Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name a nd address optional) which is available at the entrance to the City Council Chambers .
Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
In compliance with the Americans with Di sabilities Act, if you require a reasonable accommodation to participate in this meeting, please contact the City Clerk’s Office (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted o n the City’s website at www.cityofchino.org.
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY JANUARY 4, 2022
OPEN SESSION – 7:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Walt Pocock.
FLAG SALUTE
CEREMONIALS
Proclamations
National Blood Donor Month - January 2022.
Presentations
Chino Youth Christmas Parade Decorated Entry Competition Winners:
• Chino Cub Scouts Pack 205, Best Overall Vehicle/Float • SOAR, RAAP, High Five, Best Overall Walker
• Lift Church, Best Use of Theme.
Mayor's Home Beautification Award - January 2022.
CHINO CITY COUNCIL
JANUARY 4, 2022 2
AGENDA ADDITIONS/REVISIONS
PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
PUBLIC COMMENTS
This is the time and place for the general public to add ress the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.090) limit s speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).
CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from t he Consent Calendar, all items will be acted upon as a whole and by one vote.
1. Warrants. Approve expenses as audited and within budget for warrants 758084 to 758270, and Electronic Fund Transfers 514318E to 514418E, totaling $5,079,715.31.
2. Minutes
a. Minutes - Special Meeting of December 21, 2021 (All Members Present) b. Minutes - Regular Meeting of December 21, 2021 (Ulloa absent)
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Rep ort reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Contract Amendment and Vendor Cap Increase - I Create Professionals . Approve a contract amendment and a vendor cap increase in the amount of $25,000 with Wayne McAfee dba I Create Professionals for a total amount not to exceed $100,000.
5. Reclassification an d Amendment to the City's Classification and Salary Schedule . Adopt Resolution No. 2022-005 amending the City's classification and salary schedule to reclassify the Community Services Department's position of Administrative Secretary to Management Assistant and Reclassification of the vacant Management Assistant to Management Aide.
6. Contract Amendment – Chino Valley Unified School District CARE Master Contract. Approve a contract amendment to the CARE Master Contract with the Chino Valley Unified School District.
7. Master Contract - Chino Valley Unified School District . Approve a Master Contract with Chino Valley Unified School District in the amount of $35,000 for Case Management Services funded by the American Rescue Plan (ARP) State Grant.
8. Tobacco Grant Program Acceptance . Adopt Resolution No. 2022 -004 approving the Tobacco Grant Program and acceptance of Grant Proceeds in the total amount of $35,112.
9. Professional Services Agreement - Economic Feasibility Analysis and Implementation Plan (Euclid Regional Commercial Center) . Award Professional Services Agreement to Stanley R.
Hoffman Associates, Inc., Los Angeles, CA in the amount of $49,700 fo r Economic Feasibility Analysis and Implementation Plan for the Euclid Regional Commercial Center.
CHINO CITY COUNCIL
JANUARY 4, 2022 3
10. Contract Amendment No. 1 - On-Call Traffic Plan Check and Other Related Services . Approve an amendment in the amount of $50,000 to PMK, Inc., Laguna Wo ods, CA for traffic plan check and other related services for a total contract not to exceed $90,000.
11. The Preserve Development Agreement – Partial Assignment and Assumption . Approve an Assumption and Partial Assignment of the Preserve Development Agr eement between the City of Chino, a municipal corporation; Chino Development Corporation, a Califo rnia corporation; and Tri Pointe Homes Holdings, Inc. a Delaware corporation.
12. The Preserve Development Agreement – Partial Assignment and Assumption . Approve an Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, a municipal corporation; Chino Development Corporation, a California corporation; and Lennar Homes of California, Inc., a California corporation.
13. Local Street Overlay Project (MS181) for 16th, 17th, 18th Street and Serene Avenue . Approve the plans and specifications for the construction of the Local Street Overlay Program - MS181 for FY21-22 at various locations.
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PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.
14. Annexation to the Lighting and Landscape District for Parcel Map No. 200 58 (Eversun Investments, LLC) . Adopt Resolution No. 2022 -001 ordering the annexation of Parcel Map 20058 into the Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 85) generally located on the northwest corner of Central Avenue at Eucalyptus Avenue.
Staff Report by: Nicholas S Liguori, AICP, Development Services Director.
RECOMMENDATION: 1) Conduct a public hearing; 2) adopt Resolution No. 2022-001 ordering the annexation of Parcel Map No. 20058 into the Landscape and Lighting District No . 2002-1 (Annexation/Zone No. 85); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
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15. Annexation to the Lighting and Landscape District for the Chino Valley Unified School District' s Chino High School Reconstruction Project . Annexation to the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 87) Chino Valley Unified School District's Chino High School Reconstruction Project.
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.
RECOMMENDATION: 1) Conduct a public hearing; 2) adopt Resolution No. 2022-002 ordering the annexation of Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 87); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
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16. City of Chino User Fees . Conduct a public hearing and adopt Resolution No. 20 22-007, updating user fees for City-provided services, effective February 1, 2022.
Staff Report by: Nikki Love, Billing Manager.
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JANUARY 4, 2022 4
RECOMMENDATION: Conduct a public hearing and adopt Resolution No. 2022-007, updating user fees for City-provided services, effective February 1, 2022.
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17. Approval of 2021-2029 Housing Element Up date. Adopt Resolution No. 2022-003 approving a Negative Declaration and adopting the City of Chino 2021-2029 Housing Element.
Staff Report by: Nicholas S. L iguori, ACIP, Director of Development Services and Nick Chen, City Consultant.
RECOMMENDATION: 1) Conduct a public hearing; 2) adopt Resolution No. 2022 -003 approving a Negative Declaration and adopting the City of Chino 2021 -2029 Housing Element; and 3) authorize the City Manager to file all documents with the State of California Department of Housing and Community Development on behalf of the City.
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NEW BUSINESS
18. Proposed City Council Initiated Ballot Measure . Adopt Resolu tion No. 2022 -006 to Call a Special Municipal Election and other related actions to place on the J une 7, 2022 Primary Election a Ballot Measure to Adopt Overlay Strategies as part of the 2021 -29 Housing Element Update.
Staff Report by: Fred Galante, City Attorney.
RECOMMENDATION: That the City Council:
1. Consider and adopt Resolution No.2022 -006 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHINO, CALIFORNIA, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 2022, FOR THE SUBMISSION
OF A MEASURE TO THE QUALIFIED ELECTORS OF THE CITY OF CHINO TO CONSIDER APPROVAL OF THE OVERLAY STRATEGIES AS PART OF THE 2021 -2029 HOUSING ELEMENT UPDATE TO MEET THE CITY OF CHINO’S REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) ALLOCATION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE THE CITY’S SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 2022, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW” .
2. Direct that the primary argument in favor of the proposed ballot measure be prepared by the City Council for submission to the voters and select one option: (i) direct one of its members to draft the argument and bring it back to the Council for appro val or (ii) authorize a member or subcommittee to draft and approve the argument, or (iii) provide alternative direction.
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19. Award of Contract - Rehabilitation of Wells 12, 14, and 17 . Award a contract to General Pump Company, San Dimas, CA in the amount of $2,936,100 for Rehabilitation of Wells 12, 14, and 17; and a $45,000 amendment to Hazen & Sawyer for inspection services.
Staff Report by: Amanda Coker, Utilities Engineering and Operations Manager.
CHINO CITY COUNCIL
JANUARY 4, 2022 5
RECOMMENDATION: 1) Approve the specifications for the Rehabilitation of Wells 12, 14, and 17; 2) award a construction contract to General Pump Company, San Dimas, CA in the amount of $2,936,100 for the Rehabilitation of Wells 12, 14, and 17; 3) authorize additional expenditures up to $293,610 for contingencies, for a potential total contract amount not to exceed $3,229,710; 4) approve a ninth amendment to the Design Professional Services Agreement with Hazen & Sawyer in the amount of $40,088 plus contingencies of $4,912 for a not to exceed amount of $45,000, for Well 17 construction inspection services; and 5) authorize the C ity Manager to execute the necessary documents on behalf of the City.
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20. South Chino Circulation Improvements . Establish a new Capital Improvement Project and authorized staff to facilitate improvements to traffic concerns in the south region of the City.
Staff Report by: Amer Jakher, Director of Public Works.
RECOMMENDATION: 1) Establish a new Capital Improvement Project ST222, titled Kimball/El Prado/Central Traffic Improvement Project in the amount of $165,000.00; and appr opriate $165,000.00 from the unappropriated reserves of the Transportation Fund with a corresponding year-end transfer in the same amount from the Citywide Tr ansportation Development Impact Fees Fund 220; 2) authorize staff to prepare striping and street p lans to provide two lanes of traffic on Euclid Avenue north of El Prado Road and submit permit application to Caltrans; 3) direct staff to proceed with interi m installation of traffic signal at Bickmore Avenue and Rincon Meadows Drive; 4) direct staff to w ork with City of Chino Hills to open Pine Ave south of El Prado Road for public use; 5) approve an increase to the vendor cap for IDC Consulting Engineers, Inc., Anaheim, CA, in the amount of $161,479.00 for a total vendor cap amount not - to-exceed $369,479.00; 6) approve Amendment No. 3 to Professional Services Agreement No. 2021-118 with IDC Consulting Engineers, Inc., Anaheim, CA, in an amount of $134,566.00 with a contingency of $26,913.00 for a not to exceed 3rd amendment of $161,479.00; and 7) authorize the City Manager to execute all necessary documents on behalf of the City.
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CONTINUED DISCUSSION ITEM
21. Adoption of Ordinanc e No. 2021 -015 (PSPA) (Second Reading) . Adopt Ordinance No. 2021 - 015 on second reading, amending the Preserve Specific Plan.
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.
RECOMMENDATION: Adopt Ordinance No. 2021 -015 on seco nd reading, amending the Preserve Specific Plan.
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MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the l ast Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.
Mayor Ulloa
Mayor Pro Tem Lucio
CHINO CITY COUNCIL
JANUARY 4, 2022 6
Council Member Comstock
Council Member Flores
Council Member Pocock
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, January 18, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
I, Angela Robles, City Clerk of the City of Chi no, hereby declare that on Thursday, December 30, 2021, this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Angela Robles, City Clerk.
C H I N 0
WHEREAS, blood donation plays an essential role in ensuring Southern California's hospitals and medical centers have a readily available blood supply to treat all residents and visitors, making a sufficient supply a public health priorihJ both locally and nationally; and WHEREAS, less than 3% of the U.S. population donate blood, although it is necessary to note that 38% of Americans are actually eligible to donate; and WHEREAS, a single donation of whole blood has the potential to help save the lives of up to three patients, underscoring the importance of constantly replenishing our blood supply through donations and community awareness; and
WHEREAS, donating blood is particularly important during the winter months, when obstacles such as weather, winter illness, and busy holiday schedules may contribute to fewer blood donations; and
WHEREAS, this year in particular, as folks across our state and throughout the world continue the work to fight the CO VID-19 pandemic, we recognize the role of blood donation in supporting our healthcare delivenJ system; and
WHEREAS, more than 50 years ago, on December 31, 1969, the President of the United States signed a proclamation designating January as National Blood Donor Month to honor voluntary blood donors and encourage more people to give blood at a time when more blood is needed; and WHEREAS, throughout the nation blood collection organizations, such as LifeStream Blood Bank, continue to experience a shortage of donors during the CO VID-19 pandemic resulting in critically low levels of blood supplies while demand levels reflect that 1 in every 7 hospital patients will need blood and every 2 seconds someone needs blood.
NOW, THEREFORE, I EUNICE M. ULLOA, MAYOR OF THE CITY OF CHINO, do hereby proclaim January 2022 as
NATIONAL BLOOD DONOR MONTH
in the City of Chino, and on behalf of the Chino City Council, thank all blood donors and encourage those in our community to support local blood drives and blood donation efforts of LifeStream Blood Bank and other blood collection organizations this month and throughout the new year.
DATED THIS 4th DAY OF JANUARY 2022.
ATTEST:
3.a
National Blood Donor Month
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C.ity of Ca(ifornia
<M-ayor' s Jfome <Beautification Jl ward
1(aren Stan£[
Tfian~you for tlie continued improvement and maintenance of your fiome resu[ting in a su6stantia[ contri6ution to tfie overa[[ appearance of tfie community. <Presented 6y tlie
~ayor antf City Counci{ of tlie City of Chino
January 4, 2022
<Date
3.a
Mayor's Home Beautification Award - January 2022
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: JANUARY 4, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.
RECOMMENDATION
Approve expenses as audited and within budget for warrants 758084 to 758270, and Electronic Fund Transfers 514318E to 514418E, totaling $5,079,715.31.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Years 21-22 Operating Budget.
7.1 CONSENT CALENDAR
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COUNCIL MEETING DATE: JANUARY 4, 2022
SUBJECT: WARRANTS
PAGE 2
BACKGROUND
As prescribed by Government Code Se ction 37202 and 37208, the following demand registers are herewith submitted for Council ratification:
NO. WARRANTS DATE FY AMOUNT
1. 758084 – 758184 12/2/21 21-22 $895,267.32
2. 758185 – 758270 12/9/21 21-22 $2,379,352.35
3. 514318E – 514371E 12/3/21 21-22 $1,311,319.44
4. 514372E – 514418E 12/10/21 21-22 $493,776.20
*Denotes handwritten warrant
E: Electronic Fund Transfers
TOTAL $5,079,715.31
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
7.1 CONSENT CALENDAR
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Council Meeting 1/4/22
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
758086 12/02/2021 ALESHIRE & WYNDER CITY ATTORNEY SERVICES $58,046.59 758147 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION-ONSITE CONSTRUCTION $512,757.68 514351 12/03/2021 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $1,063,511.84 514361 SIEMENS MOBILITY, INC TRAFFIC SIGNAL MAINTENANCE $57,936.47 758197 12/09/2021 CALGON CARBON CORPORATION CARBON EXCHANGE $171,200.00 758221 HAZEN AND SAWYER DESIGN OF STATE ST. WATER PROJECT $149,130.73 758225 JAMES MCMINN, INC SYSTEM STORM DRAIN CONSTRUCTION SVCS $867,803.59 758226 KLASSIC ENGINEERING & CONSTRUCTION
INC
AYALA N. PARKING LOT PROJECT $285,826.50
758231 NORSTAR PLUMBING & ENGINEERING INC BRINE LINE CONSTRUCTION $367,460.00 758254 SO CAL EDISON CO SERVICE PERIOD 10/29-11/30 $101,867.95 514382 12/10/2021 CLS LANDSCAPE MANAGEMENT INC LANDSCAPE MAINTENANCE $58,270.54 514397 HUITT-ZOLLARS INC PINE AVE. CONNECTOR DESIGN SERVICES $119,879.47 514414 TRC ENGINEERS, INC. CONSTRUCTION MANAGEMENT SERVICES – EWTF
$102,137.90
13 TOTAL $3,915,829.26
7.1.a
Warrants
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CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TELECONFERENCE LOCATION: 111 N 2ND AVENUE #9006, CHULA VISTA, CA 91910 TUESDAY – DECEMBER 21, 2021
CLOSED SESSION - 6:00 PM
M I N U T E S
CALL TO ORDER
The December 21, 2021, Special Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:00 p.m. by Mayor Pro Tem Marc Lucio in the Council Chambers.
ROLL CALL
Present: Mayor Eunice M. Ulloa (via teleconference), Mayor Pro Tem Marc Lucio, Council Members Karen C. Comstock, Christopher Flores, and Walt Pocock.
Absent: None.
CLOSED SESSION
City Attorney Fred Galante read the titles of the Closed Session items into the record.
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of Cases: One Case.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
Chino Basin Municipal Water District v. City of Chino, et al. (Case No. RCVRS 51010).
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
The City Council recessed to Closed Session at 6:05 p.m. The City Council returned from Closed Session at 6:55 p.m.
REPORT OUT OF CLOSED SESSION
City Attorney Galante reported out of Closed Session as follows:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of Cases: One Case.
The City Council received a briefing and no further reportable action was taken.
Minutes
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CHINO CITY COUNCIL
DECEMBER 21, 2021 2
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
Chino Basin Municipal Water District v. City of Chino, et al. (Case No. RCVRS 51010).
The City Council received a briefing from special legal counsel Jimmy Gutierrez on the status of the case. The City Council provided direction and no further reportable action was taken.
ADJOURN
The meeting adjourned at 6:58 p.m. The next meeting of the City Council is a Regular Meeting on December 21, 2021, at 7:00 p.m. in these Council Chambers.
APPROVED AND ADOPTED THIS 4TH DAY OF JANUARY, 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)
Minutes
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CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY DECEMBER 21, 2021
OPEN SESSION – 7:00 PM
M I N U T E S
CALL TO ORDER
The December 21, 2021, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 7:00 p.m. by Mayor Pro Tem Marc Lucio in the Council Chambers.
ROLL CALL
Present: Mayor Pro Tem Marc Lucio, Council Members Karen C. Comstock , Christopher Flores, and Walt Pocock.
Absent: Mayor Eunice M. Ulloa
FLAG SALUTE
Council Member Comstock led the assembly in reciting the Pledge of Allegiance.
AGENDA ADDITIONS/REVISIONS
City Manager Matt Ballantyne requested agenda item number 8 - National Opioid Settlements, be removed from the agenda and returned to staff for further review.
PUBLIC ANNOUNCEMENTS
Mayor Pro Tem Lucio issued a reminder about the City Hall holiday closures as follows:
• In observance of Christmas Eve and Christmas Day, City Hall will be open half day (7:30 a.m. to noon) on Thursday, December 23rd in observance of Christmas Eve ; City H all will be closed all day on Friday, December 24th in observance of Christmas • In observance of New Year’s Eve and New Year’s, City Hall will be closed half day (7:30 a.m. to noon) on Th ursday, December 30th in observance of New Year’s Eve; City Hall will be closed all day on Friday, December 31st in observance of New Year’s.
PUBLIC COMMENTS
John Mata of Calvary Chapel Chino Valley provided the Invocation.
The following individuals addressed the City Council regarding the road closures and t raffic circulations issues in and around the Preserve. Specifically, they expressed concern about the Kimball Avenue road cl osures; construction s chedule delays; flooding due to storms ; traffic congestion; truck traffic; impact of a single access road into and out of the development; lack of area shopping; increase in warehouse development; and impacts of the dairy located next to the Minutes
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CHINO CITY COUNCIL
DECEMBER 21, 2021 2
Preserve: Kristiana Trucios ; Cindy Martinez ; David Michaels ; Steve Pivovar off; Zach Miller ; Sarah McLarty; and Lorie Rodrigues.
City Manager Ballantyne thanked the public for their testimony and emails. He apologized for the extended road closure s on Kimball Avenue and explained that the goal is to open Kimball Avenue by February.
City Manager Ballantyne provided a brief history of the Preserve development, which began in 2003. He explained that the then City Council made a policy decision that development of street infrastructure in the Preserve would be driven by the development of the community.
He shared that the City Council recently authorized use of emin ent domain to acquire land for the ultimate build out of Pine A venue and approved an appropriation of city funds for the acquisition. He pointed out that to develop the street infrastructure in and around the Preserve to full capacity would require additional land acquisition and appropriation of funds.
City Manager B allantyne reported that in preparation for the next storm e vent staff is clearing debris in the city and beyond the city boundaries at Bickmore and Euclid Avenues. Additionally, city staff is placing signs and barricades as well as staff resources at the Preserve.
Council Member Comstock thanked the Preserve residents for their testimony. She suggested the City Co uncil revisit the existing policy that development of street infrastructure in the Preserve pay for itself. She asked staff to explore options for funding the street improvements on Kimball Av enue and Bickmore Avenue. Also, in response to public comments about the dairy, she suggested the city reach out to the dairy owner about maintaining their property in the best state possible.
Council Member Flores thanked the residents for their testimony.
Council Member Pocock stated the City Manager is committed to helping the residents and the City Council is committed to addressing the issues.
Mayor Pro Tem Lucio thanked the residents for their testimony. He echoed the comments made by Council Member Comstock and agreed the City Council should revisit the existing policy that development of street infrastructure in the Preserve pay for itself.
City Attorney Fred Galante advised that because the item is not on the agenda, the City Council may not take action on this item at this meeting. The City Council may provide direction to staff to bring back an item fo r consideration at a future meeting to change the policy that defers to developers for construction of infrastructure in the Preserve.
There was consensus by the City Council to direct staff to bring back a capital improvement program for the development of public inf rastructure in the Preserve and potential reimbursement from developers.
In response to quest ions from Council, City Manager Ballantyne reported that the city received approximately $14 million dollars in ARPA (American Rescue Plan Act) funds. He explained that use of the funds for infrastructure are limited to water, sewer and broadband.
Stubbie Barr thanke d C ity Atto rney Galante for pointing out the Brown Act re quirements. He appreciated the discussion by the City Council on this subject.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 757985 to 758083, and Electronic Fund Transfers 514278E to 514316E, totaling $3,529,618.04.
Minutes
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CHINO CITY COUNCIL
DECEMBER 21, 2021 3
2. Minutes – Regular Meeting of December 7, 2021 (All Members Present).
3. Elected City Officials’ Report Regarding Travel, Training, an d Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Reappointment to West Valley Mosquito and Vector Control District (WVMV CD) Board of Trustees. Ratify the rea ppointment of Mayo r Ulloa to WVMVCD Board of Trustees for a two- year term.
5. Community Facilities Districts Annual Reporting for Fiscal Year Ending June 30, 2021. Receive and file the Community Facilities Districts Report pursuant to Senate Bill 165 (Local Agency Tax and Bond Accountability Act).
6. Authorize Vendor Cap Increase – Dell Marketing. Authorize a purchase order in the amount of $223,571 and vendor cap increase in the amount of $300,000 for blanket purch ase orders with Dell Marketing.
7. Approve Reimbursemen t Agree ment with Orange County Flood Control District . Approve a Reimbursement Agreement with the Orange Cou nty Flood Control District for the r elocation of utilities in the Prado Dam Inundation Area.
8. National Opioid Settlements . Adopt Resolution No. 2021-088, approving al l Na tional Opioid Settlement participation documents and authorizing City Manager or his designee to execute all necessary documents pertaining to National Opioid Settlement. (Pulled fro m the Consent Calendar and returned to staff for further review.)
9. Adoption of Ordinance No. 2021 -015 (PSPA) (Second Read ing). Adopt Ordinance No. 202 1- 015, amending the Preserve Specific Plan . (Pulled fro m the Consent Cal endar f or pub lic comment.)
ORDINANCE NO. 2021-015
AN ORDINANCE O F THE CITY COUNCIL OF THE CITY O F CHINO, CALIFORNIA,
AMENDING THE PRESERVE SPECIFIC PLAN (PSP) TO ADD AND CORRECT SOME
DOCUMENT LANGUAGE, UPDATE VARIOUS ROADWAY SE CTIONS, RECO NFIGURE
MAIN STREET SOUTH OF MARKET STREET, UPDATE AND CLARIFY CERTAIN DEVELOPMENT STANDARDS, AND CLEAN-UP OF VARIOUS EXHIBITS.
Moved by Council Member Flores, seconded by Council Member Pocock, and carried on a 4-0-1 roll call vote, to approve Consent Calendar Items 1 through 7 as presented. Item no. 8 was removed from the agenda and referred to staff. Item no. 9 was pulled for public comment.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK.
NOES: NONE.
ABSENT: ULLOA.
ITEMS PULLED FROM CONSENT CALENDAR
8. National Opioid Settlements . Adopt Resolution No. 2021-088, a pproving all Natio nal Opioi d Settlement participation documents and authorizing City Manager or his designee to execute all necessary documents pertaining to National Opioid Settlement.
No action was taken on this item. The item was referred to staff for further review.
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CHINO CITY COUNCIL
DECEMBER 21, 2021 4
9. Adoption of Ordinance No. 2 021-015 (PSPA) (Second Read ing). Adopt Ordinance No. 202 1- 015, amending the Preserve Specific Plan.
ORDINANCE NO. 2021-015
AN ORDINANCE OF THE CITY COUNCIL OF TH E CITY OF CHINO, CALIFORNIA,
AMENDING THE PRESERVE SPEC IFIC PLAN (PSP) TO ADD AND CORRECT SOM E
DOCUMENT LANGUAGE, UPDATE VARIOUS ROADWAY S ECTIONS, RECO NFIGURE
MAIN STREET SOUTH OF MARKET STREET, UPDATE AND CLARIFY CERTAIN DEVELOPMENT STANDARDS, AND CLEAN-UP OF VARIOUS EXHIBITS.
Mayor Pro Tem Lucio invited the public to comment on this item.
City Attorney Galante advised that this is no longer a public hearing and the testimony given will not be part of the public hearing record.
Stubbie Barr addressed the City Council and gave a PowerPoint presentation that is on f ile in the City Clerk’s office. He discussed the proposed changes and specifically the removal of the shared use path designation from the Preserve Specific Plan. He requested the item be referred back to staff for further review.
Mr. Ralls explained that the Preserve S pecific Plan A mendment attempts to create a multi- modal transportation system that integrates streets, bicycle lanes, pathways, and trail facilities in the Preserve. He clarified that the original paseo and open space system in the Preserve Specific Plan did not change. These area within the community, and off major art erials, are proposed to be rec lassified as wide sidewalks. Furthermore, he stated the paseos along P ine Avenue, Hellman Avenue, and Kimball Avenue wo uld remain a Class I bicycle lane because there is not enough roadway width to safely dedicate a Class II bicycle lane. He expressed his desire to provide multi-use facilities that are safe and usable for everyone.
Council Member Comstock asked if the proposed amended plan eliminates bicycle lanes.
Mr. Ralls explained that the bicycle plan exhibits unintentionally omitted segments of Rincon Meadows and Mayhew Avenue that should have been shown as a Class II bicycle lane.
There was further discussion about the elevation maps.
Stubbie Barr addressed the City Council and cautioned that if the item is approved as submitted the pathways would not be built correctly.
Council Member Pocock suggested scheduling a public hearing on this item for a fut ure meeting.
City Attorney Galante explained that since the public hearing was held and closed on December 7th, to hold another public hearing would require the city to re-notice the item for introduction and first reading as well as consideration by the Planning Commission. Additionally, staff wou ld need direction from City Council on the changes to the proposed plan.
City Man ager Ballantyne clarified the proposed amendments do not eliminate sections of the paseos. Additionally, the width of the paseos and s idewalks remain unchanged. He explained the amended plan includes additional stripping for bicycle lanes and redesignation of a segment of Market Street from a Class II bicycle lane to a Class III bicycle lane due to the reorientation of the second school. He summarized that the proposed amendments do not eliminate paseos and include additional bicycle lanes.
Minutes
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CHINO CITY COUNCIL
DECEMBER 21, 2021 5
Stubbie Barr addressed the City Council a nd requested the specific plan require shared use path designation in all the paseos.
Moved by Council Member Pocock, to a dopt Ordinance No. 202 1-015, amending the Preserve Specific Plan (Second Reading). Motion died for lack of second.
Council Member Comstock inquired as to the benefit of the language change in specific plan that would allow a developer to potentially not build to Class I standards in the future.
Mr. Ralls explained that by changing the la nguage it allows flexibility to move bicyclist off the paseo and onto a buffered bicycle lane in the roadway. The p aseos along Pine Ave nue, Hellman Avenue, and Kimball Avenue will remain Class I bicycle lane.
Moved by Council Member Flores, seconded by Council Member Comstock, and carri ed on a 3-1-1 roll call vote, to continue the item to the January 4, 2021 regular meeting.
AYES: COMSTOCK, FLORES, LUCIO.
NOES: POCOCK.
ABSENT: ULLOA.
NEW BUSINESS
10. Purchase Order Approval – Miracle Playground Sales. Approve a purchase order in the amount of $394 ,898.21 for Miracle Playgroun d S ales, Corona, CA for the purchase of playg round equipment, shade sails, and Poligon sha de she lter for t he Chino Rancho Park De velopment project (G8201).
Staff Report by: Carolyn Baltzer, Projects Manager.
Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 4-0-1 roll call vote, to 1) approve a purchase order in the amount of $394,898.21 for Miracle Playground Sales, Corona, CA for the purchase of playground equipment, shade sails, and Poligo n shade she lter fo r the Chino Rancho Park Development project (G8201); and 2) authorize the City Manager to execute all necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK.
NOES: NONE.
ABSENT: ULLOA.
11. State Department of P arks and Re creation Per Capita Progra m Grant Award Approp riation for Walnut Park Improveme nts. Appropriate Per C apita G rant a ward from the California State Department of Parks and Recreation in the amount $232,854 from the unappropriated reserves of the Park Fund with a corresponding increase in revenue.
Staff Report by: Keith Martinez, Assistant Project Coordinator.
Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 4-0-1 roll call vote, to 1) accept a grant from Califor nia State Department of Parks and Rec reation Office of Gr ants and Local Ser vices in the amount of $232,854; 2) appropriate $23 2,854 from the unapp ropriated res erves of the Park Fund with a corresponding increa se in reve nue; and 3) authorize the City Manage r to execu te all necessary documents related to the funding program on behalf of the City.
Minutes
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CHINO CITY COUNCIL
DECEMBER 21, 2021 6
AYES: COMSTOCK, FLORES, LUCIO, POCOCK.
NOES: NONE.
ABSENT: ULLOA.
12. Award of Contract - Citywide Signage Project M S 221. Approve a ven dor cap increase and award a contract to Mye rs & Sons Hi -Way Sa fety, Inc . for the removal, replaceme nt and relocation of traffic and street names signs in compliance with the California Manual on Uniform Traffic Control Devices (CA-MUTCD) and City standards.
Staff Report by: Davi d McAbee, Pu blic Wo rks Services Manage r and Dennis R alls, Transportation Manager.
There was consensus by the City Council to select Street Name Sign - Alternative Design 1:
• White text on blue background
• Capitalized street name and suffix
• Separated concept icon with larger “CHINO”
In response to questions from Council, Mr. Ralls explained that the traffic signal signs located at gateway entrances would include a full color city logo.
Moved by Council Member Flores, seconded by Council Member Comstock, and carried on a 4-0-1 roll call vote, to 1) approve street name sign Alternative Design 1 (white text on blue background; capitalized street name and suffix; separated concept icon with larger “CHINO”); 2) approve an increase to the vendor cap for Myers & Sons Hi-Way Safety, Inc. in the amount of $289,845.97 for a total vendor cap amount not-to-exceed $543,345.97; 3) award a contract to Myers & Sons Hi-Way Safety, Inc., Chino, CA, in an annual amount of $252,039.97 for Project No. MS221 - Citywide Signage Project Maintenance; 4) authorize annual expenditures o f $25,20 4.00 for project conti ngencies and $12,602.00 for project management and inspection costs, for a poten tial tot al annual contract amount not -to- exceed $2 89,845.97; and 5) aut horize the City Manager to execute al l neces sary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK.
NOES: NONE.
ABSENT: ULLOA.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa was absent.
Mayor Pro Tem Lucio
Mayor Pro Tem Lucio reported on meetings and events attended since the last meeting that included an Investment Committee meeting, meeting with Eri c Fikse about a proposed development; Chino Valley Chamber of Commerce Christmas Luncheon; Ch ino Va lley Fire Board meeting; Chino Police Officers Association Christmas Party at Planes of Fame Museum; Chino Youth Christmas Parade; meeting with Cit y Manager; meeting with resident Zach Miller regarding his concerns about the Preserve; Make a Child Smile event; and meeting with Stubbie Barr about the Preserve Specific P lan. Ma yor P ro Tem Lucio wi shed everyone a M erry Christmas and Happy New Year.
Minutes
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CHINO CITY COUNCIL
DECEMBER 21, 2021 7
Council Member Comstock
Council Member Coms tock reported on meetings and ev ents attended since the last meeting that included a meeting with Eric Fikse, Mayor Pro Tem Lu cio and City Manager Ballantyne about a proposed development ; Chino Valley Chamber of Commerce Christmas Luncheon; Chino Police Of ficers Association Christmas Party at Pla nes of Fame M useum; Chino Yo uth Christmas Parade; meeting with Zach Miller and Mayor Pro Tem Lucio regarding his concerns about the Preserve; meet ing with legal c ounsel re garding ongoing litigation; City Employee Luncheon; and Chino Valley Unified District School Board meeting. Council Member Comstock wished everyone a Merry Christmas and Happy New Year.
Council Member Flores
Council Member Flores reported on meetings and event s attended since the last meeting that included an Investment Committee meeting; Redistricting Community Workshop; Chino Police Officers Associ ation Christmas Party at Pl anes of Fam e Museu m; Chino Youth Christmas Parade; Uchooz Toy Giveaway; Make a Child Smile event; City Employee Luncheon; and Chino Neighborhood House Christmas Toy Giveaway. He issued a reminder about Isaiah’s Rock Food and Toy Giveaway on December 22 nd. Council Member Flo res wished everyone a M erry Christmas and Happy New Year.
Council Member Pocock
Council Member Pocock reported on meetings and events attended since the last meeting that included the Chino Valley Chamber of Co mmerce Christmas Luncheon; meeting with Supervisor Curt Hagman; Chino Police Officers Association Christmas Party at Planes of Fame Museum; Chino Youth Christmas Parade; Make a Child Smile event; City Employee Luncheon; retirement celebration for Debbie He nry; and Chino Ne ighborhood Hou se Christmas Toy Giveaway. Council Member Pocock wished everyone a Merry Christmas and Happy New Year.
City Manager's Report
City Manager Matt Ballantyne wished everyone a Merry Christmas and Happy New Year.
City Attorney's Report
City Attorney Fred Galante reported that his office is preparing a list of relevant legislation that takes effect in 2022 and it will be shared with staff. He wished everyone a Merry Christmas and Happy New Year.
Police Chief's Report
Police Chief Wes Simmons reported on a recent truck enforcement operation coordinated by the Chino Police Department that resulted in the i ssuance of 75 truck route citations. Also, he reported on the Police De partment deployment plan fo r the New Year’s Eve holiday. Chief Simmons issued a reminder to celebrate responsibly and wished everyone a safe and happy holiday season.
Fire Chief's Report
Deputy Fire C hief Nathan C ooke issu ed holiday safety ti ps and wished everyone happy and safe holiday season.
Minutes
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CHINO CITY COUNCIL
DECEMBER 21, 2021 8
ADJOURN
The meeting adjourned at 9:45 p.m. The next Regular Meeting of t he City Council will be held on Tuesday, January 4, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 4TH DAY OF JANUARY , 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)
Minutes
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Revenue: Expenditure: 1002000-43320
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M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: JANUARY 4, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ANGELA ROBLES, CITY CLERK
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.
RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2021-22 Operating Budget.
7.3 CONSENT CALENDAR
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COUNCIL MEETING DATE: JANUARY 4, 2022
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND
MEETINGS
PAGE 2
BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the ex pense of the local agency at the next regular meeting of the legislative body.
ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agen da Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.
Additionally, to provide the public with a n event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.
Attachment: Exhibit A
7.3 CONSENT CALENDAR
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ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,
TRAINING, AND MEETINGS
JANUARY 4, 2022 EXHIBIT A
Event Date Meeting Purpose and Subject Matter City Official Attendees
None.
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and Subject
Matter
Location
City Officials that may
attend
None.
7.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 24
Revenue: Expenditure: 6405020-43650
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M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 4, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ANTHONY ARROYO, DIRECTOR OF HUMAN RESOURCES/RISK
MANAGEMENT
SUBJECT: CONTRACT AMENDMENT AND VENDO R CAP INCREASE - I CREATE PROFESSIONALS.
RECOMMENDATION
1) Approve a contract amendment and a vendor cap increase for Wayne McAfee, dba, I Create Professionals, in the amount of $25,000, for a total amount not to exceed $100,000 for the contract and vendor cap increase and authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2021-22 Operating Budget.
7.4 CONSENT CALENDAR
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COUNCIL MEETING DATE: JANUARY 4, 2022
SUBJECT: CONTRACT AMENDMENT AND VENDOR CAP INCREASE - I CREATE
PROFESSIONALS
PAGE 2
BACKGROUND
Wayne McAfee dba I Create Professionals is a consultant Human Resources uses for a variety of department and staff assessments in addition to other consulting services as they relate to Human Resources.
ISSUES/ANALYSIS
Wayne McAfee dba I Create Professionals has been working with the City’s Human Reso urces Department for the last five years. Dr. Wayne McAfee, president of I Create Professionals, has had proven success with his work in a variety of departments. Such work includes job analysis and pre-hire assessments. Due to his engaging and interact ive style, Dr. McAfee was tasked with facilitating the recent Executive Management Team retreat and the City Manager’s evaluation. As a result of this, the city reached the vend or cap for the 202 1-2022 fiscal year.
This request increases the purchase ord er only; no appropriation is required as the expenditures are within the adopted Fiscal Year 2021-22 Budgeted Appropriations.
City Council authorization is required as the combined total of pur chase orders will exceed the previously approved vendor cap of $75,000, along with a contract amendment of $25,000.
Attachment: Contract Amendment
7.4 CONSENT CALENDAR
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AMENDMENT NO. 5
TO AGREEMENT FOR SERVICES
THIS AMENDMENT NO. 5 TO THE AGREEMENT FOR SERVICES
(“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”), and Wayne McAfee dba I Create Professionals Consulting LLC , (“Consultant”), is effective as of the 1st day of January, 2022.
RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated November 18, 2019 and amended once on January 15, 2020, twice on July 1, 2020, and once again on July 1, 2021 (“Agreement”) whereby Consultant agreed to provide consulting services.
B. City and Consultant now desire to amend the Agreement to increase compensation and change the scope of services.
TERMS
1. Contract Changes. The Agreement is amended the Agreement to extend term. a) Section 2.1 of the Agreement is hereby revised to increase the Contract Sum by $25,000, and shall read in its entirety as follows:
“For the services rendered pursuant to this Agreement, Consultant sh all be compensated in accordance with the “Scope and Cost of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, but not exceeding the maximum contract amount of one hundred thousand Dollars ($100,000) (“Contract Sum”).”
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it sha ll mean the Agreement, as amended by this Amendment.
3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with
7.4.a
Contract Amendment and Vendor Cap Increase - I Create
Packet Pg. 27
2 the passing of time or the giving of noti ce, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consid eration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly a uthorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
7.4.a
Contract Amendment and Vendor Cap Increase - I Create
Packet Pg. 28
3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Matthew C. Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO CONTENT:
_____________________________
Anthony Arroyo, Department Director
CONSULTANT:
Wayne McAfee
dba I Create Professionals Consulting LLC
By:
Name: Wayne McAfee
Title: CEO
Address: 700 E Redlands Blvd
Ste U-336
Redlands, CA 92373
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Contract Amendment and Vendor Cap Increase - I Create
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 4, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ANTHONY ARROYO, DIRECTOR OF HUMAN RESOURCES/RISK
MANAGEMENT
SUBJECT: RECLASSIFICATION AND AMENDME NT TO THE CITY'S CLASSIFICATION AND SALARY SCHEDULE.
RECOMMENDATION
Adopt Resolution No. 2022-005, reclassifying the position of Community Services Administrative Secretary to Management Assistant; and vacant position of Community Services Management Assistant to Management Aide.
FISCAL IMPACT
There are sufficient funds available in the Fiscal Year 2021-22 Community Services Fund for these reclassifications.
7.5 CONSENT CALENDAR
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COUNCIL MEETING DATE: JANUARY 4, 2022
SUBJECT: RECLASSIFICATION AND AMENDMENT TO THE CITY'S CLASSIFICATION AND
SALARY SCHEDULE
PAGE 2
BACKGROUND
The Management Assistant within the Community Services Department became vacant in November 2021, due to the resignation of the former incumbent. This provided an opportunity for Community Services to reassess the needs of the Department. It has been known for quite some time that the Administrative Secretary performs duties that are typically not associated with similar positions within the City. As an example, the Administrative Secretary initiates and manages Department contracts as well as serve s as Secretary to the Community Services Commission. The reclassification of the Administrative Secretary to Management Assistant will allow the Department to maintain these functions and assign additional duties as needed.
If approved by the City Council, the Community Services Department will reclass the Administrative Secretary assigned to Community Services to a Management Assistant .
Additionally, the vacant position of Management Assistant will be reclassified to Management Aide, which will be responsible for marketing and promotion of the Department, assist with grants, and coordinate social media activity with the Administration Department.
ISSUES/ANALYSIS
To better reflect the needs of the Department, the reclassification s of the Administrative Secretary to Management Assistant and the vacant Management Assistant to Management Aide are recommended for the Department. The reclassification of the position s will allow for the incumbents to be properly classified to reflect the duties and responsibilities performed.
Attachment: Resolution No. 2022-005
7.5 CONSENT CALENDAR
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RESOLUTION NO. 2022-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CERTAIN PORTIONS OF RESOLUTION NOS. 2021- 047, 2021-060, 2021-064 AND 2021-071 OF THE CITY’S CLASSIFICATION AND SALARY SCHEDULE.
WHEREAS, the City Council of the City of Chino has the autho rity to create and maintain position classifications; and
WHEREAS, greater flexibility is desired to meet changing conditions and better serve general organizational needs; and
WHEREAS, the need to eliminate a budgeted position of Administrative Secretary has been identified; and
WHEREAS, the need to add the position of Management Aide has been identified.
NOW, THEREFORE, BE IT RESOLVED that the following position changes are established:
Remove:
• One (1) Full-time Administrative Secretary, (Confidential)
Add:
• One (1) Full-time Management Aide, (Teamsters)
APPROVED AND ADOPTED THIS 4th day of January, 2022.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
ANGELA ROBLES, CITY CLERK
CITY OF CHINO
7.5.a
Community Services Department position
Packet Pg. 32
RESOLUTION NO. 2022-005
PAGE 2
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF CHINO )
I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 4th day of January, 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
7.5.a
Community Services Department position
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Revenue: 33081204-59500-G8512 Expenditure: 33081204-40010-G8512 Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 4, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: LINDA REICH, DIRECTOR OF COMMUNITY SERVICES
SUBJECT: CONTRACT AMENDMENT - CVUSD CARE MASTER CONTRACT.
RECOMMENDATION
1) Approve a contract amendment to the CARE Master Contract with the Chino Valley Unified School District; 2) appropriate an additional $25,000 from the unappropriated reserves of the Community Services Fund, 3) increase the revenue budget of the Community Services Fund by $25,000, and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Requires an additional appropriation of $25,000 from the unappropriated reserves of the Community Services Fund with a corresponding increase to the revenue budget.
7.6 CONSENT CALENDAR
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COUNCIL MEETING DATE: JANUARY 4, 2022
SUBJECT: CONTRACT AMENDMENT - CVUSD CARE MASTER CONTRACT PAGE 2
BACKGROUND
For several years, the City of Chino has partnered with the Chino Valley Unified School District (District). Through this partnership, the City and District work together to provide a variety of programs and services benefiting youth in the community. Counselors work with students/families identified as experiencing homelessness (or are in transition) to provide school-based and clinic counseling as needed. This program assi sts students enrolled in the McKinney-Vento CARE program who are identified through the District, Chino Community Services Department, Chino Police Department, and other community agencies.
