications No. 18/19-07
B-1
BID

BID TO: CITY OF BELLFLOWER, CALIFORNIA

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents to perform the Work as specified or indicated in said Contract Documents entitled:

FOR CONSTRUCTION OF

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

IN THE CITY OF BELLFLOWER
SPECIFICATION NO. 18/19-07

Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security.

This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents.

Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged):

Number ______________ Date ____________________

Number ______________ Date ____________________

Number ______________ Date ____________________

Number ______________ Date ____________________

Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary.

In conformance with the current statutory requirements of Labor Code § 1860, et seq., the undersigned confirms the following as its certification:

I am aware of Labor Code § 3700, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract.

To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s).

Dated: ______________________________ Bidder:

By:
(Signature)

Title:
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BID
Specifications No. 18/19-07
B-2

BIDDER'S GENERAL INFORMATION

The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non- responsive and may cause its rejection. Additional sheets may be attached as required.

1. BIDDER/CONTRACTOR'S Name and Street Address:

2. CONTRACTOR'S Telephone Number: ( )
Facsimile Number: ( )
Email address:

3. CONTRACTOR'S License: Primary Classification
State License Number(s)
Supplemental License Classifications
Department of Industrial Relations (DIR) Registration No. _______________________________

4. Surety Company and Agent who will provide the required Bonds on this Contract:

Name of Surety
Address

Surety Company Agent
Telephone Numbers: Agent ( ) Surety ( )

5. Type of Firm (Individual, Partnership or Corporation):

6. Corporation organized under the laws of the State of:

7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm:

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BID
Specifications No. 18/19-07
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BIDDER'S GENERAL INFORMATION (Continued)

8. Number of years experience as a contractor in this specific type of construction work:

9. List at least three related projects of comparable size and complexity completed to date:

1. Owner
Contact
Phone ( )
Project ( )
Address
Class of Work
Contract amount
Date completed

2. Owner
Contact
Phone ( )
Project ( )
Address
Class of Work
Contract amount
Date completed

3. Owner
Contact
Phone ( )
Project ( )
Address
Class of Work
Contract amount
Date completed

10. List the name and title of the person who will supervise full-time the proposed work for your firm:

11. Is full-time supervisor an employee contract services ?

12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer.

13. Name of the person who inspected the site of the proposed Work for the bidder:

Name: Date of Inspection:

-21-

BID
Specifications No. 18/19-07
B-4

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS

Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation.

1. Have you ever been disqualified from any government contract?

Yes  No 

2. If yes, explain the circumstances:

_________________________________
Bidder’s Signature

-22-

BID
Specifications No. 18/19-07
B-5

INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]

To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits

Commercial general liability: $3,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.

Commercial general liability insurance must meet or exceed the requirements of ISO- CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.

Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will 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, and to delete the word “endeavor” with regard to any notice provisions.

By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s consultant. Failure to provide this insurance will render the bidder’s proposal “nonresponsive.”

___________________ __________________________
Date Bidder
-23-

BID
Specifications No. 18/19-07
B-6
Contractor's Name
_________________________________________________________ List of Subcontractors and Off-Job Fabricators
Listing must comply with the provisions of Public Contract Code § 4104.

Name of Subcontractor
or Off-Job Fabricator
Contractor’s License No.

AND
DIR Registration No.

Business Address
Telephone No.

Email address
Items of Work and Dollar
Amount

If more space is needed, attach additional sheets.

Public Contract Code § 4104 provides that bidders must list:
(a)(1) The name, the location of the place of business, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid 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 prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

Per Public Contract Code §4104, Contractor’s bidding on public projects are required to list above California contractor license numbers for all subcontractor’s performing work in excess of one- half of one-percent of the contract’s value.

-24-

BID
Specifications No. 18/19-07
B-7

UNIT PRICE BID SCHEDULE A
Schedule of Prices for the Construction of the:

BELLFLOWER BOULEVARD COMPLETE PROJECTS

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT
SPECIFICATIONS NO. 18/19-07
in Bellflower, California

Item
No. Description Estimated
Quantity Unit Unit Price Total Amount

1. Bonding and Insurance 1 LS

2. Construction Staking 1 LS

3. Survey Monumentation Preservation
(Per Intersection) 3 EA

4. Mobilization (Capped at 5%)* 1 LS

5. Traffic Control** 1 LS

6. Traffic Signing, Striping, Pavement
Markers and Pavement Markings. 1 LS

7. Cold Mill (Grind) Existing AC
Pavement to 2" Depth 134,846 SF

8. Cold Mill (Grind) Existing AC
Pavement to 3" Depth 10,070 SF

9. Install 2" Surface Course (ARHM class
GG-C) Pavement Overlay (Final Cap) 1,811 TON

10. Scarify and Compact 12" Subgrade
(95% Relative Compaction) 8,550 SF

11. Install 8.5" Class II Aggregate Base 454 TON

12. Install 7" AC Pavement 374 TON

13. Adjust Water Valve Frame and Cover
to Grade 39 EA

14. Adjust Sewer & Storm Drain Manhole
Frame and Cover to Grade 15 EA

15. Adjust Gas Valve Frame and Cover to
Grade 2 EA

16. Adjust Pull Box Frame and Cover to
Grade 10 EA

17. Adjust Water Manhole Frame and
Cover to Grade 3 EA

18. Adjust Water Meter Frame and Cover
to Grade 3 EA

19. Install 6-foot Diameter Type D Traffic
Loop 7 EA

20. Install 6-foot Diameter Type E Traffic
Loop 25 EA

21. Install Crosswalk with Blue Hexagonal
Durathem Per the Specifications 6,224 SF

22. Construct 6" PCC Curb and 1' Gutter
at Raised Median 3,382 LF

23. Construct 8" PCC Curb and Gutter 84 LF
-25-

BID
Specifications No. 18/19-07
B-8

24. Remove Existing and Construct New
PCC Curb Ramp 8 EA

25. Install Wet Set Truncated Domes (Blue
Color) 8 EA

26. Remove Existing and Construct New
4" Thick PCC Sidewalk 1,430 SF

27. Removed Existing and Construct New
PCC Driveway Apron 2,640 SF

28. Remove Existing and Construct New
Cross Gutter & Spandrel 2,600 SF

29. Sawcut / Remove And Replace
Existing 4" AC (B-PG 64-10) 51 TON

30. Sawcut / Remove And Replace
Existing 6" PCC Pavement 559 SF

31. Remove Existing and Construct New
PCC Retaining Curb, Type to Match
Existing
52 LF

32. Remove and Install Heavy Traffic
Trench Drain with Ductile Iron Slotted
Grate
65 LF

33. Remove and Install Curb Drain 30 LF

34. Remove and Reinstall Metal Fence to
Grade 1 LS

35. Remove and Reinstall Rolling Gate
and Metal Track to Grade 1 LS

36. Install Landscape per Landscaping
Plans 1 LS

37. Install Irrigation per Landscaping Plans 1 LS

* May not exceed 5% of Total Constructionn Cost.
** Prepare Traffic Control Plan (by Professional Engineer) and Implement Traffic Control Plan.

Name of Bidder or Firm
TOTAL BID PRICE – FOR SCHEDULE A
For the lump sum of

$
(Price in figures)

(Price in words)

QUANTITIES OF WORK:

The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City of Bellflower does not expressly or by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to twenty-five (25%) percent of increase or decrease, without a change in the unit prices, and may delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work.

Name of Bidder or Firm :
-26-

BID
Specifications No. 18/19-07
B-9

BID BOND

KNOW ALL MEN BY THESE PRESENTS: That we ___________________________

__________________________________________________________________, Principal,

and________________________________________________________________________

__________________________________________________________, Surety, are held and firmly bound unto THE CITY OF BELLFLOWER Obligee, in the sum of Ten Percent of the total amount of the Bid for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents.

Principal submitted or is about to submit a bid or proposal to Obligee on a contract for

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

Should a contract be awarded to the principal and principal, within such time as specified, duly execute the contract in the prescribed form and deliver the same to obligee with all required bonds/performance securities, certificates of insurance and such other items as required in the bidding or contract documents then this obligation is null and void. Otherwise, it will remain in full force and effect, and if the contract is awarded to principal and principal fails, within the time specified, to duly execute the contract in the prescribed form and deliver the same to obligee with all said required items, then surety must pay obligee the full penalty sum of this bond.

Surety, for value received, hereby agrees that no extension of time, change, alteration, modification, or addition to the bidding or contract documents, or of the work required thereunder, releases or exonerates surety on this bond or in any way affect the obligation of this bond; and surety does hereby waive notice of same.

Signed, sealed and dated
_______________________________________________
(Principal)

by________________________________________(Seal)

_______________________________________________
(Surety)

by_____________________________________________
Attorney-in-Fact

Telephone No.

INDICATE COMPLETE ADDRESS OF SURETY TO WHICH

CORRESPONDENCE CONCERNING THIS BOND SHOULD BE
DIRECTED.
-27-

BID
Specifications No. 18/19-07
B-10

NON COLLUSION DECLARATION TO BE EXECUTED
BY

BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the __________________ of ________________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________ [date], at ______________________ [city], ________________________ [state].

___________________________
Signature

-28-

BID
Specifications No. 18/19-07
B-11

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

-29-

BID
Specifications No. 18/19-07
B-12

NONLOBBYING CERTIFICATION

FOR FEDERAL-AID CONTRACTS

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

-30-

BID
Specifications No. 18/19-07
B-13

DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year _____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known

Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ___________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)

(attach Continuation Sheet(s) if necessary)

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply)

$ _____________ actual planned a. retainer
b. one-time fee

12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature ______________ e deferred value _____________ f. other, specify _________________________

14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:

(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________

Print Name: ______________________________________

Title: ____________________________________________

Telephone No.: _____________________ Date: __________

Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL

-31-

BID
Specifications No. 18/19-07
B-14

INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier.

Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency).

Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a).

Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned).

Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box. Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90«ENDIF» -32-

BID
Specifications No. 18/19-07
B-15

DEBARMENT AND SUSPENSION CERTIFICATION

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

-33-

Agreement
Specifications No. 18/19-07
C-1

PUBLIC WORKS CONTRACT

BETWEEN

THE CITY OF BELLFLOWER AND

This CONTRACT is entered into this day of , 20 , by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“the City”) and (“the Contractor”).

1. WORK.

A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.

B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;

C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.

D. “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.

2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed dollars ($ ) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents.

3. TIME FOR PERFORMANCE.

A. The Contractor will fully complete the Work within ninety (90) working days (the “Contract Time.”)

B. The Contract Time will commence when the City issues a notice to proceed.

The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.

C. The Contractor may not perform any Work until: -34-

Agreement
Specifications No. 18/19-07
C-2

i. The Contractor furnishes proof of insurance as required by the Contract Documents; and

ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.

D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.

E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.

4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.

5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims.

Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third- party claim.

6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.

7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.

8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.

9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.

10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The -35-

Agreement
Specifications No. 18/19-07
C-3
Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.

11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.

12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

The City The Contractor
Len Gorecki, Director of Public Works
16600 Civic Center Drive
Bellflower, CA
[email protected]

Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.

15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:

A. This Contract;

B. The Standard Specifications; and

C. Precedence of documents as determined in the Standard Specifications. -36-

Agreement
Specifications No. 18/19-07
C-4

16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.

17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.

18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.

20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.

21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.

[SIGNATURES ON NEXT PAGE]

-37-

Agreement
Specifications No. 18/19-07
C-5

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF BELLFLOWER _______

_________________________________ ____________________________ Jeffrey L. Stewart,
City Manager

_____________________________

ATTEST:

_____________________________ Taxpayer ID No. _______________ Mayra Ochiqui,
City Clerk

APPROVED AS TO FORM:

_________________________________
Karl H. Berger,
City Attorney

-38-

Faithful Performance Bond
Specifications No. 18/19-07
FPB-1

CITY OF BELLFLOWER

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

SPECIFICATIONS NO. 18/19-07

FAITHFUL PERFORMANCE BOND

Bond No.

Bond Fee:

(“PRINCIPAL”)
and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF BELLFLOWER (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.

PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. 18/19-07, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.

BOND CONDITIONS

1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. 18/19-07, a copy of which is on file with CITY’s Public Works Department (“Public Project”).

Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Public Works Department. CITY has estimated the required amount of the bond as shown above.

2. PRINCIPAL’s work on the Public Project will be done in accordance with CITY’s plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor.

3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project’s completion and acceptance by CITY.

4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Bellflower Municipal Code (“BMC”).

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Faithful Performance Bond
Specifications No. 18/19-07
FPB-2

5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 18/19-07 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.

6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference:

A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so;

B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and

7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.

SIGNED AND SEALED this day of , 20__.

PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT

PRINCIPAL’s SECRETARY SURETY’s SECRETARY

PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:

NOTE: ALL signatures must be acknowledged by a notary public. -40-

Labor and Materials Bond
Specifications No. 18/19-07
L&MB-1

CITY OF BELLFLOWER

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECTS

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

SPECIFICATIONS NO. 18/19-07

LABOR AND MATERIALS BOND

Bond No.

Bond Fee:

, as principal (“PRINCIPAL”)
and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF BELLFLOWER (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.

This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL’S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in SPECIFICATIONS NO. 18/19-07 (“Public Project”), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project.

In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.

BOND CONDITIONS

1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. 18/19-07, and the public works contract executed for such Specifications, copies of which is on file with CITY’s Public Works Department (“Public Project”). Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Public Works Department.

2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.

3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon.

4. This bond is conditioned upon and guarantees due compliance with all -41-

Labor and Materials Bond
Specifications No. 18/19-07
L&MB-2
applicable law including, without limitation, the Bellflower Municipal Code (“BMC”).

5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 18/19-07, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.

6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference:

A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and

B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.

7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.

SIGNED AND SEALED this day of , 20__.

PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT

PRINCIPAL’s SECRETARY SURETY’s SECRETARY

PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:

NOTE: ALL signatures must be acknowledged by a notary public.

-42-

Worker’s Compensation
Specifications No. 18/19-07
WC-1

WORKERS’ COMPENSATION CERTIFICATE

(AS REQUIRED BY LABOR CODE § 1861)

I am aware of Labor Code § 3700 which requires every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.

