14-G — Bellflower City Council, August 28, 2023

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14-G

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

SUBJECT: Consideration and possible action to adopt Resolution No. 23-33 – A Resolution approving the Specifications for the placing of slurry seal on various streets (Specifications No. 21/22-06) pursuant to Government Code §830.6, establishing a project payment account; and authorizing solicitation of bids.

DATE: August 28, 2023

EXECUTIVE SUMMARY

This action would approve the Specifications and authorize the Public Works Department to advertise for bids for the placing of slurry seal on various streets (Specifications No. 21/22-06). 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. 23-33; 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. 21/22-06 is $716,825. Funds are budgeted in Account Nos. 115-42320-9000 (Measure M Fund Slurry Contract), 140-42320-9000 (Gas Tax Slurry Contract), and 011-42320-9000 (General Fund Slurry Contract).

DISCUSSION

This is the annual slurry seal project at various locations Citywide. The following areas are included in this year’s project:

1) Bounded by Rosecrans Ave. on the north, to Somerset Blvd. on the south, between Woodruff Ave. on the west to east Carfax Ave. on the east (excluding arterial perimeter streets and alleyways).

1 Staff Report – Approval of Specifications for the Placing of Slurry Seal on Various Streets, Spec. No. 21/22-06
August 28, 2023

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DISCUSSION – Continued

2) Bounded by Alondra Blvd. on the north, to Flower St. on the south, between Bellflower Blvd. on the west, to Woodruff Ave. on the east (excluding arte rial perimeter streets and alleyways).

3) Bounded by Flower St. on the north, to Artesia Blvd. on the south, between Clark Ave. on the west to Woodruff Ave. on the east (excluding arterial perimeter streets and alleyways).

4) Bounded by MTA right-of-way on the north, to Rose St. on the south, between Lakewood Blvd. on the west to Clark Ave. on the east (excluding arterial perimeter streets and alleyways).

5) Eucalyptus Ave., between Somerset Blvd. to Alondra Blvd.

6) Stevens Ave., between Somerset Blvd. to Alondra Blvd.

The Specifications and an engineer’s estimate of construction costs have been developed. Upon City Council authorization, we 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 § 15301 (Class 1 – Existing Facilities).

ATTACHMENTS:

Resolution No. 23-33....................................................................................................... 3 Plans & Specifications ..................................................................................................... 5

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CITY OF BELLFLOWER

RESOLUTION NO. 23-33

A RESOLUTION APPROVING THE SPECIFICATIONS

FOR THE PLACING OF SLURRY SEAL ON VARIOUS
STREETS (SPECIFICATIONS NO. 21/22-06) PURSUANT
TO GOVERNMENT CODE §830.6, ESTABLISHING A
PROJECT PAYMENT ACCOUNT; AND AUTHORIZING

SOLICITATION OF BIDS

THE CITY COUNCIL RESOLVES AS FOLLOWS:

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

A. Public Works Department prepared the specifications for the Placing of Slurry Seal on Various Streets (“Project”);

B. The Director of Public Works reviewed the completed
Specifications for the Project and agrees that the 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 Specifications and completion of the Project; and

D. The City reviewed the project’s environmental impacts under 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 Project is categorically exempt pursuant to CEQA Guidelines § 15301 (Class 1 – Existing Facilities).

SECTION 2. Design Immunity; Authorization.

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

B. The 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.

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 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.
3 City of Bellflower
Resolution No. 23-33

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F. The City Manager, or designee, may solicit bids for the Project in accordance 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 designee, to establish a fund containing sufficient mon ies 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 Resolution 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.

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.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 28TH DAY OF AUGUST 2023.

____________________________
Sonny R. Santa Ines, Mayor

ATTEST:

_______________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney
4 CITY OF BELLFLOWER

BELLFLOWER, CALIFORNIA

PLANS

SPECIFICATIONS

AND CONTRACT DOCUMENTS

FOR THE

PLACING OF SLURRY SEAL ON VARIOUS STREETS

SPECIFICATIONS NO. 21/22-06

PREPARED BY:

CITY OF BELLFLOWER

PUBLIC WORKS DEPARTMENT
16600 CIVIC CENTER DRIVE
BELLFLOWER, CALIFORNIA 90706
(562) 804-1424

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

Project Manager: Frank Preciado
(562) 804-1424, ext. 2251

BIDS DUE: THURSDAY, SEPTEMBER 21, 2023 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.