ISSUES/ANALYSIS
To facilitate efficient coordination and impleme ntation of services, the District enters into a contract with the City to provide the services outlined in the Master Contract. Once services are rendered, the City bills the District, and the District reimburses the City. The CARE Master Contract for Fisc al Year 2021 -22 was approved by the City Council on July 20, 2021. The District amended the CARE Master Contract and increased the amount from $10,000 to $35,000. This requires an increase of $25,000 to both expense and revenue budgets.
7.6 CONSENT CALENDAR
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Revenue: 33081204-59500-G8589 Expenditure: 33081204-40010-G8589
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 4, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: LINDA REICH, DIRECTOR OF COMMUNITY SERVICES
SUBJECT: MASTER CONTRACT - CHINO VALLEY UNIFIED SCHOOL DISTRICT.
RECOMMENDATION
1) Approve a Master Contract with the Chino Valley Unified School District in the amount of $35,000 for American Rescue Plan (ARP) Case Management, 2) appropriate $35,000 from the unappropriated reserves of the Community Ser vices Fund, 3) increase the revenue budget of the Community Services Fund by $35,000, and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation of $35,000 from the unappropriated re serves of the Community Services Fund with a corresponding increase of $35,000 to the revenue budget of the Community Services Fund.
7.7 CONSENT CALENDAR
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COUNCIL MEETING DATE: JANUARY 4, 2022
SUBJECT: MASTER CONTRACT - CHINO VALLEY UNIFIED SCHOOL DISTRICT PAGE 2
BACKGROUND
The Chino Valley Unified School District (District) received additional funding from the American Rescue Plan (ARP) and is contracting with the City to provide case management services to McKinney-Vento (homeless) students. McKinney -Vento defines homeless children and youth as individuals who lack a fixed, regular, and adequate nighttime residence. This also inc ludes children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings. This funding will grant part -time hours for a Case Manager to provide case management services in the form of transportation, food, housing, school components (assist with academic barriers), while working with the District Student Attendance Review Board (SARB). The additional funding will offset the loss of $50,000 in McKinney -Vento grant funding fo r this school year (2021 -2022). The Master Contract was approved by the School District Board of Education on November 4, 2021.
ISSUES/ANALYSIS
In order to facilitate efficient coordination and implementation of services, the District enters into a contract with the City to provide the services outlined in the Master Contract (attached). Once services are rendered, the City bills the District and the District reimburses the City for those services during Fiscal Year 2021-2022.
Attachment: Master Contract - ARP Case Management
7.7 CONSENT CALENDAR
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7.7.a
Master Contract - Chino Valley Unified School District
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7.7.a
Master Contract - Chino Valley Unified School District
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7.7.a
Master Contract - Chino Valley Unified School District
Packet Pg. 40
7.7.a
Master Contract - Chino Valley Unified School District
Packet Pg. 41
7.7.a
Master Contract - Chino Valley Unified School District
Packet Pg. 42
7.7.a
Master Contract - Chino Valley Unified School District
Packet Pg. 43
7.7.a
Master Contract - Chino Valley Unified School District
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7.7.a
Master Contract - Chino Valley Unified School District
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Revenue: 1004000-59500-G4225 Expenditure: 1004000-(41020,43320)-G4225
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M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: JANUARY 4, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: TOBACCO GRANT PROGRAM ACCEPTANCE.
RECOMMENDATION
1) Adopt Resolution No. 2022-004 to accept the Tobacco Grant Program and acceptance of grant proceeds in the amount of $35,112, over a three year fiscal period; 2) appropriate $11,704 for this FY 2021-22, from the unappropriated reserves of the General Fund; 3) increase the General Fund revenue budget by $11,704; and 4) authorize the City Manager to execute all necessary documents related to the Tobacco Grant Program, on behalf of the City.
FISCAL IMPACT
Requires an appropriation of $11,704 from the unappropriated reserves of the General Fund with a corresponding increase to the General Fund Grant revenues. During the budget process for FY2022-23 and FY2023-24, revenues and expenditures of $11,704 for each year will be added bringing the total grant amount for the three year period to $35,112.
7.8 CONSENT CALENDAR
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COUNCIL MEETING DATE: JANUARY 4, 2022
SUBJECT: TOBACCO GRANT PROGRAM ACCEPTANCE
PAGE 2
BACKGROUND
On November 18, 2021 , the Chino Police Department received notification from the California Department of Justice that our agency’s grant application for funds authorized under the California Healthcare, Research and Pre vention Tobacco Tax Act of 2016 has been approved for Funding in the amount of $35,112.
It has been our overall experience that individuals involved in furnishing tobacco to minors are most often involved in other criminal activity. Additionally, many es tablishments in the City of Chino that sell tobacco related products (i.e. smoke shops and liquor stores) have been known to have higher levels of crime than other establishments. Some of these establishments have also been known to sell tobacco products to minors as well as offer narcotic related paraphernalia (pipes) under the false pretense these items are to be used for tobacco.
Historically, tobacco related operations have led to a safer environment for our community through education and sustained enforcement.
While utilizing this grant throughout the three-fiscal year period, staff will conduct a minimum of four (4) Minor Decoy operations, establishment inspections, and educate our youth of the dangers of tobacco.
ISSUES/ANALYSIS
If approved, the Chino Police Department will expend $35,112 during the next three fiscal years towards overtime hours for operations.
Attachments: Resolution No. 2022-004
Tobacco Grant Program 2021-22 Grant Application
Grant Award Letter
MOU – Tobacco Grant
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R
ESOLUTION NO. 2022-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AUTHORIZING THE CITY OF CHINO TO ACCEPT
THE GRANT PROCEEDS IN THE AMOUNT OF $3 5,112 FROM
CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT
PROGRAM FY 2021-22
WHEREAS, the City of Chino prepared and submitted a grant application in April 2021 to receive grant proceeds from the California Department of Justice Tobacco Grant Program; and
WHEREAS, the City of Chino received notification from the California Department of Justice that the City had been awarded $35,112 in grant proceeds for a 3 year period; and
WHEREAS, if accepted by the City, these grant proceeds will be used to reimburse tobacco enforcement and preventative measures including Minor Decoy operations and educating our youth of the dangers of tobacco; and WHEREAS, by way of these funds, the City of Chino will create a safer environment in the community through effective and sustained educational opportunities and enforcement; and
WHEREAS, to secure these funds, the City Council of the City of Chino authorize the execution of the Memorandum of Understanding DOJ-PROP56-2021-22-1-013.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY RESOLVE AS FOLLOWS:
1. The foregoing recitals are true and correct.
2. The City Council of the City of Chino accepts all conditions prescribed in the Memorandum of Understanding DOJ-PROP56-2021-22-1-013.
3. The City Council of the City of Chino authorizes the City Manager or their designee to execute Memorandum of Understanding DOJ-
PROP56-2021-22-1-013 between the City of Chino and the Department of Justice.
4. The City Council of the City of Chino accepts the total grant proceeds in the amount of $35,112, over the next three fiscal years and t o be reimbursed the costs incurred to conduct Tobacco Grant Program operations.
5. The City Clerk shall certify to the adoption of this Resolution.
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RESOLUTION NO. 2022-004
PASSED, APPROVED, and ADOPTED this 4th DAY OF JANUARY 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK St
ate of California )
County of San Bernardino ) ss
City of Chino )
I, Angela Robles, City Clerk of the City of Chino, do hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 4th day of January 2022 by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
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ROB BONTA State of California
Attorney General DEPARTMENT OF JUSTICE
DIVISION OF OPERATIONS
TOBACCO GRANT PROGRAM
P.O. BOX 160187
SACRAMENTO, CA 95816-0187
Telephone: (916) 210-6422
E-Mail Address: [email protected]
November 18, 2021
Franklin Ike, Corporal
Chino Police Department
5450 Guardian Way
Chino, CA 91710
Re: Tobacco Grant Award Notification FY 21/22
Dear Franklin Ike:
Congratulations! On behalf of the California Department of Justice, I am excited to inform you that your agency’s grant application for funds authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 has been approved for Funding in the amount of $35,112¹.
The California Department of Justice was excited to receive applications totaling over $71 million to support local law enforcement agencies in educating minors about the harms of tobacco products, enforcing state and local tobacco laws, and conducting retailer enforcement.
Consequently, some awards were approved with modifications.
In order to accept the award, your agency must, within 15 calendar days of the date of this letter, respond with a signed Letter of Intent (template attached) affirming either 1) your agency will seek a resolution to accept the award, if your agency has a governing body; or 2) no governing body exists and no resolution is required. The letter can be sent via email to [email protected] with subject line “FY 21-22_Letter of Intent_Chino Police Department” and/or hard copy to:
CA Department of Justice
Division of Operations
Tobacco Grant Program
P.O. Box 160187
Sacramento, CA 95816-0187
If the Letter of Intent is only being sent via hard copy, it must be postmarked within 15 days of the date of this letter. Upon receipt of the Letter of Intent, the Local Assistance Unit
¹Award amounts are subject to change due to appeals or declinations of awards.
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within the California Department of Justice will provide documents as part of your grant agreement (Memorandum of Understanding, Handbook, etc.).
Also provided with the electronic version of this letter are the Award Summary and approved Budget Detail which will reflect any necessary modifications. If you wish to realign the approved funds, please reference the attached instruction sheet and return your revised Budget Detail with your letter of intent.
If you have any questions about this process, please do not hesitate to contact me at (916) 210-7006 or at [email protected].
Sincerely,
STACY HEINSEN
Manager, Tobacco Grant Program
For ROB BONTA
Attorney General
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DOJ-PROP56-2021-22-1-013
MEMORANDUM OF UNDERSTANDING
PURPOSE
This Memorandum of Understanding (MOU) is entered into by the Department of Justice (hereinafter, “Department”) and the City of Chino (hereinafter, “Grantee”), to provide grant funds to Grantee for expenditure in compliance with the Grantee Handbook. The Grantee will expend funds for the purposes identified in the approved Summary of Award document to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (the “Act”), approved by the voters as Proposition 56.
The Request for Proposals, Grantee Handbook (dated March 2021), and Summary of Award document are hereby incorporated by reference into this MOU.
COST REIMBURSEMENT
The Department agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document, upon receipt of invoices from Grantee and approval of the invoices by the Department, in accordance with the reimbursement procedures set forth in the Grantee Handbook.
BUDGET CONTINGENCY CLAUSE
It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under the agreement does not appropriate sufficient funds for this MOU, this MOU shall be of no further force and effect. In this event, the Department shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this MOU and Grantee shall not be obligated to continue performing any provisions of this agreement for which it would have been reimbursed.
If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, the Department shall have the option to either cancel this MOU with no liability occurring to the Department, or offer an addendum to the Grantee to reflect the reduced amount.
ADMINISTRATION
Should Grantee fail to comply with this MOU, including any expenditures for purposes not permitted under the MOU, the Department may take one or more of the actions described under Noncompliance in the Grantee Handbook.
MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing, and signed by the duly authorized representatives of the parties.
Assignment – This MOU is not assignable by Grantee in whole or in part.
Indemnification – Grantee agrees to indemnify and hold harmless the Department, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.
Termination – The Department may terminate this MOU and be relieved of any obligation to provide grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.
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DOJ-PROP56-2021-22-1-013
TERMS
Grant Duration: 12/1/2021 – 6/30/2025
Award Amount
Category of Expenditure Budget
FY 2021-2022
Budget
FY 2022-2023
Budget
FY 2023-2024
Budget
FY 2024-2025
Personnel Services $11,704 $11,704 $11,704 $0
Operating Expenses and Equipment $0 $0 $0 $0
Administrative Costs (Not to Exceed 5%) $0 $0 $0 $0
TOTAL AWARD AMOUNT $35,112
The time limit for reimbursements against this award ends 6/30/2025. Requests received after 7/15/2025 cannot be reimbursed by the Department.
GRANTEE CONTACT INFORMATION
Wes Simmons, Chief of Police
City of Chino, Police Department
5450 Guardian Way, Chino, CA 91710
(909) 334-3099
[email protected]
AUTHORIZATION
The Department and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be mailed to the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.
___________________________________ ___________________ WES SIMMONS Date
Chief of Police
City of Chino-Police Department
___________________________________ ___________________ MATTHEW C. BALLANTYNE Date
City Manager
City of Chino
___________________________________ ___________________ STACY HEINSEN, GRANT MGR. Date
Division of Operations
California Department of Justice
__________________________________ ___________________
CHRIS RYAN, CHIEF Date
Division of Operations
California Department of Justice
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Revenue: Expenditure: 1006100-43650-N6034
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 4, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: PROFESSIONAL SERVICES AGRE EMENT - ECONOMIC FEASIBILITY
ANALYSIS AND IMPLEMENTATION PLAN (EUCLID REGIONAL
COMMERCIAL CENTER).
RECOMMENDATION
1) Award Professional Services Agreement to Stanley R. Hoffman Associates, Inc., Los Angeles, CA., in the amount of $49,700 for Economic Feasibility Analysis and Implementation Plan for the Euclid Regional Commercial Center and other related services; 2) authorize up to two, one-year contract extensions; 3) approve a vendor cap increase to Stanley R. Hoffman Associates, Inc. in the amount of $49,700 for a total not-to-exceed amount of $67,800; 4) set up a project number N6034, titled Economic Feasibility Analysis and Implementation Plan Euclid Regional Commercial Center to track the expenditures; and 5) authorize the City Manager to execute all the required documents on behalf of the City.
FISCAL IMPACT
There are sufficient funds included in the Fiscal Year 2021-22 Development Services Planning Program to cover the cost associated with the proposed agreement. The project number N6034, will be set up to track the expenditures for the Economic Feasibility Plan.
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COUNCIL MEETING DATE: JANUARY 4, 2022
SUBJECT: PROFESSIONAL SERVICES AGREEMENT - ECONOMIC FEASIBILITY
ANALYSIS AND IMPLEMENTATION PLAN (EUCLID REGIONAL COMMERCIAL CENTER) PAGE 2
BACKGROUND
The Regional Commercial (RC) property within The Preserve Specific Plan consists of 86.07 acres of primarily agricultural land on the east side of Euclid Avenue between Kimbal l and Pine Avenues (see attached map). When The Preserve was approved in 2003, the RC property was envisioned to be an area of intensive business, retail, office, and entertainment uses, providing an employment and commercial base for the region. The RC p roperty was to capitalize on the strategic location of The Preserve by providing a regional employment base that is intended to improve the jobs-housing balance for the City as referenced in Exhibit A.
Since The Preserve adoption, there has been little to no interest in developing the RC property with a regional commercial center as what was originally envisioned in 2003. While the rest of The Preserve residential and industrial properties continue to develop at a rapid pace, the only interest has been to d evelop this property with industrial uses, which the City has consistently discouraged. Prior to allowing an entitlement process for the property to be developed with uses other than those allowed by the Specific Plan, the City would like to understand al l viable land use options for the property based on current economic conditions in the region, and which land uses will have the most beneficial impact to the City long-term.
Consequently, City staff prepared a Request for Proposal (RFP) for professional s ervices to develop an Economic Feasibility Analysis and Implementation Plan for the Euclid Regional Commercial Center.
ISSUES/ANALYSIS
The City formally released the RFP on August 26, 2021, which was published on Planet Bids.
On September 16, 2021 at 10:0 0 a.m., the City received five proposals which were ranked as follows:
Consultants Costs
1) Stanley R. Hoffman Associates, Inc. $49,700.00
2) Kosmont & Associates, Inc. $75,000.00
3) Economic & Planning Systems, Inc. $60,000.00
4) The Concord Group $146,560.00
5) David Taussig & Associates $112,500.00
Consistent with the State of California Government Code Section 4526 and the City’s Purchasing Ordinance, Chapter 3.32, the competing consulting firms were evaluated based on key staff knowledge, exper ience, availability, technical ability, firm’s references, cost, and understanding of the scope of work and work plan.
Therefore, it is staff’s recommendation to the City Council to award a Professional Services Agreement to Stanley R. Hoffman Associates, Inc., Los Angeles, CA in the amount of $49,700 for the Economic Feasibility Analysis and Implementation Plan (Euclid Regional Commercial Center) and other related services. The initial term of the agreement is January 4, 2022 through
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SUBJECT: PROFESSIONAL SERVICES AGREEMENT - ECONOMIC FEASIBILITY
ANALYSIS AND IMPLEMENTATION PLAN (EUCLID REGIONAL COMMERCIAL CENTER) PAGE 3
January 5, 2023, with the option to extend to two (2) additional one-fiscal year periods.
Attachment: Stanley R. Hoffman Associates, Inc. Agreement
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Contract No.:
Approved:
01225.0001/458446.1 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
STANLEY R. HOFFMAN ASSOCIATES, INC.
(Euclid Regional Commercial Center
Economic Feasibility Analysis and Implementation Plan)
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1st day of November 2021 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Stanley R. Hoffman Associates, Inc. (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a propos al or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Chino’ s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for perf ormance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual pro mises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and condi tions of this Agreement, the Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by t his reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, a nd professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phr ase “highest professional standards ” shall mean those
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standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the scope of work include d in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the ter ms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rule s, and regulations of the City and any Federal, State or local governmental entity having j urisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requi rements in California Labor Code section 1770 et seq. and 1810 et seq ., and all other appli cable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “publ ic work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules an d regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as pre scribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to the exte nt required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agree ment, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records . Contractor shall comply with and be bound by t he provisions of Labor Code Section 1776, which requires Contractor and each subcontractor t o:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, S ection 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Agreement by the Cont ractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Pa rt 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment o f compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
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(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (comme ncing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreem ent. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a perio dic basis or upon becoming aware of the failure of the subcontractor to pay his or her worke rs the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such lic enses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to p ay for any fees, assessments and taxes, plus applicable penalties and interest, which may b e imposed by law and arise from or are necessary for the Consultant ’s performance of the services required by this Agreement, and shall indemnify, defend and hold ha rmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement , Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant ’s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and s hall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
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1.8 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until accept ance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.9 Further Responsibilities of Parties.
Both parties agree to use re asonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Services.
City shall have the right , subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant , incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of Cit y Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed su ch authorization. It is expressly understood by Consultant that the provisions of this Sect ion shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by ot her contractors. No claims for an increase in the Contract Sum or time for performance shal l be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which ar e made a part hereof are set forth in the “ Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “ Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimburseme nt for actual expenses, shall not exceed Forty-Nine Thousand Seven Hundred Dollars ($49,700.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a l ump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant ’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approve d subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of t he work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’ s D irector of Finance. By submitting an invoice for payment under this Agreement, Consultant is c ertifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.
All in voices shall be submitted by email to [email protected] g. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
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(c) Line items for all othe r approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per S ection 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.
Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreeme nt, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expense s incurred are in compliance with the provisions of this Agreement. Except as to any charges f or work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty- five (45) days of receipt of Consultant ’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
2.6 Contingency of Funds.
Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budge t approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder i n the budget approved by Chino City Council for each fiscal year covered by this Agreement. I f such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant , extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agre ement shall be extended because of any delays due to unforeseeable causes beyond the control a nd without the fault or negligence of the Consultant , including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earth quakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City , if the Consultant shall within ten (10) days of the commencement of such delay notify the P roject Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Man ager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant ’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than January 5, 2023, except as otherwise provided in the Schedule of Performance (Exhibit “D”). This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the option of the Ci ty if the City is satisfied with the quality of services performed by Consultant under this Agreement.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being th e principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Linda J. Hoffman President
(Name) (Title)
Bravish Mallavapapu Director
(Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible dur ing the term of this Agreement for directing all activities of Consultant and devoting suffi cient time to personally supervise the services hereunder. All personnel of Consultant , and any authorized agents, shall at all times be under the exclusive directi on and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant ’s staff and subcontractors, if any, assigned to perform the services requir ed under this Agreement.
Consultant shall notify City of any changes in Consultant’s staf f and s ubcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner re present that Consultant or any of Consultant ’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant ’s officers, employees or agents, shall obtain any rights to re tirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be Warren Morelion, City Planner, or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progr ess of the performance of the services and the Consultant shall refer any decisions which mus t be made by City to the Project Manager . Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to s ign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its emplo yees shall have any control over the manner, mode or means by which Consultant , its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that rol e. Consultant
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shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City . City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or othe rwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capabil ity and reputation of Consultant , its principals and employees were a substantial inducement for t he City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereund er without the express written approval of the City . In addition, neither this Agreement n or an y interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City . Transfers restricted hereunder shal l inc lude the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consul tant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insur ance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “ insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Ser vices Office form CA 00 01 covering bodily injury and property damage for all activities o f the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented v ehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in conne ction with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate . Any policy inception date, continuity date, or retroactive date must be before the effective date of this
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Agreement and Consultant agrees to maintain continuous cov erage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subc ontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant s hall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on fil e with City at all times during the term of this Agreement . City reserves the right to require complete, certified copies of all required insurance policies, at an y time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also appl y o n a primary and non - contributory basis for the benefit of City before the City’s own insur ance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will wi thhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissione r to transact business of insurance or that is on the List of Approved Surplus Line Insurers in th e State of California, with an
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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby wai ves its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual o r a lleged failure on the part of the City to inform Consultant of non- compliance with any req uirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage fea tures or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarific ation only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City re quires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any a vailable insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thi rty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . N one of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
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(m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other part y involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of th is se ction. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Cons ultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a de ductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give Ci ty prompt and timely notice of claims made or suits instituted that arise out of or result fr om Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of i nsurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by l aw, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employee s and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arb itration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or enti ty arising out of or in connection with the negligent performance of the work, operations or activ ities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant ’s or indemnitors’ reckless or willful mis conduct, or arising from Consultant ’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City , its officers, agents or employees for a ny such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City , its officers, agents, a nd employees harmless therefrom;
(c) In the event the City , its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City , its officers, agents or employees, any and all costs and expenses incurred by the City , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements with its su bcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilitie s arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a r esult of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limite d to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontract ors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged t o City and services performed hereunder (the “ books and records ”), as shall be necessary to p erform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to ins pect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and r ecords may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
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6.2 Reports.
Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agr eement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pur suant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consulta nt is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant , it s employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and m aterials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consult ant, and Consultant ’s guarantee and warranties shall not extend to such use, re use or assignm ent. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any docum ents and materials that may qualify as “ works made for hire ” as defined in 17 U.S.C. § 101, s uch documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work prod uct produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant . Consultant shall not release or disclose any such information or work product t o persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless reques ted by the City Attorney, voluntarily provide documents, declarations, letters of support, te stimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
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(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agr eement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, compl aint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any par ty regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to pro vide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governe d both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the pers onal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in wh ich Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the p eriod of time that Consultant is in default, the City shall hold all invoices and shall, w hen the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant ’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
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dispute hereunder or which are nec essary to compensate City for any losses, costs, liabilities, or damages suffered by City , and (ii) all amounts for which City may be liable to third parties, by reason of Consultant ’s acts or omissions in performing or failing to perform Consultant ’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to dedu ct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default sha ll impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in t his Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the s ame default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of a ctual damages for any delay in performance of this Agreement would be extremely difficult or impra ctical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero ($0) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
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7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consul tant, except that where termination is due to the fault of the Consultant , the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City , the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as provided in Section 7.3. In t he event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the termi nating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of S ection 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevaili ng party in such action or proceeding, in addition to any other relief which may be granted, whethe r legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party e ntitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and s hall be enforceable whether or not such action is prosecuted to judgment.
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant , or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any w ay hinder Consultant’s performance of services unde r this Agreement. Consultant further covenants t hat in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subc ontractor without the express written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which affects her/his financial interest or the financial interest of any corporatio n, partnership or association in which (s)he is, di rectly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of rac e, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that em ployees are treated during employment without r egard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
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liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communic ation either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Proj ect Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant , to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments heret o i s the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that th is requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted t o carry out the intent
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of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of C ity participate in any decision relating to this Ag reement which may affect his/her financial inter est or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in vi olation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include inte rests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City offi cial, officer, or employee, any money, consideration, or other thing of value as a result or conse quence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or ot her conduct or collusion that would result in the p ayment of any money, consideration, or other thi ng of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being award ed any agreement. Consultant is aware of and unders tands that any such act(s), omission(s) or othe r conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of s aid party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Matthew C. Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Nicholas S. Liguori, AICP
Director of Development Services Department
CONSULTANT:
STANLEY R. HOFFMAN ASSOCIATES, INC.
By:
Name: Linda J. Hoffman
Title: President
By:
Name: Lauren Hoffman
Title: Assistant Secretary
Address: 11661 San Vicente Boulevard
Suite 306
Los Angeles, CA 90049-5111
Two corporate officer signatures required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the B oard, Presiden t or any Vice President ; a nd 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CON SULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY B E REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORAT ION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On ________________________, 2021 before me, __________________________________________, personally appeared _______________________________________________________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me t hat he/she/they executed the same in his/her/their author ized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the dat a below is not req uired by law, it may prove val uable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other o fficer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On ________________________, 2021 before me, __ ________________________________________, personally appeared _______________________________________________________________________________, proved to me on the bas is of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the with in instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the ins trument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify unde r PENALTY OF PERJURY under the laws of the State of California that the foregoing paragr aph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or o ther officer completing this certificate verifies only the identity of the individual who si gned the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1 (the entirety of which is on file with the Development Services Department).
II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
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Stanley R. Hoffman Associates, Inc. - 5 - City of Chino September 16, 2021 Euclid Regional Center Economic Assessment Attachment 1
SCOPE OF WORK
EUCLID REGIONAL COMMERCIAL ECONOMIC ASSESSMENT
CITY OF CHINO
The City of Chino seeks an economic assessment of the 86 acre Euclid Regional Commercial Center project area located within the Preserve Specific Plan in the southern portion of the City, along Euclid Ave. between Bickmore Ave. and Pine Ave. The Euclid site is currently zoned for regional commercial and includes multiple parcels and ownerships. The project area is currently predominantly vacant, including an Army Engineers open space that runs through its middle. Having prior experience working in this area, we are aware that the northern portion of the subject site includes parcels owned by Shea Properties, while a couple parcels at the corner of P ine Ave. and Quality Way are owned by the County of San Bernardino. Cur rent uses on the site include agricultural/meat processing, nursery operations and trucking operations. We are cognizant of the fact that warehousing and distribution is the primary demand driver land in the project area vicinity, a nd the purpose of this study will be to evaluate the feasibility of other uses. Our study will provide a market feasibility assessment for a various land use components with a core emphasis on retail, dining and entertainment, and other alternative uses including residential, healthcare, office and flex-tech industrial. These analytical land use components will be presented to stakeholders for discussion and strategic planning under five broad categories: Retail, Dining and Entertainment, Hotel, Technology and Innovation , Residential, and Healthcare and Wellness.
The analysis would be based on a projection of demand for these types of land uses, using the recently approved population, household and employment forecasts from the Southern California Association of Governments (SCAG), and socio-economic and industry data from the US Census, the Bureau of Labor Statistics (BLS) and the California Employment Development Department (EDD). Additionally, we will evaluate the impacts of the COVID-19 pandemic and the ongoing economic recovery for the Inland Empire, with inputs and consultations with SCAG, which is preparing the next round of regional forecasts for 2024.
The project team will be led by Stanley R. Hoffman Associates (SRHA). We will be joined in this effort by Greg Stoffel, Stoffel & Associates and Tim Lowe , Waronzof Associates. The capability of our firms represents strong economic development, retail market and real estate financial feasibility evaluation experience. We also have mapping capabilities for graphical presentations that will become part of the final report, and are useful for both presentations and preparing the executive summary. Our proposed scope of work organized by Sections 1, 2 and 3 of the RFP entails the following:
SECTION NO.1: KICKOFF MEETING
1.0 KICKOFF CONFERENCE CALL (Section No. 1)
We will commence this study with a kickoff conference call meeting with City Staff to determine the parameters of the study regarding objectives, methodology and data needs. We will introduce the project team and their respective roles in the study and establish EXHIBIT A-1 7.9.a
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Stanley R. Hoffman Associates, Inc. - 6 - City of Chino September 16, 2021 Euclid Regional Center Economic Assessment SECTION NO.2: PREFIELD RESEARCH REVIEW
2.1 SOCIO-ECONOMIC AND INDUSTRY DEMAND PROJECTIONS
The components of demand that drive the market are existing and future households , industry and employment, and visitors into the market area. This task involves gathering background economic and demographic data, including any market or economic studies prepared by or for the City of Chino. This analysis will be aggregated and mapped to make it useful for presentations and for the economic assessments by land use.
The demand analysis will build upon the SCAG RTP 2020 forecasts for Chino and the surrounding jurisdictions within the market area, and adjustments currently being undertaken to reflect the post- COVID economic recovery, which we will be coordinating with the SCAG forecast team. We will additionally take into account expected buildout data for residential units and population growth for the Preserve Specific Plan and the City of Chino and for the Market Area to the extent possible.
Household retail and healthcare demand projections will be developed from estimated retail, restaurant and entertainment household expenditure profiles based on the U.S. Bureau of Labor consumer expenditure data. These demand numbers will be based on household income and household size characteristics developed from the US Census Bureau. Additionally, as a significant emerging source of land use demand, we will also evaluate the demand for healthcare services by analyzing the a ge composition of the projected household growth, and the type of spending associated with specific demographic segments, especially senior households.
Employment projections will be developed for Chino and the Chino Market Area with two key purposes in mind. We will develop employment growth at the 2-digit and 3-digit North American Industr y Classification System (NAICS) levels to project land use demand for detailed sub-sectors that we envision for technology and innovation (office and flex-tech uses). Additionally, employment growth in the vicinity of the Euclid RC project area will constitute an additional source retail expenditures potentially captured within the subject site. These calculations will be based on market surveys of employee expenditure behavior at their place of work, and employment by industry category and average wages.
Visitors projections to Chino and their expected expenditure patterns based on both market surveys of estimated retail, restaurant and lodging expenditure behavior of visitors. We will analyze traffic flow patterns along the SR-71 and trips to destinations within Chino and vicinity, in order t o project the potential for highway related and destination-oriented spending capture.
Product: A report with demand projections for existing and future growth for households, employment and visitors into Chino and Chino Market Area.
2.2 RETAIL MARKET ASSESSMENT
Retail Market Analysis Overview. Building upon extensive experience in evaluating the potential for retail centers in various stages of their lifecycle, this study will identify and quantify the types of retail and ancillary tenants that will establish the competitive position of the Euclid RC project area and will result in increased taxable sales and sales tax performance to the City. We would obtain the latest retail and non-retail taxable sales data and trends for evaluation of Chino compared with its neighboring communities.
The retail market effort would include: 1) Quantification of the sales potential for key categories for the
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Stanley R. Hoffman Associates, Inc. - 7 - City of Chino September 16, 2021 Euclid Regional Center Economic Assessment Project Area as to how much space the community and surrounding market area can support; this would be in addition to that planned for other known competitive projects within Chino and the Market Area; 2) Identification of retail-oriented uses that would provide the best compliment to existing and other planned uses in the area; and 3) Identification of the optimum retail, dining and entertainment mix in terms of square footage, types of tenants, timing of absorption, and sales per square foot performance measures. In addition to providing an inventory of existing and planned competitive centers in the market area, we will also characterize noteworthy, examples that have features that may be applicable to the subject site.
Key Retail Questions
This effort will serve to address the following questions and issues:
• What is the sales potential for key categories within the subject property? Specifically, can the community and surrounding market area support additional quality retailers? • What are current local, sub-regional and regional retail, dining, and entertainment patronage patterns? Where do market area customers in the region currently shop for various retail goods and services? How does this influence local and regional patronage potential for the site?
• What characteristics do competitive centers and districts have that attract area shoppers? • To what extent will the project’s location, site attributes, market area demographics, and population growth justify additional (or less) supportable retail? How does access to the site along Pine Avenue and Euclid Avenue affect the desirability of the site to retail-oriented tenants?
• How will the planned Pine Avenue extension to the 71 Freeway impact the desirability of the site?
• How will local area residential growth influence the amount of supportable retail? How much residential growth would be needed in the local area to make the site more desirable? • Given dynamic changes in retail patronage patterns over the past few years, would a properly positioned project be able to attract quality retail, dining, and/or entertainment tenants? If so, who are these tenants and are they compelling enough to justify retail development? • Given the analysis of overall retail demand and opportunities for the site, is there enough retail demand and sufficient opportunities to develop the site with retail? If so, what is the optimum retail mix? (Square footage, types of tenants, timing of absorption, etc.)? What alternative types of retail/dining uses would the site support, if any? Product: A report evaluating the retail potential by types of tenants, square footage, projected absorption and retail sales potential, with recommendations for various amenities and design features that are characteristic of similar successful centers.
2.3 HOTEL MARKET ASSESSMENT
Given its freeway accessibility and visibility, lodging facilities could be a compatible land use consistent with the evolution of a strong sub-regional center for Euclid RC project area. This task would inventory the hotel and lodging facilities within the market area, including those being developed in Chino and its neighboring communities. The inventory would include the location, type of facility, average room rates and estimated vacancy rates, as well as historic hotel/motel room absorption trends. A range of likely
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Stanley R. Hoffman Associates, Inc. - 8 - City of Chino September 16, 2021 Euclid Regional Center Economic Assessment lodging room -night projections to better understand the potential demand and capture of lodging facilities within the Euclid RC area will be prepared. We will also evaluate the potential for conference centers and inventory similar conference facilities within the competitive market area. We will draw upon available sources of lodging information, such as the Smith Travel Accommodations Report (STAR), as well as our own field survey work.
Product: A report presenting inventory lodging room and occupancy trends and conditions within the market area; as well as a range of likely room-night demand projections. Findings regarding the type and size of hotel facility that would be compatible with the Euclid RC development potential will be provided.
2.4 TECHNOLOGY AND INNOVATION MARKET ASSESSMENT
As part of the alternative uses being evaluated for this study, we will examine the demand potential for office and flex-tech under the broader umbrella of Technology and Innovation uses. This will entail building upon industry data at the 2-digit and 3-digit NAICS levels to project land use demand for detailed sub-sectors, as noted previously.
Using EDD and U.S. Census’s LEHD (Longitudinal Employer-Households Dynamics) employment data base, and CoStar’s office absorption and vacancy data, we can provide the context for the technology and innovation sector in the market area and how this can guide office development policy within the Euclid RC area. The development of residential, retail and entertainment and lodging facilities will all be part of a long-term strategy to attract major office tenants that desire an attractive pedestrian oriented environment with supporting businesses, services and recreational opportunities. The Euclid RC project area could become a well located sub-regional center in the market area with access to the Inland Empire and Orange County.
Product: An evaluation that will assess the potential in Chino, within the context of regional office trends, for the Euclid RC to become a sub-regional technology center in the Inland Empire.
2.5 MULTIFAMILY USES
We will also evaluate the potential for residential uses, specifically various configurations of multifamily housing, including market rate, affordable and senior living development potential for the Euclid RC project area. This w ould be a natural extension of the residential uses to the east of the site in the Preserve Specific Plan, and especially, the multifamily developments along Pine Ave going east. We will evaluate these multifamily market segments and their growth potential based on the growth projections, presented earlier. Market data from a variety of sources, including CoStar, will be evaluated for the asset performance, cost of delivery and the supported market rents.
Product: An evaluation that will assess the potential in Chino, within the context of multifamily market demand and potential.
2.6 HEALTHCARE AND WELLNESS USES
The size of the project area makes it attractive for medical campus or wellness center facilities. We will evaluate these uses in the context of demographic growth characteristics in comparison to the current location of facilities within the market area. In addition to different types of medical uses, the project area could also attract ancillary support uses such medical offices, laboratories and testing facilities. The
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Stanley R. Hoffman Associates, Inc. - 9 - City of Chino September 16, 2021 Euclid Regional Center Economic Assessment wellness market, which is associated with lifestyle choices, could offer an alternative source demand especially if integrated with open space assets of the project area. These uses could include local and destination oriented fitness and recreation centers, spas, and retreats and meditation centers.
Product: An evaluation that will assess the potential in Chino, within the context of medical facilities, medical offices, labs and local use recreation and destination wellness markets.
2.7 COMPLEX MIXED USE EVALUATION
We will also evaluate the market indicators for complex mixed use projects, which take on unique attributes when different unique land uses (for e.g. retail, housing, office etc.) are brought together by a developer to make projects financial feasible.
Product: An evaluation that will establish performance benchmarks for mixed projects in the Chino market area.
2.8 INDUSTRIAL USE BENCHMARKS
While we are aware that industrial (warehousing and distribution) is not the focus of this study, we will also collect the current market information on supply-demand and pr icing for these uses to establish benchmarks to compare against all of the uses being studied. This provides a meaningly framework to develop comparative financial screening as discussed in Section 2.9 below.
Product: An evaluation that will establish performance benchmarks for industrial (warehousing and distribution use) that provides a comparative frame for all other alternative uses being studied.
2.9 FINANCIAL FEASIBILITY SCREEN ING MATRIX
Having completed the tasks of Section 2, including field work, review of data sets and the area review, the purpose of this task is to gather together the information assembled by market and sub-market area, and by land use type, to perform an initial financing screening to divide candidate land use options into one of three categories: “pass”, “pass with incentive or subsidy” and “fail”. Those land uses which “fail” mean that these land uses cannot be expected to be financially feasible, even after consideration of additional incentives or subsidy to permit feasibility. Those uses that “pass” or “pass with incentive or subsidy” are then potentially suitable for further in -depth examination t hrough completion of the 11 tasks in Section 3.
The initial screening of Task 2”B” will include a comparison of likely construction cost with value upon stabilization, an evaluation of the range of rates of return that may be produced by the land use, as well as other financial variables revealed in the earlier parts of Section 2. This initial screening is intentionally limited and is not intended to be of great depth or to supplant Section 3 activities; it is intended to all some of the land uses evaluated (to that point) to be discarded from further study.
We acknowledge that the level of investigation and analysis completed in Section 2 may be sufficient for the City, both staff and elected officials, to resolve the questions about the financial feasib ility of a variety of land uses and permit policy decisions to be made. In that event, the feasibility study may be concluded and the tasks envisioned under Section 3 omitted. This decision to terminate the study after completion of Section 2 tasks would be made by the City, based upon the input of Planning Department staff and elected officials.
Product: An evaluation that will assess the potential in Chino, within the context of medical facilities, medical offices, labs and local use recreation and destination wellness markets.
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Stanley R. Hoffman Associates, Inc. - 10 - City of Chino September 16, 2021 Euclid Regional Center Economic Assessment SECTION NO.3: SITE ECONOMIC FEASIBILITY ANALYSIS (RFP SECTION NO.3)
3.1 DETAILED SITE LEVEL FEASI BILITY ANALYSIS
Following from the analysis prepared and presented to City Staff for Section No.2, and pursuant to the scoping of the exact land uses and configurations to be analyzed, we will next launch into Section No.3.
For the land uses which appear feasible (i.e “pass”) or which appear feasible with an appropriate incentive or subsidy (“pass with subsidy”), the Section 3 tasks will be completed as outlined in the scope of work. The scope of work included with the Request for Proposals does not make reference to completing an estimate of the cost of construction envisioned for a candidate land use, but a cost new estimate is an essential part of a financial feasibility analysis, and would be incorporated into tasks 7 and
11.g.
The Section 3 tasks, for each land use, represent a thorough investigation into the financial feasibility of development for any specific land use. As applied to the 86 acre development site, the study will make market-based assumptions about the mix of development on the 85 acre site. For example, were a senior housing project to be found feasible, the market-based assumption might be that “there could be a maximum of three senior housing projects on the entire site, each occupying two to four acres”. In this manner, our Section 3 detailed financial feasibility analysis will not only test and establish the feasibility of specific land uses and/or development types, but relate the amount of those uses to the 8 6 acre property under study.
4. DOCUMENTATION OF FINDINGS / CONCLUSIONS
4.1. Report Documentation for Task 2 (Section No. 2)
A report containing the results of all activities under Section 2 Pre-field Research Review will be provided.
We will identify key implementation issues that should be considered for the Euclid RC project area, including a discussion of the strong, medium and weak land use components and how they interact with the development of the neighboring Preserve Specific Plan. We will also include inputs on the level of subsidy, if needed, to support candidate uses as part of Feasibility Screening, These results will presented in a useful matrix format for comparative decision making. This will provide a framework for identifying an effective strategy for the project area, and form the basis of selecting specific land uses and configurations to be analyzed in Section 3.
4.2. Documentation for Task 3 (Section No. 3)
We will prepare a detailed report incorporating all land uses selected and analyzed under Section 3, as decided and approved in consultation with City Staff. This detailed report will cover all elements identified in the RFP, including items 1 through 10, and structured as per item 11 (a through g).
MAJOR MEETINGS AND COMMUNITY WORKSHOP
Three (3) major meetings and one (1) community workshop are proposed. Any additional meetings will be attended on a time and materials basis, as authorized. All meetings will be attended by principal level staff. The proposed meetings include:
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Stanley R. Hoffman Associates, Inc. - 11 - City of Chino September 16, 2021 Euclid Regional Center Economic Assessment • Preliminary Findings and Conclusions (Section 2)– Present our preliminary findings and conclusions at an interim milestone basis, seeking comments and suggested edits • Scoping of Alternatives for Section 3 Site Analysis: As indicated earlier, at the conclusion of activities under RFP Section No. 2 (Pre-field Research Review), we will need to hold a detailed discussion with City Staff on the exact type and configuration of uses to be analyzed under Section 3 Site Analysis. The purpose of this meeting would be to determine if, in fact, the City has adequate information already to support decision making. • Final Economic Evaluation Presentation– Meeting with key stakeholders for a presentation of final conclusions and recommendations for the Euclid RC study area. • Community Workshop – This workshop is designed to occur before the meeting no.2 above for the scoping of the land uses to be analyzed in detail taking into account stakeholder inputs.
