Glendora City Council
March 14, 2023

Bid Schedule A Total In Words
Bid Schedule B – Additive Alternate 1
Item Description Quantity Unit Unit Price Total Price
42 Install 18-Inch Steel Pipe (10 Gauge Minimum)
Encasement 160 LF $ $

Bid Schedule B Total In Words
Bid Schedule C – Additive Alternate 2
Item Description Quantity Unit Unit Price Total Price
21b
Install 12-Inch Steel Pipe (10 Gauge Minimum)
with Welded Joints [Including Cement-Mortar
Lining and Cement-Mortar Coating]
160 LF $ $

Bid Schedule C Total In Words
GRAND TOTAL PROJECT BID COST (SCHEDULE A + B + C): $ ______________________

In Words
The City has the option to reject all bids with or without cause. The City also has the option to remove bid items at its discretion. If the City chooses to remove bid items, no bid price adjustment will be allowed.
(Bidder)
By:
(Signature) (Date)
(Title)
NOTE:

In case of error in extension of price into
Total Price Column, the Unit Price will
govern.

Item #10. Page 45
Meeting Date: 3/14/2023 / Packet Page #: 194
Revised 08/2012

BID BOND

SECTION IV

BID BOND
The following City of Glendora form for the
Bid Bond MUST be used in accordance with
the instructions on the following pages.

Item #10. Page 46
Meeting Date: 3/14/2023 / Packet Page #: 195
Revised 08/2012

BID BOND

SECTION IV

BID BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, (hereinafter
"Contractor") intends to submit a bid to the City of Glendora, California, a municipal corporation, (hereinafter "City") for the work identified as follows:

Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista, Plan Nos. 1341-1346.

NOW, THEREFORE, we, the Contractor, as Principal, and a corporation organized and existing under the laws of the State of California and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bond unto the City, as Obligee, in the sum of dollars
($ ) lawful money of the United States of America, said sum being not less than ten (10) percent of the bid amount for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the said Obligee shall accept the bid of the said Principal and said Principal shall enter into an Agreement with said Obligee in accordance with the terms of the bid and shall give therewith such bonds, certificates and other documents as may be required in the Notice Inviting Bids or the other Contract Documents or in the event of the failure of said Principal to enter such Agreement and give any such bond, certificate or other document, if said Principal shall pay to said Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which said Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. In case suit is brought upon this bond, the court shall fix and award and the surety shall pay, in addition to the face amount hereof, costs and reasonable attorney's fees incurred by the City in successfully enforcing said obligation.

IN WITNESS THEREOF, we have hereunto set our hands and seal this day of
, 2022.
(Corporate Seal)
(Principal)
By
Title
(Corporate Seal)
(Surety)
By
Title
[P.C.C. Sections 20170, 20171]
End Section IV - Bid Bond
Item #10. Page 47
Meeting Date: 3/14/2023 / Packet Page #: 196
Revised 01/2021

AGREEMENT

SECTION V
CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346

PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
_____________________________________
Item #10. Page 48
Meeting Date: 3/14/2023 / Packet Page #: 197

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2022 by and between the City of Glendora, a California municipal corporation (“City”) and ________________, _________________ (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “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. Contractor, following submission of a proposal 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 Glendora Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance 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 promises 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. WORK OF CONTRACTOR

1.1 Scope of Work.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor 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 phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

Item #10. Page 49
Meeting Date: 3/14/2023 / Packet Page #: 198

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista, Plan Nos. 1341-1346, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public 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 and 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 prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent 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 Agreement, 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 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 the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: 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.

Item #10. Page 50
Meeting Date: 3/14/2023 / Packet Page #: 199

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
(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 Title 8, Section 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 applicable 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 Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 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 of 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 _______________
(Name)
(Title)
(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 (commencing 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 Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, Item #10. Page 51
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AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers 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.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless 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.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work 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, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

Item #10. Page 52
Meeting Date: 3/14/2023 / Packet Page #: 201

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, 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 acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

Item #10. Page 53
Meeting Date: 3/14/2023 / Packet Page #: 202

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable 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 Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such Item #10. Page 54
Meeting Date: 3/14/2023 / Packet Page #: 203

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall 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 are 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.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $______ (________________ Dollars) (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 lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’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 Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Item #10. Page 55
Meeting Date: 3/14/2023 / Packet Page #: 204

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor 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 Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.

Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor 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 that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Contractor 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 Contractor, extensions to the time period(s) specified in the Item #10. Page 56
Meeting Date: 3/14/2023 / Packet Page #: 205

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
Schedule of Performance may be approved in writing by the Contract Officer 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 Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

3.5 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 but not exceeding ( ) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Agreement for ( ) additional one-year terms.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name), (Title)
Item #10. Page 57
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AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
(Name), (Title)
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 Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor 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. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Alison Sweet, Public Works Director, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, 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 Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required Item #10. Page 58
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
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 role. Contractor 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 Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any 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 shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, 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 Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor 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 $2,000,000 per occurrence, $4,000,000 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. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
(c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection 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 Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors 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. Contractor shall 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 file 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 any time.
(b) Duration of coverage. Contractor 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 Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor 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 apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an 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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features 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 clarification 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 Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (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. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured Item #10. Page 61
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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. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor 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 Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’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 deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, 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 law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration 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 entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
(a) Contractor 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;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any 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 Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and 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 Contractor 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 Contractor hereunder, Contractor 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.

In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor 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 liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result 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 limited 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 Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:

Item #10. Page 63
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.

Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.

5.7 Substitution of Securities.

Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.

5.8 Release of Securities.

City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Item #10. Page 64
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer 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 Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 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 Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor 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.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor 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 Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor 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 Contractor, its 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 Contract Officer or upon the termination of this Agreement, and Contractor 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 materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted Item #10. Page 65
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

Contractor shall have an unrestricted 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 Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony 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 Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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 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 Los Angeles, State of California, or any other Item #10. Page 66
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
appropriate court in such county, and Contractor 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 Los Angeles, State of California.

7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. 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 Contractor 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 Contractor’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.
(b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary 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 Contractor’s acts or omissions in performing or failing to perform Contractor’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 Contractor, 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 deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346

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 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.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this 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 same 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, Contractor shall file a 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 actual damages for any delay in performance of this Agreement would be extremely difficult or impractical 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 $1,000 (One Thousand Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

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 Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be Item #10. Page 68
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
such shorter time as may be determined by the Contract Officer. In addition, the Contractor 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 Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor 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 Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor 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 terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor 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 Contractor 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 prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether 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 entitled 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 shall be enforceable whether or not such action is prosecuted to judgment.

7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor 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. § 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 related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.

Item #10. Page 69
Meeting Date: 3/14/2023 / Packet Page #: 218

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
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 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.

8.2 Conflict of Interest.

Contractor 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 way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor 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 relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The 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.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor 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 Contractor 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, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

Item #10. Page 70
Meeting Date: 3/14/2023 / Packet Page #: 219

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication 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 Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Contractor, to the person 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. All correspondence relating to this Agreement shall be serialized consecutively.

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 hereto is 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 Contractor and by the City Council. The parties agree that this 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 to carry out the intent 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.

Item #10. Page 71
Meeting Date: 3/14/2023 / Packet Page #: 220

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346

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 City participate in any decision relating to this Agreement which may affect his/her financial interest 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 violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor 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 official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing 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 awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials ___________________
(Name)
(Title)

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 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. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
Item #10. Page 72
Meeting Date: 3/14/2023 / Packet Page #: 221

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:

ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
(INSERT COMPANY NAME)
Name:(Insert Name)
Title: (Insert Title)
Email Address
Name:(Insert Name)
Title: (Insert Title)
Email Address
Address:
______________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’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 CONTRACTOR’S BUSINESS ENTITY.

Item #10. Page 73
Meeting Date: 3/14/2023 / Packet Page #: 222

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA
COUNTY OF ____________
On __________, 2022 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 that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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 other officer 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.

Item #10. Page 74
Meeting Date: 3/14/2023 / Packet Page #: 223

AGREEMENT

SECTION V

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1346

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA
COUNTY OF ____________
On __________, 2022 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 that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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 other officer 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.

Item #10. Page 75
Meeting Date: 3/14/2023 / Packet Page #: 224
01240.0001/535311.1 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista, Plan Nos. 1341-1346, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

This project consists of installing approximately 4,900 linear feet of new 8-inch and 12- inch water main and 325,000 square feet of street improvement on Cumberland Rd, Palomar Dr, Lone Hill Ave North of Foothill Blvd, Amelia Ave, Country Club Dr, Country Club Vista, and Wildwood Ranch Rd. Street improvements include pavement rehabilitation, concrete sidewalk repairs, curb and gutter repairs, ADA compliant curb ramps, signing, and striping. Additionally, this project includes improvements to address drainage issues on Amelia Avenue by adding a gutter on the west side of Amelia Avenue.

III. In addition to the requirements of Section 6.2, during performance of the work, Contractor shall facilitate a bi-weekly meeting (every 2 weeks) to deliver and discuss the following items:

A. Existing conditions report and status of overall work schedule B. Progress reports of work completed over the past two (2) weeks C. Report of work to be completed over the next two (2) weeks D. Report on pending request for information (RFIs)
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.

Item #10. Page 76
Meeting Date: 3/14/2023 / Packet Page #: 225
01240.0001/535311.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.

I. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

Add the following to Section 2.4 - Invoices:

In the event, a preliminary notice is posted by a subcontractor / supplier / manufacturer / vendor, an unconditional release will be required prior to releasing monies to the Contractor. Alternatively, an amount not to exceed the amount referred in the preliminary notice will be jointly released to the Contractor and the originator of the said notice with a conditional release from the said subcontractor / supplier / manufacturer / vendor.

II. ARTICLE 3. PERFORMANCE SCHEDULE
Add the following to Section 3.1 – Time of Essence:

Time being of the essence, the Contractor shall commence the work and shall diligently pursue the work to completion within the time stated in Article 13 of the Instructions to Bidders, and upon the work schedule, if any, as specified in the Special Conditions, except as such time may be extended in writing by the City in accordance with Section 3.2 and the provisions of the General Conditions.

III. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
Remove Section 5.1 (c) - Professional liability (errors & omissions) insurance.