Contractor

By

Title

-43-

Declaration of Sufficiency of Funds
Specifications No. 18/19-07
DSF-1

DECLARATION OF SUFFICIENCY OF FUNDS
(California Labor Code Section 2810)

I, the undersigned, an authorized representative of ________________ (insert name of Bidder) (“Bidder”) with authority to make the statements contained in this Declaration on behalf of Bidder, hereby declare the following:

1. The Bidder’s employer identification number for state tax purposes is ______________________ (insert identification number).

2. The Bidder’s workers’ compensation insurance policy number is ______________________ (insert policy number) and the name, address, and telephone number of the insurance carrier providing said insurance is:
__________________________________ (insert information requested).

3. The following information is provided concerning any and all vehicles that are owned by the Bidder and that will be used for transportation in connection with any service provided for the performance of the Work that is subject of the Bidder’s Bid to the District (insert information requested.

Attach addition sheets, if needed):

Vehicle Vehicle ID No.

Vehicle
Liability Insurance Policy
No.
(of Policy covering vehicle)
Name, Address and Telephone No.
of Vehicle Liability Insurance
Carrier (issuing Policy covering
vehicle)

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Declaration of Sufficiency of Funds
Specifications No. 18/19-07
DSF-2

4. The following is the address of any real property that will be used to house workers in connection with the performance of the W ork that is subject of the Bidder’s Bid to the District (insert information requested. If no such housing will be provided, enter “none”). ___________________________.

5. The actual or estimated number of workers that will be employed to perform the Work of the Project that is the subject of the Bidder’s Bid, the total amount of wages to be paid to said workers, and the date on which said wages will be paid are as follows (attach additional sheets, if needed):

Total Number of Workers Total Amount of Wages Dates for Payment of Wages

6. Check only one of the following boxes, as applicable:

The statement of number of workers declared in Paragraph 5, above, is a statement of the actual number of workers that will be employed; or

The actual number of workers requested in Paragraph 5, above, is unknown and therefore the statement of number of workers declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of workers that will be employed.

7. The actual or estimated total number of persons and entities who will be utilized as independent contractors to perform the Work of the Project that is the subject of the Bidder’s Bid (together with their known, current local, state, and federal contractor license identification numbers that each is required to have under local, state or federal laws or regulations are as follows (attach additional sheets, if needed):

List of Independent Contractors Current, Local, State and Federal Contractor License Identification Number

8. Check only one of the following boxes, as applicable: -45-

Declaration of Sufficiency of Funds
Specifications No. 18/19-07
DSF-3

The statement of number of independent contractors declared in Paragraph 7, above, is a statement of the actual number of independent contractors that will be utilized; or,

The actual number of independent contractors requested in Paragraph 7, above, is unknown and therefore the statement of number of independent contractors declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of independent contractors that will be utilized.

I, the undersigned, declare under penalty of perjury that the foregoing statements are within my personal knowledge and are true and correct. Executed on this ______ day of ______________, in the year 20___.

_____________________________________
Signature

_____________________________________
Print Name

-46-

Guaranty
Specifications No. 18/19-07
G-1

CITY OF BELLFLOWER

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

SPECIFICATIONS NO. 18/19-07

GUARANTY

In accordance with the terms of the contract for the Bellflower Boulevard Complete Streets Project from Artesia Boulevard to South City Limit in the City of Bellflower (the “Contract”) approved ______________________________ between the City of Bellflower (the “Agency”) and the undersigned (the “Contractor”), under which the Contractor shall complete work as described in the Contract Documents (as defined in the Contract), the following guarantee of said work is hereby made.

If any of the items installed pursuant to the Contract, prove defective or if the item, as a whole, proves defective, due to faulty workmanship, material furnished or methods of installation, or if the said item or any part thereof fails to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which the work is accepted by the Agency, then the undersigned agrees the repairs shall be made and such materials as are necessary shall be furnished and installed within thirty (30) days after the receipt of demand from the Agency; provided, that if the Contract Documents require a longer guaranty period, then the longer period shall apply. In the event repairs are not made within thirty (30) days, the Agency shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor.

The Contractor agrees to reimburse the Agency, upon demand, of its expenses incurred in restoring said items to the condition contemplated in the Contract, including the cost of any equipment or materials replaced, or upon demand by the Agency, to replace any such equipment and repair said items completely without cost to the Agency so that they will operate successfully as originally contemplated.

Emergency repairs must necessarily be made by the Agency; therefore, when defective material or workmanship results in emergency repairs, the undersigned agrees to reimburse the Agency, upon demand, expenses incurred.

Each item will be deemed defective within the meaning of this guaranty in the event that item fails to operate as originally intended thereof and in accordance with the plans and specifications included in the Contract. The Faithful Performance Bond required for the Contract shall remain in full force and effect for the entire first year of the applicable guarantee period.

_____________________________ ________________________________ Date (Print Name of Contractor, Company or Corporation)

________________________________
Signature

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General Provisions
Specifications No. 18/19-07
SS-1

CITY OF BELLFLOWER

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

SPECIFICATIONS NO. 18/19-07

STANDARD SPECIFICATIONS

Except as modified by these Standard Specifications, the provisions of the latest edition of the “Standard Specifications for Public Works Construction” (“Greenbook”) and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. THESE STANDARD

SPECIFICATIONS ARE INTENDED TO, AND DO, TAKE PRECEDENCE OVER ANY CONFLICTING PROVISION OF THE GREENBOOK.

1. NUMBERING OF SECTIONS

The numbering of these Standard Specifications is NOT intended to conform with the Greenbook. Rather, the numbering is specific for these Standard Specifications. As noted at the outset, however, the provisions contained within these Standard Specifications supersede any conflicting clauses within the Greenbook and govern the contractual relationship between the Parties.

2. MODIFICATIONS

To the extent that the provisions of the Contract Documents conflict with the Green Book, the Contract Documents take precedence.

3. DEFINITIONS

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these Standard Specifications.

Acceptance – The date on which the City Council accepts the Work as complete.

Architect, Design Engineers, Soils Engineer, Structural Engineers – Advisors employed by the City.

Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

Compensable Delay – a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement. -48-

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Specifications No. 18/19-07
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Due Notice – A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48 hours or two working days) before the commencement of the contemplated action.

Notification may be from Public Works Director to Contractor or from Contractor to Public Works Director.

Public Works Director – The City Public Works Director, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Public Works Director or designee.

PCC – California Public Contract Code.

Prompt – The briefest interval of time required for a considered reply, including time required for approval of a governing body.

(Check if applicable) State Standard Specifications - State of California Standard Specifications ( https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard- specifications).

Working Days – A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Public Works Director.

4. ABBREVIATIONS
AAN American Association of Nurserymen
AGC Associated General Contractors of America
AISC American Institute of Steel Construction
APWA American Public Works Association
ASA American Standard Association
ASME American Society of Mechanical Engineers
CA MUTCD California Manual on Uniform Traffic Control Devices IEEE Institute of Electric and Electronic Engineers
NEC National Electric Code
Greenbook The most current edition of the Standard Specifications for Public Works Construction, and subsequent supplements prepared by Public Works Standards, Inc.

SPPWC Standard Plans for Public Works Construction by the American Public Works Association
SSPWC Standard Specifications for Public Works Construction by the American Public Works Association

5. ACCESS TO PROJECT SITE

Not later than the date designated in the City Notice to Proceed, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor’s use.

6. SUBCONTRACTOR LISTING

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General Provisions
Specifications No. 18/19-07
SS-3

Except as provided in PCC §§ 4100, et seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor’s total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself.

The Contractor must have the City Council’s written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor.

Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity.

Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor’s control over the Work, cancel the contract, or assess the Contractor a penalty of not more than 10 percent of the subcontract involved.

All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor.

When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Public Works Director may report the facts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Public Works Director, the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work.

If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors’ State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a -50-

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SS-4

verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.

The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than 10% of the Work.

7. CONTRACT BONDS

The Faithful Performance Bond and the Labor and Materials Bond must be paid and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by the Greenbook.

The term “surety bond,” “guarantee,” and “bond” also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. Sureties must be admitted to do business in California.

8. CONTRACT DOCUMENTS

The Contractor will maintain the following at the Work site:

• One as-built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As-built plans must be submitted to the City representative for approval before the City pays a final retention amount.

• The current accepted Contract Schedule.

• Shop Drawings, Product Data, and Samples.

• Approved permits from other agencies, including Cal-OSHA permits for trench shoring.

• All other required submittals.

The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both.

Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is appurtenant.

If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Public Works Director, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work.

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General Provisions
Specifications No. 18/19-07
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9. PRECEDENCE OF CONTRACT DOCUMENTS

As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Public Works Director for such further explanations as may be necessary and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both.

10. ACCURACY OF PLANS AND SPECIFICATIONS

Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information.

The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Public Works Director any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor.

The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Public Works Director.

11. RIGHT-OF-WAY

When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities were left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work.

12. SURVEYING

The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California.

The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Public Works Director.

It is the Contractor’s responsibility to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will -52-

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provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Public Works Director.

Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Public Works Director before beginning work that requires their use.

13. MEASUREMENT AND PAYMENT

Construction Survey – Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore.

14. BASIS FOR ESTABLISHING COSTS

Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage.

15. MARK UP

Work by Contractor. The following percentages will be added to the Contractor’s costs and will constitute the markup for all overhead and profits.

Labor .................................................... 20 Materials .................................................... 15 Equipment Rental .................................................... 15 Other Items and Expenditures .............................................. 15

To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss.

Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in this Section will be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.

16. DAILY REPORTS BY CONTRACTOR
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If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim.

17. CHANGED CONDITIONS

If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected (“changed conditions”), the Contractor will immediately notify the Public Works Director in writing of such changed conditions (upon discovery and before disturbing such changed conditions), so that the Public Works Director can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding any other time period, the Contractor is liable to City for any extra costs incurred as a result of the Contractor’s failure to promptly give such notice.

Changed conditions include, without limitation, the following:

• Subsurface or latent physical conditions differing materially from those represented in the Contract Documents;

• Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and

• Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law.

The Public Works Director will promptly investigate conditions that appear to be changed conditions. The Public Works Director’s decision, and any dispute regarding that decision, will be made in accordance with the Greenbook except that the Public Works Director will render a decision promptly.

Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions:

• The information is made available for the Bidders’ convenience and is not a part of the Contract.

• The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy.

• Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City. -54-

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18. DISPUTED WORK

If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications.

Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents.

19. INSPECTION REQUIREMENTS

Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required.

A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non-reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City.

Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site.

All other equipment items will be inspected and tested in accordance with the contract documents.

The City does not provide full time inspection. The Contractor will provide 24-hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the Public Works Director. Any inspection required outside of normal working hours and days, including holidays, will be at the Contractor’s cost at rates established by the City.

20. INSPECTION OF MATERIALS NOT PRODUCED LOCALLY

Contractor purchased materials, fabricated items, and equipment, produced at sources located more than 50 miles outside the corporate limits of the City, and which are specified to be inspected in the Contract Documents, will be inspected by inspectors or testing laboratories arranged for and paid for by City. Report of such inspection must be submitted to the City. If any item inspected fails to meet the specified criteria, the Contractor will pay all costs for reinspection, and such costs may be deducted from payments due to the Contractor.

21. TRADE NAMES OR EQUALS

Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words “or equal.”

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For the City’s consideration of a proposed “equal” item, the Bidder must submit, a minimum of 10 calendar days before the date of the bid opening, documentation of the particulars of the proposed “equal item.” At a minimum, the submitted documentation will include:

• Written request with explanation of why the product should be considered as an equal product.
• Material specifications.
• Technical specifications.
• Test data.
• Samples.
• Comparison chart of key specifications of the “equal” item against similar specifications of the specified item.
• Work locations and reference telephone numbers of at least three (3) locations where the proposed “equal” item has been recently installed under similar conditions.
• Warranty data.

The Bidder will be notified by the Public Works Director whether or not the proposed “equal” product is acceptable to the City five calendar days before the date of the bid opening. Failure to submit all required documentation and/or submittal of incomplete documents may result in the City’s rejection of the proposed “equal” product without further consideration.

22. PROTECTION

If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing.

23. RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION

The City is responsible to arrange for the removal, repair, or relocation of existing utilities located within the project limits if such utilities are not correctly identified in the contract plans or specifications by the City. The City has sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation.

24. DELAYS

Actual loss is understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by these Standard Specifications and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work.

25. CALCULATING IDLE TIME

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Equipment and worker idle time is calculated in accordance with these Standard Specifications and the Greenbook; it is based upon the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay.

26. CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK

A. Pre-Construction Meeting:

After contract award, City will arrange for a pre-construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub-contractors to attend the meeting.

B. Contract Schedule

After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Public Works Director for review, as required by these Standard Specifications within 15 calendar days of award.

C. Contract Schedule Content

The Contract Schedule, and any updated Contract Schedule, will meet the following requirements:

• Schedules must be suitable for monitoring progress of the Work. • Schedules must provide necessary data about the time for the Public Works Director’s decisions.
• Schedules must be sufficiently detailed to demonstrate adequate planning for the Work.
• Schedules must represent a practical plan to complete the Work within the Contract Time.
• Schedules must show the critical path method for completing the Work.

The Public Works Director’s review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more.

D. Effect of Contract Schedule

The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Public Works Director to be practical. Acceptance of such a schedule by the Public Works Director will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay.

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If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time.

The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Public Works Director in developing the Contract Schedule and updated Contract Schedules.

The Public Works Director’s review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Public Works Director or City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule.

The Public Works Director’s failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum.

The Contractor will perform the Work in accordance with the currently accepted Contract Schedule.

E. Commencement of Contract Time

The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of 15 calendar days after the date of the Notice to Proceed and be diligently prosecuted to completion with the time provided in the Specifications.

27. DEFAULT BY CONTRACTOR

A. General

Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure -58-

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the City’s interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract.