PROJECT ROLES
Name Organization and Title Project Responsibility
Bravish Mallavarapu, PhD Stanley R. Hoffman
Associates (Project Lead) ,
Director and Principal
Economist
• Overall Project Lead
• Project Management
• Socioeconomic Demand
Projections
• Office, Industrial,
Residential, and Healthcare
Lead
• Public Finance Lead
• Documentation and
Presentations
Greg Stoffel Greg Stoffel Associates
(Subcontractor), Principal
• Retail Evaluation Lead
• Community Engagement
Lead
Tim Lowe Waronzof Associates
(Subcontractor), Principal
• Real Estate Financial
Feasibi lity Lead
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Stanley R. Hoffman Associates, Inc. - 12 - City of Chino September 16, 2021 Euclid Regional Center Economic Assessment
PROJECT SCHEDULE
PROJECT REFERENCES
Benjamin Martinez
Director of Community Development, City of Baldwin Park (Current) Phone: 626-960-4011, Ext: 477
Email: [email protected]
PROJECT: Gateway Specific Plan, City of El Monte
(Reference for Project Team: Stanley R. Hoffman Associates, Inc. and Greg Stoffel Associates) Philippe Eskandar
Deputy City Manager, City of Westlake Village
Phone: (818) 706-1613
Email: [email protected]
PROJECT: North Business Park Specific Plan, Westlake Village (Reference for Project Team: Stanley R. Hoffman Associates, Inc. and Waronzof Associates – Tim Lowe) Marc Weiner
Community Development Director, City of Laguna Beach
Phone: (949) 497-0361
Email: [email protected]
PROJECT: Downtown Laguna Beach Specific Plan, Retail Evaluation Study (Reference for Project Team: Stanley R. Hoffman Associates, Inc. and Greg Stoffel Associates)
OCT NOV DEC JAN FEB
01 22 01 15 01 15 01 15 01 15
TASKS
1. PROJECT KICKOFF
Kickoff Conference Call and Prep
♦
2. PRESITE RESEARCH AND REVIEW
2.1. Socio Economic and Industry Demand
2.2. Retail Market Assessment
2.3. Hotel Market Assessment
2.4. Technology and Innovation Assessment
2.5. Multifamily Uses
2.6. Healthcare and Wellness
2.7. Complex Mixed Use
2.8. Industrial Use Benchmarks
2.9. Financial Feasibility Screening
5. COMMUNITY WORKSHOP AND PRESENTATIONS
5.1. Community Workshop
♦
5.2. Final Presentation
♦
3. SITE ECONOMIC FEASIBILITY ANALYSIS
3.1. Feasibility Evaluation (Detailed Program)
DOCUMENTATION AND FINDINGS
4.1. Report Documentation for Task 2
4.2. Report Documentation for Task 3
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Stanley R. Hoffman Associates, Inc. - 13 - City of Chino September 16, 2021 Euclid Regional Center Economic Assessment ADDED VALUE OPTIONAL SERVICES: Community Planning and Urban Design The services listed here are intended to further support the eventual outcomes to be outlined in the Economic Feasibility Analysis and Implementation Plan for the Euclid Regional Commercial Center. It is envisioned that these services would synthesize the economic and market data into land use and urban design scenarios that start to visually communicate potential development strategies that the community could consider. As such, these scenarios become tools to advance the discussions on future development as they relate to supporting the community’s values and vision.
The ultimate goal of these services is to develop visual tools to help City staff communicate the objectives of the Plan Area to stakeholders and the community at large. By using conceptual land use and urban design scenarios, economic and market potential can be visualized to foster the appropriate development within the Plan Area. Some of the services would include the following. • Review The Preserve Specific Plan to understand the original development standards and design guidelines envisioned for the area.
• Analyze the current existing conditions of the target area and adjacencies to identify opportunities and constraints.
• Work with the Planning Division to obtain information regarding current programs and efforts, as well as any planned, current, or pending (public or private) development projects in the areas surrounding the opportunity site.
• Engage with the adjacent neighborhoods and stakeholders to identify community aspirations as they relate to needs and amenities.
• Work with the team and City to select target sites to be tested conceptually and determine level of design development and views/ perspective to best capture the intended development outcome.
• Translate the results of the market/economic study into one or more land use and urban scenarios to visualize land uses of the Plan Area and potential built outcomes, including circulation, access and connections, as well as community amenities. • Prioritize phasing of the site and develop a 3D model for one or more areas of the opportunity site and development visual narrative/presentation that supports proposed regulatory framework and economic development goals.
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01225.0001/458446.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
No special requirements.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. Within the budgeted amounts for each Task, and with the approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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ATTACHMENT 1
DETAILED PROJECT BUDGET
NOT TO EXCEED BUDGET INCLUDING EXPENSES AND CONTINGENCIES (In Attachment 1 above)
1. Total Budget = $49,700
a. Addresses Section 1 (Project Kickoff), Section 2 (Preliminary Research and Review) including Feasibility Screening of Alternative Uses, Implementation Steps : Community Workshop, Documentation of Section 2 and Presentation Meetings to Council and Staff.
2. PHASE II - Detailed Project-level Feasibility Analysis, involving site and project level details and descriptions, will be pursued as next step only upon further direction and need established by City Council, and not included as part of this budget.
SRHA Director
TASKS Hours $200 Hours $100 Hours $200 Hours $200 Hours $100 Total
1. PROJECT KICKOFF
Kickoff Conference Call and Prep 2 $400 0 $0 2 $400 2 $400 0 $0 $1,200
2. PRESITE RESEARCH AND REVIEW
2.1. Socio Economic and Industry Demand 18 $3,600 10 $1,000 1 $200 0 $0 4 $400 $5,200
2.2. Retail Market Assessment 0 $0 0 $0 1 $200 58 $11,600 4 $400 $12,200
2.3. Hotel Market Assessment 6 $1,200 8 $800 1 $200 2 $400 0 $0 $2,600
2.4. Technology and Innovation Assessment 6 $1,200 8 $800 1 $200 0 $0 0 $0 $2,200
2.5. Multifamily Uses 6 $1,200 8 $800 1 $200 0 $0 0 $0 $2,200
2.6. Healthcare and Wellness 6 $1,200 8 $800 1 $200 3 $600 0 $0 $2,800
2.7. Complex Mixed Use 6 $1,200 8 $800 1 $200 0 $0 0 $0 $2,200
2.8. Industrial Use Benchmarks 4 $800 4 $400 1 $200 0 $0 0 $0 $1,400
2.9. Financial Feasibility Screening 4 $800 0 $0 10 $2,000 0 $0 0 $0 $2,800 SUBTOTAL 56 $11,200 54 $5,400 18 $3,600 63 $12,600 8 $800 $33,600
4. DOCUMENTATION AND FINDINGS
4.1. Report Documentation for Task 2 10 $2,000 10 $1,000 0 $0 5 $1,000 0 $0 $4,000
5. OTHER MEETINGS AND WORKSHOP
5.1. Three (3) Meetings 6 $1,200 0 $0 6 $1,200 6 $1,200 0 $0 $3,600
5.2. Community Workshop (Incl Prep) 8 $1,600 0 $0 8 $1,600 10 $2,000 0 $0 $5,200 SUBTOTAL 14 $2,800 0 $0 14 $2,800 16 $3,200 0 $0 $8,800 LABOR TOTAL (TASKS 1, 2, 4 AND 5) 82 $16,400 64 $6,400 34 $6,800 86 $17,200 8 $800 $47,600 EXPENSES 1
$1,600
CONTINGECIES $500
TOTAL (TASKS 1, 2, 4 AND 5) $49,700
1. Expenses included for data purchase, printing and documentation, travel and presentation materials billed at actual cost.
SRHA Support Staff Tim Lowe Greg Stoffel Stoffel Support EXHIBIT C-1
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
Schedule of Performance shall be directed by the City Planner.
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Revenue: Expenditure: 1007010-43570
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 4, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: CONTRACT AMENDMENT NO. 1 - ON-CALL TRAFFIC PLAN CHECK AND OTHER RELATED SERVICES.
RECOMMENDATION
1) Approve an amendment in the amount of $50,000 to PMK, Inc., Laguna Woods, CA for traffic plan check and other related services for a total contract not to exceed $90,000 and author ize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There are sufficient funds in the Fiscal Year 2021-22 Development Services Engineering Budget.
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COUNCIL MEETING DATE: JANUARY 4, 2022
SUBJECT: CONTRACT AMENDMENT NO. 1 - ON-CALL TRAFFIC PLAN CHECK AND
OTHER RELATED SERVICES
PAGE 2
BACKGROUND
On June 15, 2021, the City Council approved a contract in the amount of $40,000 for traffic plan check services with PMK Associates, Inc. (PMK) effective July 1, 2021. PMK assists staff by managing the workload resulting from the ongoing development activity in the City. The agreement’s initial term is for on e-year with the option to extend two (2) additional 12 -month periods.
ISSUES/ANALYSIS
The Development Services Department collects fees from developers for plan check services to efficiently deliver development projects. The City continues to experience a significant rise in development and construction activity, which increases requests to the City for this service, including an increase in utility company permitting with accompanying traffic control plans required for review. Staff is estimating that an additional $50,000 is required to complete the anticipated work through June 30, 2022. Therefore, it is staff’s recommendation to the City Council to amend the existing agreement for an additional $50,000 for a total contract not to exceed $90,000 to complete the work through year end.
Attachments: Contract Amendment No. 1
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Contract No.: 2022-015 A1
Approved:
AMENDMENT NO. 1
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and PMK, Inc. (“Consultant”) is effective as of the 4th day of January 2022.
RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated June 15, 2021 (“Agreement”) whereby Consultant agreed to provide on- call traffic plan check and other related services.
B. City and Consultant now desire to amend the Agreement to increase the compensation.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. a. The total compensation for Consultant’s services provided for in Section 2.1 of the Agreement is hereby increased by Fifty Thousand Dollars ($ 50,000) due to an increased need for services. Total contract amount shall not exceed Ninety Thousand Dollars ($90,000) effective January 4, 2022.
2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respect ive rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid , and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no
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events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Matthew C. Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Nicholas S. Liguori, AICP Director of Development Services Department
CONSULTANT:
PMK, INC.
By:
Name: Peter Kim
Title: President
By:
Name:
Title:
Address: 447 Avenida Sevilla, Unit B
Laguna Woods, CA 92637
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, Presiden t or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 4, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: THE PRESERVE DEVELOPMENT A GREEMENT – PARTIAL ASSIGNMENT AND ASSUMPTION.
RECOMMENDATION
Approve an Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, a municipal corporation; Chino Development Corporation, a California corporation; a nd Tri Pointe Homes Holdings, Inc. a Delaware corporation; and authorize the City Manager to execute all documents on behalf of the City.
FISCAL IMPACT
There is no direct fiscal impact to the City of Chino.
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COUNCIL MEETING DATE: JANUARY 4, 2022
SUBJECT: THE PRESERVE DEVELOPMENT AGREEMENT – PARTIAL ASSIGNMENT AND
ASSUMPTION
PAGE 2
BACKGROUND
In 2004, the City entered into The Preserve Development Agreement (DA) with Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC (Lewis Companies).
The Preserve is a master -planned residential and commercial community. The DA includes the terms and conditions for the development on property owned by the Lewis Companies and established the rights and obligations through the build-out of The Preserve Specific Plan Area.
ISSUES/ANALYSIS
Per the terms of the DA, the Lewis Companies have the right to sell, transfer or assign property in whole or in part pending the transfer does not violate the provisions of the Subdivision Map Act - Government Code Section 66410 or Title 19 of the Chino Municipal Code.
Lewis Companies approached the City to reques t the approval of a Partial Assignment and Assumption Agreement with the purchaser, Tri Pointe Homes Holdings, Inc., for the acquisition of certain property as depicted in Exhibit A. Because this property is covered by the existing DA, it is necessary for the City Council to provide its consent to the Partial Assignment and Assumption Agreement (“Assignment”) as outlined in Exhibit B.
Lewis Companies is selling said property in accordance with the terms and conditions set forth in the Sale Agreement between Tri Pointe Homes Holdings, Inc. and Chino Preserve Development Corporation and its affiliates (CPDC). The proposed Assignment requires the City to release CPDC from obligations under the Preserve Development Agreement as to the property covered by the Ass ignment. Staff is not aware of any outstanding issues that would prevent that release. Therefore, it is staff’s recommendation that the City Council approve the Assignment of the Preserve Development Agreement between the City of Chino, CPDC, and Tri Pointe Homes Holdings, Inc., a Delaware corporation.
Attachment:
Exhibit A - Location Map
Exhibit B - Partial Assignment of the Preserve Development Agreement
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 4, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: THE PRESERVE DEVELOPMENT A GREEMENT – PARTIAL ASSIGNMENT AND ASSUMPTION.
RECOMMENDATION
Approve an Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, a municipal corporation; Chino Development Corporation, a California corporation; a nd Lennar Homes of California, Inc., a California corporation; and authorize the City Manager to execute all documents on behalf of the City.
FISCAL IMPACT
There is no direct fiscal impact to the City of Chino.
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COUNCIL MEETING DATE: JANUARY 4, 2022
SUBJECT: THE PRESERVE DEVELOPMENT AGREEMENT – PARTIAL ASSIGNMENT AND
ASSUMPTION
PAGE 2
BACKGROUND
In 2004, the City entered into The Preserve Development Agreement (DA) with Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC (Lewis Companies).
The Preserve is a master -planned residential and commercial community. The DA includes the terms and conditions for the development on property owned by the Lewis Companies and established the rights and obligations through the build-out of The Preserve Specific Plan Area.
ISSUES/ANALYSIS
Per the terms of the DA, the Lewis Companies have the right to sell, transfer, or assign property in whole or in part pending the transfer does not violate the provisions of the Subdivision Map Act - Government Code Section 66410 or Title 19 of the Chino Municipal Code.
Lewis Companies approached the City to r equest the approval of a Partial Assignment and Assumption Agreement with the purchaser, Lennar Homes of California, Inc. for the acquisition of certain property as depicted in Exhibit A. Because this property is covered by the existing DA, it is necessary for the City Council to provide its consent to the Partial Assignment and Assumption Agreement (Assignment) as described in Exhibit B.
Lewis Companies is selling said property in accordance with the terms and conditions set forth in the Sale Agreement bet ween Lennar Homes of California, Inc. and Chino Preserve Development Corporation and its affiliates (CPDC). The proposed Assignment requires the City to release CPDC from obligations under the Preserve Development Agreement as to the property covered by th e Assignment. Staff is not aware of any outstanding issues that would prevent that release. Therefore, it is staff’s recommendation that the City Council approve the Assignment of the Preserve Development Agreement between the City of Chino, CPDC, and Lennar Homes of California, Inc., a California corporation.
Attachment:
Exhibit A - Location Map
Exhibit B - Partial Assignment of the Preserve Development Agreement
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Exhibit A - Location Map
Lots 3, 4 and Lettered Lot D of Tract Map No. 20223
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Revenue: Expenditure: 3207170-40000-MS181
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: JANUARY 4, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: LOCAL STREET OVERLAY PROJECT (MS181) FOR 16TH, 17TH, 18T H STREET AND SERENE AVENUE.
RECOMMENDATION
1) Approve the plans and specifications for the construction of Local Street Overlay Program - MS181 for FY21 -22; 2) authorize staff to advertise a notice to bidders for the construction of Local Street Overlay Project - MS181; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in the FY21-22 Operating Budget.
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COUNCIL MEETING DATE: JANUARY 4, 2022
SUBJECT: LOCAL STREET OVERLAY PROJECT (MS181) FOR 16TH, 17TH, 18TH STREET
AND SERENE AVENUE
PAGE 2
BACKGROUND
The Non -Capital Improvement Program Budget for FY21 -22 includes an annual Local Street Overlay Program. Each year, the Public Works Services Division and Management staff review local streets throughout the city to determine annual grind and overlay project locations.
Consideration is given to the neighborhoo d location, condition of the pavement, prior street improvement projects, cost, etc.
Based on the above criteria, the neighborhood that was chosen for this year’s project is 16 th Street, 17th Street, 18th Street, and Serene Avenue. This project is generally in the area north of Riverside Drive, east of Benson Avenue, west of Oaks Avenue. See attached Vicinity Map (Exhibit A) for specifics. Staff contracted with NV5 Engineering to design the accessibility improvements. Access ramps are included on the project plans.
Staff is prepared to advertise bids for the construction of the Local Street Overlay Project MS181 and issue a notice to bidders, along with the completed plans and specifications, per the 2010 California Public Contract Code Article 3 Section 10740-10743.
The FY21 -22 Non -Capital Improvement Program Budget has a balance of approximately $1,105,941. The construction cost estimate (minus any contingencies) including the required accessibility improvements totals $1,342,750. Additional funds will be appropriated at the time of awarding the construction contract if costs exceed the available budget. The Expenditure Plan is shown in the Table below:
Expenditure Plan
Task Local Funds
Plans, Specifications, and Estimates $160,000
Project Management/Inspection $78,213
Estimated Construction Cost $1,342,750
Contingencies $134,275
Total $1,715,238
ISSUES/ANALYSIS
Staff is requesting approval of plans and specifications for the con struction of Local Street Overlay Project - MS181. Infrastructure/Streets Committee members, Mayor Pro Tem Lucio and Council Member Comstock, have reviewed the scope of the project and recommends the project go out to bid. Plans and specifications will be made available at the Public Works Engineering counter for review. Electronic copies will also be made available upon request.
Attachments: Exhibit A - MS181 Vicinity Map
MS181 - Plans
MS181 - Specifications
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PROJECT REVIEW COMPLETION
PROJECT
NAME:
City of Chino Local Street Overlay Project
16th, 17th, & 18thStreets from Tronkeel to Serene
Avenue and Serene Avenue from Benson Avenue to
E/O 18th Street
PLANS
DATED:
July 13, 2021
RESPONSIBLE
DESIGNER: Davide Niknafs, PE PHONE: 949.585.0477
COMPANY: NV5
ADDRESS: 163 Technology Drive, Suite 100 Irvine, CA 92618 PROJECT # MS-181 Sheets 1-7
STATEMENT OF GENERAL CONFORMANCE
The plans and documents have been reviewed for compliance with the applicable code requirements of the jurisdiction. The review and stamping of these plans and documents shall not be held to permit or be an approval of any violation of applicable codes or standards nor relieve the owners, design professional of record or contractor of compliance with applicable codes and standards. Plan review of documents does not authorize construction to proceed in violation of any federal, state, nor local regulation. _____________________________________________July 12, 2021 Sandra L. Miles, CASp #346
Expiration Date: April 22, 2023
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PROJECT REVIEW COMPLETION
PROJECT
NAME:
City of Chino Local Street Overlay Project 16th, 17th & 18th Streets from Tronkeel Avenue to Serene Avenue
PLANS
DATED:
Plotted 7/12/2021
RESPONSIBLE
DESIGNER:
Medhi Keshmiri, PE PHONE: 949.860.4800
COMPANY: Owen Group
ADDRESS: 220 Technology Drive, Suite 100 Irvine, CA 92618 PROJECT # MS-181 Sheets 1-15
STATEMENT OF GENERAL CONFORMANCE
The plans and documents have been reviewed for compliance with the applicable code requirements of the jurisdiction. The review and stamping of these plans and documents shall not be held to permit or be an approval of any violation of applicable codes or standards nor relieve the owners, design professional of record or contractor of compliance with applicable codes and standards. Plan review of documents does not authorize construction to proceed in violation of any federal, state, nor local regulation.
_____________________________________________July 13, 2021 Sandra L. Miles, CASp #346
Expiration Date: April 22, 2023
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Project Number: MS 181
Street Grind and Overlay – PCC Drive Approaches,
ADA Compliant Ramps, Curb, Gutter, and Sidewalk
16th Street, 17th Street, & 18th Street
between
Tronkeel Avenue and Serene Avenue
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CITY OF CHINO
CALIFORNIA
CONSTRUCTION OF
Project No. MS - 181
FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between
Tronkeel Avenue and Serene Avenue
and
Serene Avenue from Benson Avenue to E/O 18th Street
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Project No.: MS – 181 FY 19/20 Local Overlay Project A-1
TABLE OF CONTENTS
BID DOCUMENTS PAGE
Notice Inviting Bids ....................................................................................................................... A-2 Instruction to Bidders ................................................................................................................... B-1 Bid Proposal Documents and Certification ................................................................................... C-1 Bid Schedule ............................................................................................................................... C-2 Addenda Acknowledgement ........................................................................................................ C-7 List of Subcontractors .................................................................................................................. C-8 Bid Bond ...................................................................................................................................... C-9 Non-Collusion Declaration ........................................................................................................ C-10 Certification of Non-Discrimination by Contractors ..................................................................... C-11 Worker’s Compensation Insurance Certificate ........................................................................... C-12 Certificate of Site Examination ................................................................................................... C-13 Information to Comply with Labor Code 2810 ............................................................................ C-14 Iran Contracting Act of 2010 Compliance Affidavit ..................................................................... C-15 Statement of Bidder: Qualification and Experience Statement.................................................. C-16 Compliance with Applicable Laws, Rules, Regulations and Ordinances ................................... C-17
AGREEMENT AND CONTRACT DOCUMENTS
List of Documents Required Prior to Award of Contract ............................................................. C-18 Agreement ................................................................................................................................. C-19 Faithful Performance Bond ........................................................................................................ C-22 Labor and Materials Bond .......................................................................................................... C-24 Warranty Bond ........................................................................................................................... C-26 Notice of Award .......................................................................................................................... C-28 Notice to Proceed with Construction .......................................................................................... C-29
SPECIAL PROVISIONS
APPENDIX
City of Chino Truck Routes
Business License
Permit Applications
Insurance Documents
General Liability Special Endorsement
Contractor’s Affidavit of Release of Liens
Sub-contractor’s Affidavit and Final Waiver of Lien and Final Release W-9
Miscellaneous Forms
City of Chino Standard Drawings – See City website
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Project No.: MS – 181 FY 19/20 Local Overlay Project A-2
NOTICE INVITING BIDS
THE CITY OF CHINO
STATE OF CALIFORNIA
The City of Chino invites qualified contractors to submit sealed proposals (Bids) to perform the work required for:
FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
RECEIPT OF BIDS : Bids will received electronically (online only) via the City of Chino’s PlanetBids portal at http://www.planetbids.com/portal/portal.cfm?CompanyID=26384 until 10:00 a.m., February 2, 2022. Reference IFB# 20227001. Immediately following the close of the bidding period, all bids received for this project will be publicly opened via the City of Chino’s PlanetBids portal. Late bids will be rejected.
All bid documents must be submitted via the City of Chino’s PlanetBids portal at http://www.planetbids.com/portal/portal.cfm?CompanyID=26384 by the bid due date and time stated above.
The City reserves the right to reject any or all Bids, to waive any irregularity, and award contracts in the best interest of the City.
MANDATORY PRE-BID MEETING: No mandatory Pre-Bid Meeting will be held.
DESCRIPTION OF WORK: Work may include but not be limited to the following: f urnish all labor, materials and equipment to grind and overlay as identified in the Project Plans. R emove and dispose of existing AC and PCC improvements as required by the Project Plans. Provide new accessible compliant PCC curb ramps, sidewalks, curb and gutter, miscellaneous adjustments to grade of landscape areas, relocation or replacement of property owner landscaping, irrigation systems as noted on the Project Plans. Coordination with Utility Owner’s regarding adjustment to grade of their existing improvements.
WORK SCHEDULE: The Project or Work is anticipated to begin in October of 2021. The Project or Work must be completed within 120 working days after the commencement date stated in the Notice to Proceed. There will be a Notice to Proceed – Procurement issued for this project due to long lead items required to complete this project.
OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Contact Documents may be obtained via City of Chino PlanetBids portal at:
https://www.planetbids.com/portal/portal.cfm?CompanyID=26384 Refer to invitation to Bid Number IFB #20227001.
CONTRACTOR'S LICENSE: The Contractor shall possess a valid California Class A contractor’s license from the time the bids are due and throughout the entire term of the contract. City will not award this Contract to a Bidder who fails to possess the required license and certifications.
PREVAILING WAGE REQUIREMENTS : This is a public work s project in the state of California. Therefor e, prevailing wage rates will be enforced.
Pursuant to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California (including sections 1771 and 1773.2), the City has obtained from the Department of Industrial R elations of the State of California the general prevailing rate of per diem wages, and the general prevailing rate of holiday and overtime work in the locality in which the public work is to be performed for each craft, classification or type of workers needed to perform the Work, and they are on file in the office of the City Clerk, 2 nd Floor, City Hall, 13220 Central Avenue, Chino, CA
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Project No.: MS – 181 FY 19/20 Local Overlay Project B-1
INSTRUCTION TO BIDDERS
Please read these instructions carefully. If you do not submit a complete Bid, the City may determine that your Bid is non-responsive, in which case the City will reject your Bid.
SUBMISSION OF BID
RECEIPT OF BIDS: Bids will be received electronically (online only) via the City of Chino’s PlanetBids portal at http://www.planetbids.com/portal/portal.cfm?CompanyID=26384 until 10:00 a.m., February 2, 2022. Immediately following the close of the bidding period, all bids received for this project will be publicly opened via the City of Chino’s PlanetBids portal. Late bids will be rejected.
All bid documents must be submitted via the City of Chino’s PlanetBids portal at http://www.planetbids.com/portal/portal.cfm?CompanyID=26384 by the bid due date and time stated above.
Any bid form submitted other than specified in this bid solicitation will be rejected. Bidders must be registered on the City’s PlanetBids portal to access and download the bid documents, and plans and specifications. All documents to be completed and submitted are contained in Section C – Bid Proposal Documents - Pages C-1 through C-16. The bidder must complete and submit all parts of the Bid Proposal Documents to be considered a responsive bidder. The Bid Proposal form shall be signed in longhand by the bidder (if an individual), by a member of a partnership, or by an officer of a corporation authorized to sign contracts on its behalf. If made by a corporation, the bid proposal shall show the name of the state under the laws of which the corporation is chartered or organized.
Bidders are warned against making erasures or alterations of any kind on their bid proposal. Bid proposals which contain omissions, erasures, alterations, conditions, or additions not called for may be rejected.
BID SECURITY: All Bids shall be accompanied by cash, a certified bank draft, or a bond from an accredited surety company payable to the City of Chino for an amount not less than ten percent (10%) of the bid submitted. The bid security will be declared forfeited if the successful bidder refuses or fails to enter into a contract within ten (10) days following receipt of the Notice of Award with the contract documents, in accordance with California Public Contract Code Sections 20170 through 20174.
DISQUALIFICATION OF BIDDERS: More than one bid from an individual, firm partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future bids.
SUBSTITUTION OF SECURITIES : In conformance with Public Contract Code 22300, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the contract. At the request and expense of the Contractor, securities withheld shall be deposited wi th the City or with a State or Federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by the city of Contractor’s satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the City Attorney’s office.
VALIDITY OF BIDS: The Bidder shall guarantee that the Total Bid Price shall be valid for 120 working days after the bid due date.
ADDENDA: The correction of any discrepancies or omissions from the specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum via PlanetBids. A completed and signed Addendum Acknowledgement Form shall be returned to the City with the bid proposal.
Failure to do so may result in bid rejection. Any other interpretation or explanation of such documents other than posted to PlanetBids will not be considered binding.
QUESTIONS OR REQUESTS FOR INTERPRETATION: All questions or requests for interpretation regarding this bid solicitation must be submitted online through PlanetBids before 5 p.m. on January 26, 2022. Bidders submitting such requests are responsible for their timely delivery. City will interpret or correct the Contract Documents only by a written Addendum, and such Addendum will be posted to PlanetBids. The City is not bound by any oral interpretation of the Contract Documents made by any City employee. If Bidder fails to raise any issue regarding such interpretation or correction or if the City fails to respond to a request, Bidder will be deemed to have accepted
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Project No.: MS – 181 FY 19/20 Local Overlay Project B-2 all risks associated with that issue. Bidder specifically waives the right to request a Change Order, equitable adjustment, or to request additional time, or to seek recovery in quantum meruit in conjunction with any such issue.
Bidder further waives the right to assert arguments of estoppel or implied or express warranty of design with regard to any such issue.
Bidders are not to directly contact City personnel with any questions or clarifications concerning this bid other than through PlanetBids. Any City response for this bid that is not posted through PlanetBids is unauthorized and will be considered invalid.
BID MISTAKES: Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the City written notice within five (5) working days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred
DISCREPANCIES IN BIDS : In case of discrepancy between numeric and spelled-out amounts, the spelled-out amount shall prevail. In case of discrepancy between the Unit Price and the Item Total set forth for that item, the Unit Price shall prevail; provided however, if the amount set forth as a Unit Price is ambiguous, unintelligible, or uncertain for any cause, or if it is omitted, or in the case of unit basis items, is the same amount as the entry in the Item Total column, then the amount set forth in the Item Total column for the item shall prevail in accordance with the following:
(1) As to lump sum items, the amount set forth in the Item Total column shall be the item price.
(2) As to unit basis items, the amount set forth in the Item Total column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit cost.
If the Total Bid Price does not equal the sum of the Item Totals, then the Engineer, after resolving any discrepancy in the Item Totals, shall sum the Item Total column and the resultant amount shall be considered the Total Bid Price.
WITHDRAWAL OF BIDS: Bidders may withdraw their bids via PlanetBids before the bids are due as specified in the Notice Inviting Bids. Bidders may not withdraw their bids after the bids are due without forfeiture of their bid security. Withdrawal of the bid will not prejudice any bidder’s right to submit a new bid, if there is time to do so.
BID PROTEST: Only a bidder who has actually submitted a bid proposal to the City is eligible to protest a bid. The City will not accept or entertain bid protests from anyone who did not submit a bid for the project or work being protested.
Bidders may file a protest of a bid proposal with the Finance Department – Purchasing Division, City of Chino - 13220 Central Avenue, Chino, CA 91710, no later than 4:00 p.m. on the fifth (5 th) business day from the day in
which the bids are opened.
At the time of the filing, the bid protest shall be:
a. Submitted on the bidder’s formal letterhead and include the bidder’s company name, address, phone number and the name and title of the individual filing the protest; and
b. List the reasons for the protest including the specific section of the documents or technical specifications being disputed and shall site any statutes or case law supporting or serving as the basis for the protest and describe how they support the item(s) being disputed.
If the protest does not meet these requirements, the City will reject it without further review. If the protest is submitted on time and complies with all the above requirements, the Director of Finance or his or her designee, shall review the protest and all relevant information submitted by the protesting bidder. The City will provide a written response to the protesting bidder. The City has the right to respond to any protest until the date on which the contract is awarded by the Chino City Council.
The procedure and time limits set forth in this paragraph are mandatory and are the sole and exclusive remedy in the event of a bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative
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Project No.: MS – 181 FY 19/20 Local Overlay Project B-3 remedies and a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.
If the City determines that the protest is frivolous, the party originating the protest may be d etermined irresponsible and that party may be determined to be ineligible for future contract awards.
PROPRIETARY INFORMATION: Responses to the Notice Inviting Bids become the exclusive property of the City of Chino. All bids submitted in response to the Notice Inviting Bids are a matter of public record and shall be regarded as public records. Exceptions will be those elements in each bid that are defined by the bidder as business or trade secrets and are marked as “Trade Secrets,” “Confidential,” or “Proprietary.” The City shall not be liable or responsible in any way for disclosure of any records not marked as “Trade Secrets,” “Confidential,” or “Proprietary.” The City shall not be liable or responsible in any way for disclosure of any records so marked if disclosure is deemed to be required by law or by a court order.
IRAN CONTRACTING ACT: In accordance with California Public Contracting Code Section 2200-2208, all bidders submitting proposals for, entering into, or renewing contracts with the City and estimated at $1,000,000 or more are required to complete, sign and submit the “Iran Contracting Act of 2010 Compliance Affidavit” contained in the Bid Documents below.
TAXES: Bidders shall not mention Sales Tax, Use Tax, or any other tax in their bids . All bid amounts shall include all applicable taxes.
LISTING SUBCONTRACTORS: Bidders shall submit the list of subcontractors on this Project that is required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.).
LATE BIDS: The City will reject any Bid submitted after the bid due time and date set forth in the Notice Inviting Bids. No exceptions.
AWARD OF CONTRACT AND OWNER’S RIGHTS RESERVED: If the City awards the Contract, it will award the Contract to the lowest, responsive, responsible bidder as determined solely by the City. The City reserves the right to cancel this bid solicitation, reject any or all bids, and, to the extent not prohibited by law, to waive any minor irregularity or informality in any bid that does not give the bidder a competitive advantage over other bidders and to take the bids under advisement for the bid guarantee period shown above, as may be necessary in the best interests of the City. The City is not required to provide a reason should it choose to cancel this bid.
ESTIMATED QUANTITIES : The quantities given in the bid proposal and contract form are approximate, being given as a basis for the comparison of bids only, and the City does not, expressly or by implicati on, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work , or to omit any portion of the work, as may be deemed advisable or necessary by the Engineer.
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Project No.: MS – 181 FY 19/20 Local Overlay Project C-1
BID PROPOSAL DOCUMENTS
All documents provided in Section C, including this page, must be completed. Unless otherwise specified, all Bid Proposal documents must be submitted to be considered for award for this bid solicitation.
1. Bid Proposal Documents and Certification ............................................................................ C-1
2. Bid Schedule ............................................................................................................................... C-2
3. Addenda Acknowledgement ........................................................................................................ C-7
4. List of Subcontractors .................................................................................................................. C-8
5. Bid Bond ....................................................................................................................................... C-9
6. Non-Collusion Declaration ........................................................................................................ C-10
7. Certification of Non-Discrimination by Contractors.................................................................... C-11
8. Worker’s Compensation Insurance Certificate .......................................................................... C-12
9. Certificate of Site Examination ................................................................................................... C-13
10. Information to Comply with Labor Code 2810 ........................................................................... C-14
11. Iran Contracting Act of 2010 Compliance Affidavit .................................................................... C-15
12. Statement of Bidder: Qualification and Experience Statement ................................................ C-16
13. Compliance with Applicable Laws, Rules, Regulations and Ordinances ................................. C-17
I, _______________________________ (Bidder), certify that all of the above required documents have been completed. I also understand that failure to submit a completed bid package (fully completed and executed) will result in rejection of bid.
BIDDER INFORMATION
The following information will be used for statistical analysis only:
Is the Bidder a Disadvantaged Business (DBE)? _____ If yes, Certification No. __________ Is the Bidder a Minority-Owned Business? _____ Which racial minority? __________ Is the Bidder a Women-Owned Business? _____
Is the Bidder a certified Small Business? _____ If yes, Certification No._________
Dated
(Bidder)
(Signature)
(Printed Name)
(Title)
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Project No.: MS – 181 FY 19/20 Local Overlay Project C-2
BIDDER’S NAME:
In accordance with the Notice Inviting Bids for this Work in the City of Chino, California, Bidder offers to furnish all necessary labor, tools, materials, appliances and equipment for and to perform all Work mentioned in the Notice Inviting Bids, in full compliance with all documents, including plans, specifications, attachments and exhibits at the prices li sted below.
Bidder understands that these quantities are estimates only and are given solely for the purpose of facilitating the comparison of Bids, and that the Contractor’s compensation will be computed on the basis of the actual quantities in the completed Work.
BID SCHEDULE
FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
The basis of comparison to determine the low bid is the Total Bid Price of Bid Schedule.
ITEM DESCRIPTION EST
QTY UNIT UNIT PRICE TOTAL COST
1 Mobilization and demobilization. This bid item also
includes all items as necessary to complete the Project Work from the General Provisions which are not
contained within the Itemized Bid Schedule below. (If
this amount exceeds 5% of the total bid it shall be paid over the term of the Contract.)
1 LS
$ $
2 Construction Survey and resetting existing Survey
Monumentation. 1 LS $ $
3 Water Pollution Control Plan and Implementation. 1 LS $ $ 4 Traffic Control and implementation per current WATCH
Manual and any supplemental revisions. 1 LS $ $
5 Demolition/Clearing and grubbing. To include disposal. 1 LS $ $ 6 Utility location verification and potholing. 1 LS $ $ 16th, 17th and 18th Streets and Serene Avenue
(Plans Designed by NV5)
7 Grind 2” existing AC pavement, crack seal, apply tack coat to exposed surfaces and construct 2” AC overlay
per Detail A on Sheet 2.
105,000 SF
$ $
8 Sawcut, remove, dispose of existing pavement/base
and construct 3” AC surface course over 4” base
course compacted to 95% psi per Project Plans and
Specifications.
2,000 SF
$ $
9 Construct 8” AC berm curb per 2012 SPPWC Std Plan
120-2, Type D1-8. 500 LF
$ $
10 Grade and moisture conditioning as needed to achieve a firm and unyielding condition per Project Plans. 300 CY $ $
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Project No.: MS – 181 FY 19/20 Local Overlay Project C-3
ITEM DESCRIPTION EST
QTY UNIT UNIT PRICE TOTAL COST
11 Remove and dispose of existing and install redwood
header per City of Chino Std Dwg 125. 600 LF
$ $
12 Remove and dispose of existing sidewalk and
construct 4” thick PCC sidewalk with 560 C 3250 white
pigmented concrete mix design on 95% compacted
base per City of Chino Std Dwg 230 where there is no
existing driveway, At existing residential driveways,
remove existing and construct 6” thick PCC driveway
approach.
15,000 SF
$ $
13 Remove and construct rolled PCC curb and gutter,
Type ‘C’ with 560 C 3250 white pigmented concrete
mix design on 95% compacted base per City of Chino
Std Dwg 215.
1,400 LF
$ $
14 Landscaping improvements and coordination with City
and property owner. 1 LS
$ $
15 Adjust to new propose grade existing water meter and boxes. 21 EA
$ $
16 Adjust to new proposed grade existing water valve per City of Chino Std Dwg 455. 9 EA
$ $
17 Remove and replace damaged or broken water meter
box, notify Inspector or Engineer if box is in disrepair, prior to replacement.
5 EA
$ $
18 Remove and replace water meter, notify Inspector or
Engineer if meter cannot be reset. Meter to be supplied by the City.
5 EA
$ $
19 Remove and replace existing water valve. Notify
Inspector or Engineer, in advance, if replacement is
required.
3 EA
$ $
20 Double adjust to new proposed grade existing manhole frame and cover per City of Chino Std Dwg 535. 2 EA
$ $
21 Traffic signing (remove and dispose of existing sign and post, replace with new sign and post in location shown
on Project Plans), street name signs and posts, striping, pavement markings and legends with thermoplastic paint
and reflective beads.
1 LS
$ $
22 Remove and dispose of existing retaining curb.
Construct new retaining curb, to match existing, following approval of property owner and Inspector or Engineer.
1 LS
$ $
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Project No.: MS – 181 FY 19/20 Local Overlay Project C-4
ITEM DESCRIPTION EST
QTY UNIT UNIT PRICE TOTAL COST
16th, 17th and 18th Streets at Tronkeel Avenue and Serene Avenue (Plans Designed by Transtech Engineering, Inc)
Plan Sheet Numbers 8 to 18
23 Remove existing improvements that are necessary to
construct the new improvements (enclosed in Project
Limit Lines). Removal shall include but not be limited to the following: existing PCC walk/pavement, curb, gutter and cross gutter, AC pavement, retaining curb, trees,
landscape and irrigation excepting utility vaults, boxes, cabinets and traffic sign poles
12,644 SF
$ $
24 Remove existing sign including post 3 EA
$ $
25 Remove existing wrought iron fence, concrete foundation and block wall. Preserve wrought iron fence panels for use in construction of fence at new proposed location per the Project Plans.
38 LF
$ $
26 Remove existing chain link fence (fence southerly
parkway of Tronkeel Avenue). 45 LF $ $
27 Construct curb ramp complete with 3’ wide detectable warning surface per applicable notes and details of
Caltrans Std. A88A and shall include ramp wings,
associated curb and gutter and cross gutter (up to curb transition) and retaining curb, as shown on the Project Plans.
29 EA
$ $
28 Construct bulb out curb ramp to include curb ramp per applicable notes and details of Caltrans Std A88A,
associated curb and gutter, ramp wings and storm drain
trench drain.
5 EA
$ $
29 Construct 4” PCC pavement and sidewalk to include curb ramp landing area per City of Chino Std. Dwg. 230. 5,060 SF $ $
30 Construct PCC curb and gutter (generally from TX of curb transition) per SPPWC Std. Plan No. 120-2. 353 LF
$ $
31 Reconstruct 2 feet wide slot cut AC pavement section consisting of existing pavement +1” over 8” AB. 1,007 LF $ $
32 Remove and provide new sign and post to match existing traffic/street name sign to new proposed location per City of Chino Std. Dwg. No. 805.
10 EA
$ $
33 Install new “SIDEWALK ENDS” sign on exiting pole.
Sign shall be 24” diamond, black on yellow by Road
Traffic Signs or approved equal.
1 EA
$ $
34 Install new “SIDEWALK ENDS” sign on new pole. Sign
shall be 24” diamond, black on yellow by Road Traffic
Signs or approved equal. Pole shall be per City of Chino Std. Dwg. 805.
1 EA
$ $
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Project No.: MS – 181 FY 19/20 Local Overlay Project C-5
BID SCHEDULE – TOTAL BID PRICE IN WORDS:________________________________________
NOTE: All PCC shall be constructed with white pigmented concrete mix design 560 C 3250 over 95% compacted base
ITEM DESCRIPTION EST
QTY UNIT UNIT PRICE TOTAL COST
35 Restore, extend or refurbish landscape and irrigation system, in kind, to blend with new improvements. 1 LS
$ $
36 Construct curb transition per City of Chino Std. Dwg. 215, modified per Project Plans. 4 LF
$ $
37 Relocate existing street light including foundation and appurtenances. 1 EA
$ $
38 Reconstruct existing grated catch basing away from the new curb. 1 EA
$ $
39 Construct new chain link fence per SPPWC Std. Plan
600-3 to match existing in kind. 40 LF
$ $
40 Construct wrought iron fence, including block wall and foundation to match existing at new proposed location.
Repaint or powder coat existing wrought iron fence to
match existing. Fabricated additional wrought iron
fence sections as needed to match existing.
46 LF
$ $
41 Pavement markings and striping per Project Plans and City Traffic Engineer. 1 LS
$ $
BID SCHEDULE – TOTAL BID PRICE IN NUMBERS (ITEMS 1 - 41) $
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 176
Project No.: MS – 181 FY 19/20 Local Overlay Project C-6
BID ALTERNATE
BID ALTERNATE PRICE IN WORDS:___________________ _____________________
ITEM DESCRIPTION EST QTY UNIT UNIT PRICE TOTAL COST
1 Remove, dispose and construct full pavement restoration for 18th Street (only) from Tronkeel Avenue north to
Serene Avenue. Pavement restoration shall be 2” AC
finish course over 3” AC base course over 6” aggregate
base. All courses to be compacted to 95% psi.
24,500 SF
$ $
BID ALTERNATE PRICE IN NUMBERS $
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 177
Project No.: MS – 181 FY 19/20 Local Overlay Project C-7 FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
ADDENDA ACKNOWLEDGEMENT/SIGNATURE
This Bid is submitted with respect to the changes to the Plans & Specifications included in the following addenda numbers:
_____ _____ _____ _____ _____ _____ _____
1 2 3 4 5 6 7
(Initial above all appropriate numbers)
Bidder certifies that Bidder has examined the site and that the Bid is complete. By signing below, Bidder certifies that the Contractor will not submit a claim based on failure to examine the site thoroughly.