5 Notice Inviting Sealed Bids
Specifications No. 21/22-06

CITY OF BELLFLOWER

PLACING OF SLURRY SEAL ON VARIOUS STREETS

SPECIFICATIONS NO. 21/22-06

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-4 Insurance Requirements .............................................................................................. B-5 List of Subcontractors ................................................................................................... B-6 Project Bid Sheet ......................................................................................................... B-7 Bid Bond ....................................................................................................................... B-8 Non Collusion Declaration ............................................................................................ B-9

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

SLURRY MAP ................................................................................................ ATTACHED 6 Notice Inviting Sealed Bids
Specifications No. 21/22-06

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NOTICE INVITING SEALED BIDS

FOR THE PLACING OF SLURRY SEAL ON VARIOUS STREETS

IN THE CITY OF BELLFLOWER
SPECIFICATIONS NO. 21/22-06

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 20, 2023

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 Placing of Slurry Seal on Various Streets and related work as shown in the specifications on file with the City’s Public Works Department. The Engineer’s Estimate of cost is $716,825.00. Bids will be publicly opened on September 20, 2023, at 11:00 AM. At the time of contract award, the contractor shall possess a Class “A”, “C-12” or “C-32” 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 thirty-five (35) working days to complete the work.

Work on the Project must be performed in strict conformity with Specification No. 21/22- 06 as adopted by the City’s City Council on August 28, 2023, which is filed with the City’s Public Works Department. Copies of these 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.

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

This project requires payment of State prevailing rates of wages for Los Angeles County. 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 Califo rnia 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 .

7 Notice Inviting Sealed Bids
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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 28th day of August, 2023.

CITY OF BELLFLOWER, CALIFORNIA

8 Instructions to Bidders
Specifications No. 21/22-06

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CITY OF BELLFLOWER

PLACING OF SLURRY SEAL ON VARIOUS STREETS

SPECIFICATIONS NO. 21/22-06

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 i ncluding 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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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 t o the 10

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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 no t 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) n ame 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.
8 FORM AND STYLE OF BIDS 11

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8.1 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.

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

8.3 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.”

8.4 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.

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

8.6 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 wor k 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.

8.7 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.
9 BID SECURITY

9.1 Each Bid will be accompanied by Bid Security, in the amount of 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 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.

9.2 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 12 Instructions to Bidders
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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, b etween the amount of the disqualified Bid and the larger amount for which the City procures the Work.

9.3 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 attorn ey 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.”

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

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

9.4.2 The specified time has elapsed during which Bids ma y be withdrawn.

9.4.3 All Bids have been rejected.

9.5 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.”

9.6 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.

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

9.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.
10 MODIFICATION OR WITHDRAWAL OF BID.

10.1 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 authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid.

10.2 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements.
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10.3 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted.

10.4 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders.
11 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. 12 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. 13 AWARD

13.1 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.

13.2 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.

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

13.4 The City will determine the low Bidder on the basis of the sum of th e 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.

13.4.1 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.

13.5 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 14 Instructions to Bidders
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the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items:

13.5.1 Two originals of the Agreement signed by Bidder.

13.5.2 Two originals of the Labor and Materials Bond.

13.5.3 Two originals of the Faithful Performance Bond.

13.5.4 Certificates of Insurance.

13.5.5 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.

13.5.6 Preliminary Contract Schedule.

13.5.7 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.

13.5.8 Cost Breakdown.

13.6 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.

13.7 If Bidder submits the two 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.

13.8 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.

14 PROTEST

14.1 Procedure to be followed by protester and City Clerk. 15

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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.

14.2 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 testimony or other evidence which could not, by the exercise of 16 Instructions to Bidders
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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 he aring, 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.

15 PROTEST

15.1 Procedure to be followed by protester and City Clerk.

17 Instructions to Bidders
Specifications No. 21/22-06

I-10
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:

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

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

6. 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.

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. T he Protester has the right to introduce any testimony or other evidence which could not, by the exercise of reasonable diligence, have been submitted at the time the Protest was filed.