B. Termination of Contractor’s Control Over the Work

City may terminate the Contractor’s control over the Work without liability for damages when, in the City’s opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City’s consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the Work completed at the time of termination, less damages caused to the City by the Contractor’s action or inaction.

In the event of such termination of control, the City may do any one, or combination of, the following:

• Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; • The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor;
• The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor.

Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law.

C. Surety’s Assumption of Control

Should the Surety assume any part of the Work, it will take the Contractor’s place in all respects for that part and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract.

If the Surety does not assume control and perform the Work within five days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City’s forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within five days of completion, all costs in excess of the sums due.

The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law.
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28. DELAYS AND EXTENSIONS OF TIME

A. General

If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications.

Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time.

The City will not grant an extension of time for a delay by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Public Works Director documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and accepted construction schedule.

Should delays be caused by events other than those included herein, the Public Works Director may, but is not required to, deem an extension of time to be in the City’s best interests.

B. Extensions of Time

If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time.

C. Payment for Delays to Contractor

Any payment for compensable delay will be based upon actual costs excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula.

D. Written Notice and Report

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Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim.

Any claim for payment or an extension of time must be in the form required by the “Claims” sections of these Standard Specifications.

In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents.

29. WORKDAYS AND WORKING HOURS

City Hall is ordinarily open from Monday thru Thursday during normal working hours (8 a.m. to 5:30 p.m.) and alternating Fridays (8 a.m. to 4:30 p.m.). It is closed on the following holidays:

New Year’s Day - January 1
Martin Luther King, Jr. Day - January 18
President’s Day - February 16
Memorial Day - May 31
Independence Day - July 4
Labor Day - September 6
Veterans’ Day - November 11
Thanksgiving - November 25
Friday after Thanksgiving - November 26
Christmas Eve - December 24
Christmas - December 25
New Year’s Eve - December 31

If the Contractor requests an inspection on a day when City Hall is closed, then the Contractor will have to reimburse the City for the costs of inspection. The Contractor must request such an inspection at least 48 hours in advance. City inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. Friday work that does not require inspection can be done without an inspection fee and must be discussed with City staff before its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed, that day is counted as a project working day.

On workdays, Contractor’s activities will be confined to the hours between 7:30 a.m. and 4:00 p.m. Traffic may only be restricted between the hours of 7:30 am and 2:00 pm and subject to the review of the City Manager.

A. Night Work

Except as otherwise provided in the Technical Specifications or separate permit, City does not permit Work between the hours of 4 p.m. and 7:30 a.m. of the following day.

B. Weekend and Holiday Work

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The Public Works Director may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays.

30. COMPLETION AND ACCEPTANCE

The Work will be inspected by the Public Works Director for acceptance upon the Public Works Director receiving the Contractor’s written assertion that the Work is complete.

If, in the Public Works Director’s judgment, the Work is complete and is ready for acceptance, the Public Works Director will accept the Work on behalf of the City in the manner prescribed by the City. Once a Notice of Completion is issued, the Contractor is relieved from responsibility to protect the Work.

All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a minimum period of one year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Public Works Director, after notice to do so from the Public Works Director, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor’s sureties will be liable for the cost thereof.

31. LIQUIDATED DAMAGES

If all the Work is not completed before or upon the expiration of the Contract Time, City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract.

Unless otherwise specified, liquidated damages will be $1,000 per calendar day.

32. DISPUTES AND CLAIMS; PROCEDURE

A. General

Consistent with PCC §§ 9204 and 10240.6, “Claim” means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Public Works Director, their agents or employees. “Claim” does not mean, and the Claims procedures herein do not apply, to the following:

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• Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine.
• Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. • Claims respecting a latent defect, breach of warranty, or guarantee to repair. • Claims respecting stop notices.

If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor’s Change Order Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. The requirements of this Section are intended to supplement and implement PCC § 9204, a copy of which is attached for reference. Accordingly, pursuant to PCC § 9204(f), the parties agree to utilize these Standard Specifications.

B. Form

A Claim must include the following:

• A statement that it is a Claim and a request for a decision.

• A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim.

• If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied.

• A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following:

 If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted.

 To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred.

 To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any time period costs are incurred. A cost record will be considered current if submitted within seven calendar days of the date the cost reflected in the record is incurred. At the Public Works Director’s request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis).
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• If the Claim involves an error or omission in the Contract Documents:

 An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and

 A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract.

• If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor’s entitlement to a time extension.

• If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor’s entitlement to such an adjustment.

• A personal certification from the Contractor that reads as follows:

“I, , BEING THE (MUST BE AN

OFFICER) OF (CONTRACTOR
NAME),

DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO

PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE

ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT

REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW

AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES.”

C. Claims Submitted to Public Works Director

Within 30 calendar days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Public Works Director for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Public Works Director, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents.

D. Claim Is Prerequisite to Other Remedy

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alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law.

E. Decision on Claims

The Public Works Director will promptly review Claims submitted by the Contractor in accordance with these Standard Specifications. Should the Public Works Director require additional supporting evidence to evaluate the claim, the Public Works Director will request such additional information in writing. Any such requested data will be furnished not later than 10 calendar days after the Contractor receives the Public Works Director’s request.

The Public Works Director will render a decision not later than 30 calendar days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Claim amount is more than $50,000, the time period will be extended to 60 days. If the Public Works Director fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Public Works Director’s decision will be final and binding unless appealed in accordance with these Specifications.

The Public Works Director’s decision on a Claim will include a statement substantially as follows:

“This is a decision pursuant to the Standard Specifications of your contract. If you are dissatisfied with the decision and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation.

Should you fail to take appropriate action within 30 calendar days of the date of this decision, the decision will become final and binding and not subject to further appeal.”

F. Appeal of Public Works Director’s Decision

Should the Contractor dispute the Public Works Director’s decision, then the Contractor must appeal that decision to the City Manager within 30 calendar days of receiving the Public Works Director’s decision.

The City Manager will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The City Manager’s decision on the dispute or claim will be the City’s final decision.

If the Contractor disputes the City Manager’s decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 calendar days of the City’s final decision.

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mediation will be administered by the American Arbitration Association (“AAA”) under its Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties.

The parties may, but are not required to be, represented by counsel in mediation.

The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City’s right to assert that claim procedures were not followed.

H. Arbitration

If the City and Contractor do not agree to mediation, then disputes will be submitted to neutral non-binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8.

The exclusive venue for any arbitration will be in Los Angeles County.

The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit.

I. When Arbitration Decision Becomes Binding

The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within 30 calendar days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party’s attorney’s fees and court costs.

J. Appeal to Superior Court; Waiver of Jury Trial

Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure (“CCP”) §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party.

BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES

TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION,

INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT

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AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES.

33. PREVAILING WAGES

The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor’s responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov , or by calling the Prevailing Wage Unit at (415) 703-4774.

Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor.

Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:

• When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 calendar days before the request for certificate, or

• When the number of apprentices in training in the area exceeds a ratio of one to five, or

• When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or

• When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

The Contractor and any subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
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34. RECORD OF WAGES PAID: INSPECTION

Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Department of Industrial Relations. If requested by the City, the Contractor will provide copies of the records at its cost.

35. LIABILITY INSURANCE

Contractor must comply with City’s insurance requirements for public works projects which are either adopted by City Council resolution or promulgated by the City Manager, or designee (the “Insurance Matrix”). Contractor will provide endorsements or other proof of coverage for contractual liability in accordance with the Insurance Matrix.

The cost of such insurance will be included in the various items of work in the Contractor’s bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed.

In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged.

Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b).

36. INDEMNIFICATION AND DEFENSE

In addition to all other provisions of the Contract Documents including, without limitation, the Greenbook, as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans.

The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever.

The Contractor will assume the defense of and indemnify and save harmless the City of Bellflower, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for -68-

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negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Section will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons.

Moreover, nothing in this Section will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City.

The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies. This hold harmless agreement by the Contractor applies to all damages and claims for damages of every kind suffered or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages.

No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have.

37. PERMITS

The Contractor will apply for permits required by the City. These permits including, without limitation, a business license, will be issued on a “no-fee” basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations but cannot charge the City an administrative fee for obtaining such permits.

All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed.

38. CLEANUP AND DUST CONTROL

On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick-up type of street sweeper a minimum of once daily.

39. WATERING

Water for dust control caused by Contractor’s operations or the passage of traffic through the work will be applied as necessary or as directed by the Public Works Director. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant, Contractor must contact the appropriate water purveyor to pay deposits and fees. Costs of water to be used will be included in the cost of various bid items.
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40. WATER POLLUTION CONTROL

The following requirements are added to establish storm water and urban runoff pollution prevention controls.

Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, clean-up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system.

Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that only filtered water enters the City’s storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the Contractor.

Discharge of concrete transit mixer wash water on to approved dirt areas (sub-grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted.

Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City.

Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties.

No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During the rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain.

All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor’s failure to implement water pollution control measures will be charged to the Contractor.

41. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS

Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectively reduced by the Contractor’s operations, such striping or markings will also be considered as existing improvements and the Contractor will replace such improvements.

Relocations, repairs, replacements, or re-establishments will be at least equal to the existing improvements and will match such improvements in finish and dimensions unless otherwise specified.
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42. PUBLIC CONVENIENCE AND SAFETY

Unless otherwise specified all traffic control will be performed in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD), Latest Edition.

Building News, 3055 Overland Avenue, Los Angeles, CA 90034, telephone 310-474- 7771.

43. TRAFFIC AND ACCESS

The Contractor will notify the occupants of all affected properties at least 48 hours before any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Public Works Director.

At least one, 12 foot wide, traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Public Works Director. The traffic lanes will be maintained on pavement and will remain unobstructed. All work requiring that a lane be closed, or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards.

Clearances from traffic lanes will be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

One four-foot-wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades (minimum two) at each location, one at each end of the obstruction or excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II and lights will be Type A per the CA MUTCD.

44. STREET CLOSURES, DETOURS, BARRICADES

Street closures will not be allowed except as specifically permitted by the Public Works Director.

The Contractor will prepare any traffic control or detour plans that may be required as directed by the Public Works Director. Lane transitions will not be sharper than a taper of 30 to one.

Temporary traffic channelization will be accomplished with barricades or delineators.

Temporary striping will not be allowed unless specifically permitted by the Public Works Director. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Public Works Director. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain.

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temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Public Works Director.

45. PROTECTION OF THE PUBLIC

It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

Whenever, in the opinion of the Public Works Director, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Public Works Director, immediate action will be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Public Works Director will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Public Works Director may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Public Works Director, may seem reasonable and necessary.

The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety.

46. HAZARDOUS MATERIAL

For any excavation, which extends more than four feet below existing grade, the Contractor will promptly, and before the conditions are disturbed, notify the Public Works Director, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

After receiving notice from the Contractor, the Public Works Director will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, -72-

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without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of these Standard Specifications regarding Changed Conditions.

If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor’s cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract.

If the Public Works Director determines that material called to the Public Works Director’s attention by the Contractor is hazardous waste, or if the Public Works Director otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Public Works Director.

47. LUMP SUM WORK

Items for which quantities are indicated as “Lump Sum,” “L.S.,” or “Job” will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean-up of site.

Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Public Works Director that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Public Works Director as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component.

This schedule will be the basis for progress payments for the lump sum work.

48. PARTIAL AND FINAL PAYMENTS

The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to City for approval.

When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment and submit it to the Public Works Director for approval.

It will take a minimum of 35 calendar days from the date of approving the Contractor’s invoice to make the payment to the Contractor. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final -73-

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progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions.

The full five percent (5%) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the City Public Works Director. The City Public Works Director upon field acceptance and receipt of the final as-built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City for acceptance of the work. Not less than 35 calendar days from the City acceptance of the work, the Contractor’s final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, sub- contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released, and claims are resolved the stop payment/claim amount will be withheld from the final payment.

The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value.

At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contractor upon satisfactory completion of the contract.

Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, that any such election will be at the Contractor’s own expense and will include costs incurred by the City to accommodate the Contractor’s request.

Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work.

A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City’s ability to draw from this fund, are conditions precedent to City’s obligation to make payments to Contractor.

49. DELIVERED MATERIALS

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Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments.

50. TERMINATION OF AGENCY LIABILITY

Before receiving final payment, the Contractor will execute a “Release on Contract” form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as in these Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims.

- END OF SECTION -
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§ 9204. Legislative findings and declarations regarding timely..., CA PUB CONT § 9204 © 2021 Thomson Reuters. No claim to original U.S. Government Works.1 West's Annotated California Codes
Public Contract Code (Refs & Annos)
Division 2. General Provisions (Refs & Annos)
Part 1. Administrative Provisions (Refs & Annos)
Chapter 9. Claims and Disputes (Refs & Annos)
West's Ann.Cal.Pub.Con.Code § 9204
§ 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process Effective: January 1, 2020
Currentness
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public -76-

§ 9204. Legislative findings and declarations regarding timely..., CA PUB CONT § 9204 © 2021 Thomson Reuters. No claim to original U.S. Government Works.2 authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
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§ 9204. Legislative findings and declarations regarding timely..., CA PUB CONT § 9204 © 2021 Thomson Reuters. No claim to original U.S. Government Works.3 (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable -78-

§ 9204. Legislative findings and declarations regarding timely..., CA PUB CONT § 9204 © 2021 Thomson Reuters. No claim to original U.S. Government Works.4 documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.

Credits
(Added by Stats.2016, c. 810 (A.B.626), § 1, eff. Jan. 1, 2017. Amended by Stats.2019, c. 489 (A.B.456), § 1, eff. Jan. 1, 2020.) Editors' Notes
REPEAL

West's Ann. Cal. Pub. Con. Code § 9204, CA PUB CONT § 9204 Current with urgency legislation through Ch. 13 of 2021 Reg.Sess End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. -79-

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CITY OF BELLFLOWER

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

SPECIFICATIONS NO. 18/19-07

TECHNICAL PROVISIONS

PART 3 – CONSTRUCTION METHODS

301-2.4 MEASUREMENT AND PAYMENT

The following paragraph is hereby added to Subsection 301-2.4 MEASUREMENT AND PAYMENT of the Green Book.