Respectfully submitted,
Bidder Signature Date
Print Name / Title
Legal Name of Company Business Address (Actual Address - Post Office Box)
Telephone Number Email Address
Contractor’s License Number DIR Registration Number
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 178
Project No.: MS – 181 FY 19/20 Local Overlay Project C-8
LIST OF SUBCONTRACTORS
In accordance with the requirements provided in the "Subletting and Subcontracting Fair Practices Act" Division 2 Part 1, Chapter 4 of the California Public Contract Code, the Bidder shall set forth hereon the name, the location of the place of business, Department of Industrial Relations registration number, 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 su bcontractor 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 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 great er. The prime contractor shall also set forth hereon the portion of the work (type and dollar value) that will be done by each subcontractor. The prime contractor shall list only one subcontractor for each portion as defined by the prime contractor in his or her bid. Information requested, other than the subcontractor's name, location of business, Department of Industrial Relations registration number, contractor license number, and the portion of work that will be done by each subcontractor, may be submitt ed by the prime contractor within 24 hours after the deadline for submission of bids.
Name: Type of Work:
Address: Email Address:
Phone No.: Dollar Value of Subcontract: $
License No. DIR Registration No.
Name: Type of Work:
Address: Email Address:
Phone No.: Dollar Value of Subcontract: $
License No. DIR Registration No.
Name: Type of Work:
Address: Email Address:
Phone No.: Dollar Value of Subcontract: $
License No. DIR Registration No.
Name: Type of Work:
Address: Email Address:
Phone No.: Dollar Value of Subcontract: $
License No. DIR Registration No.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 179
Project No.: MS – 181 FY 19/20 Local Overlay Project C-9 BOND NO.
BID BOND
FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS – 181
KNOW ALL MEN BY THESE PRESENTS that we _________________________________ as Principal, hereinafter referred to as “Contractor” and _________________________________ as Surety, are held and firmly bound unto the City of Chino, hereinafter called the “City,” in the sum of _________________________________________________________________________Dollars ($______________), for the paym ent of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The conditions of this obligation are such that whereas the Contractor submitted to the C ity a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the _______________________________________________, and will furnish all required certificates of insurance and bonds as required by the Contract.
NOW, THEREFORE, if said Bid shall be rejected; or in the alternate, if said Bid is accepted, and the Contractor (i) executes and delivers a contract in the prescribed form of the Agreement, (ii) delivers certificates evidencing that the required insurance is in effect, (iii) executes and delivers bonds in the forms prescribed, and (iv) in all other respects performs the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise this obligation shall remain in full force and effect, it being expressly understood and agreed that the liability of the Surety for any and all default of the Contractor hereunder shall be the amount of this obligation as herein stated. In the event suit is brought upon this bond by City and judgment is recovered, Surety shall pay all costs incurred by City in said suit, including a reasonable attorney's fee to be fixed by the court.
The Surety, for the value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by an extension of the time within which the City may accept such a bid; and said Surety does hereby waive notice of any such extension.
SIGNED AND SEALED, this ________day of ______________________, 20______
________________________________(Seal) ________________________________(Seal) (Principal) (Surety)
By: ____________________________ By: _________________________________ (Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 180
Project No.: MS – 181 FY 19/20 Local Overlay Project C-10
NON-COLLUSION DECLARATION
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
The undersigned declares:
I am the _______________ of __________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding.
The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ________________________ [Date], at ________________________ [City], ___________________ [State].
CONTRACTOR
(Signature)
(Printed Name)
(Title)
Subscribed and sworn to before me this day of _________________, 20 ______ by _________________
Notary Public in and for the County of ________________________________________, State of California.
My Commission Expires ____________________________, 20__
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 181
Project No.: MS – 181 FY 19/20 Local Overlay Project C-11
CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS
As suppliers of goods and services to the City of Chino, the company listed below certifies that, except as permitted in Government Code section 12940, it does not discriminate in its employment on the basis of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person; that it is in compliance with all federal, state, and local laws regarding non- discrimination in employment; and that it agrees to positively and aggressively pursue the principle of equal opportunity in employment.
We agree specifically:
1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.
3. To take affirmative steps to hire minority employees within the company.
COMPANY NAME
NAME OF PERSON SIGNING
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs now in effect within your company.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 182
Project No.: MS – 181 FY 19/20 Local Overlay Project C-12 FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Section 1860 and 1861:
I am aware of the provisions of Section 3700 of the State Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of this contract.
DATE:
CONTRACTOR
(Signature)
(Printed Name)
(Title)
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 183
Project No.: MS – 181 FY 19/20 Local Overlay Project C-13 FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
CERTIFICATION OF SITE EXAMINATION
Each bidder shall be fully informed of the conditions relating to the construction of the work and the employment of labor thereon. Failure to do so will not relieve Contractor of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents. Each bidder shall examine the site for the work described herein. Bidders shall attend a mandatory pre- bid meeting of the site conducted by the City. Failure to attend the mandatory pre-bid meeting shall be cause for rejection of the bid.
This is to certify that I have examined the site and the bid is complete and there will be no additional payment for failure to examine the site thoroughly.
Date of Site Examination Bidder
Printed Name of Bidder Representative
Signature of Representative
Date
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 184
Project No.: MS – 181 FY 19/20 Local Overlay Project C-14 INFORMATION TO COMPLY WITH LABOR CODE SEC. 2810
To comply with Labor Code Sec. 2810, Contractor shall complete and submit this Information Sheet which shall be incorporated into and be a part of the Contract:
1) Workers’ Compensation Insurance:
a. Policy Number:
b. Name of Insurer (NOT Broker):
c. Address of Insurer:
d. Telephone Number of Insurer:
2) For vehicles owned by Contractor and used in performing work under this Contract:
a. VIN (Vehicle Identification Number):
b. Automobile Liability Insurance Policy Number:
c. Name of Insurer (NOT Broker):
d. Address of Insurer:
e. Telephone Number of Insurer:
3) Address of Property used to house workers on this Contract, if any:
4) Estimated total number of workers to be employed on this Contract:
5) Estimated total wages to be paid those workers:
6) Dates (or schedule) when those wages will be paid (Describe schedule: For example, weekly or every other week or monthly):
7) Estimated total number of independent contractors to be used on this Contract:
8) Contractor’s Taxpayer’s Identification Number:
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 185
Project No.: MS – 181 FY 19/20 Local Overlay Project C-15 IRAN CONTRACTING ACT of 2010 COMPLIANCE AFFIDAVIT
(Public Contract Code Sections 2202-2208)
The California Legislature adopted the Iran Contracting Act of 2010 to respond to policies of Iran in a uniform fashion (PCC §2201(q)). The Iran Contracting Act prohibits bidders engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A bidder who “engages in investment activities in Iran” is defined as either:
1. A bidder providing goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
2. A bidder that is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that pers on will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2203(b) as a person engaging in the investment activities in Iran.
The bidder shall certify that at the time of submitting a bid for new contract or renewal of an existing contract, the bidder is not identified on the DGS list of ineligible businesses or persons and that the bidder is not engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010.
California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts (PCC § 2205).
To comply with the Iran Contracting Act of 2010, the bidder shall provide its vendor or financial institution information below:
OPTION #1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial ins titution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.
Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a) By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in
OPTION #2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case -by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.
If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.
Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a) By (Authorized Signature)
Printed Name and Title of Person Signing Date Executed
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 186
Project No.: MS – 181 FY 19/20 Local Overlay Project C-16 STATEMENT BY BIDDER: QUALIFICATION AND EXPERIENCE STATEMENT The following outline is a record of the undersigned Bidder's experience in construction of three (3) projects of a type similar in magnitude and character to that contemplated under Project No. MS - 181 within the past two years. Include the location of each project as well as the name, address, and phone number of the owner, and name of individual to contact.
Subcontractors performing in excess of one half of one percent of the prime Contractor’s total bid, or in the construction of streets or highways, one half of one percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater shall provide a similar outline. Additional pages outlining this portion of the Bid may be attached. Failure to provide this statement may result in rejection of the bid by the City of Chino.
1. Owner's Name:
Contact Person: Phone:
Address of Owner:
Project Description:
Amount of Contract: Completion Date:
2. Owner's Name:
Contact Person: Phone:
Address of Owner:
Project Description:
Amount of Contract: Completion Date:
3. Owner's Name:
Contact Person: Phone:
Address of Owner:
Project Description:
Amount of Contract: Completion Date:
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 187
Project No.: MS – 181 FY 19/20 Local Overlay Project C-17 FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
Contractor agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances, as applicable. It is further acknowledged that contractor certified compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.
Contractor’s Name/Company Name:
Address:
Phone Number: Email:
Name of Authorized Representative:
Title of Authorized Representative:
Signature of Authorized Representative:
Date:
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 188
Project No.: MS – 181 FY 19/20 Local Overlay Project C-18
CONTENTS OF DOCUMENTS
REQUIRING COMPLETION, SIGNATURE OR CERTIFICATION
PRIOR TO AWARD OF CONTRACT
Agreement ....................................................................................................................... C-19
Performance Bond ........................................................................................................... C-22
Labor and Material Bond ................................................................................................. C-24
Warranty Bond ................................................................................................................. C-26
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 189
Project No.: MS – 181 FY 19/20 Local Overlay Project C-19 Contract No.:
Approved:
FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
AGREEMENT
THIS AGREEMENT is made and entered into this xTH day of Month, 2022 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and Contractor Name, hereinafter called “Contractor”.
WITNESSETH, that the parties hereto mutually agree as follows:
ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled FY 19/20 Local Street Overlay Project, 16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and Serene Avenue from Benson Avenue to E/O 18th Street, Project No. MS – 181 in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.
ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of xxxxx Dollars and ($ xxxxx) for completion of the contract work.
ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full perf ormance of the covenants herein contained.
ARTICLE IV: Contractor shall begin work within fifty five (55) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within one hundred and twenty (120) working days (by _______, 2021). If the work is not completed within said time period, liquidated damages shall apply.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 190
Project No.: MS – 181 FY 19/20 Local Overlay Project C-20 ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post -Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.
ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 191
Project No.: MS – 181 FY 19/20 Local Overlay Project C-21
ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.
ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.
Approved as to Form: Approved as to Content:
City Attorney Amer Jakher, P. E.
Director of Public Works Department
CONTRACTOR COMPANY NAME:
Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)
CITY OF CHINO
Dated:
Matthew C. Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
Date
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 192
Project No.: MS – 181 FY 19/20 Local Overlay Project C-22 BOND NO: ___________________
CONTRACT NO: ___________________
APPROVED: ___________________
PERFORMANCE BOND
FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
WHEREAS the City of Chino has executed an agreement with __________________ (hereinafter “Principal”), requiring Principal to perform the construction of public improvements (hereinafter the “Work”); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Public Works Agreement (Contract No. ____________) dated _ __________________________, (hereinafter the “Agreement”); and
WHEREAS, the Agreement is hereby referred to and incorporated herein by this reference; and WHEREAS, Principal or its contractor is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work constructed thereunder.
NOW, THEREFORE, we the undersigned, ______________________________, as Principal and __________________________________, a corporation organized and existing under the laws of the State of _________________________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Chino in the sum of _________________________________________________ ($______________), said sum being not less than one hundred percent (100%) of the total cost of the Work as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal and its contractors, or their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 193
Project No.: MS – 181 FY 19/20 Local Overlay Project C-23
IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 202_.
________________________________
Principal
By: ___________________________
________________________________
Surety
By: ___________________________
Attorney-in-Fact
NOTE:
Notary Acknowledgements for each signature are required for the Principal and the Surety. Additionally required, copy of the Power of Attorney to local representatives of the bonding company shall be attached hereto.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 194
Project No.: MS – 181 FY 19/20 Local Overlay Project C-24 BOND NO: ___________________
CONTRACT NO: ___________________
APPROVED: ___________________
LABOR & MATERIAL BOND
FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
WHEREAS the City of Chino has executed an agreement with _____________________ (hereinafter “Principal”), requiring Principal to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of public improvements (hereinafter “Work”); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Public Works Agreement (Contract No. ____________) dated ___________________________, (hereinafter the “Agreement”); and
WHEREAS, Principal or its contractor is required to furnish a bond in connection with the Agreement providing that if Principal or any of its contractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.
NOW, THEREFORE, we the undersigned, ______________________________, as Principal and ____________________________________, a corporation organized and existing under the laws of the State of _________________________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Chino and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, the sum of ____________________________________________________________ ($_______________), said sum being not less than 100% of the total amount payable by Principal under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal or its contractors, or their heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 195
Project No.: MS – 181 FY 19/20 Local Overlay Project C-25 In case legal action is required to enforce the provisions of this bon d, the prevailing party shall be entitled to recover reasonable attorneys’ fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 8024, 8400, 8402, 8404, 8430 or 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.
IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 202_.
________________________________
Principal
By: ___________________________
________________________________
Surety
By: ___________________________
Attorney-in-Fact
NOTE:
Notary Acknowledgements for each signature are required for the Principal and the Surety. Additionally required, copy of the Power of Attorney to local representatives of the bonding company shall be attached hereto.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 196
Project No.: MS – 181 FY 19/20 Local Overlay Project C-26 BOND NO: ___________________
CONTRACT NO: ___________________
APPROVED: ___________________
WARRANTY BOND
FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
WHEREAS the City of Chino has executed an agreement with _____________________ (hereinafter “Principal”), requiring Principal to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of public improvements (hereinafter “Work”); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Public Works Agreement (Contract No. ____________) dated ___________________________, (hereinafter the “Agreement”); and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and , as surety, are held and firmly bound unto the City of Chino in the penal sum of Dollars ($ ) lawful money of the United States, said sum being not less than 10% of the total amount payable by Principal under the terms of the Agreement, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 197
Project No.: MS – 181 FY 19/20 Local Overlay Project C-27 IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 202_.
________________________________
Principal
By: ___________________________
________________________________
Surety
By: ___________________________
Attorney-in-Fact
NOTE:
Notary Acknowledgements for each signature are required for the Principal and the Surety. Additionally required, copy of the Power of Attorney to local representatives of the bonding company shall be attached hereto.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 198
Project No.: MS – 181 FY 19/20 Local Overlay Project C-28
NOTICE OF AWARD
TO: (CONTRACTOR)
FOR CONSTRUCTION OF:
FY 19/20 Local Street Overlay Project
16th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
Your Bidder's Proposal dated , is accepted for the total contract
price of $ .
You are required by the "INSTRUCTIONS TO BIDDERS" to execute the documents specified within ten (10) days from the date of mailing this Notice. Please sign one copy of the Notice of Award upon receipt and return.
RECEIVED:
CONTRACTOR THE CITY OF CHINO
By: By:
(Title) (Title)
(Date) (Date)
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 199
Project No.: MS – 181 FY 19/20 Local Overlay Project C-29
NOTICE TO PROCEED
TO: (Contractor) DATE:
FROM: Amer Jakher, P.E.
Director of Public Works, City of Chino
Notice is hereby given that you are authorized and directed to proceed with the following project in accordance with the contract documents:
FY 19/20 Local Street Overlay Project
16 th, 17th and 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
These documents have been received and are on file with the City Clerk of the City of Chino:
DOCUMENT:
The Agreement Fully Executed ( )
Labor and Material Bond (100%) ( )
Faithful Performance Bond (100%) ( )
Warranty Bond (10%) ( )
Workers' Compensation Insurance Certificate ( )
Liability Insurance Policy or Certificate ( )
Insurance Forms ( )
The Contract Time shall commence on the date of issuance of the City’s written Notice to Proceed.
Work shall be completed within one hundred and twenty (120) working days from the date on which the work was started unless the date for completion is extended as otherwise provided in the Contract Documents.
AMER JAKHER, P.E.
DIRECTOR OF PUBLIC WORKS
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 200
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 1 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions
CONSTRUCTION OF
FY 19/20 Local Streets Overlay Project
16th, 17th and 18th Streets Between
Tronkeel Avenue and Serene Avenue
and
Serene Avenue from Benson Avenue to E/O 18th Street
Project No. MS - 181
SPECIAL PROVISIONS
The following Special Provisions supplement and amend the 2021 Edition of (“Greenbook”) Standard Specifications for Public Works Construction latest edition. As a reference convenience, these Special Provisions have been arranged into a format that parall els the Standard Specifications.
In case of conflict between the Standard Specifications (Greenbook 2021) or the City of Chino Standard Specifications and Plans, these Special Provisions shall take precedence over, and be used in lieu of such conflicting portions.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 201
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 2 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions PART 1 – GENERAL PROVISIONS
SECTION 1 – GENERAL
TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS
1-2 TERMS AND DEFINITIONS. Add the following:
Add the following:
TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS
Codes, Ordinances, and Regulations – All electrical equipment and materials furnished and installed under this section shall conform to the referenced regulations and codes specified in Section 86- 1.02 of the State Standard Specificati ons, and to all other ordinances and regulations of the authorities having jurisdiction.
ASTM Designations - The latest revised Specifications or tentative Specifications of the American Society for Testing and Materials.
AASHTO Designations - The latest revised Specifications of the American Association of State Highway and Transportation Officials.
DEFINITIONS. Add, delete or change the following:
Acceptance – Formal action of the City in determining that the Contractor’s Work has been completed in accordance with the Contract, filing a Notice of Completion with the County Recorder, which stipulates the date that the Work was completed, and notifying the Contractor in writing of the acceptability of the Work.
Agency – DELETE the definition in its entirety and REPLACE with the following: The City of Chino (City).
Approval/Approved – The written approval of the Public Works Director, City E ngineer, or authorized Engineer in charge of project.
Approved Equal/Equivalent – The item, material or method offered by contractor that has received approval by the PROJECT ENGINEER as a substitute item, material or method in lieu of an item, material, or method that is specified.
Assembly – A complete machine, structure or unit of a machine that was manufactured by fitting together parts and/or modules.
Award of Contract – Date of – Date on which the Mayor or designee executes the contract documents and all conditions precedent to award have been satisfied. This is not necessarily the same date as the Notice to Proceed (NTP).
Bid Item – Unit and Lump Sum amounts to be paid for the Items listed in the Proposal and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 202
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 3 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions necessary to the completed work and for performing all work contemplated and embraced under the Contract, in accordance with the Plans and Specifications, and no separate or additional payment shall be allowed therefore.
Board – DELETE definition entirely and replace with: The City Council of the City of Chino.
Bond – ADD warranty after payment.
City – refers to The City of Chino, California.
Contract Documents – The Agreement or Contract, Addenda, notice inviting bids, instructions to bidders, Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, permits from jurisdictional regulatory agencies, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Change Orders, Supplemental Agreements, and the Summary of Work.
Council – City Council of the City of Chino.
Department – Where the word Department appears in the Standard Specifications, it shall mean the Engineering Division of the Public Works Department of the City of Chino.
Disputed Work – Work which the City and the Contractor are unable to reach agreement.
Engineer – DELETE the definition in its entirety and replace with the following:
Refers to the Director of Public Works or The City Engineer of the City of Chino, acting personally or through authorized agents or assistants responsible for the project implementation.
Final Inspection – Performed by the Engineer prior to the Final Acceptance of the Project by the Council.
The Greenbook – Refers to and conforms to the current edition of “The GREENBOOK” Standard Specifications for Public Works Construction.
Hub – Refers to a communication facility, either at a field cabinet or at the City’s Traffic Management Center (TMC), used to distribute/relay data, video information and control from traffic management devices to supervisory and control monitors.
Inspector – The engineering or technical personnel authorized to act as agents for the Engineer in the supervision of work covered by these Specifications.
Laboratory – The designated laboratory approved by the Engineer to test materials and work involved in the contract.
May – Permissible requirement with written approval of the Engineer prior to construction.
Project – See Work.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 203
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 4 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions Punchlist – List of incomplete items of Work and of items of Work that are not in conformance with the Contract usually created near the completion of the project . This is not a Final Inspection.
Quality Assurance – Confirmation of those standards, systems, processes, procedures and activities exercised by the City and the Engineer to ensure that the Work is constructed by the Contractor in accordance with the Contract Documents.
Quality Control – Those standards, systems, processes, procedures and activities exercised by the Contractor to ensure that the Work is constructed in accordance with the Contract Documents.
Record Drawings and Specifications – Full size set of drawings (24” x 36”) and specifications the will be updated by the Contractor during the course of construction to show changes to the original Bid documents. Also referred to by the term, as built.
Registered Engineer – A professional engineer that is licensed in the State of California.
Representative – The engineer or inspector acting personally or through agents or assistants duly authorized by the City Engineer of the City of Chino.
Second Sources – Produced by more than one (1) manufacturer.
Shall – Mandatory requirement.
Special Provisions – Additional special directions or requirements peculiar to this Project in the City of Chino, not detailed in the 2021 Edition (“Greenbook”) Standard Specifications for Public Works Construction.
In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of such conflicting portions.
Standard Drawings - The latest published version of the City of Chino Standard Drawings on the City of Chino website, available at www.cityofchino.org/standards_specs .
Standard Plans - The Standard Plans for Public Works Construction, 2021 Edition, except as modified in the Contract Documents.
Standard Specifications – As used herein, “Standard Specifications” refers to the Standard Specifications for Public Works Construction, 2021 Edition (the “Greenbook”). The Work shall be performed in accordance with the Standard Specifications, except as amended in the Special Provisions.
The Standard Specifications are written and promulgated by Public Works Standards, Incorporated. Copies of the Standard Specifications are available from the publisher, BNi Building News, Division of BNi Publications, 990 Park Center Drive, Suite E, Vista, CA 92801, (760) 734-1113.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 204
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 5 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions State Standard Plans – Except as modified herein, all references in this section to “Standard Plans” shall apply to the California Department of Transportation Standard Plans, current version and revisions.
State Standard Specifications – Except as modified herein, materials and installation shall conform to the California Department of Transportation (Caltrans) Standard Specifications, current version and revisions.
Shall – Mandatory requirement.
Special Provisions – Additional special directions or requirements peculiar to this Project in the City of Chino, not detailed in the 2021 Edition (“Greenbook”) Standard Specifications for Public Works Construction.
State – Refers to the State of California.
Substantial Completion – Date of written notice to the Contractor that the Project is Substantially Complete and is ready for final inspection and development of the final punch list. Substantial Completion does not mean completion in accordance with the contract, nor shall Substantial Completion of all or any part of the Project entitle the Contractor to Acceptance under the Contract.
1-3.1 General
These abbreviations are supplements to Section 1-3.2 and 1-3.3 of the GREENBOOK.
1-3.2 Common Usage
Add the following:
Abbreviation Word(s)
AC 120 Volts AC, 60 hertz ungrounded power source.
AC- 120 Volts AC, 60 hertz grounded return to the power source.
DIN Deutsch Industrie Norm
FDU Fiber Distribution Unit
Hz Hertz
IES Illumination Engineers Society
ITS Intelligent Transportation Systems
ITU International Telephone Union
MIL-STD Military Standard
NESC National Electrical Safety Council
NETA National Electrical Testing Association, Inc.
NTP Notice to Proceed
OTDR Optical Time Domain Reflectometer
TMC City of Chino Traffic Management Center
TEES CALTRANS' Standard Transportation Electrical Equipment Specifications
UL Underwriter's Laboratories, Inc.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 205
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 6 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions
1-3.4 Additional References.
Insert the following Subsection:
ANSI/NFPA 70 National Electrical Code
CFR Part 15
Federal Code of Regulation (CFR) testing standard for electronic equipment FCC 47 Federal Communication Commission
IEEE C62.41 Guide on the Surge Environment in Low-Voltage (1000 V and Less) AC IESNA LM-79 Electrical and Photometric Measurements of Solid- State Lighting Products
IESNA LM-80 Approved Method for Measuring Lumen Maintenance of LED Light Sources
IESNA TM-15 Luminaire Classification System for Outdoor Luminaires UL1598 Standard for Safety of Luminaires
NEMA SSL 3-2010 High-Power White LED Binning for General Illumination IESNA TM-21-11 Projecting Long Term Lumen Maintenance of LED Light Sources
1-6 BIDDING AND SUBMISSION OF THE BID.
1-6.1 General.
Add the following Subsections:
1-6.1.1 Instruction to Bidders
(a) Site Examination: The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, the general and local conditions, such as, but not limited to, all other matters which could in any way impact the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any a pplicable existing or future condi tions shall not relieve it from the responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Contract Work according to the Contract Documents. (b) Flow and Acceptance of Water: Storm, surface, nuisance or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that he has investigated the risk arising from such waters, has prepared the Bid response accordingly, and assumes any and all risks and liabilities from such flows of water.
(c) Notice of Third Party Claims: Pursuant to Public Contract Code, Section 9201, the Agency will provide the Contractor with timely notification of the receipt of any third party claim relating to the Contract. The Contractor shall attempt to promptly verify and resolve claims.
(d) Other Agencies: Portions of the work will be located in public streets and ways of the City of Chino. The Contractor shall comply with the ordinances, r egulations, and all other lawful requirements of the City, County and State authority governing work in public streets and ways of each respective agency in the performance of the Work associated with the Project.
1-6.1.2 Clayton and Cartwright Act
The Contractor’s attention is directed to the following provisions of California Government Code, Sections 4552, 4553 and 4554, which shall be applicable to the Contractor and his or
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 206
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 7 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions her Subcontractors:
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or Subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials by the Contractor or Subcontractor pursuant to the public works contract or the subcontract.
This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.
If the City receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the City any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assigner but were not paid by the City as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
1-6.1.3 Immigration Reform and Control Act . The successful bidder will be required to comply with all requirements of the Immigration Reform and Control Act of 1986 (“Act”). The successful bidder agrees to defend, indemnify and hold the City harmless from penalties imposed as a result of non-compliance with the Act.
1-6.1.4 Iran Contracting Act of 2010. The successful bidder will be required to comply with the requirements of the Iran Contracting Act of 2010 (Public Contract Code Sections 2202-2208) and submit with the bid response the Compliance Affidavit included in the bid package, if project value is estimated at $1,000,000 and above.
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.2 Contract Bonds.
The first line of the third paragraph is hereby revised to read in its entirety as follows:
The Contractor shall provide three (3) good and sufficient surety bonds.
The following paragraph is hereby added directly after the fourth paragraph, regarding performance bonds:
The “Warranty Bond” (maintenance bond) shall be for not less ten percent (10%) of the Contract Price or $2,000.00, whichever is greater, and shall be delivered to the City Engineer prior to issuance of the Notice to Proceed for Construction. The Warranty Bond will be effective for the period of one (1) year following the project acceptance by the City Council to guaranty the performance of Contractor’s obligations under Section 3-13.3 – Warranty.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 207
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 8 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE.
Insert after the first (1st) paragraph:
The Contractor shall be responsible for leaving the construction site in a neat, clean, and orderly condition during and upon completion of the Work.
Any plan or method suggested to the Contractor by the City Engineer or inspector but not specified or required, if adopted or followed in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City and the City Engineer will assume no responsibility therefore.
2-1.1 NONCOMPLIANCE WITH PLANS AND SPECIFICATIONS.
Insert the following subsection:
Failure of the Contractor to comply with any requirements of the Plans and Specifications, and to immediately remedy any such noncompliance upon notice from the Engineer, may result in suspension of contract progress payments on all items of work. Any pro gress payments so suspended shall remain in suspension until the Contractor’s operations are brought into compliance to the satisfaction of the Engineer. Upon determination by the Engineer that the Contractor is no longer in noncompliance, progress payments will resume for those items of work which have been constructed in conformance with the Plans and the Specifications. No additional compensation shall be due the Contractor as a result of the suspension of progress payments due to noncompliance with the Plans and Specifications.
2-2 PERMITS AND LICENSE.
Insert the following:
2-2.1 Business License. Chapter 14, Title 4, of the Chino Municipal Code requires the issuance of a no fee City Business License as a conditional precedent to being engaged as a contractor or subcontractor within the City.
2-2.2 Waiver of Fees . The Engineer shall issue the AUTHORIZATION FOR WAIVER OF FEES FOR CITY PROJECT , valid only for City issued permits, to the Contractor for use in obtaining the required City permits with the Notice of Award documents.
Fees required and paid for the Project by other agencies will be reimbursable by the City for the exact amount shown on the receipt.
2-2.3 Right-of-Way Permits. The Contractor shall be required to obtain a no fee Right-of-Way Encroachment and Detour Lane or Sidewalk Closure Permit prior to starting work. The Right- of-Way Encroachment Permit and Detour Lane or Sidewalk Closure permits shall identify all requirements, work hours and other conditions as may be necessary to minimize inconvenience to motorists and businesses. The Contractor shall comply with all provisions of all permits whether obtained by the City or by the Contractor. The C ontractor shall be responsible to follow up and pay for any required inspection fees and obtain the permits prior to starting work. The Contractor shall obtain and pay all costs incurred for permits necessitated by
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 208
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 9 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions its operations such as, but limited to, those permits required for night work, overload, blasting, and demolition.
2-2.4 Construction Water Meter. The Contractor shall be required to obtain a City construction water meter which is required for any water taken from Ci ty hydrants or other facilities for water used for construction purposes. A refundable deposit in the amount of two thousand dollars ($2,000.00) is required for the meter. Contact the City of Chino Finance Department at (909) 334- 3353. The Contractor shall furnish all water necessary for compaction, cleaning, flushing and dust control, etc. The Contractor will comply with all of the requirements of the City of Chino Water Utility. If City water is not available, it is the Contractor’s responsibility to ob tain water from other agencies and comply with their requirements. No additional compensation will be provided.
If any fees or charges for water used by the Contractor for the Project have not been paid to the City at the time of Project Close Out, the amount of such fees or charges will be considered by the City to be an amount in dispute and will be withheld from the final payment unless utility charges have been paid in full by the Contractor.
Where recycled water is available near the Project Limits it shall be used for all construction purposes.
2-3 RIGHT-OF-WAY
Insert after first (1
st) Paragraph:
Neither the terms hereof nor anything shown on the drawings in connection with rights-of-way provided by the City shall be construed to entitle the Contractor to conduct operations in the rights-of-way in violation of any city or county ordinance or regulation restricting interference with watercourses and drainage channels. The Contractor shall take adequate precautions against obstructing storm water flow in any affected watercourse or channel and shall not deposit excavated materials on any area where they might interfere with or be subject to erosion from such flow.
Except as may specifically be provided to the contrary, nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street or way during performance of the contract work, and he shall so conduct his operations as not to interfere unnecessarily with the authorized work of utility companies or other agencies in such streets and ways.
2-4 COOPERATION AND COLLATERAL WORK.
Insert at end of first (1
st) Paragraph:
Should construction be under way or subsequently begun by other forces or by other contractors within or adjacent to the limits of the Work, or in the vicinity of the Work to be done under this contract. If the performance of this contract is likely to be interfered with by the simultaneous performance of some other forces or contractors, the Engineer shall decide which contractor shall continue or if the Work be proceed concurrently.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 209
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 10 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions Add as last Paragraph:
Any difference or conflicts that may arise b etween the Contractor and subcontractors or contractors of adjacent projects because of delays or hindrance to each other, shall be adjusted and determined by the Engineer. If the Work of the Contractor is delayed because of any acts or omissions of any other contractor or force, the Contractor shall on that account have no claim for additional compensation or extra cost against the City.
2-4.1 Cooperation with Other Agencies.
Add the following Subsection:
Any project undertaken by the Agency in cooperation with, or under the control or supervision of, another public or quasi-public entity shall be accorded the same access to the Project Site as the City representatives and Engineer.
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
2-5.1 General
Insert after the second (2
nd) paragraph:
The necessary enclosed sanitary conveniences for the use of the employees engaged in the project, properly obscured from public observance, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer and their use shall be strictly enforced.
2-5.1.1 Contractor not an Agent.
Add the following Subsection:
The right of the City to generally supervise and review the Work shall not make the Contractor an agent of the City.
The Contractor shall furnish adequate equipment to properly perform the Work in a workmanlike manner in accordance with these specifications. Such equipment shall be in good state of repair and maintained in such state during the progress of the Work. No worn or obsolete equipment shall be used, and in no case shall the maker's rating of capacity for any equipment be exceeded.
Such equipment and facilities shall meet all requirements of applicable ordinances and laws.
2.5.2 Temporary Utility Services.
Add to last Paragraph:
The Contractor shall be required to obtain a City construction water meter is required for any water taken from Ci ty hydrants or other facilities for water used for construction purposes. A refundable deposit in the amount of two thousand dollars ($2,000.00) is required for the meter. The Contractor shall furnish all water necessary for compaction, cleaning, flushing and dust control, etc. The Contractor will comply with all of the requirements of the City of Chino Water Utility. If City water is not available, it is the Contractor’s responsibility to obtain water from other agencies and comply with their requirements. No additional compensation will be allowed for any portion of this paragraph.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 210
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 11 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions If any fees or charges for water used by the Contractor for the Project have not been paid to the City at the time of Project Close Out, the amount of such fees or charges will be considered by the City to be an amount in dispute and will be withheld from the final payment unless utility charges have been paid in full by the Contractor.
2-5.4 Haul Routes.
Replace the paragraph with the following:
Haul routes shall be as approved by the Engineer as described on the Detour and Lane or Sidewalk Closure Permit following the City’s latest “Truck Route Map”.
Spillage resulting from hauling operations along or across public traveled way shall be removed promptly.
2-5.5 Temporary Facilities and Services.
Add the following Subsection:
The Contractor shall be responsible for providing and maintaining temporary roads, fences, watchman, etc., at the Contractor’s expense.
2-6 NOTICE OF POTENTIAL CLAIM FOR ADDITIONAL COMPENSATION.
Insert after first (1
st) Paragraph:
Procedures for notice of claims in specific situations and circumstances are provided in the following sections:
2-9 Changed Conditions
6-3.2 Contract Time Accounting
6-4.2 Extensions of Time
6-4.3 Payment for Delays
Compliance with this section is not prerequisite to assertion of a claim involving those sections or based on differences in measurements or errors of computation as to Contract quantities.
Compliance with the provisions of this section is required in all other situations and circumstances. It is the intention of this section that differences arising between the parties under and by virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action taken to resolve such differences.
The Contractor shall give the Engineer written notice of a potential claim, setting forth; (1) the reasons for which the Contractor believes additional compensation will or may be due; (2) the nature of the costs involved; and (3) insofar as possible, the amount of the potential claim.
If the claim is based upon an act or failure to act by the Engineer, the said notice shall be given to the Engineer prior to the date when the Work giving r ise to the potential claim is commenced; in all other cases the said notice shall be given to the Engineer within 15 calendar days after the happening of the event, thing or occurrence giving rise to the potential claim.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 211
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 12 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions
The Contractor shall not be entitled to the payment of any additional compensation where the written notice of potential claim has not been given to the Engineer in the manner required by and within the time limitations of this section.
2-8 EXTRA WORK.
Add after the first (1
st) paragraph:
Any extra work performed by the Contractor without an approved Contract Change Order from the Engineer shall be at the Contractor's risk.
2-10 DISPUTED WORK.
Add the following Subsection:
2-10.1 Dispute and Resolution Process
Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non- binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, “Claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension in accordance with the General Specifications, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract for a public work and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
A. Claim Submittal
The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
B. Supporting Documentation.
The Contractor shall submit all claims in the following format:
(1) Summary of the claim, including ref erences to the specific Contract Document provisions upon which the claim is based.
(2) List of documents relating to claim: (a) Specifications, (b) Drawings, (c)
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 212
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 13 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions Clarifications (Requests for Information), (d) Schedules, and (e) Other. (3) Chronology of events and correspondence related to the claim. (4) Statement of grounds for the claim.
(5) Analysis of the claim’s cost, if any.
(6) Analysis of the claim’s time/schedule impact, if any.
C. City’s Response.
Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.
(1) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
(2) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
(3) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
D. Meet And Confer.
If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
E. Mediation.
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim,
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 213
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 14 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
(1) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
(2) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(3) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
(4) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
F. City’s Responses.
The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
G. Government Code Claims.
If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set fort h in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 214
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 15 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.
H. Civil Actions for Claims of $375,000 or Less.
The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(1) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non- binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
(2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(3) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitrati on where the arbitrator, for good cause, determines a different division.
(4) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 215
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 16 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions SECTION 3 – CONTROL OF THE WORK.
3-1 ASSIGNMENT.
Replace the first two sentences with the following:
The performance of the contract may not be assigned or subcontracted except upon written consent of the City. No such assignment shall be permitted which would relieve the original Contractor or the Contractor’s surety of responsibility under the contract.
3-1.1 Warranty of Title.
Add the following subsection:
No materials, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement or supplier. The Contractor warrants clear and good title to all materials, supplies, and equipment installed and incorporated in the Work and agrees upon completion of all work shall be delivered to the Project, together with all improvements and appurtenances constructed or placed as part of the Work by him/her, and further agrees that neither the Contractor nor any person, firm or corporati on furnishing any material or labor for any work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the City.
The provisions of this article shall be inserted in all subcontracts and material contracts, and notices of these provisions shall be given to all persons furnishing materials for the Work when no formal contract is entered into for such materials.
3-3 SUBCONTRACTORS.
Insert at the end of the first (1
st) Paragraph the following:
The Subcontractor’s work sh all be subject to the provisions of the contract documents and specifications.
The Contract may be assigned only on written consent of the City Council.
If a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the Project Engineer, the subcontractor shall be removed immediately on the requisition of the Engineer and shall not again be employed on the work.
Replace the second (2
nd) Paragraph with the following:
The Contractor shall submit w ith the bid proposal, a complete list of subcontractors, for the Engineer’s approval. The list shall include:
a) The name, address, telephone number and Email address of each subcontractor who will perform work included in the contract
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 216
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 17 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions b) California Contractor License number for each subcontractor c) Department of Industrial Relations (DIR) registration number d) The type of work that will be done by each subcontractor e) The value the subcontract
3-5 INSPECTION.
Delete the first (1st) and second (2nd) sentences and replace with the following:
The Work is subject to inspection and approval by the Engineer or the Public Works Inspector.
The Contractor shall notify the Inspector at least 48 hours in advance of when inspection is required, exclusive of weekends and holidays . The appointed Public Works Inspector and contact number will be provided on the second (2nd) page of the permit when issued.
Insert at end of Paragraph:
Defective work shall be made good, and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials may have been previously overlooked by the Engineer and accepted.
3-5.1 Cooperating Agencies.
Add the following subsections:
Any project undertaken by the Agency in cooperation with, or under the control or supervision of, another public or quasi -public entity shall be subject, at all times, to inspection by the participating entity
3-5.2 Final Inspection.
The Engineer will not make the Final Inspection until all Contract Work has been provided per the Contract Documents and the punchlist has been completed and corrections verified.
Following the final clean up and when the Contractor believes the Work has been completed the Contractor shall notify the Engineer to perform the Final Inspection. The Contractor may be present at the final inspection. The Contractor will be notified in writing of any outstanding defects or deficiencies to be remedied. When notified that correcti ve work is completed, the Engineer will again inspect the Work and when t he Engineer is satisfied all Contract Work has been provided and completed in accordance with the plans and specifications, the Engineer will recommend to the Council that the Work be formally accepted.
3-6 THE CONTRACTOR’S REPRESENTATIVE.
Add the following after the first (1
st) Paragraph:
The superintendent and any representatives, within reason, shall be satisfactory to the Engineer.
All directions of the Engineer shall be given in writing and shall be received and obeyed by the superintendent in charge of the particular work, reference to which orders are given; and all such directions given to the superintendent shall be as binding as if given to the Contractor in person.
3-6.1 Emergency Information
Insert the following subsection:
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 217
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 18 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Engineer and the County Sheriff's Department prior to beginning work.
3-7 CONTRACT DOCUMENTS.
3-7.1 General.
Insert at the end of the second (2
nd) paragraph:
It is the intent of these specifications and any related contract drawings that work performed under the contract shall result in a complete and fully operating system in satisfactory working condition with respect to the functional purpose of the installations.
Substitute the last paragraph with the following:
If the Contractor, either commencing work or in the course of the Work, finds any discrepancy between the Specifications and the Plans, or between either and the physical conditions at the site of the Work, or finds any error or omission in any of the plans, or in any survey, he shall promptly notify the Engineer in writing of any such discrepancy, error, or omission. If the Contractor observes that any plans or specifications are at variance with any applicable law, ordinance, regulation, order or decree, he shall promptly notify the Engineer in writing of such conflict.
The Engineer upon receipt of any such notice shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor, either directly or indirectly, after the discovery of such error, discrepancy, or conflict, shall be at the Contractor’s own risk, and he shall bear all costs arising therefrom.
Should it appear that the Work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained on the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Specifications, the Contractor shall consult the Project Manager for such further explanation as may be necessary and the Project Manager's decision shall be final and binding.
3-7.2 Precedence of the Contract Documents.
This section is replaced in its entirety with the following:
If there is a conflict between Contract Documents, the highest in precedence shall control.
The order of precedence shall be as follows:
a) Permits from other agencies as may be required by law. b) Change Orders and Supplemental Agreements; whichever occurs last. c) Contract/Agreement between City and Contractor
d) Addenda
e) Notice Inviting Bids
f) Bid Schedule
g) Project Special Provisions and Technical Specifications h) Project Plans, detailed plans shall have precedence over general plans i) City of Chino Standard Specifications and Plans
j) Reference Specifications and Plans (including but not limited to Standard Specifications for Publ ic Works Construction (Greenbook 2021 Edition) and the
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 218
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 19 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions Standard Plans for Public Works Construction (2021 Edition). Caltrans Standard Plans and Specifications latest revision. WATCH manual, latest revision.
In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of such conflicting portions of the Standard Specifications (with the exception of the Caltrans Standard Plans and Specifications for Traffic Signal requirements, these shall take precedence over the Special Provisions and the Standard Specification, City of Chino Standard Specifications and Plans).
3-7.3 Plans.
Add the following subsections:
Included as part of the Contract Documents are the following, which show the location, character, dimensions or details of the Work:
1) Project Plans – Drawing No. AA – 5930, Sheets totaling: 18
2) City of Chino Standard Plans and Specifications (included in the Appendix)
3-7.4 Specifications. The Work shall be constructed or done in accordance with these Special Provisions and the following:
1. “Specifications” refers to the Standard Specifications for Public Works Construction, 2021 Edition (the “Greenbook ”). The Stand ard Specifications are written and promulgated by Public Works Standards, Incorporated. Copies of the Standard Specifications are available from the publisher, BNi Building News, Division of BNi Publications, Inc., 990 Park Center Drive, Suite E, Vista, CA 92801, (760) 734- 1113.
3-8 SUBMITTALS.
3-8.1 General.
The following is added in its entirety after the first paragraph:
Promptly after the Notice to Proceed has been received by the Contractor, the Contractor shall provide to the Project Manager a complete list of names and addresses of all suppliers of materials to be used for the Contract.