Item #10. Page 77
Meeting Date: 3/14/2023 / Packet Page #: 226
01240.0001/535311.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:

Line
Item Item Description
Unit of
Measure Quantity Unit Price Extension
1 Mobilization LS 1
2 Traffic Control LS 1
3 Remove and Construct 4-Inch Thick PCC
Sidewalk Per SPPWC Std Plan 113-2
SF 4,950
4 Remove and Construct Type A2-6 Curb and
Gutter Per SPPWC Std Plan 120-3
LF 110
5 Remove and Construct Type D1-6 AC Dike Per
SPPWC Std Plan 120-3
LF 870
6 Remove and Construct Curb Ramp Per SPPWC
Std Plan No. 111-5, Case and Type per plan
EA 10
7 Cold Mill Existing Asphalt Concrete Pavement

1.5-Inch Uniform Depth
SF 166,300
8 Cold Mill Existing Asphalt Concrete Pavement 3-
Inch Uniform Depth
SF 77,900
9 Cold Mill Existing Asphalt Concrete Pavement

3.5-Inch Uniform Depth
SF 23,900
10 Cold Mill Existing Asphalt Concrete Pavement 4-
Inch Uniform Depth
SF 56,300
11 Construct Asphalt Rubber Hot Mix (GG-C-PG 64-
16) Overlay
TN 2,400
12 Construct AC (B-PG 64-10) Overlay Base Course TN 2,000 13 Remove and Construct AC (B-PG 64-10)
Pavement
TN 960
14 Remove and Construct Modified Residential
Driveway Per SPPWC Std Plan 110-2
SF 770
15 Remove and Construct Modified Longitudinal
Gutter Per SPPWC Std Plan 122-2
SF 3,040
16 Remove and Construct Reinforced Concrete
Retaining Wall per SPPWC 610-3
LF 80
17 Remove and Construct Curb and Gutter To
Longitudinal Gutter Transition Per Detail
LF 20
18 Install 6-Inch Ductile Iron Pipe CL- 350 LF 20
19 Install 8-Inch Ductile Iron Pipe CL-350 LF 3,350
20 Install 12-Inch Ductile Iron Pipe CL-350 LF 1,360
21 Install 12-Inch Ductile Iron Pipe CL-350 with
Polyethelyne Wrap
LF 160
Item #10. Page 78
Meeting Date: 3/14/2023 / Packet Page #: 227
01240.0001/535311.1 C-2
22 Construct 6-Inch Valve Box Assembly Type III Per
City of Glendora Std Plan 2.17
EA 1
23 Construct 8-Inch Valve Box Assembly Type III Per
City of Glendora Std Plan 2.18
EA 10
24 Construct 12-Inch Valve Box Assembly Type III
Per City of Glendora Std Plan 2.19
EA 5
25 Construct Fire Hydrant Assembly Type I Per City
of Glendora Std Plan 2.09
EA 11
26 Install 1" Service Assembly Per City Of Glendora
SD&S No. 2.25
EA 56
27 Install 2" Service Assembly Per City Of Glendora
SD&S No. 2.27
EA 1
28 Remove Existing Water Meter Box and Install
City-supplied Water Meter and Rotated Box, Tie
In To Existing Customer Lateral Per City Of
Glendora SD&S No. 2.39. Tie In Piping Shall Be
1" Minimum Adjust To Customer Lateral Size and
Type At Tie In - Long Side
EA 26
29 Remove Existing Water Meter Box and Install
City-supplied Water Meter and Rotated Box, Tie
In To Existing Customer Lateral Per City Of
Glendora SD&S No. 2.39. Tie In Piping Shall Be
1" Minimum Adjust To Customer Lateral Size and
Type At Tie In - Short Side
EA 32
30 Hot Tap Existing Water Line per Detail K EA 1
31 Remove Existing Water Valve EA 26
32 Remove Existing Fire Hydrant Assembly EA 9
33 Relocate Existing Mailbox EA 2
34 Remove Existing Hand Rail EA 1
35 Remove Existing Pole EA 1
36 Remove Existing Tree EA 7
37 Adjust Manhole Frame to Grade EA 26
38 Adjust Water Valve to Grade EA 71
39 Signing and Striping LS 1
40 Loop Detectors EA 9
41 Re-establish Survey Monument Including Tie-out EA 10 Not to Exceed Total
Bid Schedule B – Additive Alternate 1
Item Description Unit of
Measure Quantity Unit Price Total Price
42 Install 18-Inch Steel Pipe (10 Gauge Minimum)
Encasement LF 160 $ $
Not to Exceed Total
Item #10. Page 79
Meeting Date: 3/14/2023 / Packet Page #: 228
01240.0001/535311.1 C-3
Bid Schedule C – Additive Alternate 2
Item Description Unit of
Measure Quantity Unit Price Total Price
21b Install 12-Inch Steel Pipe (10 Gauge Minimum)
with Welded Joints LF 160 $ $
Not to Exceed Total
• Quantity may be changed or item may be deleted
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. 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.

C. Line items for all other 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.

V. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

Item #10. Page 80
Meeting Date: 3/14/2023 / Packet Page #: 229
01240.0001/535311.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:

Description Days to Perform Deadline Date
A. All Work 100 Working Days July 28, 2023
II. Contractor shall deliver the following tangible work products to the City by the following dates.

A. City’s Contract Officer will identify the same concurrently with the issuance of the notice to proceed.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

Item #10. Page 81
Meeting Date: 3/14/2023 / Packet Page #: 230
01240.0001/535311.1

PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contract for the work entitled and described as follows: Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista, Plan Nos. 1341-1346;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Item #10. Page 82
Meeting Date: 3/14/2023 / Packet Page #: 231
01240.0001/535311.1
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

Item #10. Page 83
Meeting Date: 3/14/2023 / Packet Page #: 232
01240.0001/535311.1

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista, Plan Nos. 1341-1346; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) 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/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Item #10. Page 84
Meeting Date: 3/14/2023 / Packet Page #: 233
01240.0001/535311.1
Executed on , 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

Item #10. Page 85
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01240.0001/535311.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista, Plan Nos. 1341- 1346
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Item #10. Page 86
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01240.0001/535311.1
Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

Item #10. Page 87
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01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Item #10. Page 88
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01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager, City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380.

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Item #10. Page 89
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01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #10. Page 90
Meeting Date: 3/14/2023 / Packet Page #: 239
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Item #10. Page 91
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01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Item #10. Page 92
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01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #10. Page 93
Meeting Date: 3/14/2023 / Packet Page #: 242
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

Item #10. Page 94
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01240.0001/535311.1

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
a) A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number _________.
(signatures on following page)
Item #10. Page 95
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01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #10. Page 96
Meeting Date: 3/14/2023 / Packet Page #: 245

GENERAL CONDITIONS

SECTION VI

STANDARD SPECIFICATIONS
WORK IDENTIFICATION: Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista, Plan Nos. 1341-1346.

STANDARD SPECIFICATIONS
Except as may otherwise be provided herein, the provisions of the 2021 Edition of the “Standard Specifications for Public Works Construction” (SSPWC), with the latest Supplements, prepared and promulgated by Public Works Standards, Inc., a California Nonprofit Mutual Benefit Corporation, whose members are the American Public Works Association, the associated General Contractors of California, the Engineering Contractors’ Association, the Southern California Contractors Association and BNI Publications, Inc., are adopted as the “Standard Specifications” for the Agency. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, California 92081, telephone (888) 264-2665.

The Standard Specifications set forth above will control the General Provisions, Construction Materials, and Construction Methods for this Contract, except as amended by the Plans, Special Provisions, or other contract documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted. The section numbers of the Special Provisions coincide with those of the said Standard Specifications.

Only those sections requiring elaborations, amendments, specifying of options, or additions are called out.

Item #10. Page 97
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Revised 10/2022

GENERAL PROVISIONS

SECTION VI

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND

COUNTRY CLUB VISTA
PLAN NOs. 1341-1346
PART 1 – GENERAL PROVISIONS
SECTION 1 – GENERAL.
1-1 GENERAL.

Add the following:

Terms defined in this Article which are used in other Contract Documents have the meaning assigned herein, unless the context requires a different meaning.

Words used herein in masculine gender include the feminine and neuter, and vice versa; the singulars include the plural, and vice versa. The word "person" includes a corporation, association, or partnership.

Unless otherwise specifically defined herein, or unless the context requires a different meaning, all words, terms and phrases having a well-known or technical meaning shall be construed. 1-2 TERMS AND DEFINITIONS.

Add the following:

City The City of Glendora.

City Clerk The City Clerk or Secretary of the City.

City Council The City Council or Agency of the City.

Materials Any material, equipment, appliance, process, item or article of any nature whatsoever installed or incorporated into the work or provided to the City under the contract.

Project The project is the total improvement, of which the work performed under the contract may be the whole or a part.

Contract Officer Engineer or such person as may be designated by the City Manager. 1-6 BIDDING AND SUBMISSION OF THE BID.
1-6.2 Subcontractor Listing.

Add the following subsections:
1-6.2.1 Subcontractor Bound by Contract.

Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City.

Item #10. Page 98
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Revised 10/2022

GENERAL PROVISIONS

SECTION VI

1-6.2.2 City Consent to Subcontractor.

The City's consent to, or approval of, any subcontractor under the contract shall not in any way relieve Contractor of his obligations under the contract and no such subcontract or approval thereof shall be deemed to waive any provision of the contract between the City and Contractor.

SECTION 2 – SCOPE OF THE WORK.
2-4 COOPERATION AND COLLATERAL WORK.

Add the following to the first paragraph:

The City reserves the right to award other contract in connection with the project. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at the site of the project.

Add the following to the second paragraph:

The City shall decide which contractor shall cease work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously.

Add the following subsection:
2-4.1 Cutting and Patching.

Contractor shall do all cutting, fitting, or patching of the work as required to make its several parts come together properly and fit to receive or be received by work of other contractors showing upon, or reasonably implied by, the drawings and specifications for the completed project, and he shall make good after them as the City Engineer may direct. All cost caused by defective or ill-timed work shall be borne by party responsible therefor.

Contractor shall not endanger any work by cutting, excavating, or otherwise altering work and shall not cut or alter work of any other contractor, except with written consent of the City Engineer.
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
2-5.2 Temporary Utility Services.