The Contract bid price paid per Ton for “SCARIFY AND COMPACT 12” SUBGRADE (95% RELATIVE COMPACTION” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

302-5.9 MEASUREMENT AND PAYMENT

The following paragraph is hereby added to Subsection 302-5.9 MEASUREMENT AND PAYMENT of the Green Book.

The Contract bid price paid per Ton for “INSTALL 7” AC PAVEMENT” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Ton for “SAWCUT/REMOVE AND REPLACE EXISTING 4” AC (B-PG 64-10)” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

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The Contract bid price paid per Ton for “INSTALL 8.5” CLASS II AGGREGATE BASE” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

302-9.9 PAYMENT

The following paragraph is hereby added to Subsection 302-9.9 PAYMENT of the Green Book.

The Contract bid price paid per Ton for “INSTALL 2” THICK SURFACE COURSE (ARHM CLASS GG-C) PAVEMENT OVERLAY (FINAL CAP)”
per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

303-1.12 PAYMENT

The following paragraphs are hereby added to Subsection 303-1.12 PAYMENT of the Green Book.

The Contract bid price paid per Linear Foot for “CONSTRUCT 6” PCC CURB AT RAISED MEDIAN” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Linear Foot for “CONSTRUCT 8” PCC CURB AND GUTTER” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Linear Foot for “SAWCUT/REMOVE AND REPLACE EXISTING 6” PCC PAVEMENT” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special -81-

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Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Linear Foot for “REMOVE EXISTING AND

CONSTRUCT NEW PCC RETAINING CURB, TYPE TO MATCH
EXISITNG” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Square Foot for “REMOVE EXISTING AND

CONSTRUCT NEW PCC DRIVEWAY APRON PER CITY OF
BELLFLOWER STD. PLAN NO. BSP-03, TYPE 4” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Square Foot for “REMOVE EXISTING AND CONSTRUCT NEW 4” THICK PCC SIDEWALK PER SPPWC STD. PLAN NO. 113-2” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Square Foot for “REMOVE EXISTING AND

CONSTRUCT NEW PCC CROSS-GUTTER AND SPANDREL PER
SPPWC STD. PLAN NO. 122-2” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Each for “REMOVE EXISTING AND CONSTRUCT NEW PCC CURB RAMP PER SPPWC STD. PLAN NO.
111-5” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Square Foot for “INSTALL WET SET TRUNCATED DOMES PER SPPWC STD. PLAN NO. 111-5 (BLUE
COLOR)” per the Bid Schedule shall include full compensation for -82-

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furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Each for “REMOVE AND REINSTALL

TRENCH DRAIN WITH DUCTILE IRON SLOTTED GRATE TO MATCH
EXISTING” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Each for “REMOVE AND INSTALL CURB DRAIN” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

314-4.4.6 PAYMENT

Subsection 314-4.3.7 PAYMENT of the Green Book is hereby replaced with the following paragraphs.

The Contract bid price paid Lump Sum for “TRAFFIC SIGNING, STRIPING, PAVEMENT MARKERS, AND PAVEMENT MARKINGS” per the Bid
Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Caltrans Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

Inlaid Preformed Thermoplastic Asphalt Pavement Marking System

1. Use: A durable preformed thermoplastic asphalt pavement marking system, inlaid just below the asphalt pavement surface to create colorized patterns within the asphalt for streetscape and traffic calming purposes on public roads and private property. The inlaid preformed thermoplastic asphalt pavement marking system is typically used on public roadway crosswalks between white crosswalk lines and on residential and commercial areas open to pedestrian and vehicular traffic.

1.1. The preformed thermoplastic is inlaid into asphalt pavement using proprietary infrared heating equipment designed specifically to elevate the temperature of the asphalt without it being adversely affected. A specialized template is imprinted into the heated asphalt pavement to create -83-

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depressions to match the desired pattern. The preformed thermoplastic, precut by the material manufacturer to match the imprinted pattern, is laid to fit within the depressions and melted in place using the proprietary infrared heater.

1.2. As shown below in the typical cross-section, the top of the inlaid preformed thermoplastic lies slightly below the surface level of the surrounding asphalt pavement allowing the pavement to absorb the physical effects of the traffic:

1.3. When applied in accordance with the manufacturer’s application guidelines by an applicator certified by the manufacturer, the inlaid preformed thermoplastic will wear at a similar rate as the surrounding asphalt pavement. Therefore, the life of the inlaid preformed thermoplastic is dependent upon using a long lasting, durable and stable asphalt pavement to prevent premature wear.

1.4. The inlaid preformed thermoplastic is available in a variety of standard patterns and colors. The primary pattern shall be created using precut preformed thermoplastic sheets that are 24 in. (.6 m) x 24 in. (.6 m).

The precut patterned border pieces shall measure either 8 in. (.2 m) or 12 in. (.3 m) wide x 24 in. (.6 m) long. These sizes ensure the specified patterns are created with a minimal number of seams between the preformed thermoplastic sheets. The use of individual preformed thermoplastic strips inlaid into standard imprinted patterns to create the design shall not be allowed.

1.5. The inlaid preformed thermoplastic is manufactured without glass beads. The inlaid preformed thermoplastic material must be a resilient preformed thermoplastic product, which contains intermixed anti-skid/anti- slip elements with a minimum hardness of 6 (Mohs scale), and where the top surface contains factory applied anti- skid/anti-slip elements with a minimum hardness of 8 (Mohs scale).

2. MANUFACTURING CONTROL AND ISO CERTIFICATION: The
manufacturer must be ISO 9001:2008 certified for design, development and manufacturing of preformed thermoplastic, and provide proof of current certification.

3. PREFORMED THERMOPLASTIC MATERIAL: Must be composed
of an ester-modified rosin impervious to degradation by motor fuels, lubricants, etc. in conjunction with aggregates, pigments, binders, and anti- skid/anti-slip elements. Pigments and anti-skid/anti-slip elements must be uniformly distributed throughout the material. The thermoplastic material conforms to AASHTO designation M249, with the exception of the relevant differences due to the material being supplied in a preformed state, being non-reflective, and potentially being of a color different from white or yellow. -84-

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3.1. Pigments:

3.1.1. White: The material shall be manufactured with sufficient titanium dioxide pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected.

3.1.2. Other Colors: The pigment system must not contain heavy metals, nor any carcinogen as defined in 29 CFR 1910.1200 in amounts exceeding permissible limits as specified in relevant Federal Regulations.

3.2. Skid Resistance: The surface of the preformed thermoplastic material shall contain factory applied anti-skid material with a minimum hardness of 8 (Mohs scale). Upon application the material shall provide a minimum skid resistance value of 60 BPN when tested according to ASTM E 303.

3.3. Slip Resistance: The surface of the preformed thermoplastic material shall contain factory applied anti-skid material with a minimum hardness of 8 (Mohs scale). Upon application the material shall provide a minimum static friction of coefficient of 0.6 when tested according to ASTM C 1028 (wet and dry), and a minimum static coefficient of friction of 0.6 when tested according to ASTM D 2047.

3.4. Thickness: The material must be supplied at a minimum thickness of 90 mil (2.3 mm).

3.5. Environmental Resistance: The material must be resistant to deterioration due to exposure to sunlight, water, salt or adverse weather conditions and impervious to oil and gasoline.

3.6. Storage Life: The material may be stored for 12 months, if stored indoors and protected from the elements.

3.7. Transverse Lines for Inlaid Preformed Thermoplastic Crosswalk Application: Supplied as white, retroreflective preformed thermoplastic linear striping material in 90 mil (2.3 mm) or 125 mil (3.2 mm) thickness, material is available in 6 in. (.15 m), 8 in. (.20 m) or 12 in. (.30 m) widths.

This material may be supplied and applied by the certified applicator in conjunction with the inlaid preformed thermoplastic system and is available from the inlaid preformed thermoplastic manufacturer. (Consult the manufacturer’s published application instructions for the preformed thermoplastic linear striping material selected for proper application methods.)

4. SPECIALIZED APPLICATION EQUIPMENT:

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4.1. Stamping Templates: Designed and constructed for imprinting the specified pattern into the asphalt pavement, templates are supplied by the inlaid preformed thermoplastic manufacturer in 150 mil (3.81 mm) thickness. Standard patterned templates are designed to create crosswalks ranging from 6 ft. (1.8 m) to 20 ft. (6.1 m) wide, in 2 ft. (.6 m) width increments. Template layout drawings shall be supplied by the inlaid preformed thermoplastic manufacturer to illustrate proper template placement to create the specified pattern. Certain templates may be field assembled as needed using the manufacturer supplied template assembly kit. For crosswalk widths less than 6 ft. (1.8 m) or more than 20 ft. (6.1 m), custom templates may be designed and constructed in 2 ft. (.6 m) width increments.

4.2. Heating Equipment: The inlaid preformed thermoplastic manufacturer shall distribute reciprocating infrared heating equipment designed specifically to elevate the temperature of the asphalt pavement without adversely affecting it, as well as the inlaid preformed thermoplastic material. The primary asphalt heating unit must employ a bank of propane- fired infrared heaters, mounted on a track device that allows the heater bank to reciprocate back and forth over a designated area, thereby allowing the operator to monitor the temperature of the asphalt pavement and the inlaid preformed thermoplastic at all times during the pavement heating process.

4.2.1. A smaller, mobile infrared heater distributed by the inlaid preformed thermoplastic manufacturer is designed specifically to heat areas such as borders and narrow areas that are inaccessible to the primary heater. This secondary heater also allows the operator to monitor the temperature of the asphalt pavement and the inlaid preformed thermoplastic at all times during the heating process.

4.2.2. An approved hand-held propane heat torch distributed by the inlaid preformed thermoplastic manufacturer shall be used to heat isolated areas of the asphalt pavement or inlaid preformed thermoplastic.

4.3. Hand Held Finishing Tool: Enables the applicator to complete the imprinting of the asphalt pavement in areas around permanent structures, such as curbs and manholes covers, which may be inaccessible to the stamping template. The hand held finishing tools are distributed by the inlaid preformed thermoplastic manufacturer.

4.4. Vibratory Plate Compactor (700-900 lb. / 318-408 kg): Shall be used for pressing the stamping template into the heated asphalt to create the specified pattern. The inlaid preformed thermoplastic manufacturer does not supply vibratory plate compactors.

5. APPLICATION (Asphalt Substrate Only):

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5.1. Manufacturer Certified Applicator Requirement: The material shall be supplied and applied only by an applicator certified by the manufacturer.

The applicator shall provide proof of current certification before commencing work. The Certified Applicator shall follow the manufacturer’s current published application guidelines.

5.2. Substrate Condition: The material must only be applied to a stable, high quality asphalt pavement substrate over a stable base, that is free of defects, as per the manufacturer published substrate guide. The asphalt pavement surface shall be dry and free from all foreign matter, including but not limited to dirt, dust, de-icing materials, and chemical residue.

5.3. Procedure: The asphalt pavement surface is heated with the primary reciprocating infrared heater to the appropriate temperature range to allow for surface imprinting. The stamping template in the specified pattern is imprinted into the heated asphalt pavement using the 700-900 lb. vibratory plate compactor. The preformed thermoplastic sheets, precut at the factory by the material manufacturer to match the template pattern, are laid into the pattern created by the stamping template, and heated until thoroughly molten with the primary reciprocating infrared heater. The mobile infrared heater or approved propane heat torch may be used in areas inaccessible to the primary reciprocating infrared heater. The material is then allowed to cool thoroughly before being opened to vehicle or pedestrian traffic. (Consult the manufacturer’s published application procedures for complete information.)

5.4. The inlaid preformed thermoplastic asphalt pavement marking system shall not be applied to Portland Cement Concrete.

5. PACKAGING: The preformed thermoplastic material shall be vacuum sealed in protective plastic film with cardboard stiffeners to prevent damage in transit. The cartons in which standard preformed thermoplastic patterned sheets are packed shall be non-returnable and shall not exceed 25 in. in length and 25 in. in width. The cartons shall be labeled for ease of identification. The weight of an individual carton must not exceed fifty (50) pounds. The carton must be wrapped with a protective film to protect the material from rain or premature aging.

6. TECHNICAL SERVICES: The successful bidder shall provide technical services as required.

The Contract bid price paid Lump Sum for “INSTALL CROSSWALK WITH BLUE HEXAGONAL DURATHERM PER THE SPECIFICATIONS” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. -87-

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CITY OF BELLFLOWER

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

SPECIFICATIONS NO. 18/19-07

TECHNICAL PROVISIONS

PART 4 – EXISTING IMPROVEMENTS

401-6.1 MEASUREMENT AND PAYMENT

Subsection 401-6.1 MEASUREMENT AND PAYMENT is hereby added to Subsection 401-6 REMOVAL of the Green Book.

The Contract bid price paid per Each for “REMOVE AND REINSTALL METAL FENCE TO GRADE” per the Bid Schedule shall include full compensation for furnishing all labor, materials, new hardware, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Each for “REMOVE AND REINSTALL ROLLING GATE AND METAL TRACK TO GRADE” per the Bid Schedule shall include full compensation for furnishing all labor, materials, new hardware, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

402-4.1 MEASUREMENT AND PAYMENT

Subsection 402-4.1 MEASUREMENT AND PAYMENT is hereby added to Subsection 402-4 RELOCATION of the Green Book.

The Contract bid price paid per Each for “ADJUST PULL BOX TO GRADE” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

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The Contract bid price paid per Each for “ADJUST WATER VALVE TO GRADE” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Each for “ADJUST WATER METER TO GRADE” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Each for “ADJUST GAS VALVE TO GRADE” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

403-5 PAYMENT

The following paragraph is hereby added to Subsection 403-5 PAYMENT of the Green Book.

The Contract bid price paid per Each for “ADJUST SEWER AND STORM DRAIN MANHOLE FRAME AND COVER TO GRADE” per the Bid
Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Each for “ADJUST WATER MANHOLE FRAME AND COVER TO GRADE” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

404-11 PAYMENT

The following paragraph is hereby added to Subsection 404-11 PAYMENT of the Green Book.