The Contractor shall submit all submittals required for the Work to the Engineer for review at the preconstruction meeting which will be held following the Notice of Award and prior to the Notice to Proceed.
The Contractor is ultimately responsible for the accuracy and completeness of the information contained in the submittal. All Contractor submittals shall be reviewed by an authorized representative of the Contractor, prior to submission to the Engineer for review. The Contractor shall review the submittal for correct and strict conformance with the Specifications and Contract Drawings. No consideration for review by the Engineer of any Con tractor submittals will be made for any items which have not been certified by the Contractor. All non-certified submittals will be returned to the Contractor without action taken by the Engineer, and any delays caused thereby shall be the total responsibility of the Contractor.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 219
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 20 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions The Engineer’s review of the Contractor’s submittals shall not relieve the Contractor of the entire responsibility for the correctness of details and dimensions. The Contractor shall assume all responsibility and risk for any misfits due to errors in the Contractor submitted submittals. Any fabrication or other Work performed in advance of the receipt of Approved submittals shall be entirely at the Contractor’s risk and expense. The Contractor shall be responsible for the dimensions and the design of adequate connections and details.
Revisions indicated on submittals shall be considered as changes necessary to meet the requirements of the contract drawings and specifications and shall not be taken as the basis of claims for Extra Work.
3-8.1.1 Submittal Transmittal. Accompany each submittal with a Submittal Transmittal (only one submittal package per transmittal) form, which contains the following information:
1. Contractor’s name, address, telephone number, the name of the Subcontractor or supplier who prepared the submittal.
2. The Project Name and Project Number.
3. Description of the submittal with reference to the Contract requirement or specification section and paragraph number being addressed.
4. The General Contractor certification stamp shall be affixed to all submittals and shall contain the information as follows:
“SAMPLE SUBMITTAL STAMP”
GENERAL CONSTRUCTION CO. – SUBMITTAL REVIEW
THIS SUBMITTAL HAS BEEN REVIEWED BY THE CONTRACTOR
FOR COMPLIANCE WITH THE CONTRACT DOCUMENTS AND
COORDINATION OF THE WORK.
PROJECT NUMBER: XX – XXX
PROJECT NAME: XXXXXX XXXXXX XXXXX
BY: JOE CONTRACTOR, PROJECT ENGINEER
SIGNATURE: DATE: XX/XX/XXXX
SUBMITTAL NO: XX.YY.NNN-N.N.N
COMMENTS:
5. All submittals (with the exception of the Traffic Control Plan, Schedule and SWPPP Plan) shall be presented for review at the preconstruction meeting.
6. Submittals shall be assigned a sequential number and numbered in the following format: XX.YY.NNN-N.N.N
XX = the sequential submittal number
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 220
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 21 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions YY = the sequential number of the submittal (01 for the first submittal review, 02 for the second submittal review, etc)
NNN-N.N.N = Identifies the specification section number for the required submittal
7. All pages are to be numbered in the following format: Page xx of Total Pages. 3-8.1.2 Electronic Submittals. Electronic submittals are preferred, shall be in PDF form with the required transmittal included. The Contractor shall provide four (4) hard copies to the Engineer at the Preconstruction Meeting, and submit electronically.
Following the Engineer’s review and approval: one (1) copy will be retained by the City and three (3) copies will be returned to the General Contractor; one (1) copy shall remain at the active construction site for use by the Engineer or the Inspector, one (1) shall become a record copy for the Contractor and one (1) shall be supplied to the subcontractor or material supplier or material manufacturer. 3-8.1.3 Hard Copy Submittals. Submittals submitted as hard copies, provide four (4) hard copies for review:
Following the Engineer’s review and approval: one (1) copy will be retained by the City and three (3) copies will be returned to the General Contractor; one (1) copy shall remain at the active construction site for use by the Engineer or the Inspector, one (1) shall become a record copy for the Contractor and one (1) shall be supplied to the subcontractor or material supplier or material manufacturer. 3-8.1.4 Submittal Samples.
a) Unless otherwise specified, whenever the specifications call for actual material samples to be submitted, the Contractor shall submit not less than 3 samples of each item or material to the Engineer for approval at no additional cost to the City. b) Samples shall be submitted for approval with the submittal package at the Preconstruction Meeting. The Samples shall be submitted with enough time allotted for review so that the Work dependent on the materials or equipment can be assembled and reviewed without causing delays in the Work.
c) All samples shall be individually and indelibly labeled or tagged, indicating all specified physical characteristics and manufacturer’s names for identification and submittal to the Engineer for approval. Upon receiving the approval of the Engineer the Contractor will receive two (2) samples, one (1) for the jobsite which will remain at the site until the completion of the work; and (1) for the Contractor’s office use. d) Colored concrete samples shall be 3” x 3” square and approximately 1” thick. 3-8.1.5 Review Comments and Contractor Resubmittal Requirements. a) No Exceptions Taken: formal revision and resubmission of said submittal will not be required.
b) Make Corrections Noted: formal revision and resubmission of said submittal will not be required.
c) Submit Specified Item: the Contractor shall revise said submittal with the specified item and submit to Engineer for review.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 221
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 22 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions d) Revise and Resubmit: the Contractor shall revise said submittal and submit to Engineer for review.
e) Information Only:
f) Rejected: the Contractor shall revise said submittal and submit to Engineer for review.
The following is added after the last paragraph:
Submittals shall be submitted to:
City Appointed Project Manager
All material submittals and construction schedule submittals shall be submitted prior to the commencement of the Work unless otherwise approved by the Project Manager. Refer to Section 6- 1, “Construction Schedule and Commencement of the Work,” for specific requirements relating to the construction schedule. No work shall begin until the construction schedule has been approved by the Project Manager.
No work shall begin on the respective items of work that require a submittal until the submittals for those items of work have been approved in writing by the City.
3-8.4 Supporting Information
Replace last sentence of first (1
st) paragraph with:
If resubmittal is not required, one copy will be returned to the Contractor.
Insert after the first (1
st) paragraph the following:
The Contractor shall submit a signed verification from each source of supply for each construction material employed on this project indicating that the material meets the specification requirements.
The Contractor shall retain one copy of all approved material lists and samples at the job site, readily accessible by the Engineer. Said materials lists and samples shall be the basis for approval or rejection of work.
Insert at the bottom of the List for Supporting Information:
n) Disinfection Procedures, chemical supplier and testing laboratory.
3-8.7 Record Drawing (As Builts)
Add the following subsection:
The Contractor shall maintain, on the job site, a set of full size reproducible contract drawings, or a set of full size blueline or blackline prints. On these he shall mark all as built conditions, locations, configurations, and other detail s, which may vary from the details represented on the original drawings. This master record of as built conditions, including all revisions made necessary by addenda, change orders, and the like, shall be maintained and are up to-date during the progression of work.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 222
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 23 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions Upon completion of the Work and prior to final acceptance, the complete set of contract drawings, marked up to show as -built conditions, shall be delivered to the Owner. These drawings shall be known as "Record Drawings."
Full compensation for conforming to the requirements of Section 3-8.4.1 shall be considered as included in the various items of work involved and no additional compensation shall be allowed therefore.
3-8.8 Traffic Control Plans
Add new Subsection:
3-8.8 Traffic Control Plans
Add new Subsection:
Unless provided by the City, WATCH Manual traffic control or traffic control plans will be required for work within the Public Right of Way, as specified in the Bid Schedule.
If the Contractor is required to prepare detailed Traffic Control Plans (TCP) for all phases of construction. These plans must be stamped and signed by a qualified registered Traffic or Civil Engineer registered in the State of California and shall be submitted to the Engineer for approval within 15 calendar days after executing the Agreement. The TCP shall include the expected number of working days that each phase will be in place and shall include pedestrian and bicycle detour. Refer to 601 for specific requirements. Allow three (3) weeks (21 calendar days) for the first review of su bmitted traffic control plans, two (2) weeks (14 calendar days) for second and third check, and one (1) week (7 calendar days) for a fourth plan check. If the TCP is returned with comments and required to be corrected and resubmitted, the corrected TCP must be resubmitted within seven calendar days upon being returned to the Contractor.
If the TCP must be corrected and submitted three or more times, a $500 minimum to $750 maximum review fee for each additional review shall be deducted from the Contractor’s first progress payment for each additional submittal/resubmittal.
The Notice to Proceed - Construction (NTP) shall not be issued until the Traffic Control Plans are approved, if required by the Contract documents. Within 15 days after the Contractor receives the Notice of Award, Traffic Control Plans must be submitted for review and approval by the PW Traffic Section and/or Development Services Divisions of City of Chino prior to commencement of work. If the Contractor has not proceeded nor obtained an approved Traffic Control Plan from the City within fifty -five (55) calendar days of Notice of Award, a Notice to Proceed for Construction will be issued on the next business day.
3-10 SURVEYING
Replace Subsection 3-10.1 General with:
3-10.1 General. The Contractor shall establish all reference points , survey all lines, right of way and grades necessary for the execution of the Work and maintain the integrity of all survey stakes and marks for the duration of their usefulness. The Contractor’s surveyor shall field verify all existing centerline ties, and shall be responsible for securing and submitting to the City all survey records necessary to establish any centerline tie monument.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 223
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 24 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions The Contractor shall be responsible to provide a California Licensed Surveyor for all construction surveying as needed for completion of the project.
Drive approaches and sewer lines shall be staked at the same time. No sewer laterals shall pass under a drive approach or driveway.
3-10.2 Line and Grade.
Replace Subsection 3-10.2 Line and Grade with:
All work, including finished surfaces, shall during its progress and upon completion conform to the City’s right of way boundary, lines, grades, cross sections, elevations and dimensions shown on the Plans. All distances and measurements are given thereon and shall be made in a horizontal plane. Three (3) consecutive points set on the same slope shall be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it sh all be reported to the Engineer through the Contractor . The Contractor is responsible for any errors in the finished work. Minor deviations from the approved Plans, whenever required by the constraints of construction, shall be approved by the Engineer and authorized in writing.
The Surveyor performing the construction related staking for the Project shall provide the following stakes as needed to complete the Work:
STAKE TYPE STAKE REQUIREMENTS
Clearing and Grubbing Show limits of Work at fifty foot (50’) maximum intervals and at angle points
Slope Show rough grading for slopes at fifty foot (50’) maximum intervals
Rough Grade Show rough grading for road subgrade on centerline at fifty foot (50’) maximum intervals and on slopes as needed to achieve cut of fill to finished grade as indicated on a grade sheet Drainage Structure Two (2) front corners with line stakes with ten foot (10’) maximum offset, invert elevations in and out, and information for top of structure elevation
Pipelines (storm drain,
sewer, water, etc.)
At twenty five foot (25’) maximum intervals for invert elevation or top of pipe; also at change of alignment or grade.
Sewer and Storm
Drain Manholes
Centerline, invert elevations in and out, and top of rim Road Base Establish finish base grade at centerline of street and intersections, provide “blue tops” at fifty foot (50’) maximum on centerline of street and at ten to fifteen foot (10’ – 15’) grids within intersections
Finish Asphalt Grade At twenty five foot (25’) maximum intervals for irregular asphalt cuts and fills to set leveling surfaces and at ten to fifteen foot (10’ – 15’) grids within intersections with additional stakes for landings at the bottom of curb ramps
Curb and Gutter At twenty five foot (25’) maximum in tervals and at the top of driveway entrance wings
Curb Return At each quarter (1/4) delta with a stake at the curb return radius point
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SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 25 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions
STAKE TYPE STAKE REQUIREMENTS
Curb Ramp Top and bottom of curb transitions, lip of depressed gutter, finished surface at four (4) corners of top landing and transitions Driveway Centerline and wings (join lines if matching to existing) Street Light and Traffic
Signal Poles
Five to seven foot (5’ – 7’) maximum offset showing centerline of poles
Surveyor performing construction control surveying/ staking shall provide one (1) copy each of all grade sheets to the Engineer through the Contractor.
The cost to reset construction survey stakes lost or destroyed during construction operations shall be the responsibility of the Contractor, no separate or additional payment shall be allowed.
3-10.3 Payment.
Full compensation for conforming to the requirements of Section 3-10 shall be considered as included in the various items of work involved and no additional compensation shall be allowed.
3-11 CONTRACT INFORMATION SIGN.
Insert after first (1
st) Paragraph:
Informational Project Signs shall be posted at least 3 Days prior to start of construction and remain posted until the final job walk is completed. The signs shall then be removed and properly disposed. Contractor shall be responsible for the maintenance of these signs until removed. Full compensation for the informational project signs, including construction, deployment, maintenance, removal, and furnishing of all necessary labor, e quipment, materials, and all other related costs shall be considered as included in the Lump Sum Bid Price for Traffic Control Implementation. Payment for the Informational Project Signs shall be paid under the Contract Lump Sum Price at 90% for the compl eted installation of the signs and 10% for the removal and disposal of the signs upon completion of the Work.
3-12 WORK SITE MAINTENANCE.
3-12.1 General.
Substitute the second, third and fourth paragraphs with the following:
3-12.1.1 Cleanup and Dust Control
Contractor and all subcontractors are required to clean up the project site on a daily basis.
This cleanup shall include, but not be limited to, street sweeping by a mechanical sweeper and/or by hand (depending on the size of the daily job or cleanup), removal of all construction material that is no longer needed on the job site, daily removal of all construction rubbish or /trash away from the job site and proper storage of all construction equipment including traffic control devices that are not in use. Failure to comply with these daily cleanup requirements may result in the City performing the cleanup work and deducting the cost from the Contractor’s payment(s).
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 225
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 26 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions Upon completion and before making application for Acceptance of the Work, the Contractor shall clean all Project areas occupied during construction of the Work and the Project site. The Contractor shall remove all rubbish, excess construction materials, temporary structures, and equipment. All parts of the Work area shall be left in a neat and presentable condition.
The Contractor shall remove and dispose of all structures, debris, or other obstructions to the construction of the Work as specified. Where such obstructions consist of improvements not required by law to be removed by the owner thereof, all such improvements shall be removed, maintained, and permanently replaced by the Contractor at the Contractor’s expense as required for performance of the Work.
3-12.1.2 Trash Collection Requirements.
Add the following Subsection:
The City of Chino has an exclusive contract with Waste Management for all solid waste collection and hauling services within the City. The Contractor shall be responsible for making arrangements with Waste Management for disposal of any and all construction debris or trash generated as a result of the project. Waste Management can be reached at 1-800-423-9986.
No other trash haulers are permitted to provide service in the City of Chino. Unauthorized refuse haulers supplying service in Chino will be subject to a $1,000 fine for each occurrence.
3-12.1.3 Payment.
Add the following Subsection:
Full compensation for conforming to the requirements of Section 3-12 shall be considered as included in the various items of work involved and no additional compensation shall be allowed therefore. Unless in the Bid Items there is a separate Bid Item for any Subsections included in Section 3-12 (example: Prepare SWPPP and Implementation of Erosion Control Measures (SWPPP, BMPs)).
3-12.4.2 Storage in Public Streets.
Delete Section and Insert:
Stockpiling and/or storage of materials or equipment on any public right -of-way or parking areas will not be allowed without specific permission of the Engineer. Materials spilled along or on said right -of-way or parking area shall be removed completely and promptly. All stockpile and/or storage areas shall be kept in a safe, neat, clean and orderly fashion, and shall be restored to equal or better than original condition upon completion of the Work, or as directed by the Engineer.
No material or equipment shall be stored where it will interfere with the safe passage of public traffic, at the end of each day’s work, and at any other time when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by the public traffic.
3-12.5.3 Spill Prevention and Emergency Response Plan.
Insert after last Paragraph:
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 226
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 27 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions In addition to the requirements of 3- 6 of the Greenbook General Provisions and the General Provisions of the Special Provisions the Contractor is to provide direct phone numbers (no voicemail) for three (3) Contractor Representatives who shall be accessible and available at all times to respond immediately to any construction related emergency.
3-12.6.2 Best Management Practices (BMP’s).
Insert as first (1
st) and second (2nd) Paragraphs:
If the construction activity disturbs less than one acre of land, the Contractor shall still apply BMPs to reduce to the maximum extent practicable, pollutants in storm water/urban runoff and non- storm discharges from the construction site both during and after construction is completed under this Contract.
If the Project construction activities disturb more than one (1) acre of land, or is part of a larger common plan of development that encompasses one or more acres of soil disturbance a Storm Water Pollution Prevention Plan (SWPPP) will be required. See Subsection 3- 12.6.3 “Storm Water Pollution Prevention Plan (SWPPP)”.
The Contractor shall not start work until the Erosion/Storm Water Pollution Prevention Plan and construction site controls are in place and approved by the Engineer.
3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP)
Replace the Section in its entirety with the following:
A Storm Water Pollution Prevention Plan, hereafter referred to as the “SWPPP,” is required for this Contract if the construction activity will result in the disturbance of more than one acre of land, or i s part of a larger common plan of development that encompasses one or more acres of soil disturbance. The SWPPP shall conform to the requirements of the latest version of applicable General Construction Activity Permits and these Special Provisions and shall be prepared by a Qualified SWPPP Developer as defined in said Permit. Upon the Engineer’s approval of the SWPPP, the LRP or Approved Signatory will submit the Permit Registration Documents (PRDs) to the Regional Water Quality Control Board (Regional Board). PRDs shall include the NOI, Site Map, and Project Risk Assessment.
No work shall be performed until the SWPPP has been approved by the LRP or Approved Signatory, and the (PRDs) have been submitted to the Regional Board. The Engineer will provide the Contractor with the Waste Discharge Identification (WDID) when it is issued by the Regional Board.
Within 15 days after the award of the contrac t, the Contractor shall submit 2 copies of the SWPPP to the LRP or Approved Signatory. The Contractor shall allow 7 calendar days for the LRP or Approved Signatory to review the SWPPP. The LRP or Approved Signatory will return 1 copy to the Contractor. If revisions are required, as determined by the LRP or Approved Signatory, the Contractor shall revise and resubmit the SWPPP within 7 days of receipt of the LRP or Approved Signatory’s comments and shall allow 3 Working Days for the LRP or Approved Signatory to review the revisions. Upon the LRP or Approved Signatory’s approval of the SWPPP, 2 additional copies of the SWPPP, incorporating the requi red changes shall be submitted to the LRP or Approved Signatory.
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SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 28 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions The objectives of the SWPPP shall be to identify potential pollution sources that may adversely affect the quality of storm water discharges associated with all phases of the Project and to identify, construct, implement and maintain best management practices, hereafter referred to as BMP s, to reduce or eliminate to the Best Available Technology Economically Achievable (BAT) and Best Conventional Pollutant Control Technology (BCT), pollutants in storm water/urban runoff and non- storm water discharges from the construction site both during and after construction is completed under this contract.
a) General
This Project lies within the boundaries of the Santa Ana Hydrologic Basin Area, which is subject to the requirements of the Santa Ana Regional Water Quality Control Board. The Project shall conform to the following requirements:
• Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of S an Bernardino, and the Incorporated Cities therein (Order No. R8-2010-0036, NPDES No. CAS618036).
• City Ordinance No. 2011- 07, Chapter 13.25 (Stormwater Drainage System Regulations).
In order to ensure a minimum level of water quality control is employed, the Contractor shall effectively implement and maintain appropriate Construction Site BMPs, as shown in Table 3-12.6.3 (A) and shall comply with the following requirements:
1) Sediments shall not be discharged to the storm drain system or receiving waters.
2) Sediments generated on the Project site shall be contained within the Project site using appropriate BMPs.
3) No construction-related materials; waste, spills, or residue shall be discharged from the Project site to streets, drainage facilities, receiving waters, or adjacent property by wind or runoff.
4) Non-storm water runoff from equipment, vehicle washing, or any other activity shall be contained within the Project site using appropriate BMPs.
5) Erosion from exposed topsoil slopes and channels shall be prevented.
6) Minimize grading during the wet season. All erosion susceptible slopes shall be covered, planted, or protected in any way that prevents sediment discharges from the Project site.
Table 3-12.6.3 (A)
Construction Site BMPs (1)
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SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 29 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions ID BMP Name Minimum
Requirements
Temporary Soil Stabilization X
EC-1 Scheduling (2) X
EC-2 Preservation of Existing Vegetation (2)
EC-3 Hydraulic Mulch
EC-4 Hydroseeding
EC-5 Soil Binders
EC-6 Straw Mulch
EC-7 Geotextiles, Plastic Covers, & Erosion Control Blankets/Mats EC-8 Wood Mulching
EC-9 Earth Dikes/Drainage Swales & Ditches
EC-10 Outlet Protective/Velocity Dissipation Devices
EC-11 Slope Drains
Temporary Sediment Control
SE-1 Silt Fence
SE-2 Sediment Basin
SE-3 Sediment Trap
SE-4 Check Dam
SE-5 Fiber Rolls
SE-6 Gravel Bag Berm
SE-7 Street Sweeping and Vacuuming (2) X
SE-8 Sandbag Barrier (2) X
SE-9 Straw Bale Barrier
SE-10 Storm Drain Protection (2) X
Wind Erosion Control
WE-1 Wind Erosion Control (2)
Traffic Control
TC-1 Stabilized Construction Entrance/Exit (2) X
TC-2 Stabilized Construction Roadway X
TC-3 Entrance/Outlet Tire Wash
Non-Storm Water Management
NS-1 Water Conservation Practices X
NS-2 Dewater Operations
NS-3 Paving and Grinding Operations X
NS-4 Temporary Stream Crossing
NS-5 Clear Water Diversion
NS-6 Illicit Connection/Illegal Discharge Detection and Reporting (2) NS-7 Potable Water/Irrigation
NS-8 Vehicle Equipment Cleaning (2) X
NS-9 Vehicle Equipment Fueling (2) X
NS-10 Vehicle Equipment Maintenance (2) X
Waste Management and Material Pollution Control
WM-1 Material Delivery and Storage (2) X
WM-2 Material Use (2) X
WM-3 Stockpile Management (2) X
WM-4 Spill Prevention and Control (2) X
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 229
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 30 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions ID BMP Name Minimum
Requirements
WM-5 Solid Waste Management (2) X
WM-6 Hazardous Waste Management
WM-7 Contaminated Soil Management
WM-8 Concrete Waste Management X
WM-9 Sanitary/Septic Waste Management (2) X
WM-
10 Liquid Waste Management
(1) Additional BMPs may be required as a result of actual field conditions, Contractor activities, or construction operations.
(2) As required on all projects as determined by the City.
The Contractor shall consider the objectives and minimum requirements listed in the latest General Construction Activity Permit for each of the above categories. When minimum requirements are listed for any category, the Contractor shall incorporate into the SWPPP and implement on the Project, one or more of the listed minimum controls required in order to meet the BMP objectives for the category. In addition, the Cont ractor shall consider other BMP’s presented in the referenced handbooks and shall incorporate into the SWPPP and implement on the Project the control measures necessary to meet the objectives of the SWPPP. The Contractor shall document the selection process in accordance with the procedure specified in the referenced handbooks.
The SWPPP shall include, but not be limited to, the following administrative items as described in the referenced handbooks and Permits:
1) Source Identification;
2) Erosion and Sediment Controls;
3) Non-Storm Water Management;
4) Waste Management and Disposal;
5) Maintenance, Inspection and Repair;
6) Training;
7) Risk Assessment (Appendix C)
8) Signed Certification Statement
9) List of Contractors and Subcontractors;
10) Post-Construction Storm Water Management;
11) Qualified SWPPP Developer and Qualified SWPPP Practitioner; 12) A copy of the Notice of Intent (NOI) submitted by the Owner/Legally Responsible Person (LRP) or Approved Signatory;
13) Copy of the Local Permit;
14) BMP Consideration Checklist;
15) SWPPP Checklist;
16) Calculations for Site Run-on
17) Schedule of Values and Construction Schedule;
18) Water Pollution Control Drawings;
19) Construction Site Monitoring Program;
20) Rain Event Action Plan (REAP), if applicable; and
21) Active Treatment System (ATS) plan, if applicable.
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SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 31 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions
The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal stor m drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permits, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, reducing pollutants in storm water discharges. Amendment shall show additional control measures or revised operations, including those in areas not shown in the initially approved SWPPP, which ar e required on the Project to control water pollution effectively. Amendments to the SWPPP shall be submitted to the LRP or Approved Signatory in the same manner specified for the initially approved SWPPP. Approved amendments shall be dated and logged in the SWPPP. The Contractor shall implement these additional control measures or revised operations.
The Contractor shall keep a copy of the SWPPP and approved amendments at the Project site. The SWPPP shall be made available upon request of a representati ve of the Owner, State or Regional Water Quality Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer.
Pursuant to National Pollution Discharge Elimination S ystem (NPDES) requirements which fall under the jurisdiction of the State Water Resources Control Board, all materials or wastes (e.g. A.C., concrete, fill material, waste water) which could be washed or otherwise discharged into the storm water system shall be contained. Contractor is required to confine such substances and activities generating such substances to an area specified by the Owner.
Contractor shall take appropriate measures, including construction temporary erosion control measures as necessary to ensure confinement. This shall be addressed in the SWPPP.
The Contractor shall provide erosion control as appropriate during the course of the Contract.
Before the Notice of Completion, all erosion control materials shall be removed and properly disposed of by the Contractor as directed by the Engineer.
Upon approval of the SWPPP, the Contractor shall be responsible throughout the duration of the Project for installing, constructing, inspecting, documenting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the LRP or Approved Signatory or specified in these Special Provisions, the Contractor’s responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 8- 1.05, “Temporary Suspension of Work,” of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the Handbook and these Special Provisions.
Implementation of soil stabilization practices and sediment control measures for soil disturbed areas of the Project site shall be completed upon start of applicable construction activities.
Disturbed soil areas of the Project site shall be considered to be nonactive whenever soil disturbing activities are expected to be discontinued for a period of 14 or more days. Areas that will become nonactive shall be fully protected with soil stabilization practices and sediment control measures within 14 days of the discontinuance of soil disturbing activities.
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SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 32 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions
Active disturbed soil areas of the Project site shall be fully protected at the end of each day with soil stabilization practices and sediment control measures. The weather forecast shall be monitored by the Contractor on a daily basis through the National Weather Service Forecast at http://www.srh.noaa.gov/forecast. The National Weather Service forecast shall be used, or an alternative weather forecast proposed by the Contractor may be used if approved by the Engineer. If precipitation is predicted prior to the end of the following work day, construction scheduling shall be modified, as required, and the Contr actor shall deploy functioning control measures prior to the onset of the precipitation. If applicable to the Project, the Contractor shall prepare a Rain Event Action Plan (REAP) 48 hours prior to any likely precipitation event, which is defined as greater than or equal to 50- percent probability, and implement the REAP no later than 24 hours prior to the likely precipitation event.
The Engineer may order the suspension of construction operations which create water pollution if the Contractor fails to conform to the requirements of this section “NPDES Requirements” as determined by the Engineer.
The LRP or Approved Signatory may order the suspension of construction operations which create water pollution if the Contractor fails to conform to the requir ements of this section “NPDES Requirements” as determined by the LRP or Approved Signatory.
As required in the Permits, to ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the constr uction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reiterate any measures that have been discontinued.
The construction site inspection checklist provided in the referenced handbooks shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall provide the completed inspection form to t he Engineer each week and include a copy in the Contractor’s on- site SWPPP.
Inspections of the construction site shall be conducted by the Contractor to identify deficient measures as prescribed in the applicable Monitoring and Reporting requirements in the latest General Construction Activity Permit:
The Contractor shall conduct Non- Storm Water Discharge Monitoring and Storm Event Sampling and Analysis as applicable to the Project, in accordance with the latest General Construction Activity Permit. The Contractor shall promptly submit all certified sampling results to the Engineer for submittal to the Regional Water Board as required by the Permit and retain a copy in the Contractor’s on-site SWPPP.
The Contractor shall submit the Annual/Final Report f or the Work in accordance with the General Construction Activity Permit. The Annual/Final Report shall be submitted for review and certification to the Engineer no later than August 1 st of each year.
If the Contractor, LRP or Approved Signatory identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the
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SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 33 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions Contractor immediately, or by a later date and time if requested by the Contrac tor and approved by the LRP or Approved Signatory in writing, but not later than 72 hours after identification of the deficiency. The correction of deficiencies shall be at no additional cost to the City.
If the Contractor or Engineer identifies a defi ciency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and approved by the Engineer in writing, but not later than 72 hours after identification of the deficiency. The correction of deficiencies shall be at no additional cost to the City.
Water pollution control work shall conform to the requirements in the latest edition of the California Stormwater BMP Handbook and addenda thereto issued up to and including, the date of advertisement of the Project. The material in the BMP Handbook is also available online at cabmphandbooks.com on the Internet.
The Contractor shall become fully knowledgeable and fully comply with the applicable provisions of the BMP Manual, Permits and Federal, State and local regulations that govern the Contractor’s operations and storm water discharges from the Project site.
b) Year-Round Implementation Requirements.
The Contractor shall effectuate a year -round program for implementing, inspecting, and maintaining water pollution control practices for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and materials pollution control. At least on an annual basis, the Contractor, subcontractors, and their employees shall review and demonstrate their understanding of applicable stormwater pollution prevention educational material including but not limited to materials provided by the San Bernardino County Stormwater Program. This material is available on the website located at:
www.sbcounty.gov/stormwater/educational_materials.htm
. The Contractor shall also ensure
that this activity is properly recorded and made available for review by the City or other inquiring public agents.
Soil stabilization, erosion and sediment control practices conforming to the “Minimum Requirements” specified in Table 7- 8.6.2 (A) shall be implemented at all times during the construction of this Project.
c) Maintenance
The Contractor shall be responsible throughout the duration of the Contract for installing, constructing, inspecting, maintaining, removing and disposing of the water pollution control BMPs. Unless otherwise directed by the Engineer, the Contractor shall be responsible for BMP implementation and maintenance throughout any temporary suspension of the Work. The Project site shall be inspec ted and findings recorded on a weekly BMP checklist by the Contractor as follows:
1) Prior to a forecast storm;
2) After a precipitation event which causes site runoff; 3) At 24 hour intervals during extended precipitation events;
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SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 34 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions 4) Routinely, a minimum of once each week.
d) Report of Discharge, Notices, or Orders.
If the Contractor identifies any discharge into receiving waters in a manner causing, or potentially causing, a condition of pollution, or if the Project receives a written notice or order from any regulatory agency, the Contractor shall so inform the Engineer within 24 hours. The Contractor shall submit a written report to the Engineer within 5 working days of the discharge event, notice or order. The report shall include the following information:
1) The date, time, location, nature of the operation and type of discharge, including the cause or nature of the notice or order.
2) The water pollution control practices deployed before the discharge event, or prior to receiving the notice or order.
3) The date of deployment and type of water pollution control practices deployed after the discharge event, or after receiving the notice or order, including additional measures installed or planned to reduce or prevent recurrence. 4) An implementation and maintenance schedule for any affected water pollution control practices.
e) Enforcement and Penalties.
The City, as the permittee, is subject to enforcement action by the State Water Resources Control Board (SWRCB), Environmental Protection Agency, private citizens and citizen groups.
The Contractor is subject to the enforcement provisions described in City Ordinance 94- 01, Chapter 13.25, Part V. The City will assess the Contractor a penalty of $1,000 for each calendar day that the Contractor does not fully implement or comply with the provisions set forth in these Special Provisions. The penalty will be deducted from the Contract progress payments due the Contractor if the Contractor is determined by the Engineer to be non-compliant.
The Contractor shall be responsible for the costs and for the liabilities imposed by law as a result of the Contractor’s failure to comply with these Special Provisions. Costs and liabilities include, but are not limited to, fines, penalties and damages whether assessed against the City or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. In addition, the City will deduct, from any monies due the Contractor, the total amount of any legal fees, staff costs, and consultant fees as a result of the Contractor’s non-compliance with these Special Provisions.
The Contractor shall notify the Engineer immediately following receipt of a request from any jurisdictional regulatory agency, to enter, inspect, sample, monitor or otherwise access the Project site or the Contractor’s records pertaining to water pollution control.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.1 Completion.
Replace the last sentence in the paragraph with the following:
This will be the date when the Contractor is relieved from responsibility to protect and maintain the Work and to which liquidated damages will be computed, unless specified otherwise by a:
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 234
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 35 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions Maintenance Agreement, Development Agreement, Subdivision Agreemen t, Public Improvement Agreement, Project Conditions of Approval or any other document specifying such.
3-13.2 Acceptance.
Add the following to the end of the Section:
For the purpose of this article, "formal acceptance of the Work by the Council" shall mean the acceptance of the Work by the City, but not for the purpose of extinguishing any covenant or agreement on the part of the Contractor to be performed or fulfilled under this contract which has not, in fact, been performed or fulfilled at the time of such acceptance all of which covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled.
3-13.3 Warranty
Replace the second (2
nd) sentence of first (1st) paragraph with:
The Contractor shall warrant and guarantee the entire Project for a period of one year commencing on the date of formal acceptance of the Work by the Council.
Insert at the end of the second (2
nd) paragraph:
… and delivered to the Engineer by the Contractor prior to final acceptance of the Work.
Replace last paragraph with:
The Contractor shall, upon the receipt of written notice from the City, promptly make all repairs arising out of defective materials, workmanship or equipment, including repair of settled backfill and resurfacing, and bear the cost of such repairs. If the Contractor does not make the repairs after 10 days of the notice, the City is hereby authorized to make such repairs and the Contractor and Surety shall bear the cost.
In the case of an emergency where, in the opinion of the City, the delay could cause serious loss or damage, repairs may be made with out written notice being sent to the Contractor or Surety, and all expense in connection therewith shall be charged to the Contractor and Surety.
The foregoing obligations shall be secured by W arranty Bond, per Section 1- 7.2 – CONTRACT BONDS, in a form approved by the City Engineer in an amount not less than ten percent (10%) of the contract price, or $2,000.00, whichever is greater, and shall be delivered to the City Engineer prior to issuance of Notice to Proceed for Construction.
This article does not, in any way, limit the guarantee on items for which a longer guarantee is specified or on any items for which a manufacturer gives a guarantee for a longer period, nor does it limit other remedies of the City in respect to latent defect, fraud, or implied warranties.
Contractor’s bonds shall remain in force during the warranty period. Payment for fulfilling the requirements of this section shall be considered as included in the prices for various Contract items of work and no additional compensation shall be allowed therefore.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 235
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 36 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions SECTION 4 – CONTROL OF MATERIALS
4-2 PROTECTION.
Insert at end of first (1st) paragraph:
No materials shall be stored in the public right-of-way.
Insert the following after the first (1
st) Paragraph:
All packaged, manufactured products or materials for use in the Project shall be delivered to the site in their original unopened containers, bearing the Manufacturer’s name and the brand name of the product. Whenever any product or material is selected to be used in the Project, all such items shall be of the same manufacturer, brand and type throughout the Project.
4-2.1 Contractor’s Responsibility.
Add the following Subsection:
The Contractor shall have the charge and care of the Project Limits until the formal acceptance of the Project by City Council and will be at risk for loss or damage to any part of the Work by the action of the elements or from non- execution of the Work. The Contractor shall rebuild, repair, restore any and all damages to completed Work and areas within the Project Limits after the commencement and before the final acceptance of the Work at their expense, with the exception of damages as are occasioned by acts of the Federal Government or the public enemy. In the case of the Suspension of Work, per Section 6 -6, the Contractor shall be responsible for all materials stored on site, if necessary, shall erect or provide a temporary protective structure.
4-4 TESTING.
Insert the following before the first paragraph:
All materials proposed for use may be tested at any time during their preparation and use. If, after trial, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approve sources. After approval, any material which becomes unfit for use due to improper storage, handling, or any other reason, shall be rejected.
Delete the following and Insert:
Delete: “Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be specified in the Special Provisions.”
Insert:
4-4.1 Soils and Rock Products, Asphalt and Portland Cement Concrete (PCC) Testing.
Laboratory testing shall be performed by the Agency’s contracted Geotechnical firm at the Agency’s expense when the results meet or exceed the required results for application (i.e.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 236
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 37 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions compaction under roadway, sidewalks, curb and gutter at 95%, trench backfill at 90% around pipe structures, etc.). In the case of failures and all related failure compaction retests shall be performed at the contractor’s expense. The Contractor shall make allowances in the construction procedure to permit testing of the Work in progress by the Engineer and no additional or separate compensation shall be paid to the Contractor for delays due to testing.
The Contractor shall notify the Engineer or Inspector 24 hours or one (1) business day advance notice to schedule the Laboratory for testing. The results shall be forwarded to the Contractor (at his request) by the Engineer.
No base, concrete or pavement shall be placed before the subgrade, subbase, base and fill have been compacted, tested and approved.
Testing of any cast in place structure or concrete surface improvement may include slump tests, air content and compressive strength. The Contractor shall maintain and secure all samples on the Project site (if required by the Geotechnical firm) for later pickup. The samples shall be available to the Engineer for inspection and evaluation during normal business hours.
Add to last sentence second (2
nd) paragraph:
… and type of material.
4-4.1 DEFECTIVE MATERIALS.
Add the following Subsection:
All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No rejected materials, the defects of which have been subsequently corrected, shall be used until approval in writing has been given by the Engineer. Upon failure of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have the authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 237
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 38 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS.
Add the following subsection:
5-1.1 Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be ins erted herein, and the contract shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthw ith be physically amended to make such insertion or correction.
5-2.2 Examination and Audit. All documents and records that relate to this Agreement shall be maintained for a period of three years after final payment is received by the Contractor. If the records are subject of an audit they shall be available for examination, that the request of the City and/or the State Auditor for the period of three years.
5-2 SPECIAL NOTICES.
Add the following subsection:
5-2.1 Notices from the Contractor. Any notice given by the Contractor to the Agency under this Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notices shall not be effective for any purpose whatsoever unless served in the following manner, namely:
Public Works, Engineering Department
Attention: Director of Public Works
13220 Central Avenue
P. O. Box 667
Chino, California 91710-0667
Notice shall be given to the Contractor, by personal delivery thereof to Contractor or to the Contractor’s authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope addres sed to Contractor at the address established for the conduct of the Work under this contract, postage prepaid and registered.
5-3 LABOR.
5-3.1 General.
Insert after second (2
nd) Paragraph:
When any portion of the Work that has been subcontracted by the Contractor is not being prosecuted in a satisfactory manner, the subcontractor for such work shall be terminated immediately by the Contractor upon written notice from the Engineer and said subcontractor shall not again be employed on that type of work.
There shall be no discrimination against any employee who is employed by the Contractor or any of the Contractor’s subcontractors or by any agent of the foregoing in the Work covered by this contract or against any applicant for such em ployment because of race, religion, color,
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 238
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 39 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions gender or national origin. This provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship.
5-3.3.1 Payroll Records.
Add the following Subsection:
All progress payments or invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first progress payment or invoice following the effective date of the rate change.
The Contractor's attention is directed to the following provisions of Labor Code Section 1776, “Payroll record of wages paid; Inspections; Forms; Effect of noncompliance; Penalties”. The Contractor shall be responsible for the compliance with these provisions by his firm and subcontractors.
(a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employ ees on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or for copies thereof.
However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 239
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 40 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to such records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.
(e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any publi c agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prev ent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number. (f) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copi es of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number.
(1) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision. (g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. (h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded,
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 240
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 41 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions forfeit one hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty asses sment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
5-4 INSURANCE.
5-4.1 General.
Add as first (1
st) Paragraph:
The Contractor or any Subcontractors for this Project shall not commence work under the Contract until the City has received and approved the required certificates for the policies listed in 5-4 INSURANCE.
Add after first (1
st) sentence of first (1st) Paragraph of 2021 Greenbook:
The City of Chino and any public entity or special district for which the City Council is the Governing Body, and their agents, officers and employees, shall not be responsible for any liability arising under this Contract.
5-4.1.1 Term of Coverage.
Add the following Subsection:
The Contractor shall obtain and maintain for the life of the Contract, General Liability Insurance (Section 5-4.2). The Contractor shall have the charge and care of the Project Limits until the formal acceptance of the Project by City Council and shall bear the liability of accident, loss or damage to any part of the Work.
5-4.1.2 Endorsements.
Add the following Subsection:
a) The City of Chino and any public entity or special district for which the City Council is the Governing Body, and their agents, officers and employees, shall be additional Insured(s) while acting within the scope of their duties against all claims arising out of or in connection with the work to be performed.
b) It is hereby understood and agreed that the Policy to which thi s certificate refers may not be canceled, materially changed, reduction to the amount of coverage or allow the policy to lapse until 30 days after receipt of registered notice (per Section 5-2 SPECIAL NOTICES) by the City Clerk of the City of Chino, 13220 Central Avenue, Chino, CA 91710.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 241
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 42 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions
5-4.2 General Liability Insurance.
Add the following paragraph after table:
Personal Injury shall also include Bodily Injury. The following “Limits of Liability” shall be a included in the policy, not less than one million dollars ($1,000,000.00) for all damages arising out of bodily injury or death of one (1) individual and not less than two million dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death of more than one person in any one event.
5-4.4 Auto Liability Insurance.
Replace first (1
st) sentence with:
The Contractor shall provide a certificate of insurance to the Agency showing coverage against liability for damages for bodily injury including death resulting from a single incid ent in the amount of not less than one million dollars ($1,000,000.00) for one individual, and two million dollars ($2,000,000.00) for more than one individual.
Coverage for auto related property damages shall be in the sum of one million dollars ($1,000,000.00) resulting from any one accident which may arise from the operations of the Contractor performing Work under this Contract.
5-7 SAFETY.
5-7.1.1 General.
Insert the follow after last paragraph:
Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the Work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection.
The Contractor shall use such foresight and shall take such steps and precautions as the Contractor’s operations make necessary to protect the public from danger or damage, or loss of life or property , which would result from the interruption or contamination of public water supply, irrigation, or other public service or from the failure of partly completed work.
Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by process of construction on account of such neglect; and whenever, in the opinion of the Engineer , immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event the City may provide suitable protection to said interest by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary.
The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor, and if the Contractor
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 242
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 43 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions shall not pay said cost and expense upon presentation of bills therefore, duly certified by the Engineer, then said cost and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City, however, to take such precautionary measure shall not relieve the Contractor of the full responsibility for public safety. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City.
The Contractor shall submit a lump sum bid price as per the bidding schedule in Section C for removing and installing, as appropriate, all traffic signing and striping as shown on the plans and as specified in these Special Provisions.
5-7.4 Hazardous Substances.
Add the following Subsections:
5.7.4.1 Lead Based Paint Removal.
Any lead based paint removals shall be properly handled and removed in accord ance with the Environmental Commitments Record PES form contained in the Appendix.
5-7.4.2 Asbestos Abatement.