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.
18 Instructions to Bidders
Specifications No. 21/22-06

I-11

19 BID
Specifications No. 21/22-06
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 PLACING OF SLURRY SEAL ON VARIOUS STREETS

IN THE CITY OF BELLFLOWER
SPECIFICATION NO. 21/22-06

Bidder accepts all of the terms and conditions of t he 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 oth erwise 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 ____________________

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:
20 BID
Specifications No. 21/22-06
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:

21 BID
Specifications No. 21/22-06
B-3

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:

22 BID
Specifications No. 21/22-06
B-4

PLACING OF SLURRY SEAL ON VARIOUS STREETS

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

23 BID
Specifications No. 21/22-06
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.

Pollution Liability $1,000,000

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 Aut o 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

24 BID
Specifications No. 21/22-06
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.

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.

25 BID
Specifications No. 21/22-06
B-7

UNIT PRICE BID SCHEDULE A
Schedule of Prices for the:

PLACING OF SLURRY SEAL ON VARIOUS STREETS SPECIFICATIONS NO. 21/22- 06 in Bellflower, California

Item
No. Description Estimated
Quantity Unit Price Total Amount

1. Mobilization (Not to
Exceed 5% of the Total
Construction Costs)
1 LS

2. Traffic Control 1 LS

3. Type II Slurry 1350
Spread Rate with 2.5%
Latex
2,555 TN

4. Citywide Striping –
Details Shown on GP 1 LS

5. Maintenance Sweeping 2 DAYS

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 Sc hedule 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 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. 21/22-06
B-8

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

PLACING OF SLURRY SEAL ON VARIOUS STREETS

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

INDICATE COMPLETE ADDRESS OF SURETY TO WHICH

CORRESPONDENCE CONCERNING THIS BOND SHOULD BE
DIRECTED.

Telephone No.

27 BID
Specifications No. 21/22-06
B-9

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 Agreement
Specifications No. 21/22-06
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 forty (40) 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. 29

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Specifications No. 21/22-06
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C. The Contractor may not perform any Work until:

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 30

Agreement
Specifications No. 21/22-06
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City. The 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 Califor nia, 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.

31 Agreement
Specifications No. 21/22-06
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.

32 Agreement
Specifications No. 21/22-06
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

33 Faithful Performance Bond
Specifications No. 21/22-06
FPB-1

CITY OF BELLFLOWER

PLACING OF SLURRY SEAL ON VARIOUS STREETS
SPECIFICATIONS NO. 21/22-06

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. 21/22-06, 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. 21/22-06, 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”).

5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 21/22-06 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such 34 Faithful Performance Bond
Specifications No. 21/22-06
FPB-2
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. 35 Labor and Materials Bond
Specifications No. 21/22-06
L&MB-1

CITY OF BELLFLOWER

PLACING OF SLURRY SEAL ON VARIOUS STREETS
SPECIFICATIONS NO. 21/22-06

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. 21/22-06 (“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. 21/22-06, 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 p lans 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 applicable law including, without limitation, the Bellflower Municipal Code (“BMC”).

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5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 21/22-06, 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 TW O (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

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.

37 Worker’s Compensation
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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

Title

38 Declaration of Sufficiency of Funds
Specifications No. 21/22-06
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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 insu rance 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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4. The following is the address of any real property that will be used to house workers in connection with the performance of the Work 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, curre nt 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

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

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___.

_____________________________________

_____________________________________
Print Name

41 Guaranty
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CITY OF BELLFLOWER

PLACING OF SLURRY SEAL ON VARIOUS STREETS
SPECIFICATIONS NO. 21/22-06

GUARANTY

In accordance with the terms of the contract for the Placing of Slurry Seal on Various Streets 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 def ective 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 guar antee period.

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

________________________________
Signature

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CITY OF BELLFLOWER

PUBLIC WORKS DEPARTMENT

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.

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.

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Public Works Director – The City Public W orks 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 Con tract Documents for the Contractor’s use.

6. SUBCONTRACTOR LISTING

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 44 Standard Specifications
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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 certific ate 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.

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
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The Faithful Performance Bond and the Labor and Materials Bon d 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.

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 46 Standard Specifications
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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 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.
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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

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
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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 conditio ns (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 t he 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.

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 49 Standard Specifications
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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 C ontractor 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 b rand, trade, or proprietary name, the item so specified will be deemed to be followed by the words “or equal.”

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:

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• 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 movin g 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

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. 51 Standard Specifications
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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.

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.
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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 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
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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 pl ace 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.

28. DELAYS AND EXTENSIONS OF TIME

A. General

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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

If the Contractor desires payment for a delay or an extension of time, it will give the Public Works Director written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim. 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.