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The Contract bid price paid per Square Foot for “COLD MILL (GRIND) EXISTING AC PAVEMENT to 2”-3” Depth” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

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CITY OF BELLFLOWER

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

SPECIFICATIONS NO. 18/19-07

TECHNICAL PROVISIONS

PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS

701-17.6.6 PAYMENT

The following paragraphs are hereby added to Subsection 701-17.6.6 PAYMENT of the Green Book.

The Contract bid price paid per Each for “INSTALL 6-FOOT DIAMETER TYPE D TRAFFIC LOOP” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Each for “INSTALL 6-FOOT DIAMETER TYPE E TRAFFIC LOOP” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

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CITY OF BELLFLOWER

BELLFLOWER BOULEVARD COMPLETE STREETS PROJECT

FROM ARTESIA BOULEVARD TO SOUTH CITY LIMIT

SPECIFICATIONS NO. 18/19-07

TECHNICAL PROVISIONS

PART 8 – LANDSCAPING AND IRRIGATION

LANDSCAPING

A. GENERAL

1. Scope of Work
a. Contractor shall furnish all labor, material, equipment, and services necessary to install all landscape planting as indicated on the approved plans and as specified herein, and shall perform all other incidental work necessary to accomplish the intent of this specification and the approved plans including the following:
1) Fine grading, soil preparation, planting of trees, shrubs, vines, ground covers and lawn, guying and staking trees, and weed abatement. 2) Ninety (90) day maintenance or per Public Works standard. 3) One (1) Year guarantee.
b. All irrigation work must be approved by the City prior to performing any work in this section.

2. Agronomic Soils Report
a. After completion of rough grading and prior to soil preparation, the Contractor shall provide the testing of planting soils and composted organic humus materials by an independent agronomic soils testing laboratory that is a member of the California Association of Agricultural Labs. Representative
soil samples shall be taken in the field and a written report shall be prepared by the soil scientist that shall include recommendations for soil amendments, preplant fertilization, hydromulch slurry, and post-maintenance fertilization
program.
b. Soil preparation specifications shall be prepared based on the test results and recommendations and must be approved by the City prior to soil preparation. c. Soil tests shall be performed after soil preparation to confirm that soil preparation was performed in compliance with preplant soils report and specifications. Compliance of Contractor’s work with soil preparation specifications shall be determined solely by the City.

3. Protection of Existing Trees and Plants to Remain
a. The Contractor shall not store materials or equipment, permit burning, operate or park equipment under the branches of any existing plant to remain. -93-

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b. The Contractor shall provide barricades, fences or other barriers, as determined by the City, to protect existing plants from damage during construction. c. The Contractor shall notify the City Inspector in any case where the Contractor feels grading or other construction activities specified by the plans may damage existing plants.
d. If existing plants to remain are damaged during construction, the Contractor shall replace such plants of the same species and size as those damaged at no cost to the City. Determination of extent of the damage and the value of damaged plants shall rest solely with the City. Value loss will be calculated using the method established by the International Society of Arboriculture. Determination of whether to accept compensation through plant replacement or monetary settlement shall rest solely with the City.

4. Substitutions
a. Specific reference to manufacturer’s names and products specified in this Section are used as standards. There is no implied right to substitute other materials or methods without written approval of the City Engineer. The Contractor shall direct written requests for substitution to the City Engineer. b. Installation and warranty of any approved substitution shall be the Contractor’s responsibility. Any changes required for installation of any approved substitution must be made to the satisfaction of the City without additional cost to the City. Approval by the City of a substitution does not waive these requirements.

5. Submittals
a. Prior to installation, the Contractor shall submit to the City Inspector one (1) copy of the manufacturer’s literature, and laboratory analytical data for the following items:
1) Organic amendments (batch reports)
2) Import soil
3) Commercial fertilizer
4) Mulch
5) Plant material as to species and variety
b. At the time of hydroseeding, the Contractor shall submit a one ounce sample of the certified seed mix and bill of lading for materials.

6. Product Handling
a. The Contractor shall furnish standard products in manufacturer’s standard containers bearing original labels showing quantity, analysis, and name of manufacturer. All containers and bags shall remain on site until work is completed.

7. Tree Delivery
a. The Contractor shall notify City Inspector three (3) days prior to delivery of trees.

8. Clean-Up
a. Upon completion of each phase of work under this section, the Contractor shall clean and remove from the area all unused materials and debris resulting from the performance of the work. All paved areas and walks within the project site -94-

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shall be left in a clean and safe condition.

B. PRODUCTS

1. Plant Material
a. All plants shall be of the size, variety, age and condition as shown on the approved plans and as specified herein.
b. Plants shall be in accordance with the California State Department of Agriculture’s regulation for nursery inspections, rules and grading. c. All trees shall have a growth habit normal to the species and free of insect pests, plant diseases, sun scalds, galls, fresh bark abrasions, excessive abrasions, or other objectionable disfigurements.
d. All plants shall meet the specifications of Federal, State and County laws requiring inspection for plant diseases and insect control. Specifically, plants shall be in accordance with the California Department of Agriculture’s regulation for nursery inspections, rules and grading. All inspection certificates required by law shall accompany each shipment, invoice, or order for stock; and when such plants arrive at the site, the certificates shall be delivered to the City Inspector. Plants shall not be pruned before delivery.
e. Trees with damaged or crooked leaders, or multiple leaders, unless specified, will be rejected.
f. Roots shall be sufficiently developed to the perimeter of the root ball to hold the root ball together, but should not display roots of ¼ inch diameter or larger, visible on the perimeter of the root ball.

The root ball shall be free of roots 1/5 the trunk diameter visibly circling the trunk, and free of roots protruding above the soil.

In the event there is a disagreement as to condition of the root system, the root condition of the plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than two plants of each species or variety. Where container-grown plants are from several sources, the roots of not less than two plants of each species or variety from each source will be inspected. In case the sample plants inspected are found to be defective, the City reserves the right to reject the entire lot, or lots, of plants represented by the defective samples.
g. Trunk taper shall be adequately distributed to properly support the tree’s canopy. The tree trunk, when untied from the nursery stake, shall not touch the top of the top rim of the container. After planting, trees must be capable of standing without the trunk or canopy being double staked.
h. Branches shall be radially distributed around the trunk.

Branches should not be more than 2/3 the diameter of the trunk, measured one inch above the branch. Branch attachment should be free of “included bark”. Included bark is bark embedded between the trunk and a lateral branch at its point of attachment. i. Plants shall be true to species and variety in accordance with the American Association of Nurserymen Standards. Each group of plant materials delivered to the site shall be clearly labeled as to species and variety and nursery source. j. There shall be no substitution of plants or sizes for those listed on the approved plans unless approved by the City Engineer.
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least six (6) months, but not over two (2) years. Samples shall show no rootbound conditions. Container plants that have cracked or broken balls of earth when taken from the container shall not be planted.
l. Plants not conforming to the requirements herein specified will be considered defective and such plants, whether in place or not, will be rejected. Contractor shall immediately remove rejected plants from the premises and replace with new acceptable plants at Contractor’s expense.

2. Topsoil
a. Soil to be used as a planting medium shall be fertile, well-drained, of uniform quality, and free of stones over 1-inch diameter, sticks, oils, chemicals, plaster, concrete, or other deleterious materials.
b. Imported topsoil shall be from sources approved by the City Inspector which meet the standards specified above.
c. The Contractor shall provide for the testing of proposed topsoil by a certified agronomic soils testing laboratory and shall submit soils analysis, recommendations and topsoil sample to the City Inspector for approval.

Import topsoil shall not be delivered to the site prior to City approval. The City may request additional testing of imported topsoil at the site to determine conformance to the approved report. Rejected topsoil shall be removed at no cost to the City.
d. If stockpiling is requested, locations and amounts of stockpile shall be approved by the City Inspector.

3. Soil Amendments, Fertilizer and Mulches
a. Recycled materials shall be used unless unavailable or cost prohibitive. b. All recycled materials shall be free of contamination detrimental to plant health or public health, construction waste lumber products or human waste. All materials shall have undergone thermophlic aerobic procedures and weed
seed/pathogen kill procedures. The Contractor may be required to submit documentation of processing procedures to the City Inspector. c. All materials shall be standard first-grade quality in prime condition when installed and accepted. Deliver commercially processed and packaged material with manufacturer’s guaranteed analysis. Submit a sample of all materials accompanied by analytical data from a laboratory Approved by the City, illustrating compliance or bearing the manufacturer’s guaranteed analysis to the City Inspector.
d. Mulches
Mulches shall consist of material conforming in size not to exceed 3 inches in its largest dimension. Mulches shall be Pacific Mulch Products 1 inch – 3 inches Appearance Grade, or approved equal.
e. Composted Organic Humus
Composted organic humus shall be used in the replacement of nitrogen stabilized sawdust materials unless an agronomic analysis indicates this would be detrimental to plant establishment and growth. Composted organic humus materials shall be tested by the soils testing laboratory prior to use on the project. f. Soil Amendments
1) Soil Sulfur - Agricultural grade sulfur containing minimum of 99 -96-

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percent sulfur (expressed as elemental).
2) Iron Sulfate - 20 percent iron (expressed at metallic iron), derived from ferric and ferrous sulfate, 10 percent sulfur (expressed as elemental). 3) Calcium Carbonate - 95 percent lime as derived from oyster shells. 4) Gypsum - Agricultural grade product containing 90 percent minimum calcium sulfate.
5) Dolomite lime - Agricultural grade mineral soil conditioner containing 35 percent minimum magnesium carbonate and 49 percent minimum calcium carbonate, 100 passing No. 65 sieve; provide Kaiser Dolomite 65 AG or other approved.
6) Fine Sand - Clean, natural fine sand free from deleterious material, weed seed, clay balls, or rock with minimum of 95 percent passing a No. 4 sieve and maximum of 10 percent passing a No. 100 sieve. g. Fertilizer
1) Fertilizer shall be pelleted or granular form consisting of the percentage by weight of nitrogen, phosphoric acid and potash as recommended by the approved agronomic report. Planting fertilizer shall be mixed by the commercial fertilizer supplier.
2) Plant tablets shall be slow release type with potential acidity of not more than 5 percent by weight.

4. Pesticides and Herbicides
a. All chemicals used for weed control shall be registered by the State of California Department of Food and Agriculture and the Environment Protection Agency with registration identification on the label. Label shall be at the job site at all times. A written recommendation shall be prepared by a licensed California Pest Control Advisor for all pesticides used. b. All chemicals shall be applied in accordance with registered label instructions and manufacturer’s recommendations.
c. Chemicals requiring a licensed applicator must be applied by persons registered with the County of Orange Department of Agriculture’s Commissioner’s Office as possessing a current, valid California Qualified Applicator’s License.
d. The use of any restricted materials is forbidden unless a special use permit is obtained from the County of Orange Department of Agriculture. e. The nonselective, translocative herbicide shall be “Roundup” or approved equal.

5. Erosion Control Material
a. Jute Netting
1) Matting - Erosion control matting shall be open weave, furnished in rolled strips as follows:

Length: Approximately 225 feet
Width: 48 inches plus or minus one inch, with an approximate onetenth- inch-square mesh.

Fabric shall average four pounds per linear foot. The erosion control matting shall be made from loosely twisted jute yarn not varying in thickness by more than one-half of its normal diameter, green in color, -97-

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fire retardant and equal in quality to “Ludlow Soil Saver #48” or approved equal.
2) Staples - Staples for erosion control shall be pre-manufactured 11 gauge steel wire bent in a U shape, six inches minimum in length, and one inch wide.
b. Excelsior Blanket
1) The excelsior blanket shall consist of a machine-produced mat of curled wood excelsior of 80%, 6 inch or longer fiber length with consistent thickness, and the fiber evenly distributed over the entire area of the blanket. Fiber dimensions shall be 0.21 inch x 0.42 inch. Average weight per square yard to be 0.08 pound at time of manufacture. 2) The topside of each blanket shall be covered with a biodegradable extruded mesh. The blanket shall be made smolder-resistant without the use of chemical additives.
3) The staples shall be made of wire, 0.091 inch in diameter or greater, “U” shaped with legs 6 inches in length and a one inch crown. Size and gage of staples used may vary with soil conditions and shall be reviewed by the City’s representative.
4) Excelsior blanket shall be as manufactured by American Excelsior Company or approved equal.

6. Seed
a. All seed shall be labeled by California State Department of Agriculture and shall be of the species and variety specified on the plans. Wet, moldy, or otherwise damaged seed shall not be acceptable. Unlabeled collected seed will be rejected.
b. The seed quantities listed shall be on the basis of pure live seed.

Total Seed = Pounds pure, live seed required
Material % purity x percent germination

7. Turf
a. General
Turf shall be as shown on the approved plans and as specified herein. Turf shall be a Fescue variety or Hybrid Bermuda variety subject to approval by the City Engineer.
b. Seed shall be 98% pure seed with a minimum 90% germination rate. c. Sod
1) Sod shall be fully mature, well maintained, of the grass variety specified, free of all other grasses or weeds, and shall have been harvested within 24 hours prior to delivery.
2) All sod shall be cut evenly with a conventional sod cutting machine to a thickness of 1 ½ inches. Sod mat size shall be between 3/8 and 5/8 inches.
3) All sod shall have been treated with appropriate preventative fungicide and insecticides within one week prior to shipment.
4) All sod shall have been inspected by the California Department of Food and Agriculture to ensure conformance with the standards set by the State of California.
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d. Stolons
Stolons shall be supplied from an approved source or grower and shall be of the grass variety specified, free of weeds, disease and insect infestations. Net weight should not be less than 0.01 pounds per bushel for Hybrid Bermuda grass.
5) Water the completed installation thoroughly immediately after stolon application.
6) Maintain water saturation of the soil for the duration of the germination period to ensure proper establishment.
7) Reapply stolon application to all areas where the turf is thin or bare after the germination period.