Add the following to the first paragraph:

Contractor shall furnish and install necessary, temporary distribution systems, including meters, from distribution points to points on site where utility is necessary to carry on the work.

Upon completion of work, Contractor shall remove all temporary distribution systems.

Replace the second paragraph with the following:

Item #10. Page 99
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Revised 10/2022

GENERAL PROVISIONS

SECTION VI

In accordance with Glendora Municipal Code Section 14.20.090 and Section 14.28 et seq., City water will be made available to the Contractor as follows:

All water used other than through a service connection and meter shall be through a fire hydrant meter. Hydrant meters shall be installed by the Contractor and moved from one location to another only upon approval of the Engineer and the Los Angeles County Fire Department. The applicant shall deposit one thousand and twenty dollars ($1,020.00), or per current fee schedule, with the City for such service and shall pay a one hundred dollar ($100.00) minimum charge per month or portion thereof for such use.

Water used shall be charged at current rate approved by the City Council for each zone of use per one hundred cubic feet (100 cu. Ft.).

Add the following:

If the contract is for an addition to an existing structure, Contractor may, with written permission of the Engineer, use the City's existing utilities to carry on the work by making prearranged payments to the City.
2-5.4 Haul Routes.

Replace this subsection with the following:

Haul route shall be Route 66, Lone Hill Ave, and Amelia Ave. 2-8 EXTRA WORK.

Add the following:

Any item considered to be extra work must be reported to the City immediately. All Extra Work claims shall be submitted in writing within 24 hours of encountering the extra work. Submittal of false claims is punished by State law and in addition, the contractor shall reimburse the City for all employees’ costs and other fees spent on researching and reconciling the false claim.

SECTION 3 – CONTROL OF THE WORK.
3-6 THE CONTRACTOR’S REPRESENTATIVE.

Add the following:

The names, addresses, and telephone numbers of the Contractor and Subcontractors, or their representatives shall be filed with the Engineer, the City of Glendora Police Department, and the Los Angeles County Fire Department prior to beginning work on the project. 3-8 SUBMITTALS.
3-8.4 Supporting Information.

Replace item “a)” with the following:

Item #10. Page 100
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Revised 10/2022

GENERAL PROVISIONS

SECTION VI

a) List of subcontractors and suppliers per 3-3 (including contact names and phone numbers).

Add the following items to the last paragraph:
n) Pre-construction corner records.
o) Post construction corner records.
p) Untreated base materials per 200-2.
q) Detectable warning surface.
r) Corporation Stops and Angle Meter Stops.
s) Copper Pipe and Fittings.
t) Pipe, Fittings, and Joints.
u) Saddle, Adapter, and Reducer/Enlarger fittings.
v) Gate Valves and Valve Casing.
w) Polyethylene Encasement.
x) Fire Hydrant Assembly.
y) Signing, Striping, Marking and Raised Pavement Marker Materials. z) Water Main Shutdown Schedule (No Monday or Friday shutdown).

Add the following subsection:
3-8.7 Recycled Materials Certificate.

The Contractor shall file with the Engineer, prior to the acceptance of the work, a Recycled Materials Certificate. The Recycled Materials Certificate shall list all recycled materials used in connection with work or delivered off-site for recycling. Certificate shall include for each recycled material type: a) Material description, b) Material quantity, c) Method of measurement, d) Material origination location, e) Material deposition location. Certificate shall comply with all AB939 requirements.
3-9 SUBSURFACE DATA.

Add the following:

When a soils investigation report is available from the City, such report shall not be a part of the contract. Any information obtained from such report or any information given on drawings as to subsurface soil condition or to elevations of existing grades or elevations of underlying rock is approximate only, is not guaranteed, and does not form a part of the contract. Contractor is required to make a visual examination of site and must make whatever tests he deems appropriate to determine underground condition of soil. Contractor agrees that he will make no claim against the City for damages in event that, during progress of the work, Contractor encounters unknown subsurface or latent conditions at the site that materially differing from those shown on Drawings or indicated in specifications, or for unknown conditions of an unusual nature which differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character Item #10. Page 101
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GENERAL PROVISIONS

SECTION VI

provided for the drawings and specifications.
3-10 SURVEYING.
3-10.1 General
Replace this section with the following:

The Contractor shall furnish all labor, equipment, and Private Engineer services, and be responsible for all surveying, staking, and layout necessary for the improvements. In the event of a substantial discrepancy between information shown on the Plans and actual field conditions, the Contractor shall cease any affected work and notify the Engineer. The Engineer will provide direction and authority to proceed. Surveying by Private Engineers on the Work shall conform to the quality and practice required by the Engineer.

The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. Contractor shall replace any construction survey stakes that are lost or disturbed and need to be replaced. Such replacement will be performed at the expense of the Contractor.

Add the following subsection:
3-10.3 Payment
Payment for surveying shall be considered as included in other items of work and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for performing surveying and no additional compensation will be made therefor. 3-12 WORK SITE MAINTENANCE.
3-12.1 General.

Add the following to the first paragraph:

All excess excavated materials are to be removed immediately and disposed of at an approved site unless otherwise approved by the Engineer.

Replace the second paragraph with the following:

When directed by the Engineer, the Contractor shall provide a self-loading motorized street sweeper equipped with a functional water spray system. The sweeper shall clean all paved areas within the Work site and all paved haul routes at least once each working day.

Add the following:

Contractor shall, at his sole expense, protect and care for all work until the contract has been fulfilled to the satisfaction of, and the work has been accepted in writing by, the City Engineer. 3-12.2 Air Pollution Control.

Item #10. Page 102
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GENERAL PROVISIONS

SECTION VI

Add the following:

Contractor shall provide such dust control equipment and methods as may be required to protect adjacent property from annoyance or damage from dust caused by his operations, and failure to control such dust shall be cause for the Engineer to stop the work until said dust is controlled. Contractor shall have no recourse to collect from City for any loss of time or expense sustained by him due to such suspension of work. 3-12.4 Storage of Equipment and Materials.
3-12.4.1 General.

Add the following:

The Contractor shall confine all tools and equipment, the storage of materials, and the operation of workers to areas designated by the Engineer.

With respect to any premises, tools or equipment of the City made use of in the performance of the contract, Contractor shall have inspected the same prior to use, have accepted them in good safe condition and have agreed to maintain them in a safe condition for the protection of workmen while using them during the performance of the work. 3-12.6 Water Pollution Control.
3-12.6.5 Payment.

Add the following:

Unless otherwise indicated in the Special Provision, measurement and payment for Storm Water Pollution Prevention Measures, as described herein, shall be included in the items of Work requiring storm water pollution prevention measures as indicated in the project Special Provisions. Such payment shall be considered full compensation for all labor, materials, tools, and equipment for completion, and implementation and compliance with the SWPPP.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.2 Acceptance.

Add the following subsections:
3-13.2.1 Correction of Work Before Acceptance
Contractor shall promptly remove from premises all work condemned by the City Engineer as failing to conform to contract, whether or not installed or incorporated. Contractor shall promptly replace and re-execute the work to comply with the Contract Documents without additional expense to the City and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.

Item #10. Page 103
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Revised 10/2022

GENERAL PROVISIONS

SECTION VI

If Contractor does not remove such condemned work within a reasonable time, fixed by written notice, the City may remove it and may store the material at Contractor's expense.

If contractor does not pay expenses of such removal within ten (10) days time thereafter, the City may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor.
3-13.2.2 Final Clean Up
Upon completion of the work and before acceptance and final payment shall be made, Contractor, at his sole expense, shall clean the work and all premises occupied by him in connection with the work. All rubbish, excess materials, falsework, temporary structures, tools and equipment shall be removed and all parts of the work shall be left by removal of structures shall be filled with clean suitable soil acceptable to the City Engineer. 3-13.2.3 Certificate as to Compliance with Certain Regulations.

The Contractor shall file with the City Engineer, prior to the acceptance of the work, a certificate in form substantially as follows:

I (We) hereby certify that all work has been performed and materials supplied in accordance with the specifications, drawings, and Contract documents for the above work and that:
(a) No less than the prevailing rates of per diem wages as ascertained by the Director of Industrial Relations has been paid to workers employed on this work and a copy of said rates has been posted and maintained at the work site at all times during the course of the work;
(b) There have been no unauthorized substitutions of subcontractors; nor have any unauthorized subcontracts been entered into;
(c) No subcontract was assigned or transferred or performed by anyone other than the original subcontractor, except as provided in the Subletting and Subcontracting Fair Practices Act, Public Contract Code, Section 4100, et. seq. (d) All claims for materials and labor and other services performed in connection with the Contract Documents have been paid.
3-13.3 Warranty.

Replace the first paragraph with the following:

Besides warranties and guaranties otherwise required by the Contract Documents, Contractor warrants and guarantees all work for a period of one year after date of acceptance of work by the City and shall repair or replace any or all such work, together with any other work, which may be displaced in so doing, that may prove defective in workmanship, materials or both within one year from date of acceptance without expense whatsoever to the City, ordinary wear and tear, usual abuse or neglect excepted. The City Engineer will give notice of observed defects with reasonable promptness. Contractor shall notify the City Engineer upon completion of repairs.

Add the following:

Item #10. Page 104
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GENERAL PROVISIONS

SECTION VI

In the event Contractor fails to commence the corrective work within ten (10) days after being notified in writing to do so by the City Engineer and prosecute the corrective work to timely completion, the City may proceed to have defects corrected and made good at the expense of Contractor who shall pay costs and charges therefore immediately on demand.

If, in the opinion of the City Engineer, defective work creates dangerous condition or requires immediate corrective work to prevent further loss to the City or to prevent interruption of operations of the City, the City Engineer shall attempt to give the notice required by this section.

If Contractor cannot be contacted or does not comply with the City's request for correction within a reasonable time as determined by the City Engineer, the City may, notwithstanding the provisions of this Section, proceed to make such corrective work, and the Contractor shall be liable for costs of such corrective work. Such action by the City will not relieve Contractor of the warranties and guaranties provided in this Section or elsewhere in the contract.

This section does not in any way limit the warranty or guaranty on any material for which a longer warranty or guaranty is specified in the Contract Documents or on any items for which a manufacturer gives a warranty or guaranty for a longer period. Contractor shall furnish the City Engineer with all appropriate warranty and guaranty certificates upon completion of the work.