All asbestos removal or abatement shall comply with the requirements of Title 8, CCR, General Industry Safety Orders and Construction Safety Orders. The removal or abatement shall be performed by a licensed and registered abatement firm.
Asbestos Concrete Pipe (ACP) shall be removed or abated in full length joints, no partial joints or sawcut or broken pipe is allowed to be buried.
5-7.4.3 Fire Prevention and Control.
The Contractor, his employees, subcontractors and their employees, shall obey all Federal, State and local fire laws and ordinances. The Contractor shall abide by any requirements to clear away weeds, shrubs or other growth or debris, as may be made by the County and/or State fire prevention authorities, resulting from the City's pipeline construction. The Contractor shall furnish to the Engineer a current directory of available personnel and a list of project construction equipment suitable for firefighting purposes.
a) Spark Arresters. The exhaust pipes of all internal combustion engines used in the work shall be equipped with approved spark arresters.
b) Fire Suppression. If fire occurs in the construction area along the line of the work, the entire project crew shall immediately be alerted and the Contractor shall dispatch sufficient men and equipment, up to the total manpower and equipment available for firefighting on the project, to suppress said fire and prevents it from spreading.
c) Hydrants and Valves. Fire Hydrants and Valves shal l have clear access, at all times, during construction activities.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 243
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 44 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions SECTION 6 – PROSECUTION AND PROGRESS
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.
6-1.1 Construction Schedule.
Insert after first (1
st) sentence:
The Contractor shall review the plans and specifications and submit a written work schedule to the City for approval at least 15 calendar days prior to starting work. The schedule shall designate the order that the work will progress, no work shall be started until the schedule is approved by the Engineer. The Contractor shall not commence construction on any section of the work until such time that all materials will be available when needed. The Contractor shall submit an updated construction schedule at each progress meeting and upon the issuance of any change order that alters the contract’s schedule.
Insert after first (1
st) paragraph:
The project schedule shall include the dates the Contractor anticipates performing exploratory excavations and providing the pothole information to the Engineer. Grade and/or alignment changes shall be made only if approved by the Engineer.
Landscape Maintenance Period – Where a landscape maintenance period is specified, the portion of the time in such period that follows the completion of all other Work required by the Contractor shall not be included in Working Days for Contract time accounting.
6-1.2 Commencement of the Work
Substitute the paragraph in its entirety with the following:
6-1.2.1 Notice to Proceed for Procurement. Upon receiving the written Notice to Proceed for Procurement, the Contractor shall order all equipment required for the project, and within fifteen (15) calendar days following the date of issuance of the Notice to Proceed for Procurement, the contractor shall submit evidence of material ordered, including the estimated delivery date.
6-1.2.2 Notice to Proceed for Construction. The Contract Time shall commence on the date of issuance of the City’s written Notice to Proceed for Construction, the Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed for Construction. The Contractor shall diligently prosecute all work to completion within one hundred and thirty five (135) working days. As stipulated in Section 6- 9 – LIQUIDATED DAMAGES, failure to complete all work within one hundred and thirty five (135 ) working days will result in assessment of Project Completion Liquidated Damages in the amount specified.
If traffic control plans are required, plans shall be submitted for review and approved by the City of Chino prior to commencement of work. If the Contractor has not proceeded or obtained an approved Traffic Control Plan from the City within fifty five (55) calendar days of Notice of Award, a Notice to Proceed for Construction will be issued on the next business day.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 244
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 45 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions 6-1.2.3 Contractor’s Daily Reports. The Contractor shall complete a daily report indicating manpower, major equipment, subcontractors, etc. involved in the performance of the Work.
The daily report shall be completed on forms prepared by the Contractor and approved by the Engineer, and shall be submitted to the Engineer at the conclusion of each Work day.
6-2 PROSECUTION OF THE WORK.
Insert the following after the second paragraph:
All loss or damage arising out of the nature of the Work to be done under the Contract, or from any unforeseen obstruction or difficulties which may be encountered during the progress of the Work and in the prosecution of the same, or from the action of the elements, or from encumbrances on the line of the Work, shall be sustained by the Contractor.
All work, which is defective in its construction or deficient in any of the requirements of the Specifications, shall be remedied or removed and replaced by the Contractor in an acceptable manner at the Contractor’s own expense. Upon failure on the part of the Contractor to comply forthwith with any order from the Engineer, made under the provisions of this article, the Engineer and City may cause the defective work to be remedied or removed and replaced at the expense of the Contractor.
6-2.1 PUBLIC CONSIDERATIONS AND PUBLIC RELATIONS.
Add the following Subsection:
6-2.1.1 Public Considerations. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners, nearby businesses and the general public. The Contractor shall comply with all applicable State and City requirements. The Contractor shall be responsible for compliance with additional public safety requirements which may arise, or as deemed required by the Engineer.
6-2.1.2 Use of Private Property by Contractor. The Engineer will require c opies of all letters of permission or written agreements executed by affected property owners for the purpose of granting trespass rights to enter upon, stockpile or store Contractor's supplies and equipment. The Contractor shall be solely responsible to initiate contact and negotiate agreement with property owners if he should desire to use private property for storage or other purposes.
Materials or equipment placed on private property without owner's consent or in breach of owner and Contractor agreement shall constitute grounds for immediate issuance of a stop work notice to the Contractor. Upon the receipt of a STOP WORK NOTICE the Contractor shall immediately suspend all operations until affected property is cleaned up and restored to original condition. Additional contract days will not be granted due to stop work action against Contractor
6-2.1 Noncompliance with Plans and Specification.
Add the following Subsection:
Failure of the Contractor to comply with any requirements of the Plans and Specifications and the immediate remedy of any such noncompliance following notice from the Engineer; may result in suspension of contract payments on all items of work. Any progress payments so suspended
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 245
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 46 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions shall remain in suspension until the Contractor’s operations are brought into compliance to the satisfaction of the Engineer. Upon determination of the Engineer that the Contractor is no longer in noncompliance, the progress payments will resume. No additional compensation shall be due to the Contractor as a result of the suspension of the progress payments due to noncompliance.
6.3 TIME OF COMPLETION.
6.3.1 General.
Substitute the following for the first sentence:
The Contractor shall complete the Work within one hundred and thirty five (135 ) working days from the date of the Notice to Proceed – Construction is issued.
6-3.1.1 Work Days.
Add the following Subsection:
No work shall be done between the hours of 4:00 P.M. and 7:00 A.M., nor on Saturdays, Sundays, or legal holidays without the permission of the Engineer and in the presence of the Engineer's inspector, except in case of any emergency. In all cases, the Con tractor shall reimburse the Engineer for any expenses incurred as a result of work performed by the Contractor outside of regular working hours. This includes, but is not limited to, payment of Engineer's inspector at the appropriate overtime wage rate.
If night work is authorized by the City, inspection will be provided by the City at no cost to the contractor. The Contractor is expected to provide adequate lighting for proper prosecution of the night Work, for the safety of the workers and the public, and for proper inspection at no extra cost to the City.
6-4 DELAYS AND EXTENSION OF TIME.
Add the following Subsection:
6-4.1.1 Avoidable Delays.
Avoidable delays in the prosecution or completion of the Work shall include all delays, which in the opinion of the Engineer would have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor or the Contractor’s subcontractors. The following shall be considered avoidable delays within the meaning of the contract: 1) Delay in the prosecution of parts of the Work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the Work nor the completion of the whole Work within the time herein specified; 2) Reasonable loss of time resulting from the necessity of submitted samples of materials and drawings to the Engineer for approval and from making of tests of mat erials, measurements and inspections; 3) Reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole Work within the time agreed upon. Unavoidable delays, which may be considered for an extension of time for completion of the Work, shall include, but not be limited to, acts of God, acts of war, or labor strikes.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 246
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 47 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions
6-4.2 Extensions of Time.
Insert after first (1
st) paragraph:
The Contractor shall be allowed an extension of time in which to complete the Work equal to the sum of all unavoidable delays, as determined above or by the City Engineer, plus any adjustment of contract time due to contract change orders. During such ext ension of time, neither compensation for extra engineering and inspection nor liquidated damages shall be charged to the Contractor. Applications for an extension of time shall be made in writing before the expiration of the time for completion and not mo re than 15 days after the beginning of any unavoidable delay.
6-5 USE OF IMPROVEMENT DURING CONSTRUCTION.
Add the following Subsection:
6-5.1 Use of Improvement – Exceptions – The provisions of Subsection 6-5, USE OF IMPROVEMENT DURING CONSTRUCTION, shall not apply to projects for the repair, modification, enlargement or improvement of existing improvements that are to remain in use during construction except where a portion of the Work is completely independent from the rest of the Work can be completed and put into use by the Agency.
Projects on public roads, after satisfactory completion of an isolated section of the Work involving roadway improvements or repairs, when all temporary signs and other temporary Contractor facilities have been removed, the section is not being used as a detour, the section is no longer under the Contractor’s control, and the section is opened to public traffic through the end of the Contract period, that section of the Work shall be taken over by the Agency as provided in Subsection 6-5, USE OF IMPROVEMENT DURING CONSTRUCTION. The Contractor shall submit to the Engineer in writing, when the conditions of this paragraph have been complied with and shall specify the limits of the public road section involved. Any use of the Work by the Agency shall be effective only when formal written notification is issued by the Agency.
6-6 SUSPENSION OF THE WORK.
6-6.1 General
Substitute the first paragraph with the following:
The Engineer shall have the authority to suspend the Work, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or other such conditions as are considered unfavorable for the suitable prosecution of the Work, or for such time as the Engineer deems necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the Work. The Contractor shall immediately comply with the written order of the Engineer to suspend the Work wholly or in part and shall not resume the Work until ordered to do so in writing by the Engineer. Such suspension shall be without liability to the Contractor on the part of the City except as otherwise specified in 6-4.3.
In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the Work, such suspension of work shall
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 247
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 48 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions not relieve the Contractor of the Contractor’s responsibility to complete the Work within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of work shall not entitle the Contractor to any additional compensation.
6-9 LIQUIDATED DAMAGES.
Substitute both paragraphs with the following:
6-9.1 Project Completion Liquidated Damages.
Time is of the essence for the completion of this project. For each and every day that any portion of the work remains unfinished after the time fixed for completion as noted in Subsection 6-3.1 TIME OF COMPLETION, General or as modified by any extension of time granted pursuant to Subsection 6-4.2 – Extensions of Time, damage will be sustained by the City. Because of the difficulty in computing the actual material loss and disadvantage to the City, it is determined in advance and agreed to by the parties hereto that the Contractor shall pay the City the amount of damages set forth herein as representing a reasonable forecast of the actual damages which the City will suffer by the failure of the Contractor to complete the work within the stipulated time.
The Execution of the Agreement shall constitute acknowledgment of the Contractor and that the Contractor has ascertained and agrees that the City will actually suffer damages in the amount herein fixed for each and every calendar day during which the completion of the work is avoidably delayed beyond the stipulated completion date.
The Contractor shall have no claim or right of action against the City for damages, costs, expenses, loss of profits, due to any type of delay within or without the Contractor's control, and whether or not any delay may have resulted from any action by the City. The fulfillment of the contract shall be within the number of working days as stated in the Contract Documents or as modified by any extension of time.
The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of contractors or subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually severe weather, or delays of subcontractors due to such causes provided that the Contractor shall within ten (10) days from the beginning of such delay notify the City, in writing, of the cause of the delay. The City will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive.
Damages for avoidable delays shall be in the amount of $1,000.00 (One Thousand Dollars) per calendar day in excess of the time specified for completion of the Work. Such sum may be deducted from payments due the Contractor if such delay occurs.
6-9.2 Interim Milestone Liquidated Damages.
When existing traffic striping and marki ngs are obliterated and subsequent pavement improvements are completed, the Contractor shall cat -track the striping and markings to be installed within two (2) working days. Upon receiving approval of the cat-tracks by the Engineer, the Contractor shall install the striping and markings, including appurtenant traffic signs as specified in the Plans and Specifications, within two (2) working days. Traffic detector loops, including lead-in cables, as specified in the Plans and Specifications, shall be installed within
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 248
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 49 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions two (2) working days following the installation of the striping and markings. Interim Milestone Liquidated damages shall be in the amount of $500.00 (Five Hundred Dollars) per calendar day, should the cat -track, striping and markings, and the traffic detectors loops are not be completed and approved by the Engineer within the specified time. The sum of Interim Milestone Liquidated Damages shall be deducted from payments due to the Contractor, if such a delay occurs. These liquidated damages shall be in addition to the Project Completion Liquidated Damages as specified in Subsection 6-9.1.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 249
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 50 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions SECTION 7 – MEASUREMENT AND PAYMENT
7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
7-1.1 General
Insert after the last paragraph:
The estimated quantities of work and materials to be performed, constructed or furnished by the Contractor under this Contract are as shown on the Bid Schedule in the Bid Proposal Package. The costs for items not specifically listed on the Bid Schedule, but are necessary to complete the Work therefore are considered to be included in the unit cost of items listed in the Bid Schedule.
7-3 PAYMENT.
7-3.1 General.
Insert after first (1
st) paragraph:
Payment for all work bid at a price per unit of measurement shall be based upon the actual quantities of work constructed in accordance with the Plans and Specifications and as measured upon completion. The City does not expressly or by implication agree that the actual amount of work or materials of any class will correspond to the estimated quantities given in the bid proposal.
The prices paid for the various items in the bid proposal shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the finished product as provided in these specifications. Compensation in full for items specified as "Lump Sum" in the bid proposal shall include payment for furnishing all labor, materials, tools, equipment, and incidentals necessary for Specifications.
Insert after last paragraph:
Pursuant to Chapter 7 of California Codes for Public Works Contracts, § 7100, the Contractor shall furnish the City with a release of all claims against the City prior to final payment. The forms provided in these Specifications titled Contractor's Affidavit of Release of Liens and Subcontractor's Final Waiver of Lien, shall be completed and returned to the Engineer prior to final acceptance by City.
7.3-2 Partial and Final Payment.
Replace the first sentence of the second paragraph with the following:
The Contractor will submit the monthly progress payment estimate each month. Payments shall be made within thirty (30) calendar days from date of submission of the reviewed and agreed upon monthly progress payment estimate per PCC 20104.50. The monthly progress payment estimate shall be reviewed by the Engineer and/or Inspector with the Contractor.
Substitute the third paragraph with the following:
The City shall retain five percent (5%) of the estimated value of the work done and will pay monthly to the Contractor the balance, after deducting all previous payments and all sums to be kept or retained under the provisions of this Contract. No such progress payment or
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 250
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 51 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions estimate shall be required to be made when the total number of working days is thirty (30) or less, or when in the judgment of the Engineer the Work is not proceeding in accordance with provisions of the contract, or when the value of the Work amounts to less than Five Hundred Dollars ($500.00). No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials.
In lieu of the five percent retention deducted from the progress payment, and at the request and expense of the Contractor, securities equivalent to the retention shall be deposited with the public City, any person licensed under the Escrow Law in the Financial Code, or with a state or federally chartered bank in California as the escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the contract. Securities eligible for investment under this Section shall include those listed in Section 16430 of the government code or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for monies retained and shall receive any interest thereon.
The Contractor shall notify the Engineer of the completion of the Work and the Engineer shall make an inspection of the Work. The Engineer will not make the final inspection until the Work provided for and contemplated by the Contractor has been completed and the final clean up performed. The Contractor may be present at the final inspection. The Contractor will be notified in writing of any defects or deficiencies to be remedied. When notified that corrective work is completed, the Engineer will again inspect the Work and when the Engineer has satisfied himself/herself that all work has been done in accordance with the plans and specifications, the Engineer will recommend to the Council that the Work be formally accepted.
7-3.5 Contract Unit Prices
7-3.5.1 General
Insert after the first paragraph:
Estimates of quantities appearing on the Plans, in these Specifications, Notice to Bidders and Proposal Form/Bid Schedule are provided for uniformity in determining the lowest responsible bidder from the Contractors bidding on this project. An independent check of the estimate is required by the Contractor prior to submitting its bid. It must be understood that payment to the successful Contractor will be made on the basis of the unit prices bid for the various items of work and on the actual quantities of work done as measured in the field by the City Engineer.
Add the following to the end of the section:
7-3.5.1 (a) Definition of Bid Items
The Unit Prices and Lump Sum amounts to be paid for the Items listed in the Bid Schedule shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary for the completed work and for performing all work contemplated and embraced under the Contract, in accordance with the P lans and Specifications. Said price and payment of the bid items shall include the Contractor’s costs associated with bonding, insurance, worker’s compensation, overhead, financing, obtaining required permits and permit fees, mobilization, traffic control, public convenience and safety, protective barricading, sanitary facilities, storage of equipment and materials, security against theft and vandalism, project site maintenance, dust and runoff, clean-up and all other items incidental to the work.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 251
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 52 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions
Payment for Unit Price work shall be made for the actual quantities of Contract Items removed, constructed, or disposed of in accordance with the plans and these Specifications as specified in Section 7 -1.2 Methods of Measurement. Payment for Lump Sum work shall be paid for at the price indicated in the Bid Schedule, in accordance with Section 7-2, “Lump Sum Work.”
7-3.5.2 Increases of More Than 25 Percent
Substitute the first paragraph of the section with the following:
Should the actual quantity of an item of work covered by a Contract Unit price and constructed in conformance with the Plans and Specifications exceed the bid item by more than twenty five percent (25%), the Contractor shall notify the Engineer in writing (hereinafter called “Quantity Exceedance Notice”) within five (5) working days. Payment for the quantity in excess of 125 percent of the Bid quantity shall be made at the Contract Unit Price, or at the option of the Engineer, on the basis of Extra Work per 7-4. No exceptions shall be granted unless requested and specified by the Contractor in the Quantity Exceedance Notice. If so requested, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and Agency, or at the option of the Engineer.
7-3.5.3 Decreases of More Than 25 Percent
Replace the Section in its entirety with the following:
Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in payment will not be made unless so r equested in writing by the Contractor.
The request shall be submitted and received by the Agency within 5 (five) working days upon substantial completion of the specific work item. If the Contractor so requests, payment will be made on the basis of an ad justment in the Contract Unit Price mutually agreed to by the Contractor and the Agency; or at the option of the Engineer, on the basis of Extra Work per 7-4 Payment for Extra Work or on the basis of actual quantity at the Contract Unit Price plus the actual costs incurred in connection with not completing up to the 75 percent of the Bid quantity.
However, in no case shall payment be less than would be made for the actual quantity at the Contract Unit Price, nor more than would be made for seventy-five (75) percent of the Bid quantity at the Contract Unit Price.
For the purpose of this section, actual costs incurred in connection with not completing up to 75 percent of the bid quantity shall be limited to the following:
(a) If material conforming to the Plans and Specifications was ordered by the Contractor for use in completing the item of work, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the unused material between the actual constructed quantity and the Bid quantity. In this case, the material shall become property of the Agency. If the material is returnable, the unused material between the actual constructed quantity and the Bid quantity shall be returned, and payment will be made to the Contractor for the actual charges made by the supplier for returning the material and for handling by the Contractor.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 252
SPECIAL PROVISIONS
Project: MS - 181 City of Chino Part 1 - Page 53 of 53 REV: December 29, 2021 FY 19/20 Local Street Overlay Project General Provisions (b) If equipment was rented by the Contractor for use in completing the specific item of work and for no other, item of work, a nd if there is a minimum number of rental days charged by the vendor, the Contractor shall submit documentation showing the number of days the equipment was used for the work item and the minimum rental days charged by the vendor. Payment will be made to the Contractor for the equipment rental in proportion to the unused rental days and the minimum rental days.
7-4 PAYMENT FOR EXTRA WORK
7-4.3 Markup
Add the following the paragraph at the beginning of the Section:
Unless otherwise specified in the Special Provisions, the markup, as determined by Section 7-
4.2 “Basis for Establishing Costs”, shall be as described below, and shall constitute the full markup for all overhead and profit on extra work performed under this contract; no additional compensation will be provided therefore.
7-4.3.1 Work by the Contractor.
Replace the entire paragraph with the following:
The following percentages shall be added to the Contractor’s costs and shall constitute the full markup for all overhead and profit on extra work performed by the Contractor under this contract; no additional compensation will be provided therefore:
1) Labor .................................................................................... 20% 2) Materials .............................................................................. 15% 3) Tools and Equipment Rental ............................................... 15% 4) Other Items .......................................................................... 15%
To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
7-4.3.2 Work by a Subcontractor. Replace the entire paragraph with the following:
When all or any part of the “extra work” is performed by a Subcontractor, the markup established in 3-3.2.3 (a) shall 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. These markups shall constitute the markup for all overhead and profit for the Contractor on work performed by the Subcontractor.
The markups specified in Parts (a) and (b) above shall be considered as including, but not limited to, the Contractor’s labor costs for personnel not working directly on the “extra work”, including the cost of any tools and equipment that they may use. Such costs shall not be reported as labor or equipment costs elsewhere except when they are actually used in the performance of the “extra work.” Labor costs shall in that case be reported for the labor classification corresponding to the type and nature of “extra work” performed.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 253
Special Provisions
Project: MS - 181 City of Chino Part 2 – Page 1 of 10
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Materials
PART 2 – CONSTRUCTION MATERIALS
SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 Portland Cement Concrete (PCC).
201-1.1 Requirements.
Add the following:
All concrete used in City of Chino Public Works Projects shall meet the following requirements, unless specified elsewhere in the Special Provisions:
Concrete Class: 560-C-3250
Slump: 4 inches except for Trench Backfill and Air Placed Concrete, Method B and as specified by the Engineer.
Curing Compound: White (for driveway approaches, sidewalks, curb and gutter) Uses: Residential Driveway Approach (City of Chino Standard Drawing 240), Industrial/Commercial: Driveway Approach (City of Chino St andard Drawing 250), Sidewalks, Curb and Gutter, Type C Curb (City of Chino Standard Drawing 210), Curb Transition (City of Chino Standard Drawing 215), Intersection Treatment with Paver Stones (City of Chino Standard Drawing 265B), Sewer Lateral Abandonment (per City of Chino Standard Drawing 505), Sewer Manhole Drop Inlet (per City of Chino Standard Drawing 520), Sampling Wye (per City of Chino Standard Drawing 527), Precast Monitoring Manhole (per City of Chino Standard Drawing 530), Monitoring Vault ( per City of Chino Standard Drawing 531), Manhole Cover Adjustment (per City of Chino Standard Drawing 535). All City of Chino Standard Drawings are included in the Appendix.
Concrete for Cast In Drilled Hole for Concrete Pile Foundations (Caltrans 56-3.01C(2)(b) Slump: 4 inches
Admixture: Water reducing meeting ASTM C494 Type A and D.
Class: Class II mix with 590 total pounds of cement (approximately 442 pounds) and Class F fly ash (approximately 148 pounds).
Strength: 3625 psi
Aggregate: maximum size shall be one inch (1”)
Reinforcement: Spiral rebar from bottom of foundation to above bottom of anchor bolts
201-1.1.1 General.
Insert after first (1
st) Paragraph:
The Contractor shall furnish the Engineer with a copy of the mix design(s) (per Part 1, Section 3-8.4 h) Supporting Information) to be used for the Project. The Contractor shall submit to the Engineer a legible certified weight master’s certificate for each load of PCC delivered to the Site. PCC delivered to the P roject site having a water content or slump greater than that specified in the mix design shall be rejected and removed from the Project site.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 254
Special Provisions
Project: MS - 181 City of Chino Part 2 – Page 2 of 10
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Materials
201-1.4.3 Transit Mixers.
Replace the first sentence in Paragraph 6:
The total elapsed time between the addition of water at the batch plant and the completion of the discharge of PCC from the mixer shall not exceed 90 minutes. All PCC remaining in the mixer after 90 minutes time limit shall be rejected and removed from the Project site.
201-4 CONCRETE CURING MATERIALS.
201-4.1 Membrane Curing Compounds.
201-4.1.1 General.
Insert after second (2
nd) Paragraph:
The following concrete elements shall have Type 2 – White pigmented curing compound applied to sidewalks, curbs and ramps and driveways.
SECTION 203 – BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.1 General.
Insert after the last Paragraph:
The following classes of Asphalt Concrete shall be used in the following applications:
Truck Routes and as directed by the City Engineer:
PG 70–10: High Stability Asphalt with ¾ inch rock for both the base course and overlay cap.
Roadway Repair: Class C2-PG 64-10 Cold Plane and Overlay Class B-PG 64-10 Base Course
Streets and Alleys:
Base Course: Class C2-PG 64-10 with an asphalt content of 4.8 to 7.5 Finished Course: Class D2-PG 64-10 with an asphalt content of 4.8 to 7.5 Thin Overlay: Class C2-PG 64-10 also for feathering at the desecration of the Engineer.
Viscosity Grade: AR8000 paving asphalt may be substituted for AR4000 as determined by the Engineer.
Parking Lot Paving: AR8000
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 255
Special Provisions
Project: MS - 181 City of Chino Part 2 – Page 3 of 10
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Materials
SECTION 206 – MISCELLANEOUS METAL ITEMS
206-3.3.2 Manhole Frame and Cover Sets and Grates.
Add after last Paragraph:
a) Drainage: Storm Drain Manhole Frame and Covers shall be per City of Chino Standard Drawing 385 (included in the Appendix).
b) Sewer: Sewer Manhole Frame and Covers shall be per City of Chino Standard Drawing 540 (included in the Appendix).
c) Water: Valve Covers for Water and Recycled Water shall be per C ity of Chino Standard Drawing 440A and 440B, 4” Blow-Off Installation per City of Chino Standard Drawing 440C, Gate Valve Installation per City of Chino Standard Drawing 450,
SECTION 207 – GRAVITY PIPE
207-8 VITRIFIED CLAY PIPE (VCP).
207-8.1 General.
Insert new Subsection:
207-8.1.1 City of Chino Standards.
a) Sewer laterals shall be four inches (4”) for residential and six inches (6”) for industrial and major commercial development customers. Laterals can be provided with bell and spigot en ds with compression fittings or plain end pipe barrels joined with rubber compression couplings with stainless steel tightening bands (as recommended by the manufacturer) per Subsection 208- 2.2 Type “D” Joints Synthetic Rubber Coupling with Corrosion-Resistant Shear Ring for Plain-End Clay Pipe. b) Sewer mains eight inches and greater shall be bell (socket) and spigot ends with compression fittings per Subsection 208-2.3 Type “G” Joints (Polyurethane).
See City of Chino Public Works Department Standard Drawings 500 – Sewer Laterals, 501 – Sewer Saddle, and 527 – Sampling Wye, as applicable to the Project. See Appendix.
Vitrified Clay Pipe (VCP) shall be supplied per Subsection 306-7.4.1 Vitrified Clay Pipe (VCP) General in the 2021 Edition of Standard Specifications for Public Works Construction (Greenbook).
207-10 CONCRETE SEWER APPURTENANCES.
Insert new Subsecton:
207-10.1 General. Concrete shall be per Section 303 – Concrete and Masonry Construction and as specifically mentioned within this Subsection. Mix Design shall be 560 C 3250 for all structures. Design 560 C 3250 as an option in lieu of 520 C 2500.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 256
Special Provisions
Project: MS - 181 City of Chino Part 2 – Page 4 of 10
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Materials
207-10.2 Sewer Saddle. Sewer Saddle shall be per City of Chino Standard Drawing 501 (included in the Appendix). Installation shall be per 306-8.8.3 Thrust Blocks.
Measurement shall be per 306-14.6 and payment shall be per 306-15.7.
207-10.3 Sewer Lateral Abandonment. Sewer Later Abandonment shall be per City of Chino Standard Drawing 505 (included in the Appendix). The Contractor may use Mix Design 560 C 3250 as an option in lieu of 520 C 2500.
Payment shall be per 306-15.1 c).
207-10.4 Sewer Manhole. Sewer Manhole shall be per City of Chino Standard Drawing 515 (included in the Appendix). Installation shall be per Section 306- 10 Precast Reinforced Concrete Box (PRCB) and 306-11 Cast-in-Place Concrete Box (CIPRCB) respectively.
Measurement shall be per 306-14.4 for the Precast Manhole and per 306- 14.5 for a Cast-in- Place Manhole, payment shall be per 306-15.7.
207-10.5 Sewer Manhole Drop Inlet. Sewer Manhole Drop Inlet shall be per City of Chino Standard Drawing 520 (included in the Appendix).
Measurement shall be per 306-14.6 and payment shall be per 306-15.7.
207-10.6 Sampling Wye. Sampling Wye shall be per City of Chino Standard Drawing 527 (included in the Appendix).
Measurement shall be per 306-14.6 and payment shall be per 306-15.7.
207-10.7 Precast Monitoring Manhole. Precast Monitoring Manhole shall be per City of Chino Standard Drawing 530 (included in the Appendix). Installation shall be per Section 306- 10 Precast Reinforced Concrete Box (PRCB).
Measurement shall be per 306-14.4, payment shall be per 306-15.7.
207-10.8 Monitoring Vault. Monitoring Vault shall be per City of Chino Standard Drawing 531 (included in the Appendix).
Measurement shall be per 306-14.6 and payment shall be per 306-15.7.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 257
Special Provisions
Project: MS - 181 City of Chino Part 2 – Page 5 of 10
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Materials
207-23 REINFORCED CONCRETE MICROTUNNELING PIPE.
207-23.1 General.
Add the following after first (1st) paragraph:
Spun RCP (see 207-2.6.2 Spun Pipe) is required for microtunneling and shall conform to all specifications for spun pipe to be jacked. Class V RCP is required for carrier pipe under the railroad.
207-23.5 Joints.
Replace the first sentence with the following:
Reinforced Concrete Pipe to be jacked in place shall have rubber-gasket type joints.
SECTION 209 – PRESSURE PIPE
209-1.1 Ductile Iron Pipe (DIP).
209.1.1.2 General.
Insert after first (1
st) Paragraph:
The Contractor shall install flanged joint ductile iron pipe fittings, Class 52 (unless shown otherwise on the drawings) and as described in the City of Chino Standard Drawings and Specifications for Construction of Water Pipeline Installations. Pipe and pipe fittings shall be cement mortar lined, double thickness, with seal coat in accordance with AWWA C104, and coated with a factory applied bituminous coating of not less than 1 mil thickness. All material in contact with water shall be certified to meet the requirements of ANSI/NSF Standard 61.
Push-on pipe and fittings shall be TYTON as manufactured by U.S. Pipe, or approved equal.
Where the plans or specifications call for “Fully Restrained Pipe,” restrained push- on or mechanical joint pipe and fittings shall be utilized. Restrained joints shall be designed for a minimum water working pressure of 350 psi. Restraint shall be accomplished by utilizing Field- Lok gaskets, EBAA Iron joint restraints with Mega-Bond coating, or a restrained joint and fitting system such as Tr-Flex, or approved equal.
209-7 PIPELINE IDENTIFICATION.
209-7.3 Pipe Warning and Locating Tape Placement and Additional Tracing Wires.
Insert Subsection:
Provide Pipe Warning and Locating Tape per Table 209- 7.2 of the Greenbook (2021) for all sewer, electrical, communication, water and recycled water lines. Installation shall be a described in Table 209- 7.2 Locating Wire portion of the table – In lieu of installing m etallic warning tape; 14 AWG coated/insulated copper tracing wire attached to top of pipe, at intervals of ten feet (10’) interval and accessibly terminated shall be provided and installed at locations per Subsection 209-7.3.1 below and non-metallic warning tape shall be placed eighteen inches (18”) above top of pipe.
Fiber Optic and traffic signal wiring installations shall have orange warning tape.
209-7.3.1 Water Mains, Service Laterals and Valves: Provide 14 AWG coat ed/insulated copper tracing wire for all water mains , service laterals and service connections with conduction connections to the water valves. All water mains, service laterals, connections and
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 258
Special Provisions
Project: MS - 181 City of Chino Part 2 – Page 6 of 10
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Materials
valves shall have tracing wire shall be attached to the top of the pipe and wrapped around the valves in a continuous conduction circuit installed by the Contractor.
209-7.4 Recycled Water Line Identification.
Insert Subsection:
All pipes installed above or below ground (mains, laterals and service lines) that are designed to carry recycled water shall be colored purple or distinctively wrapped with purple tape, any above ground tape shall be Ultra Violet (UV) resistant.
SECTION 211 – MATERIAL TESTS
211-1 COMPACTION TESTS.
211-1.4 Payment.
Add new Subsection:
Laboratory testing shall be performed at the Agency’s expense and contracted firm. W hen the results meet or exceed the required compaction for the application (i.e. under roadway, sidewalks, curb and gutter at 95%, trench backfill at 90% around pipe structures, etc.). An approved Geotechnical Engineer shall perform all compaction tests at every lift, the Inspector or Geotechnical Firm’s representative shall be on site to observe all backfill operations and to perform necessary testing. In the case of failures and all related failure compaction retests shall be performed at the contractor’s expense.
SECTION 212 – WATER AND SEWER SYSTEM
VALVES AND APPURTENANCES
212-4 VALVE ACTUATORS, EXTENSIONS, AND VALVE BOXES.
212-4.2.2 Valve Extension Stems.
Delete first (1st) Paragraph and replace with:
Provide valve stem extensions where the depth of the operating nut exceeds thirty inches (30”) below finish grade or water surface. The extension stem shall bring the operating nut to thirty inches (30’) below finish grade or six inches (6”) below the water surface. The stem shall be steel and pinned to the valve operating nut with an 1/8- inch center guide to keep stem centered.
212-4.2.3 Valve Cans and Covers for Buried Valves.
212-4.2.3.2.1 City of Chino Requirements.
Insert new Subsection:
Please refer to the City of Chino Public Works Department Standard Drawings 450 and 455 (included in the Appendix).
Eight inch (8”) O.D. PVC SDR 35 telescoping type “Valve Can”, Brooks Products 8” - ¾” diameter or an approved equal. An eight inch (8”) ID Galvanized “Slip Can” with valve cover by Alhambra Foundry No A29608 or approved equal marked “WATER” or “RECYCLED
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Project: MS - 181 City of Chino Part 2 – Page 7 of 10
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Materials
WATER”. All valve covers shall be painted with VISTA No. 999 – Metal Prime primer and Blue DuPont Traffic Paint No. 7 001 or approved equal shall be used on WATER valve covers.
RECYCLED WATER valve covers shall be painted with Purple Pantone No. 512 or approved equal.
Coated water main tracing wire must be within the riser. Per Subsection 209- 7 Pipeline Identification.
212-6 HYDRANTS.
212-6.1 Fire Hydrants.
212-6.1.1 General.
Insert after second (2
nd) Paragraph:
The exterior of the above ground portion of the hydrant, except that portion that is threaded, shall be painted with two (2) coats of “Vista No. 999 – Metal Primer two (2) coats of “Vista Caution Yellow” high gloss enamel paint (or approved equal).
Insert after third (3
rd) Paragraph:
Fire hydrant assemblies shall be installed per City of Chino Public Works Department Specifications (Pages 43 to 44) and Standard Drawings 445A, 445B and street markers per Standard Drawing 446. See Note 4 regarding Pavement Marker in the Fire Hydrant Section of the City of Chino Standard Specifications.
212-10 SERVICE LATERALS, METERS, AND METER BOXES.
Insert the following:
A minimum one inch (1”) water service shall be provided to eac h service address. Standard water service of 1” and smaller shall be installed and set nine inches (9”) behind the curb or behind the sidewalk in areas protected from vehicular or pedestrian traffic. Others sized services shall be as shown on the Project Plans or specified in the Project Technical Specifications or Special Provisions.
Water meter boxes are considered part of the water service and shall be brought to grade and leveled before the City will install any water meters.
Water meter box and cover, piping, fittings, tubing, adaptors and all other components shall be provided and installed per City of Chino Public Works Department Standard Specifications and Drawings (included in the Appendix). City of Chino will provide and install the water meter and sensor when required.
All water pipe, valves, fittings shall have a minimum of 200 psi pressure rating. Flange joints shall have coated hardware with the exception of areas with corrosive soil conditions shall require stainless steel hardware.
212-10.2 High Density Polyethylene (HDPE) Tubing.
Insert after first (1
st) Sentence:
All sizes listed are to be supplied in Copper Tube Size (CTS).
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 260
Special Provisions
Project: MS - 181 City of Chino Part 2 – Page 8 of 10
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Materials
212-10.3 Corporation Stops, Angle Meter Valves, Service Saddles and Other Service Materials.
Insert the following Paragraph and Subsections:
All fittings shall be compression type with set screws. No flared fittings will be permitted. All valves and fittings shall be rated at a minimum pressure rating of 200 psi.
212-10.3.1 Corporation Stops.
a) 1” and Smaller Standard Water Service.
Shall be IP x CTS, compression fitting by Ford – F-1100-4 or equal when approved in writing by the Engineer.
b) 1-½” or 2” Standard Water Service.
The Corporation Stop for this size service shall be Ford FB-1700, Jones J-1935 or Mueller B-25028.
212-10.3.2 Angle Meter Valves or Stops.
a) 1” and Smaller Standard Water Service.
The Angle Meter Valve for this size service s hall be 1” compression type with brass bushing – Ford KV43 -444W or equal when approved in writing by the Engineer.
b) 1-½” or 2” Standard Water Service.
The Angle Meter Stop of this size services shall be 2”: Ford FV43-777W, Jones J-1975W or Mueller B-24276. For the 1-½” service there shall be an elongated hole.
212-10.3.3 Service Saddles.
Shall be bronze or brass , IP thread and installed on all PVC, cast or ductile iron mains 8” or smaller.
. a) 1” and Smaller Standard Water Service.
1) A.C. Pipe – Ford 202B or equal when approved in writing by the Engineer. 2) PVC Pipe – Ford S90 or equal when approved in writing by the Engineer. 3) In high corrosive areas – Ford FC202 or equal when approved in writing by the Engineer.
b) 1-½” or 2” Standard Water Service.
The service saddle for this size service shall be Ford 202B, Jones J -979 or Mueller H16100. In high corrosive areas – Ford FC202 or equal when approved in writing by the Engineer.
.
212-10.3.4 Adaptors.
a) 1” and Smaller Standard Water Service.
Ford A34 adaptors are as required with ⅝” and ¾” water meters only or equal when approved in writing by the Engineer. .
b) 1-½” or 2” Standard Water Service.
Ford A67 adaptors are as required with 1 -½” or 2” water meters or equal when approved in writing by the Engineer.
212-10.3.5 Meter Coupling or Flange.
a) 1” and Smaller Standard Water Service.
1” x 1 -¼” Ford C 38- 44-2.625 meter coupling shall be supplied or equal when approved in writing by the Engineer.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 261
Special Provisions
Project: MS - 181 City of Chino Part 2 – Page 9 of 10
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Materials
b) 1-½” or 2” Standard Water Service.
The bronze 2” meter flange shall be Ford CF34- 77NL for copper or CTS HDPE tubing.
212-10.3.7 4” and Larger Service.
Shall be per the City of Chino Standard Specifications and Drawings 415A and 415C (included in the Appendix). The City will be supplying only the meter Notes: 1, and the Contractor shall supply all items specified in Notes: 2 through 20.
212-10.4 Meters.
Replace Specification Section with:
Water meter and sensor unit will be provided and installed by the City of Chino Finance Department. Contact the City of Chino Finance Department (909) 334-3353. See City of Chino Standard Specifications and Drawings (the City will be supplying the meter only on Drawing 415A, Notes: 1).
If “jumpers” are used during construction the “jumper” shall be furnished by the City of Chino Finance Department and are only permitted on potable domestic services 1” or smaller in size.
212-10.6 Meter Boxes.
212-10.6.1 General.
Delete Sentence and Insert the following:
Meter box and cover shall be by Armorcast Products or equal as approved in writing by the Engineer. Vaults shall be by Brooks Products, Quick Set or Jensen Precast or equal when approved in writing by the Engineer.
212-10.6.2 Dimensions.
Delete Sentence and Table 212-10.6.2 and Insert the following:
a) 1” and Smaller Standard Water Service.
1) Armorcast Products box shall be P6000485, lid shall be A6000484-H7 or A6000484-H9 or as specified by the Engineer.
b) 1-½” or 2” Standard Water Service.
Armorcast Products box shall be P6001534x12 and the cover shall be A6001643-H9 or A6001643-H7, as specified on the Project Plans.
c) 4” and Larger Standard Water Service.
Vaults shall be by Best Concrete Products, Brooks Products or Quick Set or equal
when approved in writing by the Engineer. The v ault shall have an 18” minimum clearance on all sides of the meter assembly. All vaults shall have traffic covers.
Parkway covers will not be acceptable or allowed. Covers shall have a 7- ½” round reading lid centered over the meter. The cover shall be equipped with “Easy Open” and spring assist assembly to provide one man access to the vault/meter. Concrete piers shall be provided to be placed under the vault corners.
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Special Provisions
Project: MS - 181 City of Chino Part 2 – Page 10 of 10 REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Materials
SECTION 216 – PRECAST REINFORCED CONCRETE BOX
216-1 GENERAL.
216-1.1 City of Chino Requirements.
Insert Subsection:
Water service vaults shall be Best, Brooks Products, Quick Set, J & R Concrete series 400 or an approved equal.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 263
Special Provisions
Project: MS - 181 City of Chino Part 3 - Page 1 of 23
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Methods
PART 3 – CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General.
Insert after second (2nd) Paragraph:
Viramontes Express/Red Star is the City of Chino’s green waste processor. The City of Chino is attempting to “Close the Loop” by keeping Chino’s waste in Chino.
300-1.2 Root Pruning and Tree Trimming.
Delete Subsection and Add the following:
The Contractor shall remove interfering tree roots in accordance with the following:
Tree roots shall be severed cleanly by using a speed saw and/or ax only. The use of a backhoe shall not be permitted to pull tree roots. Tree root cuts shall be kept moist and covered with burlap to maximize protection.
The Assistant Public Works Director or Engineer shall be notified prior to the removal of roots four inches (4”) in diameter or larger.
Please contact: Public Works Services Division (909) 334-3266
300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General.
Insert the following after first (1
st) Paragraph:
The Contractor is encouraged to recycle all materials. The Contractor shall provide the City all documentation as to the weight of the material in accordance with the requirements of AB 939. See Section 306-3.2 Removal of Surface Improvements and 401-1.1 General.
The Contractor is required to provide their own investigations as to the current geologic conditions affecting the Work within the Project Limits.
300-2.2 Unsuitable Material.
300-2.2.1.1 Hazardous Waste.
Insert the following Subsection:
The Contractor shall promptly, and before the following conditions are disturbed, notify the Engineer in writing, of any:
a) If during excavation the Contractor encounters materials or other objects that may be hazardous waste as defined in Section 25117 of the Health and Safety Code, the material is required to be removed to a class i, class ii, or class iii disposal site in accordance with provisions of existing law.
b) Subsurface or latent physical conditions at the site differing from those indicated.