8. Hydromulch
a. Hydromulch material shall be produced from 100% wood cellulose fiber and shall be of such character that it will disperse into a uniform slurry when mixed with water. The fiber shall be of such character that when used in the applied mixture, an absorptive or porous mat, but not a membrane, will result on the surface of the ground. Materials which inhibit germination or growth shall not be present in the mixture. b. Commercial fertilizers and soil amendments for hydromulch slurry shall be as recommended by the approved agronomic soils report for products and application rates. Products shall conform to specifications herein. c. Soil and Fiber Mulch Binders shall be Az-Tac, Terra Tac 3, Ecology Control M-Binder, or approved equal.
d. Chemical Germinating Additives shall be Catalytic Pre-Emerge or approved equal. e. Moisture Retention Additives shall be Humectant HL-80 or approved equal. f. Urea Formaldehyde shall be pelletized fertilizer for hydromulch slurry.

9. Staking Materials
a. Tree stakes shall be straight grained lodge pole pine free of knots, splits, checks or disfigurements. Stakes shall be 2-inch minimum nominal size in diameter and 10 feet in length, or as required by tree height. Stakes shall have a 10-inch tapered driving point and chamfered top and shall be treated with copper napthanate or pentachloraphenol to heartwood.
b. Supports for staking shall be Treestrap as manufactured by GCS, Inc.., or approved equal.

10. Guying Materials
a. Guy wire shall be zinc-coated iron, 10 gauge minimum, and solid core. b. Turnbuckles shall be galvanized or dip-painted and weldless. c. Cable clamps shall be galvanized or copper, size as required. d. Plastic guy covers shall be white class 200 PVC ½ inch in diameter and shall be 6 feet in length or provide 90 percent cover of guy wire. e. Guying collar shall be ½ inch diameter new 2-ply garden hose (reinforced rubber). The collar shall completely cover the wire and loop around tree limbs. It shall be long enough to permit tree movement within the loop. f. Deadmen shall be Steel Rapid Anchors as manufactured by V.I.T. Company, Inc. or approved equal. Size of anchor shall be pursuant to manufacturer’s recommendations.

Not allowed in turf areas
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Specifications No. 18/19-07

TP-21

11. Trunk Protection
a. Trees within turf areas shall be installed with a 2 foot to 4 foot diameter turf free zone covered with a 2 inch minimum layer of organic mulch.

12. Root Control Barriers
a. Root control barriers shall be provided as indicated on the plans, and if tree is located closer to a sidewalk or curb then the “Normal Ground Setback” in the tree planting guideline specified herein and in accordance root barrier detail in these plans. b. Barriers shall be constructed of prefabricated high impact polystyrene or polyethylene as manufactured by Deep Root Corporation, or approved equal.

Barriers may be linear according to the approved plan.

13. Redwood Headerboard
a. Provide a 2 inch x 4 inch rough construction heart redwood for all headerboards.
b. Provide 2 inch x 4 inch x 18 inch redwood stakes at intervals of not more than 5 feet. c. Make splices with 1 inch x 4 inch pieces no less than 24 inches long. d. On sharp turns and curves, 4 ½ inch x 4 inch laminate boards, or two (2) 1 inch x 4 inch laminated boards may be permitted.

Nail stakes and splices with galvanized common nails. Nails are required for solid installation.

C. INSTALLATION

1. General
a. The irrigation system coverage test shall be successfully completed and the irrigation system fully functional prior to planting.
b. Perform actual planting only during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice. c. Confirm location and depth of underground utilities and obstructions. If underground structures or utility lines are encountered in the excavation of planting areas, other locations for planting shall be approved by the City Engineer.
d. All planting layout and staking shall be accurately made in accordance with the plans.

All trees shall be a minimum of 3 feet from City maintenance limit line. e. Plant locations shall be approved by the City Inspector prior to excavation. f. Soil amendments and fertilizer applications shall be verified by the City inspector prior to cultivating into the soil.

2. Soil Preparation
a. All grading and mounding with the exception of final planting shall be completed prior to soil preparation. 1 inch of irrigation shall follow the soil preparation and all weeds removed prior to initiating planting. b. Planting areas shall be free of all weeds stones, stumps, roots, or other debris 1inch in diameter and greater.
c. Soil shall be graded to a smooth and even surface conforming to required finish grade. Finish grade adjacent to walks, paved areas, curbs, manholes, -100-

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Specifications No. 18/19-07

TP-22

cleanouts, valve boxes, and similar features shall be 1 inch below the surface in turf and 2 inches below in groundcover/shrub areas. Grades between such features shall be carefully sustained and blended to eliminate abrupt changes. d. Planting areas to receive sod shall sustain a finish grade of such depth that the top of installed sod mat shall be flush with finish surfaces (walks, paved areas,etc.). e. Contractor shall allow for soil amendments when establishing sub-grade elevations. All planting areas shall have a finish grade conforming to approved plans and specifications after full settlement has occurred.
f. All planting areas adjacent to buildings shall be graded to drain away from the building at a minimum of 2% slope, for a minimum of 5 feet horizontal distance.
g. In all planting areas with gradients less than 2:1, a layer of soil amendments shall be uniformly spread and thoroughly cultivated by means of mechanical tiller into the top 6 inches of soil, or as recommended by the approved agronomic soils report, so that the soil shall be loose, friable, and free from rocks, sticks and other objects undesirable to planting.
h. Planting areas with slopes 2:1 and steeper shall not be soil prepared unless directed by the City Engineer.
i. Contractor shall not work under muddy conditions.
j. Soil moisture shall be clearly evident and suitable for planting as determined by the City Representative.
k. Specifications for soil prep and grading of the sports turf areas. l. Sports fields shall be constructed to the USGA greens specification with subsurface drainage.
m. The entire athletic field area, including the infields will be laser graded and certified by a surveyor for compliance with the grading plans.

3. Weed Abatement
a. All weeds shall be eradicated in a manner consistent with State of California regulations. All pesticide applications shall be made by a State of California Qualified Applicator.

4. Planting of Trees, Shrubs and Vines
a. Planting Holes
Planting holes shall have irregular, nonglazed sides, and shall be a minimum of twice the diameter and onetime the depth of the original plant container. b. Planting Procedure
1) The tree or shrub shall be placed in the planting hole such that the top of the root ball is one inch above the finished grade and soil sloped away from the root ball to finished grade.
2) Backfill shall be composed of on site amended soil as prescribed by the approved soil report or the City.

6. Hydroseeding
a. After soil preparation, establishment of final grades and weed abatement, loosen surface (2 inches of soil) by harrow or rototiller and float level; then irrigate prior to planting.
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TP-23

b. Install trees and shrubs and groundcover, if they occur in hydroseeded area,prior to hydroseeding.
c. An approved hydromulch company shall apply hydroseed in a form of a slurry consisting of wood cellulose fiber, seed, chemical additives, commercial fertilizer and water. When hydraulically sprayed on soil, ensure that the hydromulch forms a blotter- like groundcover impregnated uniformly with seed and fertilizer to allow the absorption of moisture and rainfall to percolate to the underlying soil. d. Begin spraying immediately after the tank has been filled with the hydromulch mixture specified. Spray with a uniform visile coat by using the green color of the mulch as a guide. Apply the slurry in a sweeping motion in an arched stream so as to fall like rain allowing the wood fibers to build on each other until an even coat is achieved at the required rates.
e. After application of hydromulch, wash excess material from previously planted materials and architectural features. Avoid washing or eroding mulch materials.
g. After the completion of hydroseeding, irrigate each area. Irrigate during the germination period of the seed to keep the hydromulch moist at all times without creating run-off, erosion, or oversaturation.
h. Slurry not used within two hours after delivery to the site shall be removed from the site. Daily worksheets shall be completed by the nozzleman with the following information delivered to the City Inspector:

Seed type and amount
Fertilizer analysis and amount
Mulch type and amount
Seed additive type and amount
Number of loads
Amount of water
Area covered
Equipment used
Capacity
License number
i. All bare and unsuccessfully germinated areas shall be reseeded within ten (10) days with the same variety of seed as shown on the approved plans . Areas to receive reseeding shall be determined by the City. The Contractor shall be responsible for all seeded areas until an acceptable stand of hydroseeded material is realized and approved by the City Inspector.

7. Erosion Control
a. General
Erosion control measures shall be required for all cut slopes 2:1 and steeper, 5 feet or more in height and fill slopes 2:1 and steeper, 3 feet or more in height. Erosion control measures shall consist of the installation of excelsior blanket, jute netting, hydroseed, groundcover, shrubs, or a combination of methods as approved by the City Engineer. b. Jute Netting
1) Surface of the slopes shall be uniformly smooth and even with all debris and rocks raked and removed. The soil shall be sufficiently moist to permit the firm laying of erosion control matting and to prevent sloughing of topsoil.
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Specifications No. 18/19-07

TP-24

2) The matting shall be stapled in placed and firmly embedded by means of tamping or rolling as approved by the City to insure that the matting is in contact with the soil and that no erosion can take place under the matting.
3) The erosion control matting shall be laid with the direction of flow of surface drainage and in accordance with the manufacturer’s recommendations. The matting shall be cut to provide a visually pleasing slope.
c. Excelsior Blanket
1) The area to be covered with excelsior blanket shall be prepared, fertilized and seeded before the blanket is applied.
2) When the blanket is unrolled, the netting shall be on top and the fibers in contact with the soil over the entire area.
3) On slopes, apply the blankets vertically to the slope. Butt ends and sides snugly and staple.
4) Drive the staples vertically into the ground, space approximately 2 lineal yards apart, on each side, and one row in the center alternately spaced between each side (60 staples on each blanket). Use a common row of staples on adjoining blankets.

IRRIGATION

A. GENERAL

1. Scope of Work
The Contractor shall furnish all labor, materials, equipment and services necessary to install the irrigation system as indicated on the approved plans and specified herein and shall perform all other incidental work necessary to meet the intent of this Specification and the approved plans including the following:
a. Furnish and install all pipelines and fittings.
b. Furnish and install automatic controller, all electrical connections and control wiring.
c. Furnish, assemble and install material described in this specification and as indicated on the drawings.
d. Excavate and backfill trenches.
e. Test and adjust system.
f. Ninety-day maintenance or per City of Bellflower Public Works. g. One-year guarantee.

2. Prior to Start of Work
a. The Contractor shall carefully check all grades and existing utilities to determine that work can safely proceed, keeping within the specific material depths with respect to finish grade and drainage.
b. The Contractor shall verify that irrigation systems can be installed in strict accordance with all pertinent codes and regulations, the original design, standards and manufacturer’s recommendations.
c. The Contractor shall inspect the installed work of all other trades and verify that all such work is complete to the point where the irrigation system installation may properly commence.
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TP-25

3. Water Service
The Contractor shall coordinate with the local water purveyor for connections to the water supply and/or installation of water meters at the locations shown on the approved plans. Minor changes caused by actual site conditions shall be made at no additional cost to the City. All changes to the plans shall be approved by the City Engineer.

4. Electrical Service
The Contractor shall coordinate with Southern California Edison for connections to electrical service and/or installations of conduit, electrical wiring and meter pedestal at the locations shown on the approved plans. Minor changes caused by actual site conditions shall be made at no cost to the City. All changes to the plans shall be approved by the City Engineer.

5. Physical Layout
a. The irrigation plans are diagrammatic. All scaled measurements are approximate. The Contractor shall provide offsets in piping and changes in equipment locations, as necessary, to conform with structures and to avoid obstructions or conflicts with other work.
b. Prior to installation, the Contractor shall layout all pressure supply lines, routing and location of sprinkler heads, making minor adjustments required due to differences between the site and approved plans. Irrigation head spacing as shown on the approved plans shall not be exceeded. Where piping is shown on drawings under paved areas but running parallel and adjacent to planted areas, install the piping in planted areas. All layouts shall be certified by the irrigation system designer and approved by the City Inspector prior to installation.
c. The Contractor shall coordinate the installation of all irrigation material with the planting plans to avoid interfering with existing or new plants.

6. Substitutions
a. Specific reference to manufacturers’ names and products specified in this Section are used as standards. This implies no right to substitute other materials or methods without written approval of the City Engineer. Any proposed substitution of a product shall be submitted to the City Engineer or his designated representative for approval prior to installation. b. Installation and warranty of an approved substitution shall be Contractor’s responsibility. Any changes required for installation of an approved substitution must be made to the satisfaction of the City without additional cost to the City. Approval by the City of substituted equipment and/or dimension drawings does not waive these requirements.

7. Record Drawings
a. The Contractor shall maintain record drawings on the job site at all times. He or she shall record accurately on one set of record drawings all changes in the work constituting departures from the original approved drawings. The changes and dimensions shall be recorded in a legible and workmanlike manner to the satisfaction of the City Inspector. Dimensions shall be from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavements, etc.). -104-

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Specifications No. 18/19-07

TP-26

Data to be shown on record drawings shall be recorded day to day as the project is being installed. All lettering on drawings shall be minimum 1/10- inch in size.

The record drawings shall show the location and depths of the following items:
1) Points of connection.
2) Routing of pressure lines (dimension at least every 100 feet along routing).
3) Gate valves.
4) Remote control valves.
5) Quick coupling valves.
6) Routing of control wires.
7) Pressure reducing valve/strainer assembly.
8) Water and electric meters.
9) Controllers.
10) Irrigation interconnect.
11) Cluster control units.
12) Sleeves.
13) Central control field components.

14) Pump.

8. Submittals.
a. The following items shall be submitted to the City Inspector prior to performing any work:
1) Materials List
Complete materials list that shall include the manufacturer, model number and description of all materials and equipment to be used and shall use the following format (double-space between each item).

Item No. Description Manufacturer Model
Pressure supply line Lasco Schedule 40
Turf head Rainbird 1800
Etc. Etc. Etc.
2) Notarized Certificates
Notarized certificates from plastic pipe and fittings manufacturer indicating that material complies with the specifications unless material has been previously approved.