SECTION 4 – CONTROL OF THE MATERIALS.
4-1 GENERAL
Add the following subsection:
4-1.1 Liens.

No materials, supplies, tools or equipment for work under this contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest in this contract, or in any part thereof, is retained by seller or supplier. Contractor warrants good title to all materials installed or incorporated in the work by Contractor or any subcontractor and agrees upon completion of all work to deliver premises, together with all improvements and appurtenances constructed or placed thereon by him or her, to the City free from any claims, liens; or charges. Contractor further agrees that neither (s)he/it, nor any person, firm, or corporation furnishing any materials, supplies, tools, equipment or labor for any work covered by this contract shall have any right to lien upon the premises or any improvement or appurtenance thereon, except that Contractor may install metering devices or other equipment of utility companies or of political subdivisions title to which is commonly retained by utility company or political subdivision. In event of installation of any such metering device or equipment, Contractor shall advise the City as to owner thereof. Nothing contained in this article, however, shall defeat or impair the rights of persons furnishing material or labor under any bond given by Contractor for their protection or any rights under any law permitting such persons to look to funds due Contractor in the hand of the City, and this provision shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing material for work when no formal contract is entered into for such material.

Item #10. Page 105
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GENERAL PROVISIONS

SECTION VI

4-4 TESTING
Add the following subsection:
4-4.1 Samples.

Contractor shall furnish for approval, within thirty-five (35) days following notice of award of contract, all samples as required in specifications together with catalogs and supporting data required by the Engineer. This provision shall not authorize any extension of time for performance of the contract. The Engineer will review such samples only for conformance with design and concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples, pursuant to California Public Contract Code Section 3400. [P.C.C. Section 3400]
4-6 TRADE NAMES.

Add the following:

In the event Contractor furnishes an "or equal" material more expensive than that specified in the bid form, the difference in cost of such material so furnished shall be borne by Contractor, pursuant to California Public Contract Code Section 3400. [P.C.C. Section 3400] SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK. 6-1.2 Commencement of the Work.

Replace this subsection with the following:

The first working day of the contract will be ten (10) calendar days from the date specified in the notice to proceed.

Add the following subsection:
6-1.3 Pre-Construction Meeting.

The Contractor shall attend a pre-construction meeting scheduled by the City’s representative prior to commencement of any work on the project. This meeting shall be attended by City staff to review the construction methods, coordinate with utility companies, and review the project schedule and Contractor submittals.
6-3 TIME OF COMPLETION.
6-3.1 General.

Add the following subsection:
6-3.1.1 Working Times.

Item #10. Page 106
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GENERAL PROVISIONS

SECTION VI

The Contractor shall not begin work before 7:00 AM and shall cease work by 4:00 PM and shall not work on Saturdays, Sundays, or the following Holidays as observed by the City:

New Year’s Day, Birthday of Martin Luther King, Jr., President’s Birthday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day following Thanksgiving Day, Christmas Eve, Christmas Day and New Year’s Eve.

At all times outside of those listed above, all traffic lanes shall be passable and open to traffic.

Any deviations from this schedule must have the expressed permission from the Engineer. 6-4 DELAYS AND EXTENSIONS OF TIME.
6-4.2 Extensions of Times
Add the following:

If such work is not completed within the time for completion, the City Council shall have the right to increase the number of working days in the amount it may determine will best serve the interests of the City, and if it desires to increase said number of working days it shall have the further right to charge the Contractor and deduct from the final payment for the work, the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges.
6-4.3 Payment for Delays.

Add the following:

If the Engineer determines that compensation is not justified, Contractor will be so advised in writing. Contractor may then submit a notice of potential claim to the Engineer, as provided in the Standard Specifications relative to disputed work.
6-9 LIQUIDATED DAMAGES.

Replace the third sentence of the first paragraph with the following:

For each consecutive calendar day in excess of the time specified for the completion of Work, as adjusted in accordance with 6-4, the Contractor shall pay to the City, or have withheld from monies due it, the sum of one thousand dollars ($1,000). {Government Code Section 53069.85} Replace the second paragraph with the following:

Execution of the Contract shall constitute agreement by the City and Contractor that one thousand dollars ($1,000) per Day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Progress payments made by the City after the time allowed to Item #10. Page 107
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GENERAL PROVISIONS

SECTION VI

complete the work shall not constitute a waiver of the City’s entitlement to liquidated damages under this contract.

City Contractor
SECTION 7 – MEASUREMENT AND PAYMENT.
7-3 PAYMENT.
7-3.2 Partial and Final Payment.

Add the following subsection:
7-3.2.1 Substitution of Securities
Pursuant to Public Contract Code § 22300 and upon Contractor's request, the City will make payment of funds retained from progress payments for performance security, if Contractor deposits in escrow with the City Treasurer or with a state or federal chartered bank acceptable to the City as escrow agent, securities eligible for the investment of City funds under Government Code § 16430 or bank or savings and loan certificates of deposit.

Securities shall be substituted upon the following terms and conditions:
(1) Contractor shall bear the expense of the City and the escrow agent, either the City Treasurer or the bank, in connection with the escrow deposit made. (2) Securities or certificates of deposit shall be of a value equal to 100 percent of the amounts of retention to be paid to Contractor pursuant to this section. (3) Contractor shall enter into an Escrow Agreement in the form attached to these General Conditions as Exhibit "A".
(4) Contractor shall obtain the written consent of the surety to the escrow Agreement. 7-3.4 Mobilization.

Replace this subsection with the following:

Mobilization shall consist of preparatory work and operations, including but not limited to, necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for preparing and implementing the BMP Plan; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, as well as the related demobilization costs anticipated at the completion of the project. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in Mobilization.

Demobilization shall include all activities and costs for transportation of personnel, equipment, and supplies not required or included in the contract from the site; including the disassembly, Item #10. Page 108
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GENERAL PROVISIONS

SECTION VI

removal, and site cleanup of offices, buildings, and other facilities assembled on the site specifically for this contract.

No additional compensation will be allowed for additional mobilizations or demobilizations required, including but not limited to, delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations.

Add the following subsection:
7-3.4.1 Payment.

Payment for Mobilization shall be paid at the contract price per Lump Sum (LS) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for the mobilization and demobilization complete in place and no additional compensation will be made therefor.
7-4 PAYMENT FOR EXTRA WORK.
7-4.1 General.

Add the following:

Labor surcharge and Equipment Rental Rates will be paid at the applicable rates listed in Labor Surcharge and Equipment Rental Rates at the time when extra work is performed.

Labor Surcharge and Equipment Rental Rates is published by Caltrans as is available on the Caltrans website (https://dot.ca.gov/programs/construction/equipment-rental-rates-and-laborsurcharge). 7-4.3 Markup.

Add the following:

The following percentages shall be added to the Contractor’s costs and shall constitute the markups for all overhead, profit and increase in bond premium caused by the Extra Work.

1. Labor 15%

2. Material 15%

3. Equipment 10%

4. Subcontractor 10% for first $5,000 portion of work performed. 5% in excess of $5,000 portion of work performed.
end Section VI - General Conditions
Item #10. Page 109
Meeting Date: 3/14/2023 / Packet Page #: 258
Revised 10/2019

ESCROW AGREEMENT

SECTION VII

ESCROW AGREEMENT FOR SECURITY DEPOSITS

IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Glendora, whose address is 116 E. Foothill Boulevard, Glendora, CA 91741 hereinafter called "Owner," whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of dated _____ (hereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
(3) Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated. (4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.
(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the contractor. Upon seven (7) days written notice to the escrow agent from the owner of the default, the escrow agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections 4 to 6 inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

Item #10. Page 110
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ESCROW AGREEMENT

SECTION VII

On behalf of Owner: On behalf of Contractor: On behalf of Escrow Agent:

Title Title Title
Name Name Name
Signature Signature Signature
Address Address Address
At the time the Escrow Account is opened, the owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner: Contractor:

Title: Title:

Name: Name:

Signature: Signature:
[P.C.C. Section 22300]
End Section VII - Escrow Agreement
Item #10. Page 111
Meeting Date: 3/14/2023 / Packet Page #: 260
Revised 10/20/2022

SPECIAL PROVISIONS

SECTION VIII

SPECIAL PROVISIONS

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR,

AND COUNTRY CLUB VISTA
PLAN NOs. 1341-1346
PART 2 - CONSTRUCTION MATERIALS
SECTION 200 – ROCK MATERIAL
200-2 UNTREATED BASE MATERIALS
200-2.1 General.

DELETE the 1st paragraph in its entirety and SUBSTITUTE with the following:

Untreated base material shall be crushed aggregate base. 200-2.2 Crushed Aggregate Base.
200-2.2.3 Quality Requirements.

DELETE footnote 1 for Table 200-2.2.3 and SUBSTITUTE with the following:

1. The minimum R-value requirement will not be waived
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements.
201-1.1.1 General.

Add the following:

The same brand type, source of cement, and aggregate shall be used for all Portland cement concrete per the approved submittal.

Fly ash shall not be used.
201-1.2 Materials.
201-1.2.4 Chemical Admixtures.

Item #10. Page 112
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SPECIAL PROVISIONS

SECTION VIII

Add the following:
f) Retarding Densifyer. The material shall be of the
hydroxylated carboxylic acid type in liquid form and shall not entrain air or cause foaming. The retarding densifyer shall be used in strict compliance with the printed recommendations of the manufacturer.

There shall be no reduction in the cement content of the concrete mix because of the addition of the retarding densifyer.

The admixture shall be such that its addition to the concrete mix will:

1. Decrease drying shrinkage;

2. Increase compressive strength for all concrete strength for all concrete ages from 3 days to 1 year;

3. Increase flexural strengths, modulus of elasticity and abrasion resistance;

4. Increase the slump and placement workability;

5. Retard the initial set and increase the density; and

6. Shall contain no calcium or tri-ethanolamine.

At the discretion of the Engineer, the Contractor may be required to submit proof that the admixture he proposed to use meets the foregoing requirements. Such proof shall be in the form of comparative tests of plain and admixture containing mixes performed by an acceptable local
laboratory with testing based on use of the project materials and in accordance with the requirements of ASTM C 157.