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c) Unknown physical conditions at the site of any unusual nature, difference materially from those ordinarily encountered and general ly recognized as inherent in work of the character provided for in the contract.
Following notification from the Contractor; t he City shall promptly investigate the conditions, and if it finds that the conditions do materially differ or involve hazardous waste and cause a decrease or increase in the Contractor’s cost or time required for the performance of any part of the change in scope of work, a change order will be issued per the procedures described in the Contract Documents . The Contractor must have approval from the City prior to commencing with any change.
300-2.2.1.2 Asbestos in Existing Improvements
Insert Subsection:
All asbestos removal or abatement shall comply with the requirements of Title 8, CCR, General Industry Safety Orders and Construction Safety Orders. The removal or abatement Work shall be performed by a licensed and registered abatement firm.
SECTION 301 – SUBGRADE PREPARATION, TREATED MATERIALS, AND
PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION.
301-1.2 Preparation of Subgrade.
Insert after last Paragraph:
Prior to placement of paving and concrete for sidewalks, curb ramps and driveways, the subgrade shall be sprayed with a weed control such as “Spike 80” or an approved equal.
The weed control shall be applied with a photosensitive dye which produces a contrasting color upon application and dissolves or fades within two (2) to three (3) days. The dye shall not be harmful to animals or plant life when applied at the manufacturer’s specified rate.
Weed control shall not be applied when weather conditions are unsuitable for such work. A certificate, document placement shall be furnished to the Engineer prior to paving.
301-1.3 Relative Compaction.
Remove from first (1
st) Sentence:
Except in alleys,
Delete Second (2
nd) Sentence and Insert:
Exterior flatwork shall be directly supported on 95% compacted, silty sandy soil. Subgrade soils under laying in slab areas shall be maintained in a moist condition until just prior to the placing of concrete slabs. If other materials are used the compaction must meet 95%.
Aggregate Base placed below street paving shall be required to meet 95% compaction.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 265
Special Provisions
Project: MS - 181 City of Chino Part 3 - Page 3 of 23
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Methods
SECTION 302 – ROADWAY SURFACING
302-1 NOT USED
Insert New Subsection:
302-1 PAVEMENT CRACK PREPARATION
Cracks shall be cleaned of all dirt, sand and debris using no less than a 175 cfm compressor at 100 psi to insure cleanliness of asphalt walls to a proper depth (1:1 ratio). All vegetation shall be remove4d by mechanical means using a ¼” wide rotating bla de to insure proper vegetation removal in narrow cracks. Prior to, or after removal, herbicide approved by Engineer shall be applied to cracks. The approved herbicide should be applied at least ten (10) days prior to the placing of the slurry. Moisture shall be removed by using a hot air lance accompanied by no less than a 175 cfm compressor producing an air stream velocity of 3,000 ft/sec and heated air temperature of 295° with no direct flame.
Cracks larger than ¼” and up to and including ⅜” shall be routed to a width of ½” and a depth of ¾” and shall be filled. Cracks greater than ⅜” shall be filled but need not be routed. Cracks in excess of 1 -inch width shall be filled with asphalt. The Contractor is cautioned to make their estimate of the linear footage of the cracks to be filled . All debris generated by the pavement crack cleaning shall be removed from the area before the end of the day on which the cleaning occurs.
Sealant shall be applied to prepared cracks by inserting a nozzle into the crack and filling it from the bottom up with the approved sealant material.
Sealant shall be applied according to manufacturer’s specifications, using manufacturer’s recommended equipment. Manufacturer’s specifications and equipment recommendations shall be furnished to the Engineer prior to construction during the submittal process.
After filling the cracks with sealant, a “U” shaped squeegee shall be used to strike off excess material and to provide a band-aid effect with the sealant. Any excess sealant material shall be removed from asphalt surfaces. After the sealant has cooled, there should be a depression between ⅛” and ¼” in depth.
All filled cracks shall be made flush with the surrounding pavement surface. All freshly applied sealant shall be immediately covered with sand or rock dust to prevent tracking by vehicle tires when area is opened to traffic
302-2.1 SCHEDULING, PUBLIC CONVENIENCE AND NOTIFICATION Delete “Not Used.” and Insert the following:
Residents and businesses shall be notified by placement of door hangers, a minimum of forty- eight (48) hours before the beginning of the scheduled work.
Construction shall be phased such that only one (1) access ramp is closed and under construction at any time. Contractor shall provide a minimum 5 foot (5’) path of travel at all times during construction and shall provide pedestrian/bicycle detours.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 266
Special Provisions
Project: MS - 181 City of Chino Part 3 - Page 4 of 23
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Methods
302-4 SLURRY SEAL SURFACING.
302-4.1 General.
Insert after the first (1st) Paragraph:
The Contractor is responsible to provide a complete system in satisfactory working condition with respect to the functional purpose of slurry work.
It is the responsibility of the Contractor the keep all w ater valve canisters free of slurry material. Prior to final acceptance, the Contractor shall uncover each water valve and canister and manhole cover for the City Project Inspector to accept.
See subsection 302-1 for Pavement Crack Preparation requirements.
302-5 ASPHALT CONCRETE PAVEMENT
302-5.8 Manholes Adjustment to Grade
Delete “Not Used.” and Insert the following:
All sanitary sewer, storm drain and water manholes, frames and covers shall be double adjusted. Water valve cans and vaults shall also be double adjusted. Adjustments and all appurtenant work shall be as included in the unit or lump sum prices for other work, as consider appropriate, and no additional compensation will be allowed. Also see Special Provisions Part 4, Section 403 for further information.
SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.
303-5.1 Requirements
Insert into Subsection:
City of Chino Requirements:
1. Concrete curbs and gutters shall be constructed in accordance with City of Chino Standard No, 205, with Mix Design 560 C 3250, in place with the exception that expansion joints shall not be more than twenty (20) feet, and weakened plane joints shall be at ten (10) foot intervals.
2. Concrete curbs and gutters, sidewalks, cross gutters, driveways and access ramp work shall satisfy the following as applicable:
a. Formwork shall be approved by the inspector before pouring is started. b. Expansion joint material shall be a pre- molded asphalt expansion joint filler and shall penetrate and be continuously one piece through the curb and gutter.
c. Shapes and sizes of concrete curbs and gutters shall be as indicated on the drawings and the concrete shall be placed in such a manner as to prevent distortion of the forms and shall be vibrated as required to insure and acceptable product.
d. As soon as the concrete will allow, strip the forms and trowel smooth the curb
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Project: MS - 181 City of Chino Part 3 - Page 5 of 23
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face and top. Tool the edges of expansion joints with an approved ½ -inch- edging tool.
e. The completed curb and gutter shall be protected from damage until accepted.
f. Where any curb and gutter requires repair before acceptance, the repair shall be made by removing and replacing the entire curb and gutter between joints and not by refinishing the damaged portion.
3. Construction shall be phased such that only one (1) access ramp is closed and under construction at any time. Contractor shall provide a minimum 5 foot (5’) path of travel at all times during construction and shall provide pedestrian/bicycle detours.
303-5.1.1 General.
Insert as first (1
st) Paragraph:
No Portland Concrete Cement (PCC) shall be ordered and/or poured until the forms and subgrade have been inspected and approved by the Inspector in the field. All pull boxes, water meter boxes and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer ’s Representative in the field prior to placement of the PCC. The Contractor shall barricade and protect placed PCC from all damages, marks, mars and/or graffiti. Any PCC damaged, defaced, discolored or defectiv e shall be replaced at the Contractor’s expense.
Add the following after the last paragraph:
Unless otherwise shown on Plans, and except as noted below (303- 5.1.3), the minimum thickness of walks shall be four inches (4”) thick. The thickness of gutters, cross gutters, alley intersections, access ramps, and driveway aprons shall be as shown on the Plans.
303-5.1.1.1 Adjustment of Pull Box and Cover Set to Grade.
Insert Subsection:
Pull Box frames and covers within the area to be paved, poured or graded shall be set to finish grade and to meet current ADA requirements by the Contractor as required by the plans and specifications. New pull boxes and covers shall be provided by contractor if damaged, or requiring adjustment. Refer to 701-11 PULL BOXES for additional details.
Adjustment of Pull Box and cover including irrigation, miscellaneous utilities, conduits and traffic signal wiring and fiber optic cable wiring to grade and all appurtenant work shall be as included in the unit or lump sum prices for other work and no additional compensation will be allowed.
303-5.1.2 Drainage Outlets Through Curb.
Add the following to first paragraph:
Coring shall be required for all drains through existing curbs. Existing drainage outlets shall be maintained in place. If removed, replace with like size in diameter and length, or as directed by the Engineer, if relocation or change in size better serves property.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 268
Special Provisions
Project: MS - 181 City of Chino Part 3 - Page 6 of 23
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Methods
303-5.1.3 Driveway Entrances.
Delete third (3rd) Paragraph, Replace with:
When a walk is to be constructed across driveway entrances to non- residential establishments shall be eight inches (8”) thick unless otherwise shown on Plans. At residential driveways, the thickness of the walk will be six inches (6”) unless otherwise shown on the Plans.
303-5.4.3 Weakened Plane Joints.
Replace in subsection a) General the third (3
rd) paragraph with the following:
All weakened plane joints shall be spaced at a maximum of ten feet (10’) for curbs and gutters.
Where integral curb and gutter is adjacent to concrete pavement, the joint shall be aligned with the pavement joints where practical.
Add in subsection a) General. as the last paragraph:
Scoring lines shall conform to those prevailing in the area and be uniform in spacing not to exceed a maximum of five feet (5’).
303-5.5 Finishing.
303-5.5.2 Curb.
Replace the first (1
st) sentence of the first (1st) paragraph with the following:
The curb and gutter surface shall not vary more than 0.01 foot from a ten- foot straightedge except at grade changes. Prior to the removal of the forms, the surface shall be finished true to grade by means of a straightedge float of not less than ten feet (10’) in length, and operated longitudinally over the surface of the concrete. Form clamps shall be so constructed as not to interfere with the operation of the float. The form on the front of the curbs shall not be removed less than one (1) hour and no more than six (6) hours after the concrete has been placed. In no event shall forms be removed while the concrete is sufficiently plastic to slump.
The top and face of the finished curb shall be true and straight and top surface of curbs shall be on uniform width, free from humps, sags, and blemishes or other irregularities.
Concrete curbs and gutters shall be constructed in accordance with City of Chino Standard No, 205, in place with the exception that expansion joints shall not be more than twenty (20) feet, and weakened plane joints shall be at ten (10) foot intervals.
Curb finish shall be fine broom.
303-5.5.3 Walk.
Insert the following before the first paragraph:
Sidewalks shall also be constructed in conformance with the City of Chino Standard Drawing No. 230 with Mix Design 560 C 3250.
Exterior walkways and flatwork shall be directly supported on 95% compacted, on- site silty sandy soil. Subgrade soils underlying in slab areas shall be maintained in a moist condition until just prior to the placing of concrete slabs. The Contractor shall be responsible for providing
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 269
Special Provisions
Project: MS - 181 City of Chino Part 3 - Page 7 of 23
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Methods
the necessary soils testing prior to construction.
Add the following after the first paragraph:
The sidewalk surface shall not vary more than 0.02 foot from the ten-foot straightedge except at grade changes and the finished surface shall be free from humps, sag, blemishes or other irregularities. All sidewalks shall be a minimum of four inches (4”) thick except at driveways pursuant to Section 303-5.1.3 Driveway Entrances (and above).
303-5.5.4 Gutter.
Insert the following as the first sentence of the first paragraph:
Cross gutters and spandrels shall be constructed in accordance with the Standard Plans for Public Works Construction (SPPWC) – 2021 Edition, Standard Plan 122- 3 with Mix Design 560 C 3250.
Concrete curbs and gutters shall be constructed in accordance with City of Chino Standard Drawing No. 205, in place with the exception that expansion joints shall not be more than twenty (20) feet, and weakened plane joints shall be at ten (10) foot intervals.
Gutter finish shall be fine broom.
Delete Subsection and insert:
Alley intersections, access ramps, sidewalk/curb ramps, and driveways shall be constructed per design drawings and conform to the City of Chino Standard Drawings 210, 215, 230, 235, 240, 245, 250, 255. Curb Face depressions shall conform to the details of the plans, ADA and Title 24, these Specifications or whichever is the most stringent or as directed by the Engineer.
Except of final finishing for alley intersections, access ramps, and any sloping portion of driveways shall be done by hand with a wood float and the remaining portion of the driveway finish as specified for walks (fine broom per City of Chino Drawing 210, Note 3).
303-5.7 Repairs and Replacements.
Delete sentence and Replace with:
New or existing PCC with in the project limits and adjacent are as that is damaged, broken, chipped or cracked as a result of the Contractor’s construction activities and identified by the Engineer shall be removed and replaced by the Contractor, cost shall be the responsibility of the Contractor.
All PCC removals shall be made by removing and replacing the entire section between joints.
If utility cuts are required across PCC improvements, the entire section shall be removed and replaced (i.e. sidewalk panels, cross gutters, etc.).
303-5.9 Measurement and Payment.
Delete sentence and replace with:
Payment for concrete curbs and gutters, sidewalks, cross gutters, driveways and handicap ramps shall be at the contract bid item prices and shall include full compensation for subgrade preparation, base material, placement, materials, all labor, tools, equipment, required
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Project: MS - 181 City of Chino Part 3 - Page 8 of 23
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phasing, and incidentals necessary to do all of the work involved thereof, complete, in place and accepted.
Measurement shall be from the Beginning of the Curb Return to the End of Curb Return (unless shown otherwise on the plans to include additional sidewalk flatwork installation) and shall include all removals, replacement, lowering and raising of pullboxes, conduits, wiring, and utilities to grade within the removal/replacement area. All cracked or damaged pull boxes and lids, whether existing or new, shall be provided and installed by contractor including removals of existing facilities and required earthwork removal. All conduits, wiring utilities, irrigation, sprinklers, landscaping, boxes, etc. that are affected by construction of sidewalk or access ramp shall be provided and installed by the contractor, including removals of existing facilities.
Full compensation for conforming to the requirements of this Section in its entirety shall be considered as included in the various items of work involved and no additional compensation shall be allowed therefore.
SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION
306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND APPURTENANCES.
306-2.1 General.
306-2.1.1 Water Meter Boxes.
Insert Subsection:
Water meter boxes shall be considered as part of the water service and shall be brought to grade and leveled prior the installation of the water meter.
306.3 Trench Excavation.
306-3.2 Removal of Surface Improvements.
Delete Sentence and insert:
The Contractor is encouraged to recycle all materials when possible. The Contractor shall provide the City all documentation as to the weight of the materials in accordance with the requirements of AB 939. See Section 300- 2.1 – General and 401 of the Greenbook and Special Provisions.
306-3.3 Removal and Abandonment of Existing Conduits.
Add before first (1
st) Sentence:
Also see Part 4- Existing Improvements.
Insert after second (2
nd) Paragraph:
Sewer Lateral Abandonment shall be per City of Chino Standard Drawing 505. The minimum PCC mix design shall be 520 C 2500 or maximum of 560 C 3250.
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306-3.5 Maximum Length of Open Trench.
Insert the following after the first (1st) paragraph:
If the maximum open trench length is exceeded, the Contractor shall provide temporary steel plates at key locations at no additional cost to the City . Vehicles must be able to cross the street and have access to the driveways on the opposite side.
The Contractor shall limit puncture, break up or excavation resulting in an open trench to 200 feet in advance of pipelines unless approved otherwise by the City Engineer. All streets and sidewalks must be plated, cleaned up and ready for vehicle and pedestrian traffic at the end of each workday unless special 24 hour full closure permit is approved.
306-3.7 Sanitary Sewer Main Trench Depth.
Add Subsection:
The cover from the top of the pipe to the finished surface shall be a minimum of five feet (5’) and a maximum of eighteen feet (18’). Any exceptions must be specifically approved by the City Engineer.
306-3.8 Water Main Trench Depth
Add Subsection:
Water mains constructed within the public right -of-way shall have a minimum cover of 42 inches (42”) from the finished street surface/top of pavement. Grading shall be straight unless otherwise indicated on the plans.
306-3.9 Sanitary Sewer and Water Main Locations.
306-3.9.1 General.
Add Subsection:
Sewer and water mains should be separated as far as reasonable in both the horizontal and vertical directions with sewer mains always lower than water mains. The minimum horizontal separation shall be ten feet (10’). For perpendicular construction, water mains shall be three feet (3’) above the sewer main and shall cross at a 90° angle. A length of sewer pipe shall be centered at the crossing so that the sewer joints are the maximum distance from the water main. If any of these conditions cannot be met, the design will need to be reviewed and approved by the State Water Resources Control Board – Division of Drinking Water prior to City approval.
306-3.9.2 Sanitary Sewer Locations.
Add Subsection:
No sewer laterals shall pass under a drive approach or driveway. Drive approaches and sewer lines shall be staked at the same time.
306-3.9.3 Water Main Locations.
306-3.9.3.1 New Street Construction.
Add Subsection:
Water mains shall be located twelve feet (12’) north of or twelve feet (12’) east of the street
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centerline unless otherwise indicated in plans.
Water and sewer mains shall be separated as far as reasonable in both the horizontal and vertical directions with water mains always higher than sewer mains. The minimum horizontal separation shall be ten feet (10’). For perpendicular construction, water mains shall be constructed 3 feet above the sewer main and shall cross at a 90° angle. A length of sewer pipe shall be centered at the crossing so that the sewer joints are the maximum distance from the water main. If any of these conditions cannot be met, the design shall be reviewed and approved by the State Water R esources Control Board – Division of Drinking Water prior to City approval.
306-4 SHORING AND BRACING.
Insert the following after the second paragraph:
The Contractor shall be required to supply a copy of shoring plans and specifications and any permit required by the Division of Industrial Safety at the time of the preconstruction meeting (per 3-8 Submittals and Table 3-8.2, Item 4).
All material used for protection shall be removed from the Work unless it has been approved to remain in place by the Engineer. SPEEDY HYDRAULIC SHORING or approved equal must be submitted for review.
Shoring is considered to be adequate sheeting, shoring, bracing, or equivalent method for (1) protection of life and limb which shall conform to applicable safety orders; (2) protection of existing underground and above-ground private and public improvements; and (3) the remedy of any and all conditions encountered, regardless of depth, (including, but not limited to trench sluffing, pavement separation, etc.) during the construction of the Work.
Excavation for any trench five (5) feet or more in depth shall not begin until the Contractor has received appr oval from the Engineer of the Contractor’s detailed plan for worker protection from hazards of caving ground. Such plan shall be submitted at least three weeks before the Contractor intends to begin excavation and shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during excavation. No such plan shall allow the use of shoring, sloping or a prot ective system less effective than required by State of California Department of Industrial Relations, Division of Occupational Safety and Health.
All plans for bracing the excavation must be prepared and signed by a registered Civil or Structural Engineer in the State of California.
Prior to the beginning of excavations requiring shoring, the Contractor shall designate in writing to the Engineer someone whose responsibility it is to supervise the project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring and bracing.
In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor’s responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of loads which may exceed those desired by using the criteria set forth in the Industrial Safety Orders.
The Contractor shall be solely responsible for any damages which may result from his failure
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to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction.
306-5 DEWATERING.
Changed per Greenbook Errata #1 (04-08-2019) “Unless otherwise specified, dewatering shall conform to 3-12.6.4.” (last sentence of first (1
st) Paragraph:
Add to second (2nd) Paragraph:
Removal of ground water shall be performed to a level sufficiently below the structure subgrade to ensure a firm and stable subgrade for the construction of structures.
Add after second (2
nd) Paragraph:
The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the ex cavations or other parts of the Work. No concrete footing or floor shall be laid in water, nor shall water be allowed to rise over them until the concrete or mortar has set at least eight hours (8) hours.
Water shall not be allowed to rise unequally agai nst walls for a period of twenty -eight (28) days. Dewatering for the structures and pipelines shall commence when ground water is first encountered and shall be continuous until such time as water can be allowed to rise in accordance with the above. Dewatering shall be accomplished by well points or some other method which will ensure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the Engineer.
Disposal of water from dewatering operations shall be at the sole responsibility of the Contractor. Disposal methods shall conform to the Porter-Cologne Water Quality Control Act- 1974, the Federal Water Pollution Control Act Amendments of 1972, and the California Administrative Code, Title 23, Chapter 3.
306-6 BEDDING.
Add the following subsections:
306-6.1.1 Sanitary Sewer Pipe. Sewer pipe bedding and trenching backfill shall conform to City of Chino Standard Drawing No. 109A -B – Trench Backfill and Roadway Repair (Included in Appendix). Pipe bedding shall be compacted to ninety percent (90%) compaction.
In addition to the Standard Drawing No. 109A -B the following shall be included for the installation of the Vitrified Clay Pipe (VCP). Also refer to the National Clay Pipe Institute (NCPI) Engineering Manual for Vitrified Clay Pipe.
The VCP is generally installed with the bells pointing upgrade. The pipe barrel must rest firmly and evenly on the trench bottom or bedding material to support the trench load. Bell or coupling holes must be dug to ensure that the pipe barrel and not the bells nor couplings support any part of the load which the barrel is designed to support . If a trench box is used and within limits of the pipe zone, re- excavation of bell hole may be necessary on the last pipe laid if filled with bedding material during box advancement. The pipe shall be installed to the design line and grade. The pipe is then installed using a laser or grade liner. It is advisable to use short lengths of pipe in and out of manholes and structures for additional
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flexibility.
The bedding or backfill materials shall be sliced into the haunch areas of the pipe with a shovel or other hand tool to fill the voids in the area. The proper haunch support is necessary for the achievement of the load factor and structural integrity of the pipe. Lack of proper haunch support can cause a pipeline failure.
306-6.1.2 Storm Drain Pipe. Storm drain pipe bedding and installation shall conform to Los Angeles County Department of Public Works Standard Plan No. 3080-3, Case 3. Locally excavated native materials may be blended to the required sand equivalency of 30 or greater.
In any case, where rock bedding under the pipe is required by the Engineer for stabilizing unstable subgrade due t o existing ground conditions (not attributable to the Contractor’s operations or methods), such rock bedding materials shall be paid for at the job site delivered price as Extra Work, as provided by Subsections 2- 6 through 2- 9 and 7 -4 of the General Provisions portion of the 2 021 Greenbook Standard Specifications and amended by these Contract Documents.
306-6.5 Placement and Compaction.
306-6.5.1 General.
Delete all references to jetting.
306-7 PREFABRICATED GRAVITY PIPE.
306-7.4 Vitrified Clay Pipe (VCP).
306-7.4.2 Installation.
306-7.4.2.1 General.
Insert the following:
Compression joints shall be assembled in strict accordance with the manufacturer’s recommendations. Particular care should be taken to keep foreign materials from interfering with proper joint assembly. The mating surfaces of the joint should be wiped clean and lubricated prior to assembly following the manufacturer’s recommendations.
All compression joints (Type “G”) are manufactured in accordance with ASTM C425 Compression Joints for Vitrified Clay Pipe and Fittings.
306-7.8 Gravity Pipeline Testing.
306-7.8.2 General.
Insert after first (1
st) Paragraph:
All water p ipeline shut down requests, pressure testing, disinfection, and commissioning scheduling shall be from Monday to Thursday each week with the exception of holidays.
306-7.8.2.1.1 Pipe Flush and Test Water Disposal Restrictions.
Insert Subsection:
No sewage or water from flushing and testing operations shall be discharged into the City sewer system unless authorized by the City Inspector.
306-8 PREFABRICATED PRESSURE PIPE.
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306-8.8 Valves, Hydrants, and Appurtenances.
306-8.8.2 Installation.
Insert the following Sentence:
“Size on Size” hot taps are not permitted.
306-8.8.2.1 General.
Insert after the first (1
st) Paragraph:
All Fire Protection Related Plans and Fire Sprinkler Service “Point of Connection” and related underground service lines must be approved by the Chino Valley Independent Fire District ((909) 902-5260) prior to any fire service hot tap or water main connections.
Fire hydrant assemblies shall be installed per City of Chino Standard Drawings 445A, 445B and 445C (included in the Appendix). Hydrant locations shall be marked per City of Chino Standard Drawing 446 (included in the Appendix).
Fire hydrants not accept ed for service shall be covered indicating that the hydrant is not in service.
306-8.8.4 Service Connections.
Delete second (2
nd) Paragraph and replace with the following:
A “W”, three inches (3”) wide and three inches (3”) high shall be stamped in the curb face at the water lateral location, three inches (3”) below the top of curb.
Insert after second (2
nd) Paragraph:
A minimum one inch (1”) water service shall be provided to each service address. Standard water service of 1” and smaller shall be installed and set nine inches (9”) behind the curb or behind the sidewalk in areas protected from vehicular or pedestrian traffic per City of Chino Standard Drawings 405A and 405B. Others sized services shall be as shown on the Project Plans or specified in the Project Technical Specifications or Special Provisions.
Water meter box and cover, piping, fittings, tubing, adaptors and all other components shall be provided and installed per City of Chino Public Works Department Standard Drawings 405A and 405 B and 410A and 410B (included in the Appendix) the use of inserts on polyethylene pipe shall not be allowed for water services two inches ( 2”) and less. These inserts are only recommended by the polyethylene pipe manufacturer and not required to be used at the compression fitting connection. City of Chino will provide and install the water meter and sensor when required.
Water meter boxes and all other materials required for the water service shall be brought to grade and leveled before the City will install any water meters.
306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning. 306-8.9.1 General.
Add to subsection:
An approved RP backflow preventer or double check will need to be in place prior to any
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flushing or disinfection procedure. Certification that the backflow preventer on site has been tested recently will be supplied to the Inspector prior to the start of the flushing or disinfection operation.
Each section of the water main to be tested, flushed or disinfected shall be performed with water from the nearest source by a means approved by the Inspector and/or Water Department. The connection shall have a tested and approved backflow device connected to the source supply.
306-8.9.1.1 Water Department Shutdown Requests.
Add Subsection:
All shutdown request notifications shall be submitted to the Inspector 72 hours prior to the required shutdown time, this will allow for notification to be received by the Water Department 48 hours in advance. R equests shall be in writing, submitted using the City of Chino Water Department – Water Main Shutdown Form (included in the Appendix) and include the following information who, what, where, when and anticipated length of time for the shutdown.
No Shutdown Requests shall be submitted for Fridays, the Water Department is not available on Fridays. Upon receipt of the request the Water Department will do a field investigation to determine who is affected, valve locations and feasibility of the shutdown request. The Water Department will then inform the inspector if the shutdown is possible, or if the following special requirements will be needed:
Examples may include, but are not limited to:
• Night and/or Weekend Work
• Providing an alternate (high-line) water source for the affected area • Providing Portable Restrooms
• Providing Bottled Water
306-8.9.1.1 Water Discharge and Disposal.
Add Subsection:
The water discharged from the new water system as a result of flushing, testing or disinfection procedures shall have a residual chlorine content not to exceed 0.1 mg/l prior to entering the storm drain system. The discharge process shall be in accordance with the California Regional Water Quality Control Board requirements. (Regional Board 8, Santa Ana, 3737 Main Street, Suite 500, Riverside, CA 92501-3339, (951) 782-4130).
It is the Contractor’s responsibility to dispose of the flushed water or the chlorinated water from the project area. The Contractor is responsible for the protection of all property from flooding or other damage during all discharge operations. A ny damage as a result of the operations is the responsibility of the Contractor. The Contractor is to ensure that any discharge of water will not impede on another Construction Site or cause disruption of Construction downstream. The Contractor shall prevent the consumption of water for all uses from mains that have not been disinfected whether by their workmen, Subcontractors or any other person who may come in contact with the contaminated water. Discharged water shall not have an adverse effect on any receiving water of the United States.
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The Contractor shall channel (using sandbags or other means) flushing flow. The Contractor shall post “Flooding Ahead” signs in streets as required and as directed by the Inspector or Water Department.
The Contractor shall indemnify and hold the City harmless from any suits, claims or actions brought by any person or persons for, or on account of, any sickness or death sustained or arising out of the consumption of water from the flushing operations of the new main or main itself until final acceptance by the City.
308-8.9.2 Hydrostatic Pressure Test.
306-8.9.2.1 General.
Insert after first (1
st) Paragraph:
The Contractor at the Contractor’s convenience, may conduct a preliminary pressure test at any time prior to the City’s pressure test. The results of the preliminary test will not be considered by the City.
306-8.9.2.1.1 Payment.
Add Subsection:
All testing includes labor, materials and equipment to perform at the expense of the Contractor, until satisfactory results are acheived. Costs are included in the Contract Unit Price per Section 306-15 Payment. This shall include, but not limited to, the pump, backflow preventer device, pipe connections, bulkheads, pressure gauges and other materials required to perform the tests, repair and replacement of damaged pipe, restoration of bedding, backfill and recompaction and testing of compacted materials at failed areas, with no additional cost to the City.
308-8.9.2.2 Preparation.
Insert after last Paragraph:
The pressure test shall not be performed until the following conditions are met:
a) All blowoffs, air valves, services, hydrants and any other connections have been installed and adjusted to final grade and location.
b) The backfill material shall have been compacted to the required compaction as verified by the Geotechnical firm associated with the project.
c) All concrete anchor and thrust blocks shall have cured for a minimum of three (3) days.
d) Base materials with the exception of the final surface course of asphalt concrete, may be placed prior to the pressure test.
306-8.9.2.3 Allowable Leakage.
Delete at end of first (1
st) Paragraph:
…or AWWA C605.
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Add to end of first (1st) Paragraph:
The test pressure applied to the water main and laterals for the leakage test shall be maintained as constant as possible for a minimum of four (4) hours concurrently with the hydrostatic pressure test.
306-8.9.2.4 Test Procedure.
Delete second (2
nd) Paragraph and Insert:
The test pressure shall be 250 PSI as measured at the lowest elevation of the water main under the test. The maximum length of pipe to be included in any one test shall not exceed 2,500 feet per this subsection.
Insert in fifth (5
th) Paragraph, after second (2nd) sentence:
The connection shall have a tested and approved backflow device connected to the source supply.
Insert at the end of the fifth (5
th) Paragraph:
No pressure testing against closed valves is allowed. A test plate must be installed installed at all closed valve locations.
Insert in seventh (7
th) Paragraph, after first (1st) Sentence:
All air shall be vented from high spots in the water main, fire hydrants and services prior to the beginning of the pressure test. If hydrants or other outlets are not available, taps shall be made at the high points to expel the air and shall be capped at the water main after testing.
The taps and caps are by the Contractor and at the Contractor’s expense. The locations shall be reviewed and approved by the Inspector prior to installation.
Insert at the beginning of eighth (8
th) Paragraph:
The pressure test shall be applied by means of a pump connected to the pipeline in a manner approved by the Inspector.
Insert at the end of eighth (8
th) Paragraph:
The Inspector may check the test pressure by having the Contractor install City pressure gauges in lieu of the Contractor’s gauge. In the case of a difference in pressure readings between gauges, the City’s gauge reading shall govern. All laterals shall be tested at the same pressure and for the same duration as the mainline pipe.
Insert at the end of the ninth (9
th) Paragraph:
Defective pipe, fittings, valves and other connections discovered during the test shall be removed and replaced. All gaskets, if used, shall be used only once. Repair clamps or any kind or type are not permitted. The Inspector shall be notified of any repair work performed.
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306-8.9.4.3 Potable Water System Disinfection Procedures.
Insert at the end of first (1st) Paragraph:
All newly installed water mains and laterals shall be disinfected in accordance with AWWA C651-14, Disinfecting Water Mains , the City of Chino Speci al Provisions and City of Chino Standard Specifications and Plans. The Contractor must use approved companies who are licensed to perform chlorination.
Delete the following in the third (3
rd) Paragraph:
…50 mg/l nor more than 100 mg/L
Replace with:
100 mg/L (milligrams per liter) nor more than 150 mg/L
Insert after the third (3
rd) Paragraph:
The liquid chlorine solution shall be directly and continuously fed into the beginning of the system to be disinfected using hypo (sodium hypochlorite less than or equal to 15%; typically
12.5%) or by mixing Cal-hypo (calcium hypochlorite 65 – 70%) granular or tablets dissolved into a liquid solution as outlined in Subsection 5.2 of AWWA C651-05 except as modified by the City Engineer.
The continuously fed liquid chlorine solution shall be applied through a corporation stop installed for this purpose, or through any other opening that maybe allowed by the Inspector or as required by the Water Department. Water used for the disinfection process shall be obtained from the existing distribution system. The rate of flow shall be so controlled that water will flow slowly into the line for disinfection during the application of chlorine. The end of the line being chlorinated shall be kept open and running during the application of the chlorine and until the desired chlorine concentration is reached, after which each curb stop, fire hydrant, air valve line or any other connection to the water main shall be individually opened and flushed. After the water main and all laterals have been loaded with chlorine to the proper concentration, the water source, chlorine feeder and all other openings to the water main shall be closed.
Tablets inserted or glued inside the pipe length shall not be used.
Either product sodium hypo or calcium hypo shall be NSF 61 approved for potable water use.
Safe handling practices contained in AWWA Manual M-20 shall be followed by the Contractor.
The Safety Data Sheet (SDS) shall be kept on site.
Replace in fourth (4
th) Paragraph of Greenbook Subsection:
25 mg/L with 50 mg/L
Insert at the end of the fourth (4
th) Paragraph:
The chlorine content of the water shall be tested with the Inspector present and if found to be less than 50 mg/L after 24 hours of contact, the water main and laterals shall be flushed,
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rechlorinated and held for another minimum of 24 hours.
Insert at end of fifth (5th) Paragraph:
… all tests are passed, at the Contractor’s expense.
Insert at end of eighth (8
th) Paragraph.
In no case shall a chlorine solution of over 1.0 mg/L be held in the main or laterals for more than five (5) days from the initial injection of chlorine to the final flush of the system. The water shall be dechlorinated to achieve a residual chlorine content not to exceed 0.1 mg/L prior to discharging into the storm drain system. The flushing procedure shall be in accordance with the California Regional Water Quality Control Board requirements. There are two (2) options for disposing chlorinated water from the Project Site:
1. The Contractor may treat the chlorinated water with neutralizing chemicals. The treatment shall effectively neutralize the chlorine remaining in the water. After this treatment the water can be discharged into the storm drain system. The Inspector or Water Department shall be present during this process.
2. The Contractor shall dispose of the chlorinated water by trucking to a State of California approved treatment disposal plant.
306-8.9.4.5 Dechlorination and Flushing.
306-8.9.4.5.1 Flushing Request.
Delete AWWA C655 and replace with AWWA C651-14.
Add Subsection:
A 72-hour (3 day) written notice requesting a scheduled flush through the Inspector allows the Inspector to give the Water Department the required 48-hour notice. It is required that the Water Department be on site to operate any City of Chino owned valves or devices.
The Contractor must use the City of Chino Water Main Flushing Form (included in the Appendix).
306-8.9.4.5.2 Flushing Velocity.
Add Subsection:
The flushing velocity to be obtained for pipes twelve inches (12”) and smaller in diameter shall not be less than three feet (3’) per second per AWWA C651- 14. The Contractor shall make necessary arrangements to attain the minimum velocity. The Contractor shall take due precaution in providing for adequate drainage from the site.
The minimum volume of water to be flushed, at required velocity, shall be not less than four (4) times the volume of the pipeline from the point of filling to the point of blow off. The Contractor shall verify that proposed hydrants to be used have adequate pressure to perform the flushing operation. If necessary, the Contractor shall use a pump to acquire adequate pressure for the flushing operation.
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306-8.9.4.5.4 Contractor’s Responsibility
Insert Subsection:
It is the sole responsibility of the Contractor to provide all equipment, materials and labor needed to achieve flushing velocities to clean and scour the pipeline.
306-8.9.4.6 Bacteriological Sampling and Testing.
Delete and Replace the first (1
st) Paragraph with:
No flushing or any movement of water in the new pipe is allowed during this sampling phase.
The Contractor shall have a representative from a State accredited laboratory take water samples for bacteriological tests. All sampling shall be done in the presence of the Inspector.
Samples will be taken in the field by a State certified laboratory technician using a digital colorimeter and transported to the laboratory for testing. Such tests shall meet the State’s Division of Drinking Water (DDW) requirements for drinking water standards.
The number and location of such samples shall be as directed by the Inspector; however a minimum of one bacteriological test sample at the connection points, one on every street and one for every 500 feet of main is required by the City of Chino Water Department. A chlorine residual test must be taken and match or be lower than source water before samples are taken, to ensure all highly chlorinated water has been flushed out of the water main.
Dedicated sample points must be preplanned with the City Inspector and used for both sets of samples. One set of samples are required for two (2) consecutive days, 24 hours apart.
Example: If a sample is taken at 10:00 a.m. on day one (1) then the second sample must be collected at 10:00 a.m. on day two (2). All sample results from each day must indicate absence for total coliform and have a heterotrophic plate count (HPC) at or less than the source water. Failure of any sample will require repeating the complete chlorination process and retesting, under these procedures, for two (2) consecutive days.
Sampling Procedures. Shall be in accordance with AWWA C651-4 5.1.3.
306-8.9.4.7 Laboratory Report.
Delete the second (2
nd) and third (3rd) Paragraphs and Replace with:
. All original test results must be submitted in writing or via email to the Inspector, with the Chain of Custody Records, for City of Chino Water Department’s approval.
The test results must be received by the Inspector within three (3) c alendar days from the sample or risk the possibility of new samples and retesting at all sample locations.
306-8.9.5 Pipeline Commissioning.
Delete the first (1
st) paragraph and Replace with:
It is the responsibility of the Contractor to accomplish the testing phase since the system connections cannot be scheduled until the Water Department has reviewed and approved the test results. Passing sample results will be valid for 14 days, if connection is not made within 14 days the bacteriological testing process will need to be repeated. Upon successful completion of the bacteriological testing, the Inspector may allow the Contractor to continue with the construction process and connect to the City Water Main and System.
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306-12 BACKFILL.
306-12.1 General.
Replace last paragraph with:
The City or Engineer has the option to require concrete backfill during construction when the pipe has less than one foot (1’) of cover and is subjected to heavy equipment traffic, or when sheeting and unstable trench side conditions occur. The concrete backfill shall consist of 1:3:5 mix concrete placed from wall to wall of trench and from bottom of trench to a minimum of four inches (4”) over the top of the pipe.
Add following last paragraph:
No trench backfill shall take place prior to approval from the City Inspector and shall be done in accordance with City of Chino Standard Drawing 109A and B.
306-12.1.2 Pipeline Identification, Warning and Locating Tape, and Trace Wire.
Add subsection:
a) Place 6 inch (6”) Pipe Warning and Locating Tape per Table 209 -7.2 of the Greenbook (2021) and placed 18” above pipe.
b) Place on all water service valves and non-metallic Water Main and service pipe a 14AWG coated/insulated copper tracing wire laid on top of the pipe and wrapped around the pipe at ten foot (10’) intervals with conducting connections to the valves.
Payment will be per 306-15.1 m).
306-12.3 Mechanically Compacted Trench Backfill.
306-12.3.2 Compaction Requirements.
Replace the entire Section with the following:
See City of Chino Public Works Department Standard Drawing 109A and 109B.
All trench backfills and fills shall be compacted to a relative density of 90 percent (90%) unless otherwise specified. Upon completion of the required bedding, the trench backfill shall be placed and mechanically compacted. Only lightweight tamping equipment shall be used within three feet (3’) of pipe and appurtenances. Compaction under paved and concrete surfaces shall be at ninety five percent (95% ) for six inches (6”) bottom of pavement or concrete.
Backfill shall be placed in loose lifts less than eight inches (8”) thick, moisture conditioned to a minimum of two percent (2%) above optimum moisture content, and compacted to at least 90 percent relative compaction except where noted otherwise. Backfill shall be mechanically compacted using vibratory or impact-type equipment.
Pipe bedding layer shall be compacted to ninety percent (90%).
The compaction method for imported backfill material shall be the same as the method described above.
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306-12.4 Jetted Trench Backfill.
306-.12.4.1. General.
Insert as first (1st) sentence of first (1st) paragraph:
Jetting will not be permitted unless specifically approved in advance by the Engineer.
306-13.2 Permanent Resurfacing.
Add with the following after the last paragraph:
All testing of underground installations at any given point shall be completed before the surface course is placed at that point.
306-14 MEASUREMENT.
306-14.6 Valves, Hydrants, Buried Structures, and Pipeline Appurtenances.
Add second (2
nd) Paragraph:
The water service and grade preparation shall be considered as part of this item and shall be measured by “each”.
306-14.8 Permanent Resurfacing.
Replace Paragraph with:
Unless otherwise provided for in the Bid Proposal, payment for repairs and replacement of all improvements damaged, displaced or removed as a result of the Contractor’s operation shall be included in the price per linear foot of pipe and no separate payment will be made.
306-15 PAYMENT.
306-15.1 General.
Add to Item b) after improvements:
shall include removal and disposal or recycling of all interfering existing surface improvements.
Add to Item d):
The Contractor may encounter existing slurry backfill. The Contractor is not entitled to any additional compensation as a result of encountering and removing the slurry backfill.
Add to Item f):
to include providing and installation of stabilization and all pipe bedding materials per City of Chino Standard Drawing 109A and 109B.
Add to Item m):
to include pipeline identification and location tape, and trace wire on non- metallic water service and main lines.
Add as Item p):
Unless otherwise provided for in the Bid Proposal, payment for repairs and replacement of all
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 284
Special Provisions
Project: MS - 181 City of Chino Part 3 - Page 22 of 23 REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Methods
improvements damaged, displaced or removed as a result of the Contractor’s operation shall be included in the price per linear foot of pipe and no separate payment will be made.
306-15.3 Dewatering.
Replace paragraph with:
All costs for dewatering shall be included in the bid for the various items of work which require the dewatering, and no additional compensation will be allowed.
SECTION 307 – JACKING AND TUNNELLING
307.1 JACKING OPERATIONS.
307.1.1 General.
Add to a):
Show placement of security fencing around open pits during periods of no activity. If the receiving pit is not covered with steel plates, K-rail must also be placed around the receiving pit to prevent vehicles from entering the pit.
307.1.2 Jacking Reinforced Concrete Pipe.
Add to last paragraph:
The grout shall be neat cement grout. Grouting pressures shall be determined by the Contractor and reported to the Engineer.
307-1.5 Tolerances.
Replace the paragraph with the following:
Zero settlement or heave is required for this project. The Contractor shall verify elevations of existing improvements at least every 25 feet over the length of the jacking operation before and after jacking. Two reports shall be submitted to the Engineer within one week of documenting the elevations. The first report shall be submitted when jacking begins and the second report shall be submitted when jacking is complete. All costs involved in confirming the elevations of the existing improvements and preparing the report shall be included in the price for jacking pipe and no separate payment will be made therefore. 307-1.7 Payment.