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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 16
President’s Day - February 20
Memorial Day - May 29
Independence Day - July 4
Labor Day - September 4
Veterans’ Day - November 9
Thanksgiving - November 24
Friday after Thanksgiving - November 25
Christmas Day - December 25
Tuesday After Christmas - December 26
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 sep arate 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

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

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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 C ity 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 writt en 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:

• Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine.
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• 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 co sts 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).

• If the Claim involves an error or omission in the Contract Documents:

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➢ 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

The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor’s right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set 59 Standard Specifications
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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.

G. Mediation

If the City and the Contractor agree, disputes between the parties may be submitted to non-binding mediation. If the parties cannot agree to an alternative form of mediation, then 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. 60

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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

DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION. BOTH THE CITY

AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES.

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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 Rel ations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

34. RECORD OF WAGES PAID: INSPECTION

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Every Contractor and subcontractor will keep an accurate certifie d 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 i nvalid 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 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 63 Standard Specifications
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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 pa ssage 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.

40. WATER POLLUTION CONTROL

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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 pr event 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.

Where access to driveway or street crossings need to be maintained, minimum 1 1/4- inch-thick steel plating will be used to bridge the trench. All steel plating will have 66 Standard Specifications
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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.

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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, 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.

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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 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. 69

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49. DELIVERED MATERIALS

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, f rom 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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71 PCC 9204
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73 PCC 9204
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74 PCC 9204
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CITY OF BELLFLOWER

PLACING OF SLURRY SEAL ON VARIOUS STREETS

AND CITY-OWNED PARKING LOTS

SPECIFICATIONS NO. 21/22-06

TECHNICAL PROVISIONS

All construction shall conform to the corresponding section of the Standard Specifications for Public Works Construction and any other publication as specified or listed in the General Provisions. If there is a conflict between these inclusions and the Standard Specifications, these inclusions shall have precedence.

2-2.1 SCOPE OF WORK

The work to be done consists of furnishing all labor, materials, methods and processes, implements, tools and machinery which are necessary and required for the placing of slurry seal on various streets including cleaning the surface, furnishing the water dampening the pavement and protecting the seal until it has set on the street, within the following general areas:

1) Bounded by Rosecrans Ave. on the north, to Somerset Blvd. on the south, between Woodruff Ave. on the west to east Carfax Ave. on the east (excluding arterial perimeter streets and alleyways).

2) Bounded by Alondra Blvd. on the north, to Flower St. on the south, between Bellflower Blvd. on the west, to Woodruff Ave. on the east (excluding arterial perimeter streets and alleyways).

3) Bounded by Flower St. on the north, to Artesia Blvd. on the south, between Clark Ave. on the west to Woodruff Ave. on the east (excluding arterial perimeter streets and alleyways).

4) Bounded by MTA right-of-way on the north, to Rose St. on the south, between Lakewood Blvd. on the west to Clark Ave. on the east (excluding arterial perimeter streets and alleyways).

5) Eucalyptus Ave., between Somerset Blvd. to Alondra Blvd.

6) Stevens Ave., between Somerset Blvd. to Alondra Blvd.

ADDITIONAL REQUIREMENTS

(A) Alterations. By mutual consent in writing of the parties signatory of the contract, alterations or deviations, increases or decreases, additions or 76 Technical Provisions
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omissions in the specifications may be made and the same shall in no way effect or make void the contract. The City of Bellflower reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Director of Public Works.

(B) Extra Work. New and unforeseen work will be classed as extra work when such work cannot be covered by any of the various items or combination of items for which there is bid price.

The Contractor shall do no extra work except upon written order from the Director of Public Works. For such extra work, the Contractor shall receive payment as previously agreed upon in writing.

(C) Removal of Obstructions. The Contractor shall remove and dispose of all structures, debris or other obstructions of any character to the construction of the street or road, if and as required by the Director of Public Works.

(D) Final Cleaning Up. Upon completion and before making application for acceptance of work, the Contractor shall clea n up the street or road and all ground occupied by him in connection with the work, of all rubbish, excess materials, temporary structures and equipment; and all parts of the work shall be left in a neat and presentable condition.

(E) Observing Laws and City Ordinances. The Contractor shall observe all the Ordinances of the City of Bellflower relating to the obstruction of streets, and keeping passageways open, and to protect them where they are exposed or dangerous to travel. The Contractor shall be obliged to adhere to all State and local regulations pertaining to safety measures, traffic flow, barricades, night lighting, etc. and accomplished to the satisfaction of the Director of Public Works.