An approved admixture conforming to these requirements is plastiment retarding densifyer in liquid form.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.1 General.

Add the following:

Contractor shall submit materials to Engineer for approval. 201-3.4 Type “A” Sealant (Two-Part Polyurethane Sealant).

Add the following:

Sealant shall be Type “A” with Polyethylene foam filler. Submit two samples to the Engineer for approval.
201-4 CONCRETE CURING MATERIALS
Item #10. Page 113
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SPECIAL PROVISIONS

SECTION VIII

201-4.1 Membrane Curing Compounds.
201-4.1.1 General.

Add the following:

Concrete curing compound shall be Type 2.

SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.1 General.

Add the following:

Asphalt concrete material used for remove and replace repairs within the roadway shall be Class and Grade B-PG 64-10.
203-11 ASPHALT-RUBBER HOT MIX (ARHM).
203-11.2 Materials.

Add the following:

Contractor shall maintain a minimum quality control plans as follows:
a) Perform sieve analysis test Caltrans Test 202 on a sample taken immediately after 300 tons of production and every 500 tons thereafter. b) Perform binder content test Caltrans Test 382 on a sample taken immediately after 300 tons production and every 1,000 tons thereafter.

Tests shall be performed and completed without interruption directly after samples are procured at the production plant laboratory.

A copy of test results shall be provided to the Engineer immediately upon completion of each test or upon request thereafter if Engineer is not present at time of the test. Adjustments shall be made immediately if test results indicate a need for adjustment.
203-11.2.3 Crumb Rubber Modifier (CRM).
203-11.2.3.1 General.

DELETE the first paragraph and SUBSTITUTE the following::

The material shall consist of a combination of scrap tire CRM and high Item #10. Page 114
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SPECIAL PROVISIONS

SECTION VIII

natural CRM meeting the requirements of this subsection. Scrap tire CRM shall consist of ground or granulated rubber derived from any combination of automobile tires, truck tires or tire buffing. Whole scrap tire rubber shall be derived from scrap tires generated entirely within the State of California, and the certification of compliance shall so certify.

The high natural rubber shall be a single source material and not a blend of more than one source.

The high natural CRM and CRM rubber components shall not be pre-mixed prior to mixing with paving asphalt.

The percentage of high natural CRM shall be equal to 1000 divided by the percentage of natural rubber in the high natural CRM (using whole number percentages), e.g., 1000/40% equals 25 percent. The remainder of CRM shall be scrap tires.

The maximum value for Natural Rubber Content in Table 203-11.2.3.1(B) is hereby deleted.

DELETE the sixth (last) paragraph of Subsection 203-11.2.3.1 General of the Standard Specifications.
203-11.2.4 Aggregate.

DELETE in its entirety and SUBSTITUTE with the following:

The aggregate for ARHM shall conform to the “quality requirements” for asphalt concrete Type A as specified in Caltrans Standard Specifications.

All aggregate used for ARHM shall be crushed aggregate.

Any change in source of aggregate supply requires 2 weeks advance notice in writing to the Engineer, and submittals and testing in conformance with specifications for a new mix design. No single bin shall receive aggregate from more than one source. Contractor shall provide a copy of aggregate delivery tickets for aggregate delivered for use on the project. 203-11.3 Composition and Grading.

Add the following:

Optimum binder content shall be based on Caltrans 367 procedure without modification using air voids of 4%. Once full compliance with specifications is established at 4% air voids, the binder content shall thereafter be increased to provide 3.5% voids to conform to the residential traffic in the project, all other factors being within specification.

Variations of percent air voids below the minimum specified will be cause to terminate Item #10. Page 115
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SPECIAL PROVISIONS

SECTION VIII

paving operations until changes to conform to the specified percent air voids are demonstrated and approved by the Engineer.

The gradation ranges shown in Table 203-11.3, including the ¾” sieve range added herein, shall be considered the Contract Compliance Range. The Operating Range for the ½” sieve shall be 94% to 99%. The Operating Range for all other sieves, except the 200 sieve, shall be 2 percentage points inside the Contract Compliance Range. If gradation test results do not meet the Operating Range requirements but meet the Contract Compliance Range, placement of ARHM may be continued for the remainder of the day.

However, another day’s work shall not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for Operating Range.
203-11.4 Mixing Asphalt and CRM.

Add the following:

The required mixing/reaction time is hereby modified to 75 minutes minimum. The minimum reaction period shall be the time from complete incorporation of materials into the mix to the time that the asphalt-rubber meets all specifications for reacted material.

Reaction shall be considered complete only after the second of two viscosity readings taken 15 minutes apart is less than the first. The Engineer’s decision shall be final for determination of the minimum reaction period.

All material shall be tested for viscosity and verified as to complete reaction prior to transfer to any storage tank or use of the reaction tank for feed to the hot mix plant. Material reacted lower than specified temperature, but above 185 degrees C (365 F), or transferred to a storage tank prior to completion of reaction as specified, shall be reacted for a total period of 3 hours prior to use. Any such transfer shall be described in the comments column of the Asphalt Rubber Batch Log.

Each batch of binder shall be tested for viscosity after the minimum reaction time has passed and the following information shall be recorded:
• Temperature of stored asphalt cement material at time of loading • Time at which the reaction tank is fully loaded
• Tons of asphalt rubber added to the tank for the batch • Total asphalt rubber in the tank after loading
• The beginning time of reaction (Fully loaded and above 375° F) • Binder temperature at time of sampling
• Temperature of tested material
• Viscosity reading
• Time of viscosity test (All test results must be completed prior to use.) A copy of the Asphalt Rubber Batch Log shall be provided to the Engineer upon request.

A copy of the batch log sheet and all circle charts for the day shall be submitted to the Engineer within 12 hours of ending production of ARHM for the day.

Item #10. Page 116
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SECTION VIII

(A log sheet form will be provided at the preconstruction meeting.) Construction shall be considered unauthorized until Contractor has faxed the log to the Engineer as arranged at the preconstruction meeting and has in his possession a fax confirmation sheet with a time and date conforming to specification. Under any circumstances, Engineer must be contacted for clearance to pave. 203-11.5(C) Storage/Reaction Tank.

Add the following:

Reaction Tank. The asphalt-rubber material shall be held in a reaction tank separate from the storage tank feeding the ARHM plant, until the reaction is complete. The reaction tank shall have agitation sufficient to increase the viscosity of the mixture to a peak viscosity reading at least 20 percent higher than the viscosity reading of the material measured at a time that the material otherwise meets specifications for reacted material. The time of reaction may be extended as needed to produce this result. It shall be the responsibility of the Contractor to demonstrate to the Engineer through viscosity readings at appropriate times that the equipment conforms to these requirements. If this cannot be demonstrated, the reaction time shall be 3 hours. Once established, the reaction time shall be the minimum time for reaction unless there are changes in materials or equipment, in which case a new reaction time shall be established per specifications. The Engineer's decision shall be final.

The reaction tank shall have a functioning paper circle chart thermometer device, which shall record tank temperatures whenever asphalt rubber is in any stage of production.

Seven days before production of asphalt rubber starts, the Contractor shall provide the Engineer approximately double the number of charts estimated to be needed to produce the necessary binder quantity. These charts will be numbered and signed by the Engineer and returned to the Contractor prior to start of production. These signed and numbered charts shall be used throughout production of the asphalt rubber binder. Charts shall be used in the consecutive order as numbered by the Engineer beginning with number one, and shall be returned weekly after use to the Engineer. Charts will be identified with the date they were used by the Contractor at time of installing on the equipment, and shall be identified as to the tank to which they were attached. Production of asphalt rubber shall be terminated if this procedure is not followed and will not be restarted until Contractor demonstrates to the Engineer that it is capable of complying with this requirement.

At the start of each production day, the paper chart shall be replaced with a new signed, dated and numbered sheet, the lead scribe shall be sharpened or ink well filled, and the circle chart shall be calibrated against a sample of material drawn early from the first batch of the day. Any calibration adjustments shall be recorded in the appropriate space provided on the batch log sheet. A spare functional circle chart device shall be at the plant at all times for immediate installation should failure occur on a circle chart device being used. Calibration shall be performed as part of such installation. The lack of a functional circle chart device on the reaction tank shall be cause to terminate production of asphalt rubber binder. A blunt lead scribe or low ink, or a paper chart used on a prior day will be Item #10. Page 117
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SPECIAL PROVISIONS

SECTION VIII

considered to render the device non-functional.

Storage Tank. After a complete reaction is verified by viscosity readings acceptable to the Engineer, the material shall be held in a storage tank that is fully isolated from material that is not fully reacted. This tank shall be the only tank feeding the ARHM plant. No material shall be transferred to the storage tank feeding the plant until reaction is complete in the reaction tank.

SECTION 209 – PRESSURE PIPE
209-1 IRON PIPE AND FITTINGS
209-1.1.1 General.

Add the following:

Ductile Iron Pipe (DIP) shall comply with AWWA C151. Unless otherwise specified on the Plans or Specifications, the minimum pipe wall thickness shall be equal to Pressure Class 350.

This work shall consist of furnishing and installing ductile iron main line, valves, fittings, and bends, trench excavation, trench bedding, removal and disposal of interfering portions of abandoned pipe line (whether or not shown on the Plans), trench resurfacing, hydrostatic testing per City of Glendora S. D. & S. No. 2.03, and bacteriological testing per City of Glendora S. D. & S. No. 2.36. This work shall also include cutting and capping the existing main line after the new main line is in service and the removal of all valve cans for abandoned valves and filling the void left by the valve with 1-sack cement-sand slurry.

This work shall also consist of furnishing and installing 8”-45 degree, 8”-

22.5 degree, and 8”-11.25 degree ductile iron elbows at the locations as shown on the Plans. This work also includes trench excavation, trench bedding, removal and disposal of interfering portions of abandoned pipe line (whether or not shown on the Plans), and the restoration of existing improvements (such as pavement, cross gutter, striping etc.) in kind after the new water main is installed and is in service.