9. Protection of Work and Materials
a. Contractor shall protect his work and the work of others for the duration of the contract. he or she shall protect pipes and fittings from direct sunlight and avoid undue bending and any concentrated external loading. Beds on which pipe is stored shall be full length of pipe. Pipe or fittings that have been damaged shall not be used.
b. Contractor shall exercise extreme care in excavating and working near existing utilities. Damage to utilities which are caused by Contractor’s operation shall be the Contractor’s responsibility.
c. Contractor shall take necessary precautions to protect site conditions and plant material that is to remain. Should damage be incurred, Contractor shall repair -105-

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Specifications No. 18/19-07

TP-27

damage to its original condition or furnish and install equal replacements. d. All existing irrigation systems shall be kept in operation at all times. If the existing system is damaged by Contractor, He or she shall be responsible for immediate repair of such damage. After each repair, all heads of the repaired system shall be removed so that the lines can be cleared of all dirt and foreign matter.

10. Correction of Work
a. Any and all discrepancies or unsatisfactory work shall be corrected by Contractor at no additional expense to City. The correction of work shall be finished within a reasonable period mutually agreed upon between the City and Contractor.

11. Clean-Up
a. Clean-up shall be made by Contractor as each portion of work progresses.

Refuse, extraneous material and excess dirt shall be removed from the site, all walks and paving shall be swept clean , and any damage to the work of others shall be repaired to original condition at no cost to the City. b. Upon completion of the work, Contractor shall smooth all ground surfaces; remove excess materials, rubbish, debris, etc., sweep adjacent streets, curbs, gutters, walkways and trails; and remove construction equipment from the premises.

B. PRODUCTS AND INSTALLATION

1. Materials and Equipment
a. Materials and equipment installed or furnished shall be new. Any materials or equipment that do not meet the City standards shall be rejected and shall be removed from the site at no expense to the City.

2. Pipe (General)
a. Pressure supply line from point of connection through backflow prevention unit for domestic water systems, and through the strainer/pressure regulator assembly on reclaimed water systems shall be brass, copper or other materials approved by the City.
b. All PVC pipe and fittings shall comply with the local water purveyor’s specifications.
c. All threaded pipe shall be threaded by the manufacturer of the pipe.

3. PVC Pipe and Fittings
a. Pressure supply lines and fittings 1 ½ inch diameter and smaller, downstream of backflow prevention unit on domestic water systems or strainer/pressure regulator assembly on reclaimed water systems shall be Schedule 40 PVC connected with primer and solvent cement pursuant to manufacturer’s specifications. Fittings shall be manufactured by Dura or approved equal with gusseted 90’s and tees.

PVC pipe 2 inch, 2 ½ inch and 3 inch in diameter shall be Class 315, connected with primer and solvent cement pursuant to manufacturer’s -106-

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Specifications No. 18/19-07

TP-28

specifications. Fittings shall be manufactured by Dura or approved equal with gusseted 90’s and tees.

PVC pipe 4 inch and larger in diameter shall be Class 200, connected with rubber gasketted bell and spigot connections. The insertion mark shall be visible to show proper depths into spigot. Thrust blocks shall be provided at each angle and shall be installed in accordance with the manufacturer’s recommendations.
b. Non-pressure lines shall be Schedule 40 PVC.
c. Above-ground pipe and fittings shall be Ultra-Violet Resistant (UVR-PVC) installed in accordance with Standard Plans 502, 503 and 504. d. Plastic pipe shall bear the following markings:
1) Manufacturer’s name
2) Nominal pipe size
3) Schedule or class
4) Type of material
5) Pressure rating (in psi)
6) NSF seal of approval
7) Date of extrusion
e. PVC solvent weld fittings shall be Schedule 40.
f. Threaded nipples shall be standard weight Schedule 80 with molded threads. g. Separate primer and solvent cement applications shall be required for all plastic pipe joints in accordance with manufacturer’s recommendations. h. Sprinkler head swing assemblies shall be triple swing units with Schedule 80 threaded nipples, Schedule 40 street ells with Male Iron Pipe Thread (MIPT) Inlet and Outlet. Lay length shall be 6 inches minimum. No marlex fittings are allowed.

4. Copper Pipe and Fittings
a. Copper pipe shall be Type “K,” hard tempered ASTM B 88 and fittings shall be wrought solder joint type in accordance with ANSI B16.22. Joints shall be soldered with silver solder, conforming to ASTM B 206.

5. Brass Pipe and Fittings
a. Brass pipe shall be 85% red brass, ANSI, Schedule 40 screwed pipe. Fittings shall be medium brass, screwed 125-pound class.

6. Galvanized Steel Pipe and Fittings
a. Galvanized steel pipe and fittings are not allowed unless prior approval is given by City Engineer. Underground installations will not be allowed under any circumstances.

7. Asbestos-Cement Pipe (ACP) and Fittings
a. Asbestos-cement pipe and fittings are not allowed unless prior approval is given by the City Engineer.

8. Trenching
a. Mechanical trenching machines shall be of an approved type to cut trenches with straight sides. Pipes shall be supported continuously on the bottom of the -107-

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Specifications No. 18/19-07

TP-29

trench and shall be laid to an even grade. Trenching excavation shall follow layout approved by the City Inspector and as indicated on the approved plans.

Trenches shall be in accordance with trenching details on these plans. b. Where it is necessary to excavate adjacent to existing trees, the Contractor shall avoid injury to trees and roots. Excavation in areas where 2 inches and larger roots occur shall be done by hand. All roots 2 inches and larger in diameter shall be tunneled under and shall be heavily wrapped with burlap to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than 2 inches in diameter, a wall of the trench adjacent to the tree shall be hand-trimmed, making clean cuts through roots.

Roots 1 inch and larger in diameter shall be painted with two coats of Tree Seal or equal. Trenches adjacent to trees should be closed within 24 hours; where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas.

9. Pipe Installation
a. Carefully inspect all pipes and fittings before installation, remove all dirt, scale, burrs and reaming. Install pipe with all markings facing up for visual inspection and verification.
b. Contractor shall install concrete thrust blocking using AWWA standards for location and installation criteria.
c. All lines shall have a minimum clearance of 4 inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another.
d. Allow solvent welds at least 15 minutes set-up time before moving or handling and 24 hours curing time before backfilling.
e. 360° applicators shall be used to apply primer and solvent on sizes 2 ½ inches and larger in diameter.
f. Centerload all PVC pipe prior to pressure testing to resist displacement. g. All threaded PVC to PVC connections shall be assembled using teflon tape or approved equal.
h. Threaded PVC female fittings shall not be used with brass or copper. Use a non-hardening pipe dope on all threaded plastic-to-metal connections, except where noted otherwise.

10. Backfilling
a. Trenches shall not be backfilled prior to approval of all required tests unless specifically directed by City Inspector for trenches that represent an unsafe situation. Refer to Section C. Adjustments and Testing herein for required testing procedures.
b. Excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand, or other approved materials shall be free from clods of earth or stones larger than 1 inch in diameter, shall be tamped in 4 inch layers under the pipe and uniformly on both sides extending the full width of the trench and the full length of the pipe. Materials shall be sufficiently damp to permit thorough compaction, free of voids. Backfill shall be mechanically compacted to a dry density equal to adjacent, undisturbed soil in landscaped areas and shall conform to adjacent grades. Under no circumstances shall truck wheels by used to compact soil.
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TP-30

c. Initial backfill on all lines shall be of fine granular material with no foreign matter larger than ½ inch diameter .
d. Jetting is an acceptable method of compacting trenches when recommended in the approved soils report.

11. Pipe Installation beneath Paved Areas
a. Pipe under pavement shall be installed in accordance with Sleeving detail in this plans. Sleeves shall extend a minimum of 6 feet beyond such pavement. In-line fittings, including couplings, shall not be permitted under paved surfaces except where the length of the line under paving is 20 feet or greater. The ends of sleeves shall be capped hand-tight until piping is laid. b. Sleeves under existing pavement may be installed by jacking, boring or hydraulic driving. No hydraulic driving is permitted under asphalt concrete pavement at depths less than 36 inches.

12. Backflow Prevention Unit
a. Reduced pressure type backflow preventor shall be as manufactured by Neptune, Cla-val, Febco or approved equal. Unit shall be equipped with ball valves.

13. Basket Strainer
a. Basket strainer shall be a Watts Model #316SS or a Watts Model 97FB FSSIB with flanged stainless steel body and 20 mesh stainless steel screen; basket shall have 1/10 perforations. Basket strainers shall be installed in accordance with strainer detail in thes plans.

14. Pressure Regulation Valve with Master Valve
a. Pressure reducing valve shall be Cla-val Model 93-01G/BCHSY-KC with pressure reducing solenoid Model Number ASCO#8320G132 24v AC, normally open energize to close master valve with 30-300 psi pressure adjusting range or approved equal. Spring range and pressure setting shall be as noted on irrigation drawings. Pressure reducing valves shall be installed in accordance with pressure reducing valve detail in these plans.

15. Remote Control Valve
a. Remote control valves shall be brass Rainbird EFB-CP Series or approved equal and shall be installed in accordance with remote control valve detail in these plans.

16. Gate Valve
a Gate valves, 2 inch diameter or smaller, shall have brass bodies, rising stems and brass cross handles. Gate valves shall be Buckner Superior AV, threaded or approved equal installed in accordance with gate valve detail in these plans.
b. Gate valves, 2 ½ inch diameter and larger, shall be AWWA approved and have flanged connections, a 2-inch square operating nut, epoxy coated cast iron bodies resilient wedge gate and stainless steel fasteners and have an arrow cast in metal indicating the direction of water flow. Unit shall have stainless steel -109-

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Specifications No. 18/19-07

TP-31

bolts, nuts and washers and full face gaskets for connecting flanges Gate valves shall be Buckner Superior AV, or approved equal installed in accordance with gate valve detail in these plans.
c. Class 312 stainless steel nuts and bolts with full face gaskets shall be used to connect all flanged connections.

17. Quick Coupler Valve
a For use on domestic water systems, quick coupler valves shall be Rainbird 33-DLRC or approved equal.
b. For use on reclaimed water systems, quick coupler valves shall be in accordance with local water purveyor standards, with a purple hinged cover. Quick coupling valves shall be Nelson 7645, or approved equal. c. Quick coupler valves shall be installed in accordance with the quick coupler detail on these plans.

18. Check Valve
a. Spring-loaded check valves shall be of plastic construction with soft composition discs. Spring tension shall be adjustable from 4 psi to 15 psi.

They shall be located in the swing assembly or shall be integral with sprinkler body. Check valves shall be Valcon ADV, Rainbird SAM, Hunter or approved equal.

19. Valve Box
a. Valve boxes and lids shall be fabricated from a durable composite light weight, high strength material resistant to weather, sunlight and chemical action of soils and potential vehicle weight distribution. They shall be grey in color. The cover shall be secured with a stainless steel bolt down mechanism. The cover shall be capable of sustaining a minimum load of 8,000 lbs. Valve box extensions shall be by the same manufacturer as the valve box. All valve boxes shall be as manufactured by Oldcastle per the following Fibrelyte Grey Composite model numbers and sizes:

FL08 (9" round), FL09 (10"x15"), FL12 (12"x20"), FL30 (13"x24") and FL36 (17"x30") or approved equals. Covers shall be ordered as "NO MARK" and heat branded with 2 inch high letters in accordance with the appropriate installation detail on these plans. b. Valve boxes for the basket strainer/pressure regulating valve assembly shall be sized to fit the assembly including sufficient working space to repair or remove the unit installed in accordance with installation details on these plans. Strainer/pressure regulating/master valve assemblies 3-inch and larger shall require a concrete vault with a spring assisted galvanized steel cover as manufactured by Jensen Precast W-3048 series.

20. Equipment Enclosure
a. All equipment enclosures for pumps, backflow preventors and controllers shall be vandal-resistant of stainless steel construction. Enclosures shall be manufactured by Strong Box, V.I.T. Sales, or approved equal. b. Automatic controller enclosures shall have louvered vents covered by a brass or stainless steel screen mounted inside the enclosure.

21. Automatic Controller
a. Automatic controllers for City-maintained irrigation systems shall be Rainbird -110-

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TP-32

ESP_LXME w/IQ capability installed in accordance with the appropriate installation detail on these plans or approved equal.
b. All controllers shall be pedestal-mounted type for exterior installation or wall mounted type for interior installations only.
c. Controllers shall have a 120-volt pump starter relay integral to the controller whenever pumps are required.
d. All controller components shall be fused and have a chassis ground. f. All controllers shall be equipped with a 4 inch x 4 inch electrical junction box with an on/off switch, and a grounded receptacle mounted inside the enclosure. g. Ground rod shall be placed 3 feet from the controller enclosure or per local code. h. Controllers shall be located behind shrubs and/or adjacent to hardscape.

Overspray onto controllers shall not be accepted. Unobstructed maintenance access shall be provided to the controller.
i. The location of the controllers shall be as shown on the approved plans and shall be approved by the City Inspector before installation. The electrical service shall be coordinated with this location.
j. City-maintained controllers shall have the irrigation interconnect terminating inside the controller enclosure. All conduits and wiring shall enter the enclosure from the bottom.

22. Electrical Meter Pedestal
a. Electrical meter pedestals shall be fully enclosed. The pedestal shall be Type O and be constructed of stainless steel. Where possible, the electrical meter and irrigation controller shall be combined in one enclosure, as manufactured by Strong Box, V.I.T. Sales or approved equal. Stand-alone electrical meter pedestals shall be manufactured by Imperial Technical Services or approved equal. b. The electrical meter enclosure shall have the meter address placed on the outside of the enclosure visible from the street. The address shall be engraved on black, U.V.-resistant acrylic with 1” engraved white letters and numbers.

23. Electrical High Voltage
a. All electrical equipment shall be NEMA Type 3, water-proofed for exterior installations.

24. Control Wire
a. Control wires shall be direct burial, 600 volt, 14 gauge minimum. Control wires shall be a different color wire for each remote control valve within each automatic controller. Common wires shall be white with a different color stripe for each automatic controller. Each controller shall have an independent common wire.
b. Connections shall be grease-type connectors, 3M DBY Direct Bury Splice Kit PN-09053 or approved equal. Use one kit per connection. c. Four (4) continuous spare control wires, blue in color and one (1) white common wire, shall be installed with all mainline from the controller enclosure to the ends of the mainline.
d. Control wires shall be installed in accordance with the approved plans appropriate installation details.
e. Control wiring located beneath paved areas shall be installed in a separate schedule 40 PVC sleeve in accordance with the sleeving detail on these plans. -111-

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Specifications No. 18/19-07

TP-33

f. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. Lay to the side of pipeline. Control wires shall be laid loosely in the trench without stress or stretching to allow for contraction of wires. Where more than one (1) wire is placed in a trench, the wiring shall be taped together at intervals of ten (10) feet.
g. Field splices between the automatic controller and electrical control valves shall not be allowed without prior approval of the City Inspector. Splices shall be vaulted in accordance with the control wire pull box detail on these plans and noted on record drawings. An expansion curl of 24 inches shall be provided at each field splice.