(F) Public Utilities and Pipe Lines. In the prosecution of the work herein specified, the Contractor shall at all times afford the right of any owner of any public utilities or franchises, or other owners of pipeline or conduits, enter upon the street for the purpose of making new installations, changes or repairs to said utilities or other property.

It shall be the Contractor’s responsibility to coordinate and ascertain all utilities that may be involved by this Contractor to the respective utility companies for the expeditious handling of installations involved. Attention is directed to Section 5 of the Standard Specifications. (G) Schedule. Contractor to make own schedule to be approved by the City and not to exceed 150 tons per day.

(H) Standards. Copies of the Standard Plans and Specifications that are referenced on the drawings and in these specifications are on file and 77 Technical Provisions
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available through the office of the Director of Public Works for the City of Bellflower.

(I) Inspection. The Director of Public Works, or his authorized agent, shall at all times have access to work during construction, and shall be furnished with every workmanship, and character of materials used and employed in the work. The Contractor shall notify the Director of Public Works twenty-four (24) hours in advance when he will require inspection for either material or work to be done.

Inspections of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good and unsuitable materials may be rejected, notwithst anding the fact that such defective work and unsuitable materials have been previously overlooked by the Director of Public Works and accepted or estimated for payment. The normal working hours for inspection are 7:30 a.m. to 3:00 p.m., Monday through Friday, excluding holidays and the City’s alternating Fridays off. The City of Bellflower shall be reimbursed at the rate of $168.00 per hour for any inspection required other than the above mentioned hours.

The construction details shall be as follows and as directed by these specifications, together with the referenced appropriate section of said Standard Specifications.

(A) General. Emulsion-aggregate slurry shall be a stable mixture of emulsified asphalt, mineral aggregate, water, and when specified, accelerator of retardant and is referred to as slurry. Mixing and spreading of slurry shall be as described in Subsection 302 -4 of the Standard Specification.

(B) Materials. The ingredients of the slurry shall conform to the following:

1. Emulsified asphalt shall be a slow set or quick set type 1.3, Test Reports and Certification, and 203-3.4.2, Testing Requirements and the following modifications: Type II slurry using cationic emulsion.

Minimum Maximum
Furol viscosity at 77 degrees, sec 20 100
Sieve Test (Retained on No. 20) 0.10
Residue from distillation % 57
Penetration to residue at 77 degrees 40 90
Particle charge test Positive

The cement-mixing test will not be required for quickset cationic emulsified asphalt.

2. The accelerator or retardant for quick setting emulsion shall be a type approved by the Engineer. The amount of accelerator or retardant to 78 Technical Provisions
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be included in the slurry shall be that amount necessary to ensure the applied slurry can support vehicular traffic within 60 minutes after the last application.

3. Water shall be integrated with the other ingredients of the slurry.

Contractor shall in no case use reclaimed water.

4. Aggregate shall be rock dust or other mineral aggregates approved by the Engineer and shall conform to the requirements of Section 200.

The aggregate shall have a minimum sand equivalent of 45 (Test Method No. Calif. 217) and shall not have a moisture content in excess of four percent (4%) by weight.

(C) Composition and Grading. The grading of the combined aggregate and percentage of emulsified asphalt shall be in accordance with the requirements of Subsection 203-5.3: Type II, “Composition and Grading,” of the Standard Specifications.

(D) Mix Check. Contractor shall provide a sample of the mix proposed for use on the project. The mix designer shall identify the optimum proportions of aggregate, asphalt emulsion and any additives proposed to be used by the Contractor. The mix shall achieve the strength, wear and consistency as required in the City Specifications.

Said mix shall be reviewed and approved by the City prior to the Contractor beginning work.

The grading of the combined aggregate and the percentage of emulsified asphalt shall be such as to conform to the requirements indicated in the following tabulations, Type II with 2.5% Latex:

Sieve Size
Type I
% Passing
Type II
% Passing
3/8” (9.5 mm) 100 100
#4 (4.74 mm) 100 90-100
#8 (2.36 mm) 90-100 65-90
#16 (1.18 mm) 65-90 45-70
#30 (600 microns) 40-60 30-50
#50 (300 microns) 25-42 18-36
#100 (150 microns) 15-30 10-24
#200 (75 microns) 10-20 5-15

Emulsified Asphalt

% of Aggregate weight
(Must meet residual
Asphalt requirement)
17-20 14-18
Residual Asphalt 10 min 7.5 min

SLURRY
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Material. The materials for emulsion-aggregate slurry shall conform to Subsection 203-5 and shall be delivered to the job site only when the inspector is present.