Add the following:
209-1.1.2 – Materials
All permanent ductile iron pipe and fittings shall be Class 350 in conformance with SSPWC 209-1.1.2 and AWWA C150 and C151 and shall be polyethylene encased in conformance with SSPWC 212-12.1.1 and AWWA C105. All ductile iron pipe and fittings shall be cement-mortar interior lined in conformance with SSPWC 209-1.1.2 and AWWA C104. All ductile iron pipe and fittings shall have a bituminous coating in conformance with SSPWC 212-12.1.1 and AWWA C151 and AWWA C110, respectively.

Item #10. Page 118
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SECTION VIII

All pipes and fittings using mechanical joints shall be in conformance with SSPWC 306-8.2.2.2 unless otherwise shown. FLxMJ adapters shall also be supplied by the contractor when necessary. Contractor shall take all necessary measures to ensure that all materials are delivered in undamaged condition and free of any defects. City reserves the right to refuse any damaged or defective materials. Damaged or defective materials shall be replaced by Contractor at no additional cost.

Asphalt concrete shall be B-PG 64-10 in accordance with SSPWC 203-6.

Gate valves shall be Class 350 (MJ x FL) in conformance with SSPWC 212-5.1.2 and AWWA C515 and shall be epoxy lined and coated (8 mil minimum).

Fittings and bends shall be restrained MJ x MJ.

Protective interior coatings for valves and hydrants shall be in conformance with ANSI/AWWA C550. Contractor shall take all necessary measures to ensure that all materials are delivered in undamaged condition and free of any defects. City reserves the right to refuse any damaged or defective materials. Damaged or defective materials shall be replaced by Contractor at no additional cost.

SECTION 211 - MATERIAL TESTS
211-4 HAND HELD VISCOMETER TEST.
211-4.2 Calibration
In the 1st paragraph, DELETE the 2nd and 3rd sentences and SUBSTITUTE with the following:

In one continuous operation, turn off the spindle rotation, remove the spindle vertically from the binder (after heating), discontinue stirring the binder and immediately insert the spindle back into the center of the binder. While holding the viscometer level, turn the spindle on and watch the needle on the viscometer dial and record the maximum value obtained on the dial.

Item #10. Page 119
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PART 3 - CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.1 General.

Add the following:

Demolition and removal of tree, shrub and turf; root shaving; and such other items not mentioned that are required by the Plans and Specifications, are part of this work in this section.

All obstructions within project limits shall be removed to a minimum of 12-inches below subgrade.

Soil backfill for holes caused by the removal of the existing structures foundations shall be filled with selected site soils and recompacted in 6-inch layers to the density of 95-percent relative compaction.

Tree removal shall include grinding stumps and associated roots to the diameter of the trunk at existing grade and to 3-foot depth below existing grade. Grindings shall be removed from this 3-foot hole. The hole shall then be filled with soil and compacted to 95-percent relative compaction.

Contractor shall replace designated, unusable existing facilities and equipment, in kind, at the direction of the Engineer.

The application of herbicide to kill turf and weeds, shall be per manufacturers' recommendations, including roots; and the removal and disposal of soil and turf offsite, and such other items not mentioned that are required by the Plans and Specifications, are part of the work in this section.

All existing turf in the area designated for replacement shall be stripped, removed, and disposed of offsite in a legal manner.

The cleared area shall be ripped to a depth of 12 inches, except in areas of existing tree roots which generally extend to the drip line of the tree canopy. SPECIAL

CARE SHALL BE TAKEN TO PROTECT EXISTING TREES TO REMAIN FROM DAMAGE.
300-1.2 Root Pruning and Tree Trimming.

Add the following:

Tree branches which hang within 13.5 feet above finished roadway grade or within 9 feet above finished sidewalk or parkway grade shall be removed to the branch Item #10. Page 120
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collar in accordance with the current pruning standards of the International Society of Arboriculture (ISA). The Contractor shall remove additional tree branches, under the direction of the Engineer, in such a manner that the tree will present a balanced appearance. No paint or tree sealant shall be applied to the resulting scars. All pruning shall be done under the supervision of an ISA Certified Arborist in the Contractor’s employ.

All the root pruning required to place or replace walks, or other permanent facilities shall be limited to the minimum amount necessary to set forms.

All roots 2 inches and larger shall be cut with sharp tool such as axe or chainsaw.

No roots shall be broken off by trenching or other heavy equipment.

No root shall be removed within five (5) diameters of the tree trunk measured at 4 feet, 9 inches above grade without the express written permission of the City. Any such root removed without the City’s written permission may create a hazardous condition for which the Contractor shall be liable.

Should the Contractor create a hazardous condition in the sole judgment of the Engineer the Contractor shall remove the tree and replace it with a specimen of the same species and value at the Contractor’s expense.

All significant root pruning (3-inch diameter and larger) shall be performed under the direct supervision of an ISA Certified Arborist in the Contractor’s employ.

All trees noted on the drawings for tree pruning shall have crown reduction and crown thinning performed in accordance with standards published by the Western Chapter of the International Society of Arboriculture (ISA). All pruning shall be performed by ISA certified tree workers under direct supervision of an ISA certified arborist. The Contractor shall furnish such credentials to the Engineer prior to commencement of any tree work.
300-1.4 Payment.

DELETE in its entirety and SUBSTITUTE with the following:

Payment for clearing and grubbing shall be considered as included in other items of work and shall include full compensation for furnishing all labor, materials, tools, transportation, tree trimming, root pruning, vegetation, debris disposal and other equipment and incidentals to perform the work.
300-2 UNCLASSIFIED EXCAVATION
300-2.1 General.

DELETE in its entirety and SUBSTITUTE with the following:

Unclassified. Unclassified excavation shall consist of all excavation, Item #10. Page 121
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including roadways, all types of bituminous pavement, and concrete pavement, curb, walk, gutters, cross gutters, driveways, and access ramps, unless separately designated.
300-2.7 Selected Material.

DELETE in its entirety and SUBSTITUTE with the following:

Selected materials encountered in the excavations within the project limits that meet the specifications for base material, trench bedding or backfill, topsoil, or other specified materials shall be used as shown on the Plans, in the Specifications, or as directed by the Engineer. Topsoil excavated may be considered only for the purpose of backfilling areas to be planted. 300-2.9 Payment.

Add the following:

Payment for unclassified excavation performed as part of the work for “remove and construct” bid items shall be paid for as part of the work for that item, and no additional compensation will be allowed.

SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT OF

BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.3 Relative Compaction.

DELETE the 1st paragraph and SUBSTITUTE with the following:

When pavement is to be placed directly on subgrade material, the top 6 inches (150 mm) of subgrade material shall be compacted to a relative compaction of 95 percent. When base or subbase material, curb, gutter alley pavement, driveways, or sidewalk are to be placed on the subgrade material, the top 6 inches (150 mm) of such subgrade material shall be compacted to a relative compaction of 90 percent.

SECTION 302 - ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General.

Add the following:

Cracks, joints, and holes to be filled shall be cleaned after cold milling.

AC for AC pavement repairs and for PCC pavement repairs shall be placed the same day as removals are performed.

Item #10. Page 122
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Add the following subsection:
302-5.1.1 Preparation Crack Treatment
A singular crack shall be considered to be a crack on the perimeter of an otherwise uncracked asphalt pavement area, a pavement block, exceeding 4 feet in minimum dimension. Such pavement area is defined by the cracks forming its perimeter. If asphalt concrete pavement is being constructed directly upon an existing asphalt concrete pavement: 1) Contractor shall spray all weeds in cracks with an approved herbicide, such as brand Roundup, a minimum of 1 week prior to paving. All weeds shall be resprayed if rain occurs within 48 hours after application; 2) all holes and cracks exceeding 1.5 inches deep by 5 inches wide by 7 inches long in all 3 dimensions shall be cleaned, tacked and filled with temporary 3/8” (cutback) asphalt concrete compacted level with the top of the existing pavement; 3) all cracks and holes with weeds shall be routed clear to a depth of one-inch; 4) All cracks and joints 1/4 inch or greater in width shall be blown clear with high pressure air; and 5) all singular cracks and joints shall be filled with SS1h or equal. Crack and joint filling shall utilize a banding type applicator (Crack banding machine or equivalent) or a “shoe” attachment on a wand, capable of spreading a band 2 to 3 inches wide over the crack, while at the same time striking off the crackfiller at a uniform thickness between 3/32 and 5/32-inch. Thickness shall not exceed 5/32- inch, but if so, crackfiller shall be reheated and replaned to the specified thickness by a method approved by the Engineer.

Engineer shall be notified in writing 24 to 48 hours prior to performing crack filling.
302-5.4 Tack Coat.

DELETE in its entirety and SUBSTITUTE with the following:

Asphalt tack coat material shall be Thermoplastic Polymer Modified HPS No Track Tack (No Track Tack), or an approved equal.

This item shall consist of full coverage of No Track Tack to be applied as tack coat between all contact surfaces for overlay and patch repairs. The Material is to be applied at 325 to 425 degrees F with a distributor truck at typical application rates of 0.08 to 0.15 gal/square yard. The exact application rate will be determined by surface conditions at time of application.

The Thermoplastic Polymer Modified HPS No Track Tack shall meet the following criteria:

Item #10. Page 123
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Test Method Typical Properties Specification
Digested whole tire rubber 2 1-3
Softening Point Degree F D36 165 160 Min
Penetration @ 77 Deg. F
100g, 5 sec, Dmm
D-5 16 10 Min
Brookfield Viscosity @ 275
Deg. F cPs*
D4402 975 3000 Max
Brookfield Viscosity @ 350
Deg. F cPs*
D4402 185 300 Max
*BKF LV II, spdl #21 @ 20 RPM
The tack coat shall be applied to the existing pavement on the areas to receive the ARHM or AC, or slurry where specified. The Engineer shall approve the exact rate and number of applications. Two heavy coats of SS 1h shall be applied to vertical joints for patching. All contact surfaces with new asphalt shall be painted tack coat immediately before the asphalt concrete is placed.

The tack coat shall be applied as specified in Subsection 302-5.4 of the Standard specifications and these special Provisions. Thermoplastic Polymer Modified No Track Tack shall be applied only when the existing surface is dry and the atmospheric temperature is 50 deg. F and rising. NO material shall be applied when rain is imminent.