Insert after second (2
nd) paragraph:
The work performed and materials furnished as prescribed by this item will be paid for at the unit bid price per linear foot for "Jacking Pipe" of the type, size and class of encasement pipe indicated on the Drawings. The price shall include full compensation for furnishing, preparing, hauling and installing required materials not limited to the following: encasement pipe, bulkhead, security fencing, steel plates and other safety devices around pits, for grouting and for labor, tools, equipment and incidentals necessary to complete work, including excavation, backfilling and disposal of surplus material.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 285
Special Provisions
Project: MS - 181 City of Chino Part 3 - Page 23 of 23 REV: December 29, 2021 FY 19/20 Local Street Overlay Project Construction Methods
SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS,
AND PAVEMENT MARKERS
314-1 GENERAL.
Insert at end of first (1st) Paragraph:
Storm drain curb markers are to be provided and installed per City of Chino Standard Drawing 341. Additional information for das Manufacturing: Toll Free Telephone: (800) 549- 6024, FAX (813) 681-5807, website: dasmanfacturing.com. Hours of Operation: 9:00 to 5:30 EST.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 286
Special Provisions
Project: MS - 181 City of Chino Part 4 - Page 1 of 7
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Existing Improvements PART 4 – EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-1 GENERAL.
Insert after last paragraph:
When Project construction is in close proximity to improvements such as buildings and other permanent structures on private or public property, including trees or other vegetation, these improvements shall be maintained and protected in place, except for such removal of improvements within the right-of-way as is unavoidable in order to accommodate required project requirements or as shown on the Construction Drawings. Damage to any permanent structure shall be replaced and/or restored by and at the expense of Contractor. In addition to any requirements imposed by law, the Contractor shall shore, brace, underpin and protect as may be necessary, all foundations and other parts of all existing structures and all portions of other existing facilities including waterlines, storm drains and sewer lines, private utility facilities, adjacent to and adjoining the site of the Work, which may be in any affected by the excavations or other operations connected with the performance of the Work.
The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, signage, adjacent property, trees, turf, lawn and shrubbery that are to be relocated or not to be removed. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements when the Contractor entered the work and shall match such improvements in finish and dimensions unless otherwise approved by the Engineer.
The Contractor shall maintain all existing roadside mailboxes and official signs other than those called for removal, including but not limited to directional, warning, advisory, regulatory and street markers. The mailboxes and signs shall be maintained in a erect and functional position and condition at all times during the construction period in either temporary or permanent location as designated by the Engineer. Any of these facilities which are damaged or lost shall be replaced by the Contractor at no additional or separate cost to the City.
The Contractor shall maintain in operation all existing traffic signals and street lighting for the benefit of the public during the progress of the Work. Existing electric service, traffic signal equipment, traffic signs and street lights that are being replaced or relocated shall remain in service until the replacement facilities are installed and operational.
All costs involved in protection and restoration of existing improvements shall be included in related items of work and no additional or separate compensation shall be allowed therefore.
400-1.1 Restoration of Property Requirements When Working with Railroad Easement Agreements.
In the event the Railroad authorizes the Contractor to take down any fenc e owned by the Railroad or in any manner move or disturb any of the other property of the Railroad’s in connection with the work to be performed by the Contractor, then in this event the Contractor shall, as soon as possible and at the Contractor’s sole ex pense, restore such fence and other property to the same condition as before such fence was taken down or other property
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 287
Special Provisions
Project: MS - 181 City of Chino Part 4 - Page 2 of 7
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Existing Improvements was moved or disturbed. The Contractor shall remove all of the Contractor’s tools, equipment, rubbish and other materials from the Rai lroad’s property promptly upon completion of the work, restoring the Railroad’s property to the same state and condition as when the Contractor entered the property.
The Contractor shall be responsible to obtain all permits from the railroad prior to the commencement of any work on railroad property. There will be no additional Contract days granted to the Contractor for delay in obtaining the required railroad permits.
400-2 PERMANENT SURVEY MARKERS.
Insert after first (1
st) paragraph:
The Contractor shall carefully preserve all reference points, benchmarks, and other survey points, and in the case of willful or careless destruction, the Contractor shall be liable for the cost of their replacement and any and all expenses resulting from their unnecessary loss or disturbance. If the damaged reference points are not corrected by the Contractor, the City will charge the Contractor for any expenses related to replacement.
The Contractor shall provide a licensed surveyor who will be responsible for resetting any damaged reference points, benchmarks, and other survey in accordance with the City Standard Drawings Nos. 900, 905 and 910, as directed by the Engineer. 400-3 PAYMENT.
Delete sentence:
“Permanent survey markers will be restored by the Agency at its own expense.” Insert:
The Contractor shall provide all labor, materials, equipment and revised survey maps and county registration for any damaged, removed or displaced survey marker per the General Conditions of the Special Provisions.
SECTION 401- REMOVAL
401-1 GENERAL.
Insert the following Subsection:
401-1.1 Recycling of Materials. The Contractor shall recycle all materials , when possible. The Contractor shall provide the City all documentation as to the weight of the material in accordance with the requirements of AB 939. See Section 300- 2.1 – General and 306-3.2 Removal of Surface Improvements.
SECTION 402 – UTILITIES
Section 402-1.1 General.
Insert before first (1
st) paragraph:
The Contractor is responsible for the determining the locations of all utilities and the service locations by potholing. The Contractor shall protect the existing utilities , in the event of damage, to any utility during the prosecution of the Work , the Contractor is responsible for the repair. Any damage to a utility shall be repaired to the satisfaction of the organization
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 288
Special Provisions
Project: MS - 181 City of Chino Part 4 - Page 3 of 7
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Existing Improvements owning the facility. The City reserves the right, if so requested but the owner of the facility, to permit the owner of the facility to repair such damage, and all expenses of whatever nature arising from such damage shall be borne by the Contractor.
Insert after first (1
st) paragraph:
Existing utilities have been located as accurately as can be determined from utility companies and office records and are shown on the plans , however the accuracy or completeness of the utility’ s information as indicated on the Drawings is not guaranteed .
Service connections to adjacent properties may or may not be shown on the drawings.
Whenever the Project requires the relocation or replacement of an existing utility under the contract, this information shall be shown on the contract drawings. Unless this notification is shown on the contract drawings, the Contractor shall assume that the utility is to r emain in place or be relocated or replaced by others.
Insert after second (2
nd) paragraph:
It shall be the responsibility of the Contractor to determine the locations of all utilities and the service connections, which may interfere with construction. T he Contractor shall notify Underground Service Alert at 811 at least 48 hours in advance of the Contractor’s intention to begin work so that they may notify the affected utility companies and shall coordinate his work with utility owners. State Law SB 3019 requires the contractor to obtain an identification number from Underground Service Alert (USA) prior to the issuance of a City Encroachment Permit. The Contractor shall ascertain the size and true vertical and horizontal locations of all underground utilities and shall be responsible for any repairs to any damaged public and/or private utilities, shown or not shown on the Contract Drawings.
Any differences or conflicts that may arise between the Contractor and utilities (or their contractors) cause delays or hindrance to each other, shall be adjusted and determined by the Engineer. If the Work of the Contractor is delayed because of any acts or omissions of any other contractor or external force, the Contractor shall on that account have no claim for additional compensation or extra cost against the City.
Add after last paragraph:
All existing utility service laterals (on customer’s side) is to be protected in place during construction.
If, during the progression of Construction, the associated utility service disruption is for an unreasonable time temporary service connections may need to be established for customer’s service.
402-1.1.1 Utility Location Verification
Wherever a possible at grade conflict with existing underground utilities appears on the plans, unless prior pothole information is shown, the Contractor shall determine the utility locations by potholing prior to commencement of any construction activities.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 289
Special Provisions
Project: MS - 181 City of Chino Part 4 - Page 4 of 7
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Existing Improvements Within ten (10) calendar days of award of Contract, the Contractor shall submit to the Engineer a plan showing the Contractors proposed method and location of field verification (potholing) of utilities as deemed necessary by the Contractor. Contractor shall perform and complete field verification of utilities within five (5) calendar days of approval, of the Contractors proposed plan, by the Engineer. The Contractor must verify utility locations at least one week prior to commencement of any portion of the Work.
Upon completion of utility verifications, Contractor shall submit all utility verification findings to the Engineer within 24 hours of the excavations. Upon review of findings by the Engineer, revisions to the pipeline alignment may be required as directed by the Engineer. City will have ten (10) working days to revise alignment as may be required. Grade and/or alignment changes shall be made only if approved by the Engineer. Contractor shall allow sufficient time in the Contractor’s schedule for performance of the above work. Contractor shall not be entitled to change in Contract time or amount unless the tie- in points vary substantially from the tie-in points as shown on the drawings.
402-1.2 Payment
Replace paragraph with:
Except for those locations identified to pothole specifically on the plans and listed in the Bid Proposal, the cost shall be included in the unit price bid for the installation of the pipeline or conduit. See Subsection 306-15 of the Greenbook.
Where, in the opinion of the Engineer, the native soil is unsuitable for supporting the undercut utility, suitable backfill material shall be used and payment therefore shall be included in the unit Bid item price.
402-2 PROTECTION.
Insert after paragraph 4:
Where existing under ground utilities are undercut, particular care shall be exercised in selecting, placing, and compacting backfill material under and around such utility to assure firm support. For at least twelve inches (12) all around the undercut utility, the backfill material shall have a sand equivalent of 50 and be compacted to ninety percent (90%) relative density. The Contractor is responsible for ensuring all service connections are properly protected in place and shall immediately repair any service that is damaged.
Insert after paragraph 5c):
d) Where a one- inch (1”) or smaller water service is damaged during trenching operations, a minimum four-foot (4’) section of such service shall be removed and replaced with two (2) forty -five degree (45°) ells and new copper tubing bent to a twelve- inch (12”) minimum radius.
Insert after paragraph 6:
The Contractor is advised to be careful to avoid damage to water services, sewer laterals, water, and sewer mains during excavation operations. The Contractor shall assume that every property parcel will be served by a service connection for each type of utility and be aware that service connections are not necessarily marked from the main line in the field. In
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 290
Special Provisions
Project: MS - 181 City of Chino Part 4 - Page 5 of 7
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Existing Improvements the event damage is done requiring new service connections, water main repairs, etc., the Contractor shall immediately repair these lines or be responsible to pay for work required to be done by City Forces.
The Contractor is responsible for the altering, relocating or reconstruction of portions of existing water and sewer connections which may or may not have been shown on the plans, or not accurately shown on the plans, but which are found to interfere with the Work.
Contractor shall contact and coordinate alteration, relocation, or reconstruction of gas, electrical, cable, or telephone service connections with the owner of such utilities and Engineer or Agency. All costs for such work shall be included in the bid for the item necessitating such work.
Existing water mains, unless specifically identified otherwise, shall remain in service during the entire period of construction. Water mains require vertical and horizontal support at tees, crosses, bends, etc. In the event of water main failure due to Contractor’s failure to provide necessary support (vertical and/or horizontal), the Contractor shall make immediate repairs or City Forces may perform the necessary work and the costs will be back charged to the Contractor and subtracted from the Contractor’s next progress payment.
402-3 REMOVAL.
Replace second (2
nd) sentence:
Before starting removal operations, the Contractor shall ascertain from the Agency, Owner of Utility and field verification that the abandonment is complete. Following verification of abandonment the interfering portion is to be removed and the open ends of the pipe sealed with a suitable plug or cap.
The costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals.
402-5 DELAYS DUE TO UTILITY CONFLICTS.
The Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay is caused by failure of the City or owner of a public utility to provide for removal or relocation of existing utility facilities. This Agreement is subject to Government Code Sections 4215 and 4126 – 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.
Any difference or conflicts that may arise between the Contractor and subcontractors or other contractors because of delays or hindrance to each other, shall be adjusted and determined by the Engineer. If the Work of the Contractor is delayed because of any acts or omissions of any other contractor or external force, the Contractor shall on that account have no claim for additional compensation or extra cost against the City.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 291
Special Provisions
Project: MS - 181 City of Chino Part 4 - Page 6 of 7
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Existing Improvements 402-6 COOPERATION.
Add the following to the first paragraph:
When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. At the request of the Contractor, the City may initiate ac tion required to draft the appropriate utility company work order that shall provide for the various electrical service connections or utility relocations and adjustments as noted on the plans. Subsequent to issuance of a work order number for a utility i nvolved task, the matter will be transferred to the Contractor and he shall assume the responsibility for all further coordination with the utility company. The Contractor shall be responsible for maintaining contact with the utility company representatives and providing necessary effort in scheduling utility work so that delays in overall construction schedule are avoided and utility services are in place for connection upon completion of contract construction.
402-7 PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
402-7.1 Requirements When Working with Railroad Easement Agreements.
Insert new Subsection:
a) The fiber optic cable systems may be buried on the Railroad’s property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. The Contractor shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1- 800-336-9193 (also a 24- hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad’s property to be used by the Contractor. It it is, the Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. The Contractor shall not commence with any work until all such protection or relocation (if applicable has been accomplished.
b) In addition to other indemnity provisions in the Railroad Easement Agreement, the Contractor shall indemnify, defend and hold the Railroad harmless from and against all costs, liability and expense whatsoever ( including, without limitation, attorney’s fees, court costs and expenses) arising out of any act or omission of the Contractor, its agents and/or employees, that causes or contributes to:
1) Any damage to or destruction of any telecommunications system on the Railroad’s property.
2) Any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on the Railroad’s property.
The Contractor shall not have or seek recourse against the Railroad for any claim or cause of action for alleged loss of profits or revenue or los of service or other consequential damage(s) to a telecommuni cation company using the Railroad’s property or a customer or user of services of the fiber optic cable on the Railroad’s property.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 292
Special Provisions
Project: MS - 181 City of Chino Part 4 - Page 7 of 7
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Existing Improvements SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION
403-1 GENERAL.
Insert as last paragraph:
New and existing manhole and vault frames and covers, and valve cans shall be double adjusted to grade and temporarily set four inches (4”) to six inches (6”) below the finish grade unless noted otherwise when in asphalt concrete pavement.
All sanitary sewer, storm drain and water manholes, frames and covers shall be double adjusted. Water valve cans and vaults shall also be double adjusted. Adjustments and all appurtenant work shall be as included in the unit or lump sum prices for other work, as consider appropriate, and no additional compensation will be allowed . Also see Special Provisions Part 4, Section 403 for further information.
In concrete sidewalks, driveways, alley crossings, etc. pull box frames and covers shall be adjusted to the finish grade and meet the current ADA standards by the Contractor as required by the plans and specifications. New pull boxes and covers shall be provided by the Contractor if damaged during construction activities. See Subsection 701-11 Pull Boxes.
Adjustment of Pull Box and c over including irrigation, miscellaneous utilities, conduits and traffic signal wiring and fiber optic cable wiring to grade and all appurtenant work shall be as included in the unit or lump sum prices for other work and no additional compensation will be allowed.
403-3 MANHOLES IN ASPHALT CONCRETE PAVEMENT.
Insert after first (1
st) paragraph:
Asphalt concrete manhole cover and frame adjustment shall be per City of Chino Standard Drawing 535 and double adjusted. Manhole frame and covers, if replacement is required, shall be per City of Chino Standard Drawings 385, 540.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 293
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 1 of 15
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control PART 6 – TEMPORARY TRAFFIC CONTROL
SECTION 600 – ACCESS
Add to Subsection 600-1, “Access”, the following:
It is the policy of the City that full street closures shall not be allowed unless necessary for public health and safety. In the event the Public Works Director determines a full street closure is necessary, the Contractor shall be responsible for the following items:
1. A request, by application, for full street closure.
2. A detour plan prepared by a Traffic Engineer or qualified Civil Engineer licensed in the State of California, showing alternate traffic routing, all traffic control signs, barricades and required all-weather surfacing.
3. A construction schedule including a specific date for re- opening the closed street.
4. A minimum of 10 working days advance notice to allow the publication of the closure schedule in the local newspaper and proper notification to police, fire and ambulance services as well as other agencies affected by the street closure.
5. The Contractor shall maintain accessibility facilities on one side of the street at all times.
6. The Contractor shall provide vigilant control at pedestrian crossings where schools are within close proximity to project limits during times when children are present.
7. The Contractor shall provide at least one access and exit to and from school property during school hours when performing work.
8. If the permanent surfacing of an access is not completed withing 72 hours, the Contractor shall provide temporary asphalt concrete surfacing to such access at the Contractor’s own expense.
The Contractor shall perform all work necessary to re-open any partial or full street closure in a satisfactory manner, providing sufficient labor, equipment and material to meet the construction schedule as approved by the Public Works Director.
600-1 GENERAL.
Replace the second paragraph on the Section with the following:
Traffic Control activities shall be to the approved Traffic Control Plan (TCP) or WATCH, MUTCD and the City’s Special Provisions, Standards and Specifications.
Contractor shall install and maintain all required traffic control devices, provide flaggers throughout the Work area as shown in the approved TCP, or Part 6 of the California MUTCD as specified in the plans or these Special Provisions. C ontractor shall promptly remove the traffic control devices when they are no longer required. The Work area shall include the Work site and the areas required for advance signing and transitions to and from the traffic control zone. Unless otherwise provided in these Special Provisions, traffic shall be permitted to pass through the Work area in conformance with the TCP, Part 6 of the California MUTCD or WATCH. One half (½) of the street shall be kept open and unobstructed until the opposite side is available for use. If one half (½) of a street is being improved, the other one half (½)
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 294
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 2 of 15
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control shall be conditioned and maintained as a detour. Complete closure of any roadway shall be approved in writing by the City Engineer . The Contractor shall provide continuous, unobstructed access for all existing access roads, paved or unpaved, within and through the Work site unless otherwise specified by the Engineer, or by the approved Traffic Control Plan.
A phased traffic control plan shall be submitted, identifying how the work will be performed, if a TCP is required.
Contractor engaged in setting up or removal of traffic control zones shall be properly licensed.
All personnel engaged in setting up or removal of traffic control zones, including flaggers shall be properly trained.
Traffic control activities and milestones shall be shown as activities on the Contractor’s construction schedule in conformance with 6-1.
Whenever the term “hours of darkness” is used in the Specifications, it shall be deemed to mean the hours of darkness as defined in Division 1, Section 280, of the California Vehicle Code.
Contractor shall patrol and monitor the Work site to ensure that all traffic control devices are in place and operating at all times. Any traffic control devices that are displaced or not in an upright position shall be replaced or restored to their original location in an upright position by the Contractor. The Contractor shall ensure that all traffic control devices are repaired, replaced, and cleaned as necessary to preserve their appearance and visibility. Traffic control devices that are damaged from any cause during the progress of the Work shall be repaired, including painting if necessary, or replaced by the Contractor at the Contractor’s expense.
Any action on the part of the Engineer in directing the Contractor’s attention to any inadequacy of the required devices and services or any action of the Agency to alleviate the Contractor’s inadequacies shall not relieve the Contractor from its responsibility for public safety or abrogate its obligation to provide and maintain the traffic control devices and services. If the Contractor fails to provide and maintain these devices and services and the Agency is required to alleviate said condition, the total charges of labor, equipment and materials including overhead and transportation, accrued by the Agency for such work will be deducted from any monies due or that may become due to the Contractor.
At schools in close proximity to the project limits the Contractor shall:
1. Provide vigilant control at pedestrian crossings during the times when children are present.
2. Maintain and provide at least one access and exit to and from school property during school hours when performing work.
No reduction of the traveled way width or lane closure shall be permitted on any City street before 8:30 AM or after 3:30 PM during weekdays, or anytime on weekends or holidays, or when active work is not being done, unless prior authorization to do so is granted by the Engineer and defined in the approved Encroachment Permit.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 295
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 3 of 15
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control 600-2 VEHICULAR ACCESS
Add the following after the first paragraph:
Adequate traffic control devices shall be placed to direct traffic entering or exiting driveways to the correct travel lanes.
The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. If necessary, the Contractor may move residential trash cans to locations accessible for collection and then return the trash cans to the original place of residence to be picked by the resident. Residents shall be responsible for marking trash cans with their home address.
Grading operations, pavement milling, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonable satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic.
Pavement disruptions 1½ inch or greater shall have a beveled edge of 4 horizontal to 1 vertical.
Whenever the Contractor's operations temporarily require one-way traffic or create a condition not accepted by the Engineer, the Contractor shall provide and station competent flaggers whose sole duties shall consist of directing the movement of traffic through or around the Work.
600-2.1 Informational Project Sign.
Insert the following subsection:
The Contractor shall furnish and install Informational Project Signs constructed on 4- foot by 8-foot plywood or metal and posted within the parkway adjacent to the street. Signs shall be mounted on two posts at least 7 feet above the pedestrian travel way . Signs and sign posts shall be located within the public right -of-way and may not hinder or obstruct driver’s line of sight. Placement shall not violate or compromise current ADA access requirements. The wording and size of the letters shall be approved by the Engineer prior to fabrication.
Placement shall be approved by the Engineer prior to installation.
Informational Project Signs shall be posted at least 3 Days prior to start of construction and remain posted until the final job walk is complete d. The signs shall then be removed and properly disposed. Contractor shall be responsible for the maintenance of these signs until removed. Full compensation for the informational project signs, including construction, deployment, maintenance, removal, and furnishing of all necessary labor, equipment, materials, and all other related costs shall be considered as included in the Lump Sum Bid Price for Traffic Control Implementation. Payment for the Informational Project Signs shall be paid under the Cont ract Lump Sum Price at 90% for the completed installation of the signs and 10% for the removal and disposal of the signs upon completion of the Work.
600-2.2 Public Notification.
Insert the following subsection:
The Contractor shall notify the Police, F ire, Traffic, Omnitrans, businesses and residences, schools and railroads affected at 5 days in advance of closing, or partially closing, or of
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 296
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 4 of 15
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control reopening, any street, alley or other public thoroughfare, and shall comply with their requirements. If the tel ephone numbers herein below are changed, the Contractor is not relieved of the responsibility of notifying said departments.
The following telephone numbers are listed to assist the Contractors in compliance with these requirements:
Fire Department ................................................................... (909) 736-2220 Police Department ............................................................... (909) 736-2333 Public Works Department (Traffic & Engineering) ............... (909) 736-2266 The Contractor shall contact and notify, with printed public notices in English (sample include in the Appendix) , all residents, busin esses and public agencies fronting on, or along, or affected by the proposed work, a minimum of 2 full Days prior to performing any work which will close or partially close the street or which will disallow street parking. The notice shall include information about the project describing the work, how if may affect them, contact information for the Contractor and the City. The Contractor shall submit a draft of the public notice to the Engineer for review and approval prior to the start of Work.
The printed notices shall contain a general description of the work to be done, the location and limits of the work, the day(s) and date(s) that the work is to be done, a statement that the street is to be closed or partially closed to vehicular traffic during construction, and a statement that on-street parking will be prohibited between the hours of 6:00 AM and 5:00 PM on the day(s) of the work as called for on the 'NO PARKING' signs.
The Contractor shall provide stationary advanced warning signs notifying t he public of the future approved lane/road closure at least 5 days prior to the closure and coordinate access to all businesses and residents during construction. In addition to the stationary signs, Changeable Message Signs shall be required, a minimum of one in each direction, throughout the duration of the project. Additional Changeable Message Signs may be required at the sole direction /discretion of the Engineer. Full Compensation for providing Changeable Message Signs shall be considered as included in the various bid items of work for Traffic Control Implementation, and no additional compensation shall be allowed.
The Contractor shall prepare public notification fliers in English. Fliers shall notify residents and businesses of the Work and include information describing the Work, how it may affect them and contact information of City and Contractor personnel responsible for the Work.
The Engineer will provide the contact information for the City to be included on the flier at the pre-construction meeting. Contractor shall submit draft versions of the flier in English and Spanish to the Engineer for review and approval prior to starting the Work. Contractor shall distribute fliers as appropriate to provide advance notification of the Work to residents and businesses adjacent to or affected by the Work.
Full compensation for the public notification shall include all necessary labor, equipment, materials, and all other related costs for preparation, copying, and distribution shall be considered as included in the Lump Sum Price Bid for Traffic Control Implementation.
600-3 Pedestrian Traffic.
Add the following before the first paragraph:
Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 297
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 5 of 15
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control crossings of the Project limits shall be at intervals not exceeding 300 feet and maintained unless otherwise approved by the Engineer. This includes the use of proper lighting (where appropriate), fencing/shielding, proper storage of equipment and construction supplies, covering loose piles of soil, silt, clay, sand debris, or other earthen material so as to eliminate any discharge onto the existing pathway or temporary pathway, and immediately hosing down/cleaning such areas of the existing pathway or temporary pathway that have been affected by construction debris or sedimentation from the Project.
When sidewalks are closed an alternate walkway/detour shall be provided. Pedestrians shall not be directed into direct conflict with vehicles operating within the Work site or other traffic.
Sidewalk closure and pedestrian detour signage will be required of any traffic control that affects pedestrian path of travel.
If required by the Work, the Contractor shall phase their work to only allow the closure of one crosswalk at a time at intersections. If the Work requires closure of 2 or more crosswalks at an intersection, the Contractor shall submit a pedestrian detour plan and obtain approval from the Engineer before implementation of the closure. Agency approval shall be obtained before closing any crosswalks at intersections having fewer than four crosswalks. Pavement surface disruptions in areas subject to pedestrian traffic of ½ -inch or greater shall have a beveled edge of 12 horizontal to 1 vertical in conformance with ADA.
All traffic control devices and zones shall conform to ADA requirements. Walkways in Work sites shall be maintained at least 4 feet in width. Obstructions within walkways shall be illuminated during hours of darkness. Minimum vertical clearance to any obstruction within the walkway shall be 7 feet.
600-4 Bicycle Traffic.
Add the following Section:
When performing Work in any street or sidewalk attention shall be directed to the probability of encountering bicycle traffic. Roadways adjacent to Work sites particularly shoulders, parking or bike lanes, or routes shall be kept free of obstructions or other hazards to bicyclists.
When performing Work on a street with a designated bike lane or route special attention needs to be given to bicyclists. Pavement surface disruptions in marked bike lanes or routes of 1/2 inch or more shall have a beveled edge of 8 horizontal to 1 vertical. In addition, signs indicating the condition of the surface of the pavement shall be posted in accordance with the TCP or Part 6 of the California MUTCD. If the pavement surface disruptions are not beveled and signs posted, the bicycle lane or route shall be closed.
When a bicycle lane or route is closed, signing shall be installed to terminate the bike lane or route and advise motorist and bicyclists that the previously separated bicycle traffic will be in the vehicular traveled way. Barricades used at the terminus or the closure shall be closely spaced to prevent physical passage by bicyclists into the closed bicycle lane or route.
600-5 Work in the Vicinity of Railroads.
Add the following Section:
When a street -rail grade crossing exists within or in the vicinity of the Work site, work area
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 298
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 6 of 15
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control traffic control shall be as shown on the TCP or Part 6 of the California MUTCD and as specified in these Special Provisions. In no case shall lane restrictions, flagging or other operations be performed in a manner that would cause traffic to stop on the railroad tracks.
Whenever the Work causes traffic to backup/queuing across an active railroad track, a flagger shall be provided, and proper permits obtained from the Railroad.
600-6 Safety in Traffic.
Add the following Section:
Contractor’s attention is directed to the importance of safety when working in proximity to traffic. The Contractor shall take all precautions and establish such traffic control as is necessary to properly provide for the safety of all personnel and equipment on the Work site.
Contractor shall comply with all the requirements of OSHA and CAL/OSHA.
Unusual conditions may arise on the Work which will require that immediate and unusual provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the Work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection.
Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation, or other public service or from the failure of partly completed work.
Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by process of construction on account of such neglect; and whenever, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under the Contract, then and in that event the City may provide suitable protection to said interest by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary.
The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor, and if the Contractor does not pay said cost and expense upon presentation of bills therefor, duly certified by the Engineer, then said cost and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due to said Contractor. Failure of the City, however, to take such precautionary measure shall not relieve the Contractor of full responsibility for public safety.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 299
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 7 of 15
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control 600-7 FLAGGERS.
Add the following Sections:
600-7.1 General.
The flagger’s sole duties shall consist of directing the movement of public traffic through or around the Work site. Personnel selected to be flaggers shall be trained in the fundamental of flagging traffic before they are assigned to that responsibility, and shall meet the requirements in Section 6E.01, 6E.02, 6.03, et. al of the CAMUTCD and be certified by the International Municipal Signal Association (or approved equal).
600-7.1.2 Payment.
The cost of furnishing flaggers, including transporting flaggers to provide for passage of traffic through the Work site shall be considered as included in the lump sum Bid for Traffic Control Implementation, and no additional compensation shall be allowed therefor. Payment will be prorated on a monthly basis over the duration of the Contract or until all flagging operations are complete.
SECTION 601- WORK AREA TRAFFIC CONTROL
All traffic control and safety devices, equipment and materials, including but not limited to cones, delineators, flashing warning lights, barricades, high level warning devices (flag trees), flags, signs, markers, portable barriers, flashing arrow signs, markings and flagging equipment, shall be provided and maintained in "like new" condition.
When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by Police officers, Fire officers, or at traffic signalized intersections.
Should the Contractor be neglectful, negligent or refuse, fail or otherwise be unavailable to promptly, satisfactorily and fully comply with the provisions specified and referred to hereinabove, the City reserves the right to correct and/or mitigate any situation, which in the sole opinion of the Engineer constitutes a serious deficiency and/or serious case or non- compliance, by any means at its disposal at the Contractor expense, and in the case of a contract City p roject, to deduct the cost therefor from the Contractor's progress and/or final payments. Such corrective actions taken by the City shall not reduce or abrogate the Contractor's legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liability from the Contractor to the City or the City’s agent.
Violations of any of the above provisions and/or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the Engineer, shall, at the sole discretion of the City, be grounds for termination of the Contract or shut down or partial shut- down of the Work without compensation to the Contractor, or liability to the City, all as prescribed by contractual obligations or State law, whichever is applicable.
Should the Engineer point out the inadequacy of warning devices or should the Engineer approve the location of warning devices, such action shall not relieve the Contractor of
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 300
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 8 of 15
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control responsibility for public safety, nor abrogate the Contractor’s obligation to furnish and pay for these devices. Should it be determined, during hours other than work hours and the Contractor is unavailable, that the warning devices are inadequate; the City may furnish and erect such additional devices as may be necessary.
601-3 PAYMENT
Replace the first sentence with the following:
All costs incurred for, furnishing labor, materials, tools, equipment and incidentals ; maintaining, servicing, and removing work area control required for the Work shall be included in the Lump Sum Bid item for “Traffic Control Implementation” and no additional compensation shall be allowed.
601-3.5.4 Remove Roadside Signs.
Existing roadside signs and posts, at locations shown on the Plans, shall be removed, relocated, disposed of, or salvaged as shown on the Plans or as directed by the Engineer.
Existing roadside or mastarm signs shall not be removed until replacement signs have been installed or until the existing signs are no longer required for the direction of public traffic, unless otherwise authorized by the Engineer.
Selected sign panels and/or posts as determined by the Engineer shall be salvaged and delivered to the City of Chino Service Yard during regular working hours. The Contractor shall notify the Engineer at least 24 hours prior to delivery. Signs, panels and or posts that are not salvaged by the City shall become the property of the Contractor and be disposed of outside the public right-of-way.
601-3.7 TRAFFIC SIGN ENHANCEMENT DEVICES.
Replace the Section with the Following:
601-3.7.1 General.
Traffic sign enhancement devices consist of flags and “High Level Warning Devices”, warning lights, portable changeable message signs, flashing arrow boards and flashing arrow bars.
High level warning devices or arrow boards shall be used at approaches to locations where work is being performed within or immediately adjacent to a traffic lane.
High level warning devices or flashing arrow panels shall be used at approached to locations where the work being performed is within or immediately adjacent to a travel lane.
Warning lights shall only be used outside of the Work area to provide advance warning as specified in these Special Provisions. Warning lights used for advance warning must be clearly distinguishable from the primary delineation and shall be positioned above the normal reflectorized barricades. Warning lights shall be mounted at a minimum height of 3 feet measured from the bottom of the lens to the underlying surface.
The warning lights may be used in either a steady burn or flashing mode at the Contract or’s option. Visors shall not be required during the hours of darkness. Torches and flares shall be used only in patrolled emergency situations.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 301
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 9 of 15
REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control 601-3.7.5 Portable Changeable Message Signs.
Portable changeable message signs shall be furnished, placed, operated, and maintained at locations shown of the TCP and as specified in these Special Provisions. Portable changeable message signs may be placed in advance of or within the Work area. After initial placement portable changeable message signs shall be moved from location to location as directed by the Engineer.
601-3.7.5.1 Payment.
Add the following section:
The cost of furnishing, installing and maintaining traffic sign enhancement devices specified in this subsection, complete and in place, shall be the price Bid for the Contract Unit Price or lump sum bid. If no Bid item is provided, the cost shall be considered as included in the prices Bid for the various items of Work.
601-3.8 FLOOD LIGHTING.
Add the following Subsections:
601-3.8.1 General.
When nighttime Work is being performed flood lights shall be used to illuminate the work site, flagger stations, equipment crossings and other hazardous areas. The flood lighting shall provide enough light to illuminate flagger stations, equipment crossings and other hazardous areas so they are visible for a distance of ½ mile. Care shall be exercised to ensure that the flood lights do not shine into the eyes of oncoming traffic.
601-3.8.2 Payment.
The cost of furnishing, installing and maintaining flood lighting shall be considered as included in the prices Bid for the various items of Work.
601-4 TEMPORARY STRIPING AND PAVEMENT MARKINGS.
Temporary striping/markings shall be as shown on the TCP, Part 6 of the California MUTCD and as specified in these Special Provisions. Removal shall conform to 601- 4 and these Special Provisions. Immediately following the removal of temporary striping and pavement markings, the Contractor shall remove all residue from the pavement surface by power sweeping and thoroughly cleaning the area. Removal and cleaning shall be completed before relocation of new striping is started.
601-4.6 No Parking Signs.
Add the following Subsections:
Temporary “No Parking” and “No Stopping” signs shall be installed and removed as specified on the TCP or per CA MUTCD.
The Contractor shall post 'NO PARKING' signs at 50-foot maximum spacing on 1-inch x 2-inch wood stakes along sides of the street, 2 Days in advance of the Work and shall maintain said
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 302
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 10 of 15 REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control signs throughout the period of time that will disallow parking.
The 'NO PARKING' sign shall be approximately 14 inches x 22 inches, printed in red letters on a white background, and shall contain information and be laid out as follows:
NO PARKING
TOW-AWAY ZONE
6:00 AM - 5:00 PM
FROM
DAY DATE
TO
DAY DATE
FOR
CONSTRUCTION OF SIDEWALKS
OR CURB OR BOTH
Violators will be Cited and Vehicles
Towed Away at Owners Expense
per
CVC22651L & CVC22654D
Posting of 'NO PARKING' signs on trees, utility poles, fire hydrants or other streetscape features will not be permitt ed. The signs shall be immediately removed upon completion of the work that disallows parking.
The Contractor shall document the day, date and time that the signs are installed because the No Parking restriction will not be enforced until the signs have been in place 48 hours.
The above described printed notices and signs shall be submitted to the Engineer for review and approval prior to the pre- construction meeting and at least seven (7) C alendar Days before the start of any work.
The Contractor shall make every reasonable effort to arrange with the owners of illegally parking vehicles to remove their vehicles from the street before summoning the police to tow away vehicles.
In addition to the above requirements, the Contractor shall notify the Post Office, Police Department, Fire Department, Water Utility, ambulance service, Dial -a-Ride, school district, street sweeping service, trash collection service, and affected utilities, hospitals, schools and governmental agencies a minimum of five full calendar days prior to the start of work.
Full compensation for conforming to 601 -4 shall be considered as included in the various items of work involved and no additional compensation shall be allowed therefor.
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 303
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 11 of 15 REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control 601-5 TRAFFIC LANES AND CLEARANCES.
601-5.1 General.
Traffic lanes and clearances shall be as shown on the TCP, Part 6 of the California MUTCD, or as specified in these Special Provisions. However, the Contractor shall provide and maintain minimum traffic lanes as specified in 601- 5. Unless otherwise approved by the Engineer, when only one lane is provided in each direction, wider lanes shall be provided to separate opposing traffic and to accommodate turning movements. A minimum 18-foot lane shall be provided if parking is allowed.
Clearances to obstructions shall be as follows:
2 feet (2’) from vertical obstructions such as curbs, guardrails or temporary barriers. b) 10 feet (10’) from the edge of the traveled way to fixed objects, (utility poles, street lights, traffic signals poles, trees, large sign supports, etc.) unprotected by barriers.
When the minimum clearance to fixed objects cannot be provided, temporary barriers shall be placed to protect the fixed object. On low speed local streets, and at the Contractor’s option, temporary AC curb may be used in lieu of temporary barriers.
c) 5 feet (5’) from any excavation or drop off of two inches (2”) or greater to allow placement of temporary barriers to keep traffic out of the Work site and minimize traffic surcharge on the excavation. When the five feet (5’) clearance to an excavation or drop off cannot be maintained, temporary barriers shall be placed to separate vehicles and bicycles from the excavation or drop off. When the five feet (5’) clearance to an excavation cannot be provided, temporary k-rail barriers or other traffic control devices shall be placed to separate vehicles and bicycles from the excavation or drop-off, with crash cushions as required.
Bicycle Lanes shall have a clear width of not less than 5 feet (5’). Any Bicycle Lane less than 5 feet (5’) wide shall be closed. If the Work site is in a Bike Path and requires the Bike Path be closed, a detour Bike Path, Lane or Route, with appropriate signage, shall be provided.
If the Engineer determines that it is necessary to decrease the minimum distances specified herein to allow for the prosecution of the Work, the Contractor shall provide all protective devices required by the Engineer to adequately protect the public and/or its workers.
601-5.4 Payment.
Add the following Section:
Full compensation for the installation and removal of temporary traffic striping and pavement markings, shall be considered as included in the Contract Unit price Bid for the appropriate item(s) bid for “Traffic Control”.
601-6 COVERING OR REMOVAL OF EXISTING TRAFFIC SIGNS AND SIGNAL FACES.
601-6.1 General.
When the traffic control or temporary traffic signal modification plans show, or the Special Provision specify the temporary covering of traffic signs or signal indications they shall be per
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Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 304
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 12 of 15 REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control Materials in Section 601-6.2. The covers shall be secured in place with bolt snaps attached to elastic straps. The straps shall be permanently attached to the cover.
601-6.3.2 Vehicle Heads
Contractor shall cover all the non- functioning vehicle heads utilizing signal head covers that are specially fabricated for this purpose. Signal head covers shall be a matte tan color or a contrasting color to the signal head. The size of the cover shall closely fit and encapsulate the signal head. A minimum of tw o vehicle heads for each phase shall be in operation while Work is being performed at an intersection except for approved shut downs.
601-6.6.3 Pedestrian Indications.
The entire pedestrian indication shall be covered with a cover manufactured for that purpose. The covers shall be a matte black color. The size of the cover shall closely fit and encapsulate the pedestrian indication. If audible pedestrian signals are i n place, the audible warning device shall be temporarily disabled for the crossing taken out of service.
601-6.3.3 Pedestrian Push Buttons.
Pedestrian push buttons message signs shall be removed, reversed and remounted on the pedestrian push button assem bly. Pedestrian push button assembly covers may be used instead of reversing and remounting pedestrian push button message signs.
601-6.3.5 Audible Pedestrian Signals.
Audible pedestrian signals shall be disabled by temporarily removing the load switches for the pedestrian indications within the traffic signal controller cabinet. The pedestrian indications shall be covered as specified herein. Audible pedestrian signals shall be disabled by temporarily removing the load switches for the pedestrian indi cations within the traffic signal controller cabinet. The pedestrian indications shall be covered as specified herein.
601-6.4 Signs.
When the TCP or temporary traffic signal modification Plans or the Special Provisions specify that signs in temporary t raffic control zones are covered, they shall be covered with a cover manufactured for that purpose. The cover material shall be outdoor-grade weather resistant cloth, plastic or metallic material, specially fabricated for the intended purpose, and shall be of sufficient density to block out the sign face or message so that they are not visible to the driver. Sign covers shall be securely fastened to the sign to prevent movement or removal by the wind in conformance with the Engineer’s requirements.
No holes shall be drilled in any indications to attach the covers. Adhesive tape shall not be used to attach covers. Cardboard, wood, plastic sheets, bags or other field fabricated temporary covers shall not be used.
7.13.e
Plans and Specifications/Notice to Bid: MS181 - Overlay Packet Pg. 305
Special Provisions
Project: MS - 181 City of Chino Part 6 - Page 13 of 15 REV: December 29, 2021 FY 19/20 Local Street Overlay Project Temporary Traffic Control 601-6.5 Payment.
Replace the Section with the following:
No separate or additional payment will be made for covering of existing traffic signs and signal heads. The cost of furnishing, installing and maintaining signs specified in this subsection, complete and in place, shall be considered as included in the prices Bid for the various items of Work.
601-6.6 Signal Maintenance Contractor.
Add the following Section:
Contractor shall contract with the City’s Signal Maintenance contractor to make changes to signal phasing, signal timing, covering of traffic signal indications, pedestrian indications or signs, and only per approved TCP or as approved by the Engineer.
SECTION 602 – TRAFFIC CONTROL DEVICES
602-1 GENERAL.
The following sets forth the specifications for traffic control devices used in temporary traffic control zones. Retroreflective sheeting shall conform to ASTM D 4956.
602-3 SIGNS.
602-3.1 General.
The signs shall be as shown in the California MUTCD. Each sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the Work site and placed in immediate operation. The Contractor shall provide and maintain graffiti-free construction signs during the entire period of construction.
New signposts shall be installed on 2 inch (2”) square galvanized (break -away base) “Quick Punch” post with 30-inch anchor sleeves, length as noted. New signs shall be of reflectorized Diamond Grade Material (3M) with anti -graffiti coating or equal and shall be certi fied as meeting all applicable requirements.
602-4 SIGN ENHANCEMENT DEVICES.
602-4.1 General.
Sign enhancement devices consist of Flags, High Level Warning Devices, Warning Lights, Portable Changeable Message Signs, Flashing Arrow Signs, and Flashing Arrow Bars.
602-4.2 Warning Lights.
602-4.2.1 General.
Warning lights shall be portable, lens directed, enclosed lights with a yellow lens. They shall consist of a lighting unit, a flasher unit, a visor, a backplate, a standard, a battery power source and a base. The units shall be assembled to form a complete self-contained flashing warning light that can be delivered to the Work site and placed in immediate operation.