(E) Testing Laboratories. All other required materials testing will be arranged by the City. The cost of materials testing shall be borne by the City. The cost for any retesting of a result of the Contractor’s failure to meet the requirements of these specifications shall be charged to the Contractor and withheld from final payment

(F) Mixing – General. Mixing shall be performed by continuous-flow mixer. All aggregate particles shall be uniformly saturated and coated with asphalt.

In addition to the above schedule, in the event that services of City forces are required for the correction of traffic control conditions during hours other than the normal working hours of the City, an additional charge of fully burden overtime hourly rate per person per hour so required shall be levied for each occurrence thereof.

(G) Cleanup. The Contractor shall have a sufficient number of men on the job at all times to properly protect the freshly laid materials (a minimum of four (4) men) and to correct any irregularities resulting from a spillage, unsatisfactory materials or any other inconsistency as the work progresses.

All discrepancies encountered in the application of slurry shall be immediately corrected including any wheel marks on fresh slurry.

(H) Notification. The Contractor shall notify all property owners (Not less than 72 hours in advance) of days and dates that streets adjoining their property will be slurried. A form letter will be furnished by the Contractor to be approved by the City. All costs to the Contractor shall be included in the price of the slurry.

(I) Posting. “Temporary No Parking,” signs to be furnished by the City and dated and posted by the Contractor not less than 48 hours in advance and the cost included in the price of slurry.

(J) Emulsion Aggregate Slurry. Emulsion aggregate slurry shall conform to Standard Specifications for Public Works Construction Current Edition.

(K) Coverage. The material shall cover a minimum average yield of 1,350 square feet per extra-long ton Type II.

(L) Placement. Slurry shall not be applied at more than 270 ft. per minute, per 1350 sq. ft. per long ton. Th e slurry shall be applied in such a manner that no ripples, bumps or ridges exist. If ripples or waves occur in the slurry during the application, the work shall cease and the contractor shall correct the situation as stated in section S of 2.2.1 Special Provisions. 80 Technical Provisions
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Contractor shall deploy a modified slurry box for alley application operation to avoid spillage onto concrete V-gutters.

(M) Application Hours. The application of Slurry Seal shall not commence until after 7:30 a.m., and shall conclude at 2 :00 p.m., unless authorized by the City Engineer. The Slurry Seal shall be cured to be open to traffic by 3:00 p.m.

Slurry shall not be applied if either the pavement of the ambient air temperature is less than 50°F and falling. The portions of streets to be Slurry Sealed shall be closed from the time the application begins until the mixture has sufficiently set to be opened to traffic.

(N) Measurement and Payment. Slurry shall be paid for at the contract price per extra-long ton or as shown in the proposal. When payment is to be made on an extra-long ton basis, the quantity will be determined by the tonnage of dry aggregate used only in the mixture of slurry.

The contract unit price per extra-long ton shall include full compensation for furnishing emulsion, accelerator and water (including water for dampening the pavement). All labor, tools, equipment and incidentals, and for doing all the work involved in construction of the slurry seal complete in the areas as shown on the plans and specified in these specifications.

The Contractor shall supply the Engineer with licensed Weightmaster’s Certificates of weight for all aggregates delivered to the job during the course of each day. Aggregate so certified as being delivered to the project shall be used only in the slurry mixture. The Contractor shall also present Weightmaster’s Certificates for the amount of such aggregate remaining at the completion of the project at no cost to the agency. Payment shall be determined by deducting the amount of aggregate remaining on the project from the amount of aggregate delivered to the project, as soo n as shown on license of Weightmaster’s Certificates.

No deliveries of aggregate or emulsion shall be made without the Inspector being present to sign for receipt of materials.

There shall be no outside work to be done utilizing materials from the tanks or stockpiles stored for the City’s contract.

The Contractor shall furnish, prior to commencing work, a calibrated stick to measure the oil in the trailer storage tanks in ten (10) gallon increments.