The Thermoplastic Polymer Modified No Track Tack shall be heated slowly to 325-425 degrees F. At no time shall the product be heated above 450 degrees F. The product shall be applied through a distributor truck equipped with a heating unit and shall maintain tack coat at or above 325 degrees F. It shall be equipped with a full circulating spreader bar and pumping system capable of applying the Thermoplastic Polymer Modified No Track Tack material within + 0.01 gallons per square yard tolerance of specified application rate and give uniform covering of the surface to be treated. The distributor shall also include a tachometer, pressure gauge, and volume measuring device and thermometer. The application rates shall be 0.15 gallons per square yard for all ARHM or AC overlay and slurry seal (where specified) or as otherwise directed by the Engineer. If the pavement temperature reaches over 130 degrees F, the application rate will be reduced to minimum 0.08 gallons per square yard on overlay applications.

Paving asphalt shall not be applied until the preparation of the existing surface has been completed and thoroughly cleaned, and then only so far in advance of placing the asphalt concrete overlay as permitted by the Engineer. The No Track Tack shall not be left exposed overnight.

Existing concrete curb faces and all concrete not to be overlaid shall be protected against disfigurement from the asphalt tack coat. Residue of the material shall be Item #10. Page 124
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removed from concrete surfaces to return the concrete to its original condition unless otherwise directed by the Engineer.

Excessive tracking of tack coat onto adjacent pavements will require immediate clean-up. If significant amounts of asphalt tack coat are tracked onto existing adjacent pavements, the contractor shall be required to clean it off to the satisfaction of the City Engineer or provide a slurry seal to restore the pavement at their own expense. This shall apply to the entirety of asphalt haul routes to and from the project sites.

On all vertical joins of AC patching, apply SS-1H tack coat uniformly in two coats of .20 gallons per square yard each with full "break" in between, or .20 gallons per square yard of HPS No Track Tack uniformly in one coat. Tack coat shall not be applied when the temperature of the surface to be tacked is below 40o F in the shade. A tack coat shall be applied at the following:

1. Pavement joins;

2. Areas where new pavement meets existing pavements;

3. Areas where lift sections from pavement placed on different days meet;

4. Trenches;

5. Areas where existing striping has been sandblasted; and

6. Raised valves and manhole covers.
302-5.5 Distribution and Spreading.

Add the following:

Contractor shall provide 20-foot long automatic screed control on both sides of the paving machine for all paving with paving machine, as directed by Engineer.

The asphalt concrete as delivered shall be deposited directly into the hopper of the spreading and finishing machine. Truck transfer and bottom-dump trucks are not allowed.

Each paving machine used will require a paving foreman for each machine along with a full set of rollers as specified and two rakers and one shoveler laborer at a minimum.
302-5.6 Rolling.
302-5.6.1 General
Add the following:

Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint.

Item #10. Page 125
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Rubber tire rollers shall be used on any leveling course.

Three rollers shall be provided for installation of AC greater than 200 tons per hour, regardless of thickness.
302-5.7 Joints.

Add the following:

Join lines between successive runs shall be within 6 inches of lane lines or center of street or a minimum of 14 feet outside of the outer most lane line or center of street, or 5 to 6 feet from a lane line or center of street and within a lane. The joint pattern for all pavement layers shall be submitted in writing to the Engineer for review and approval 2 weeks in advance of the first lift of pavement to be placed.

No exceptions to the specified requirements for joints shall be anticipated, and the Engineer’s decision shall be final.
302-5.9 Measurement and Payment.

DELETE the 1st and 2nd paragraphs and SUBSTITUTE with the following:

Measurement and payment for Remove and Construct AC (B-PG 64-10) Pavement shall be at the contract price per TON (TN) and include full compensation for all labor, materials, tools, equipment, and incidentals required to remove existing AC pavement, AB, and subgrade and to construct AC pavement to the lines and grades shown on the plans. This bid item will include furnishing the material, placement, compaction, prime coat, tack coat, tree root trimming, and all other work required to result in an asphalt pavement meeting the requirements of the specifications.

Payment for Construct AC (B-PG 64-10) Overlay Base Course shall be paid at the contract price per Ton (TN) and shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, transportation, tack coat, and other incidentals for doing all work, complete, and in place, involved in constructing AC overlay base course and crack sealing as indicated in the contract documents and no additional compensation will be allowed therefor.

Payment for Remove and Construct Type D1-6 AC Dike per SPPWC Std Plan 120-3 shall be paid at the contract price per Linear Foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, disposing, slot pavement, tack coat, saw cutting and incidentals for the construction of AC Dike complete in place and no additional compensation will be made therefor.
302-9 ASPHALT-RUBBER HOT MIX (ARHM).

Item #10. Page 126
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302-9.1 General.

Add the following:

All PCC surfaces, to be crossed by trucks used to haul ARHM, that are within 500 feet of the work limits shall be covered with sand or other durable covering prior to applying tack coat.

Contractor shall have sufficient power brooms on site during all periods of distribution and spreading to provide for cleanup of haul routes and work areas.

Power broom shall provide miscellaneous cleanup of ARHM spills as directed by the Engineer.

Power brooms used ahead of paving operations after acceptance of cold milling shall only sweep areas that are accepted as completed for cold milling. Power brooms shall not be operated more than 80 percent full of sweepings. Power brooms that have swept areas not accepted as completed for cold milling shall not enter onto areas that are accepted as completed for cold milling. 302-9.3 Distribution and Spreading.

Add the following:

The temperature of ARHM shall be high enough upon delivery that pavement temperature after two passes with the breakdown roller exceeds 290 degrees Fahrenheit (143 degrees Celsius).

To avoid picking up loose rock in the overlay area, the tires of all trucks must be lightly oiled with linseed oil or soybean oil or approved equal. Diesel fuel will not be allowed on the project at all for oil down of any equipment.

Raking of ARHM shall be eliminated as much as possible. ARHM material shall not be cast across the mat under any circumstance. Raking shall be just enough to set up edges for uniform joins without casting material. Screed controls shall be the predominant means of controlling material at joins. In areas where paving machines cannot be used due to space constraints, material shall not be thrown by shovels. Material shall be removed directly from the paving machine hopper and shall be placed directly in its final location, to be distributed with minimal raking.

Material may be dumped directly from a truck, but further material distribution shall be by shovel directly to its final location with minimal raking. A small rubber tire tractor with a screed type attachment may be used to spread a pile dumped from a truck, but raking shall be minimized after spreading.

The paving machine screed shall not be pulled across an area already paved with ARHM, even adjacent to narrow areas to be paved. Such narrow areas shall have ARHM distributed by methods specified by shovel or rubber tire tractor, unless the adjacent area has hardened enough and will not be significantly marred by passing the screed over it. Even if hardened adequately, Contractor shall spread rock dust Item #10. Page 127
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by hand tools to avoid cohesion of the ARHM in the screed to the existing surface of such areas of freshly cured ARHM.

Contractor shall maintain a functioning infrared heat measurement device in close proximity to each paving machine at all times. The infrared device shall be correlated by thermometer to the actual mat temperature prior to use. The correlation difference shall be applied to all readings thereafter. Contractor shall provide a pavement temperature reading, with an infrared heat measurement instrument, when requested by the Engineer. Inaccessibility of a heat measurement shall be cause for termination of paving operations.

Transverse cold joints shall be provided such that longitudinal joints are not left exposed at the end of the workday.
302-9.4 Rolling.

Add the following:

Initial breakdown rolling shall be vibratory. Rolling in vibratory mode shall not be performed after ARHM material temperature falls below 290 degrees F (143 degrees C), due to disturbance of the bonds beginning to set up in the binder at lower temperatures.

An intermediate roller of the same or greater width than the breakdown roller shall be rolling directly behind the breakdown roller at all times, and paving shall cease if intermediate rolling is terminated for any reason. Additional intermediate rollers may be necessary depending on production rates.

Once a rolling pattern is elected by Contractor, the rolling pattern shall remain consistent, unless conditions change and/or a modified rolling pattern is needed to conform to specification.

All finish rolling shall be performed by a separate finish roller.

To ensure optimum quality control, the use of more than one paver will require notification 3 days in advance to the Engineer, and will generally require one foreman, one sweeper, and a full complement of rollers per Subsection 302-5 of the Standard Specifications and this Subsection 302-9.5 for each paving machine.

An extra breakdown roller shall be on site at all times, free of defects.

Add the following subsections:
302-9.4.1 Density and Smoothness. Density and smoothness shall conform to Subsection 302-5.6.2, except the second and third paragraph of Subsection 302-5.6.2 shall not apply to ARHM.

The compaction after rolling shall be 95 percent of density obtained with Item #10. Page 128
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the California Kneading Compactor, California Test 304 as modified and measured in conformance to this Subsection 302-9.4.1.

The field density of compacted ARHM shall be determined by:
1) A nuclear asphalt testing device, calibrated in conformance with California Test 375, except as modified in this Subsection 302-9.5.1, in the field designed to measure the density of pavement of the thickness being constructed; or
2) Core with density determined as follows:
a) Saw the ARHM lift of pavement from the top of the core approximately perpendicular to the axis of the core, just above any underlying pavement or as necessary to obtain a clean flat surface at the bottom of the sample.
b) Clean and dry the sample as described in ASTM 1188.
c) Perform California DOT Test 308 Method A step a.
d) Prior to proceeding to steps 308A b., 308A c., 308A d. and 308A e., place the core, top surface down, firmly into a flat pan of hot liquid paraffin approximately 1/4 inches deep. Allow the sample and paraffin to cool to firm solid state and remove the sample from the pan by cutting around the perimeter. Trim the edges of paraffin parallel to the side of the sample cylinder, and weigh the cylinder to obtain:

G = Mass in grams of level sealed paraffin-treated specimen in air. e) Perform 308A b., 308A c., and 308A d on the sample from D) above. f) Complete the remainder of Test 308A, except replace the formula in 308A e. with the following:

Bulk Specific
Gravity =
A
(D – E) – (D – G) / F
In case of dispute, 1) shall be used, except Contractor may elect to use 2), but all costs for such procedures shall be borne by the Contractor to provide the full set of coring, tests and documentation in conformance with the Standard Specifications, except all test methods shall be modified as specified in these Special Provisions. Also, Contractor shall notify the Engineer at least 3 days in advance of coring operations, and immediately after core testing is complete Contractor shall deliver cores to the Agency for verification.