25. Large Turf and Groundcover Sprinkler Heads (40 foot – 65 foot Radius) a. Sprinkler heads for large turf and groundcover areas shall be gear-driven, rotary-type pop-up. The body shall be constructed with 1 inch N.P.T. bottom inlet. Piston shafts shall be stainless steel. Sprinkler nozzle shall pop up a minimum of 5 inches with positive spring retraction. Sprinkler heads shall be, Rainbird 7005 or approved equal installed in accordance with the pop-up rotor detail on these plans.

26. Medium Turf and Groundcover Sprinkler Heads (16 foot – 39 foot Radius) a. Sprinkler heads for medium turf and groundcover areas shall be gear-driven, rotary-type pop-up. The body shall be constructed with ¾ inch N.P.T. bottom inlet. Sprinkler nozzle shall pop up a minimum of 5inch with positive spring retraction. Piston shafts shall be stainless steel. Sprinkler heads shall be, Rainbird 5000 or approved equal installed in accordance with pop-up spray detail on these plans.

27. Small Turf and Groundcover Sprinkler Heads (3 foot – 15 foot Radius) a. Sprinkler heads for small turf and groundcover areas shall be Rainbird 1800 SAM-PRS-1800 Series or approved equal installed in accordance with the pop-up spray detail on these plans. U-Series nozzles shall be used in turf areas. b. All heads shall be a minimum 6-inch pop-up for turf areas, 12-inch pop-up for groundcover areas.

28. Sprinkler Heads for on-Grade Systems
a. Sprinkler heads for on-grade systems shall be the shrub head type of those sprinkler described above installed in accordance with on-grade spray details on these plans.

Impact drive heads shall not be allowed.

29. Low-Volume Irrigation, use approved by City Engineer a. Control valves shall be brass Rainbird EFB-CP series or approved equal. Inline plastic drip pressure regulator shall be Rainbird PRF-BRY series or approved equal.

Flow and PSI rating shall be as specified on the plans. b. Strainer shall be PVC WYE type with 150 mesh stainless steel screen with integral ball flush and down stream pressure gauge as manufactured by Salco Products, Inc. or approved equal. Flush out assembly shall be Spears Model -112-

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2622-005 with ball valve assembly or approved equal.
c. Emitters shall be Rainbird Spot Watering with flow and pressure ratings as specified on the plans
d. Above ground distribution pipe shall be UV rated polyethylene (PE) piping with purple stripe as manufactured by Irritrol “Dra-pol” Model #EHP2057- 050-d or approved equal.

30. Pumps
a. The contractor shall submit full data on all pumps for approval prior to installation.
b. All pump motors shall be three-phase and activated by by Data Industrial Series 200 insertion flow sensor and Data Industrial Series 1500 digital flow monitor
c. All pumps shall be protected with the following:
1) Low suction pressure shutdown.
2) Low system pressure shutdown.
3) High suction pressure shutdown.
4) No flow shutdown shall activate a vandal-resistant warning light on the exterior of the enclosure. Deactivation of the warning light shall be performed by a reset switch.
d) Pump volute and impeller shall be of a bronze construction. e) All pipe and fittings within the pump assembly shall be of stainless steel, brass, bronze or copper material.
f) All flanges shall be slip-joint type connected with stainless steel nuts and bolts. g) All enclosures shall be constructed of stainless steel material. In pump locations adjacent to residential units, sound attenuation measures shall be taken.
h) Pump assemblies located next to a wall or structure shall be installed to provide clearance for servicing the unit.
i) The pumping system shall be simplex water pressure booster system as designed and fabricated by Barrett Engineered Pumps or approved equal. The system shall be a completely prefabricated system with pump, piping, electrical and structural elements.
j) The services of a factory representative or trained service professional shall be made available on the job site to check installation and perform the startup and instruct operating personnel. A startup report containing voltage and amperage readings, suction and discharge pressure readings, estimated flow conditions, and general operating characteristics shall be submitted to the owner’s representative prior to project acceptance.

C. ADJUSTMENTS AND TESTING

1. Main Lines
a. Pressure Test
1) All hydrostatic tests shall be made in the presence of the City Inspector.

No pressure line shall be backfilled until it has been inspected, tested and approved by the City Inspector.
2) All gate valves shall be fully open for testing. Remote control valves must not be installed. All pressure lines shall be tested under a hydrostatic pressure -113-

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of 150 psi for a period of not less than two hours. If leaks develop, joints shall be replaced and the test repeated until entire system is proven watertight. b. Flushing
Mains shall be flushed and trenches dried after the pressure test to the satisfaction of the City Inspector before installation of remote control valves, quick-coupler valves, or pressure-relief valves and before backfilling trenches.

All pipes shall be center-loaded.

2. Lateral Lines
a. Prior to installation of sprinkler heads and after all lateral lines and risers are connected, the valves shall be opened and a full head of water used to flush the lines and risers. Flushing shall be performed in the presence of the City Inspector until flow is clean and free of all foreign material.

3. Adjustment of the System
a. The Contractor shall adjust all irrigation components in accordance with manufacturer’s specifications, approved plans, and appropriate Standard Plans to achieve optimum performance and to prevent overspray onto walks, roadways, buildings and equipment as much as possible.
b. All sprinkler heads and valve boxes shall be set perpendicular to finished grades unless otherwise designated on the plans.

4. Coverage Test
a. A coverage test shall be performed in the presence of the City Inspector after the Contractor has made all adjustments to the irrigation system. No hydroseeding or planting shall occur until the City Inspector has determined the water coverage for planting areas is complete and adequate.

801-6 PAYMENT

The following paragraphs are hereby added to Subsection 801-6 PAYMENT of the Green Book.

The Contract bid price paid per Lump Sum for “INSTALL LANDSCAPE PER LANDSCAPING PLANS” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.

The Contract bid price paid per Lump Sum for “INSTALL IRRIGATION PER LANDSCAPING PLANS” per the Bid Schedule shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals, including all overhead and profit, associated with this item of work, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.
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APPENDIX A-1

APPENDIX A

STANDARD PLANS

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APPENDIX A-2

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APPENDIX A-3

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APPENDIX A-4

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APPENDIX A-5

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APPENDIX A-6

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APPENDIX A-8

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APPENDIX A-9

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APPENDIX A-10

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APPENDIX A-11

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APPENDIX A-12

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APPENDIX A-13

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APPENDIX A-14

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APPENDIX A-15

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APPENDIX A-16
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APPENDIX B-1

APPENDIX B

FEDERAL DOCUMENTS

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Page of 2 of 29
January 2022

EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)

The following language must be incorporated into all Local Assistance Federal-aid construction contracts.

The following language, with minor edits, was taken from the Code of Federal Regulations.

MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS

SECTION

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ................................................................................ 2 A. NONDISCRIMINATION STATEMENT .............................................................................................. 2 B. CONTRACT ASSURANCE ............................................................................................................... 3 C. PROMPT PROGRESS PAYMENT ................................................................................................... 3 D. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS ....................................... 3 E. TERMINATION AND SUBSTITUTION OF DBE SUBCONTRACTORS .......................................... 4 F. COMMITMENT AND UTILIZATION .................................................................................................. 5 G. DBE RUNNING TALLY OF ATTAINMENTS .................................................................................... 6

2. BID OPENING ................................................................................................................................................. 6

3. BID RIGGING.................................................................................................................................................. 6

4. CONTRACT AWARD ..................................................................................................................................... 6

5. CONTRACTOR LICENSE .............................................................................................................................. 6

6. CHANGED CONDITIONS .............................................................................................................................. 6 A. DIFFERING SITE CONDITIONS ....................................................................................................... 6 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER ......................................................... 6 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK .......................................................... 7

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ...................................... 7

8. BUY AMERICA ............................................................................................................................................... 7

9. QUALITY ASSURANCE ................................................................................................................................. 8

10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS ........................................................ 8

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS ....................... 8

12. FEMALE AND MINORITY GOALS ............................................................................................................... 22

13. TITLE VI ASSURANCES .............................................................................................................................. 23

14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) ............................................. 27

15. FEDERAL TRAINEE PROGRAM ................................................................................................................. 27

16. PROHIBITIONS OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES .................................................................................................................................................... 29 -132-

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Page of 3 of 29
January 2022

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR

26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.

It is the prime contractor’s responsibility to verify that at date of bid opening the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at:
https://dot.ca.gov/programs/civil-rights/dbe-search .

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.

Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR

26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. • The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. • A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. -133-

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

B. Contract Assurance
Under 49 CFR 26.13(b):

The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.

C. Prompt Progress Payment
The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subcontractors.

D. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor.

The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.

Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code.

This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

E. Termination and Substitution of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.

The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements.

3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The Agency determines other documented good cause.

The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur.

The prime contractor’s request to use other forces or material sources must include:
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from the prime contractor to the DBE regarding the request.

3. Notices from the DBEs to the prime contractor regarding the request.

If the Agency authorizes the termination or substitution of a listed DBE, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must (1) perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal, and (2) be certified as a DBE with the most specific available NAICS codes and work codes applicable to the type of work the DBE will perform on the contract at the time of the prime contractor’s request for substitution.

The prime contractor shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution. The Agency may authorize a 7-day extension of this submittal period at the prime contractor’s request. More guidance can be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal.

F. Commitment and Utilization
Note: In the Agency’s reports of DBE participation to Caltrans, the Agency must display both commitments and attainments.

The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book. This exhibit is the bidder’s DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid.

The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.

If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive.

The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive authorization for a substitution.

The Agency shall request the prime contractor to:

1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBEtrucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.

Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.

If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the -136-

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.

Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.

G. DBE RUNNING TALLY OF ATTAINMENTS
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

2. BID OPENINGThe Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.

3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.

5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164).

6. CHANGED CONDITIONS
A. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) B. Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. -137-

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

C. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.

Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract.

The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair andequitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

The Contractor shall pay to the City/County the sum of $ per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except:
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1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used.

Production includes:

1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;

2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.

9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.

10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:

1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.

2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS (Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN

DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) -139-

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[The following 12 pages must be physically inserted into the contract without modification.] -140-

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FHWA-1273 -- Revised May 1, 2012

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION

CONTRACTS
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I. General
II. Nondiscrimination
III. No segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution Control Act
X. Compliance with Government wide Suspension and Debarment Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying

ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

II. NONDISCRIMINATION

The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and
633.

The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract.

b. The contractor will accept as its operating policy thefollowing statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre- apprenticeship, and/or on-the-job training."

FHWA-1273 -- Revised May 1, 2012
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2. EEO Officer: The contractor will designate and make known to the contracting officers and EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting and active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources
procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability.

The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.

Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
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7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under.

Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

FHWA-1273 -- Revised May 1, 2012

10. Assurance Required by 49 CFR 26.13(b):

a. The requirements of 49 CFR Part 26 and the State DOT’s U.S.

DOT-approved DBE program are incorporated by reference.

b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.

Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;

(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more.

The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
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IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.

1. Minimum wages

a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph

1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

FHWA-1273 -- Revised May 1, 2012

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(ii) The classification is utilized in the area by the construction industry; and

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
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2. Withholding

The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records

a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.

Whenever the Secretary of Labor has found under 29 CFR

5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals.

Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and FHWA-1273 -- Revised May 1, 2012

current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.

(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:

(i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section.

(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. -146-

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FHWA-1273 -- Revised May 1, 2012

4. Apprentices and trainees

a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.

Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
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Required Federal-Aid Contract Language

FHWA-1273 -- Revised May 1, 2012

8. Compliance with Davis-Bacon and Related Act requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives.

10. Certification of eligibility.

a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1).

b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

c. The penalty for making false statements is prescribed in the U.S.

Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT

The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.

These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth inparagraph(1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).

a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime contractor meets all of the following conditions:

(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.

b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.
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2. The contract amount upon which the requirements set forth in VIII. FALSE STATEMENTS CONCERNING HIGHWAY paragraph (1) of Section VI is computed includes the cost of PROJECTS material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements.

VII. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.

Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:

"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL

WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.
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FHWA-1273 -- Revised May 1, 2012

X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY AND VOLUNTARY EXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification – First Tier Participants:

a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below.

The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this
transaction for cause of default.

d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered

transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website ( https://www.epls.gov/) , which is compiled by the General Services Administration.

i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
* * *

2. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;

(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and

(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
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2. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.

b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.

d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website

( https://www.epls.gov/) , which is compiled by the General Services Administration.

FHWA-1273 -- Revised May 1, 2012
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS

FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
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2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed information of participant is not required to exceed that which is $100,000 and that all such recipients shall certify and disclose accordingly.
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12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:

MINORITY UTILIZATION GOALS
Economic Area Goal
(Percent)

174
Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama

6.8 175
Eureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 176
San Francisco-Oakland-San Jose, CA:

SMSA Counties:

28.9 7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo

25.6 7400 San Jose, CA
CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz

19.6 14.9
7500 Santa Rosa
CA Sonoma 9.1
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano

17.1 Non-SMSA Counties:

CA Lake; CA Mendocino; CA San Benito

23.2 177
Sacramento, CA:

SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba

16.1 14.3

178
Stockton-Modesto, CA:

SMSA Counties:

5170 Modesto, CA 12.3
CA Stanislaus 8120
Stockton, CA
CA San Joaquin

24.3 Non-SMSA Counties
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne

19.8 179
Fresno-Bakersfield, CA
SMSA Counties:

19.1 26.1
0680 Bakersfield, CA
CA Kern
2840 Fresno, CA
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