DRIVE ON SCALES shall also be delivered to the stockp ile, before work begins, to weigh each machine, load of aggregate leaving and upon returning to the stockpile. This measurement practice will provide accurate tons of aggregate placed, emulsion used and percent of emulsion consumed.

The plant inspector shall check the oil in each load and in the tanks at the beginning and end of each day to determine the amount of oil being used. 81 Technical Provisions
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Certified Weightmaster’s tickets shall be provided to the inspector of all materials to be used.

(O) Sweeping. The street shall be properly swept by the Contractor with a self-loading broom sweeper, satisfactory to the City of Bellflower, just prior to the laying of the slurry and the cost thereof included in the price of material.

After the slurry surface has been in place for one week, the Contractor is responsible to sweep the surface with a Mechanical Mobile Sweeper equipped with a gutter and rear broom to remove the loose particles.

Sweeper operator shall also be equipped with a hand held or backpack blower to blow off the sidewalks where loose materials may have been dispersed. All labor, tools, equipment and incidentals for this maintenance shall be included in Bid Item No. 3, at no additional cost to the Agency.

(P) Construction Yard. It shall be the Contractor’s responsibility to locate any storage sites for materials and equipment needed and such sites must be approved 10 days in advance by the Director of Public Works, before start of work.

When storage sites are located on private properties, the Contractor shall be required to submit to the City Engineer written approval from the owner of record authorizing the use of his property by the Contractor.

(Q) Sanitary Convenience. Necessary sanitary facilities for the use of workers on the job, properly secluded from public observation and in compliance with health ordinances and laws, shall be constructed and maintained in an approved manner by the Contractor and their use shall be strictly enforced by the Contractor.

(R) Payment. It is the intent and purpose that the sum of the bid items and prices will constitute full and complete payment for the improvements as set forth in these specifications and in order to effect a complete job.

(S) Ridges. This is to notify any prospective bidder that if ridges are created on the subject streets from the slurry application creating a, “washboard” effect, the Contractor shall resurface each street with one and one half (1 1/2) inches of ARHM, including any and all necessary cold planning per the City of Bellflower Standard Specifications at no additional cost to the City.

(T) Cost of Damage Repair Included. All costs including material, labor or equipment incurred or used by the Contractor to repair any damage to the slurry placed by said Contractor shall be included in the bid by ton as the slurry is placed, so no additional cost will be paid by the City.

(U) Storage of Materials. The Contractor shall provide a place to store the materials for the work specified in these specifications at no additional 82 Technical Provisions
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cost to the City. Said location to be approved by the Director of Public Works.

(V) Equipment Requirements. The Contractor (or their designee) shall provide a scale or appropriate weighing device at the project site or an alternate site approved by the City. The weighing device shall show the net weight of the aggregate bin on each slurry machine before the machine and product will be approved by the Director of Public Works (or her designee) for the slurry on the project.

(W) Manhole Lid Cleaning. Contractor shall clean all manhole lids.

(X) Material Protection and Maintenance. Adequate means of protection shall be implemented to protect the slurry surface from damage by traffic until such time that the mixture has cured sufficiently so that the slurry course will not adhere to and be picked up by the tires of vehicles. The Contractor shall repair any damage to the seal treatment at no cost to the Agency.

PAINTING

The Contractor shall furnish all pavement markings per current Edition of the California MUTCD as directed by the Owner’s Representative at the following locations per L.F.: Continued on next page.

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Paint Street Intersection or Location (Detail 1)
Yellow Skip
(Detail 21)
Double Yellow
with 3" Black
(Detail 22)
Double Yellow
with 3" Black
Detail 27B
White Edge
Line
1 McNab Rosecrans to Somerset 1743
2 Hegal Hegal and Virginia 300
3 Virginia N/O Alondra 50
4 Stevens Somerset to Alondra 2463 100
5 Eucalyptus
Between Alondra and
Somerset
Detail 1 Yellow Skip
2355
6 Eucalyptus S/O Somerset 50
7 Eucalyptus N/O Alondra 50
8 Virginia S/O Alondra 50
9 Bonfair S/O Alondra 50
10 Oak W/O Clark 50
11 Eucalyptus S/O Alondra 50
12 Oak E/O Bellflower 50
13 Civic Center
Dr. N/O Flower 50
14 Flora Vista E/O Bellflower 50
15 Cornuta S/O Alondra 50
16 Flora Vista N/O Flower 50
17 Palm W/O Clark 50
18 Arkansas W/O Bellflower 50
19 Park W/O Bellflower 50
20 Park E/O Clark 50
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Paint
Street Intersection or Location (Detail 1)
Yellow Skip
(Detail 21)
Double Yellow
with 3" Black
(Detail 22)
Double Yellow
with 3" Black
Detail 27B
White Edge
Line
21 Park Clark to Bellflower 2398 4896
22 Beach W/O Bellflower 670
23 Beach E/O Clark 370
24 Beverly Clark to Ardmore 1347 2794
25 Beverly E/O Clark 50
26 Ardmore N/O Artesia 50
27 Park W/O Woodruff 50
28 Beach W/O Woodruff 50
29 Arkansas E/O Bellflower 50
30 Park E/O Bellflower 50
31 Beach E/O Bellflower 50
32 Virginia Artesia to Cedar 1207
33 Virginia S/O Artesia 50
34 Ramona Lakewood to Clark 2391
35 Ramona W/O Clark 50
36 Ramona E/O Lakewood 50
Total 13904 1300 1440 7690
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Placement of striping and markings shall conform to the requirements of Section 84 and 85 of the Caltrans Standard Specifications, latest edition, the Caltrans Standard Plans and these Special Provisions.

Nothing in these Special Provisions shall relieve the Contractor from the responsibilities established in Subsection 7 -10, “Public Convenience and Safety”, of the State Standard Specifications.

Two (2) applications of paint within the newly slurried streets shall be made following layout alignment and spotting. All striping outside of the newly slurried streets will require one (1) coat. The Contractor shall mark, or otherwise delineate, the new traffic lanes and pavement markings before leaving the site on the same day he covers the existing striping and markings. No street shall be without the proper delineation when open to the public. Travel lanes shall not be left more than 2 weeks without permanent striping.

All striping legends which are partially demolished due to roadway paving limits shall be fully sand blasted and repainted to the City Engineers satisfaction.

All centerline and striping transitions shall be per the specifications set forth in Section 405 of the Caltrans Highway Design Manual and are subject to City Engineer approval. Paragraphs 1 and 2 of Subsection 84 -

1.01, “Description” of the State Standard Specifications, are amended to read:

This work shall consist of applying painted traffic lines and pavement markings at the locations designated by the Engineer, and as specified in these Specifications and Special Provisions.

That kind of material or paint to be applied will be designated in the Caltrans Standard Specifications, specified in the Special Provisions, or shown on the plans.

Paragraph 1 of Subsection 84-1.02, “Control of Alignment and Layout”, is amended to read:

The Contractor shall perform all layout, alignment and spotting, which will consist of existing strips or control points spaced at two hundred (200) feet on tangents and fifty (50) feet on curves and tapers.

The first sentence of paragraph 4 of Subsection 84 -1.03 “Tolerances and Appearance” is amended to read:

Drips, overspray, improper markings and paint material tracked by traffic shall be immediately removed from the pavement surface by methods approved by the Engineer.

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Paragraph 2 of Subsection 84-1.04 “Protection from Damage” is amended to read:

Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the paint is thoroughly dry.

The first sentence of paragraph 1 of Subsection 84-33.02 “Materials” is amended to read:

Such mixing shall be at the Contractor’s expense.

Pavement markers shall conform to the provisions in Section 85, “Pavement Markers”, of the Caltrans Standard Specifications and these “Special Provisions”, and as approved by the Owner’s Representative.

Reflective and non-reflective raised pavement marker’s (RPM’s) shall be placed as part of the second coat of striping. A blue RPM shall be placed in the street at each fire hydrant location per the direction of the Engineer.

Traffic striping shall be applied with two applications with the exception of those streets outside of the slurry boundaries requiring one (1) application.

The first application to be done 7 calendar days following slurry placement, the second application, to be done 7 calen dar days following first application. All pavement markings shall be completed 15 days following Slurry Seal placement.

Payment for Traffic Striping, Markers and Markings, shall be at the Lump Sum (LS) bid price and shall include full compensation for furnishing all labor, materials, tools equipment and incidentals, and for doing all the work involved in placing temporary striping, permanent striping, legend markings, arrows, raised pavement markers, traffic signs, etc., as shown on the plans, as specified in the Caltrans Standard Specifications and these specifications, and as directed by the Engineer and no additional compensation will be made therefore.
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Bellflower City CouncilAugust 28, 2023

Bellflower City Council
August 28, 2023