Item #10. Page 129
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Nuclear test procedures, including correlation with core densities, shall be in conformance with California Test 375, except as follows:

If a test section is placed and compacted for that purpose, rolling shall be provided as follows: 1) 2 passes with a vibratory breakdown roller above 290 degrees F; and 2) 4 passes with a static roller above 200 degrees F.

Core locations for correlation with cores shall be selected based on appearance of relatively tight surface texture, and the test strip shall be selected on this basis. If a test location is determined to have a significantly open texture relative to other areas within the test strip, the location shall not be used. This selection criteria are not to be considered significant to the outcome of, but only as a guideline towards obtaining samples that are relatively well compacted to yield results with minimum standard deviation.

The locations shall be well clear of grade breaks and joints. One core centered on the gauge will be used instead of two at each location. Use method 2) in this Subsection 302-9.5.1 to determine density of cores.

Surface voids shall not be filled with sand.

Contractor will be notified in writing at least 5 days in advance of such correlation testing and will be invited to have a nuclear gauge onsite to correlate a second gauge. If not independently calibrating at that time, Contractor shall bear the full expense of performing correlation for his nuclear gauge under the specified procedures, but shall notify the City 5 days in advance of such correlation testing, such that the City can correlate with the Contractor’s gauge, if Contractor disagrees with City’s test results.

TABLE 302-9.4.1A

REDUCED COMPENSATION FACTORS
Relative
Compaction
(Percent)
Reduced
Compensation
Factor
Relative
Compaction
(Percent)
Reduced
Compensation
Factor

95.0 0.000 93.4 0.062

94.9 0.002 93.3 0.068

94.8 0.004 93.2 0.075

94.7 0.006 93.1 0.082

94.6 0.009 93.0 0.090

94.5 0.012 92.9 0.098

94.4 0.015 92.8 0.108

94.3 0.018 92.7 0.118

94.2 0.022 92.6 0.129

94.1 0.026 92.5 0.142

94.0 0.030 92.4 0.157

93.9 0.034 92.3 0.175

93.8 0.039 92.2 0.196

93.7 0.044 92.1 0.225

93.6 0.050 92.0 0.300

93.5 0.056
Item #10. Page 130
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302-9.4.2 Compaction Payment Reductions.

Based on laboratory tests on AC pavements revealing a highly significant loss of life span for each 1 percent reduction of compaction, and the well known catastrophic effect of oxidation and stripping of asphalt products due to interconnected voids that develop below 95 percent compaction, and the extreme expense of removing and replacing pavement not compacted to the specified minimum, a nominal deduction of payment will be applied for under-compacted ARHM pavement. The bidder in submitting a bid fully accepts the provisions in this Subsection 302-9.4.2 and agrees that the nominal payment deduction is acceptable and reasonable for these purposes.

Payment reductions will be applied to ARHM compacted less than 95 percent of maximum density, the specified minimum, and greater than 91.9 percent of the maximum density based on nuclear testing with Part 3 Test Site Selection of California Test 375 modified as follows:

A lot will be one day’s production or other lesser area of paving as determined by the Agency to be deficient in terms of compaction, and a pull will be the width between joints or edge of pavement as the lot is placed.

Test site selection will conform to California Test 375 Part 3, except the number of tests shall be the area of the lot in square feet divided by 400 and any test site within .5m of a grade break or pavement joint shall be relocated laterally towards the center of the pull to .5m from such joint or grade break.

The mathematical mean average of percent of maximum density represented by all these tests shall be calculated, except any test results outside of this mean plus two standard deviations based on all tests, shall be rejected. The mean average shall be calculated directly from the remaining values. A compensation reduction in conformance with Table 302-9.4.1A will be applied to the contract unit price for ARHM for material within any lot determined to be below minimum relative compaction, except any lot with tests indicating compaction 91.9 percent or less shall be removed and replaced at Contractor’s expense.
302-9.7 Rock Dust Blotter.

Add the following:

Lack of uniformity of application of rock dust shall be cause to terminate paving operations. Rock dust blotter shall not be applied until intermediate rolling is complete, except as approved by the Engineer based on a fine uniform layer of rock dust, or at major intersections and access points.

Item #10. Page 131
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302-9.9 Payment.

DELETE the 1st paragraph and SUBSTITUTE with the following:

Payment for Construct Asphalt Rubber Hot Mix (GG-C-PG 64-16) Overlay shall be paid at the contract price per Ton (TN) and shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, transportation, tack coat, and other incidentals for doing all work, complete, and in place, involved in constructing ARHM overlay and crack sealing as indicated in the contract documents and no additional compensation will be allowed therefor.

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-1 CONCRETE STRUCTURES
303-1.12 Payment.

Add the following:

Payment for Remove and Construct Reinforced Concrete Retaining Wall per SPPWC 610-3 shall be at the contract bid unit price per Linear Foot (LF) and shall include all costs for furnishing and constructing concrete retaining wall, including footings, potholing, soil excavation and disposal, compaction, surveying, backfill, reinforcement, and all incidental work thereto. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY

INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS
Add the following:

Concrete areas behind sidewalks, driveways and right-of-way shall be considered as walks. The Contractor shall protect all new concrete installations from damage by others (subcontractors or the general public such as, blemishes, water stains, stress cracks, graffiti markings, etc.). The removal and replacement of damaged concrete work shall be performed and no additional cost to the Agency (City).

Concrete sidewalk shall be a minimum 4” thick over native soil compacted to a minimum of 95% relative compaction per the Standard Plans for Public Works Construction 112-2 and 113-2.

Actual limit of concrete removal shall extend to nearest score mark or joint, if nearest score mark or joint is within 3’ limit of removal. Residual from any sawcutting shall be removed by vacuum. The downstream drain inlet shall be protected. In no case shall the residual be allowed to enter the storm drain system.

Sawcutting shall be accomplished by the use of a power driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall Item #10. Page 132
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be maintained until new concrete sidewalk is constructed. The exact location of sidewalk removal shall be approved by the City Engineer in the field. Generally, sawcuts shall be on existing joints or score mark.

All necessary sawcutting of existing concrete sidewalks shall be to the lines as required by the City Engineer. Sawcutting shall be included in the unit price and no further compensation shall be made.

It is Contractor’s responsibility to protect all existing adjacent features such as landscaping, irrigation system, property’s fence/wall/gates, curb and gutter, pull boxes, utility boxes, and etc. in place per subsection 400-1 All damages to these items shall be fixed to the satisfaction of City Engineer without any additional compensation.

Concrete sidewalk shall be constructed to the line, grades and designs shown on the plans or as ordered by the City Engineer. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

Unless otherwise specified, soil in subgrade for curb and gutter shall be compacted to a relative compaction of ninety-five (95) percent in the top six (6) inches of subgrade.

In areas where new concrete, curbs, and gutters are adjacent to asphalt paving, a two-foot wide strip of new paving (slot paving) will be required. In areas where new curb ramps are adjacent to asphalt paving the new paving (slot paving) shall comply with accessibility requirements. Existing base material will be compacted to 95% compaction or better. The new pavement shall be 6-inch thickness full depth asphalt concrete paving. Where new asphalt concrete is being placed against asphalt concrete or Portland Cement Concrete, tack coat shall be applied to vertical edges.

Where new curbs are constructed the area at back of curb shall be filled, graded to drain, and improvements replaced in-kind to match the existing adjacent improvements.

Detectable warning surface (truncated domes) for curb ramps shall be Surface Applied per Safety Step TD Detectable Warning System or approved equal, unless otherwise noted. Color shall be dark yellow or City select.

Payment of detectable warning surface shall be included in the unit price bid for removal and construction of new curb ramps per SPPWC Standard Plan No. 111-

5. 303-5.9 Measurement and Payment
Item #10. Page 133
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DELETE in its entirety and SUBSTITUTE with the following:

Payment for Remove and Construct 4-inch Thick PCC Sidewalk Per SPPWC Std Plan 113-2 shall be paid at the contract price per Square Foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, disposing, saw cutting and incidentals for the construction of sidewalk complete in place and no additional compensation will be made therefor.

Payment for Remove and Construct Type A2-6 Curb and Gutter per SPPWC Std Plan 120-2 shall be paid at the contract price per Linear Foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, disposing, slot pavement, tack coat, saw cutting and incidentals for the construction of curb and gutter complete in place and no additional compensation will be made therefor.

Payment for Remove and Construct Curb Ramp per SPPWC Std Plan 111-5 Case and Type, per Plan shall be paid at the contract price per Each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, disposing, slot pavement, tack coat, saw cutting and incidentals for the construction of curb ramp complete in place and no additional compensation will be made therefor.

Payment for Remove and Construct Modified Residential Driveway Per SPPWC Std Plan 110-2 shall be paid at the contract price per Square Foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, disposing, slot pavement, tack coat, saw cutting and incidentals for the construction of driveway complete in place and no additional compensation will be made therefor.

Payment for Remove and Construct Longitudinal Gutter per SPPWC Std Plan 122-2 shall be paid at the contract price per Square Foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, disposing, slot pavement, tack coat, saw cutting and incidentals for the construction of longitudinal gutter complete in place and no additional compensation will be made therefor.

Payment for Remove and Construct Curb and Gutter To Longitudinal Gutter Per Detail shall be paid at the contract price per Linear Foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, disposing, slot pavement, tack coat, saw cutting and incidentals for the construction of curb and gutter to longitudinal gutter connection complete in place and no additional compensation will be made therefor.

SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION
306-1 General.

Item #10. Page 134
Meeting Date: 3/14/2023 / Packet Page #: 283
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SPECIAL PROVISIONS

SECTION VIII

Add the following:

End Seals for steel pipe encasement shall be Butadiene Rubber Sheet.

Spacers for steel pipe encasement shall non-metallic and placed 5’ O.C.

Payment for end seals and spacers shall be included with the price for steel pipe encasement, and no additional compensation will be made therefor.

Add the following Subsection:
306-1.1 Abandonment or Removal of Conduits and Structures When in the course of the work it is necessary to remove any interfering existing facilities (sewer pipelines, water mains, etc.) they shall be removed in their entirety and disposed of in accordance with the waste materials classification within which they are categorized. When such removal of existing facilities results in voids and/or disruption of the supporting subgrade upon which the new constructed materials are to be placed, suitable material shall be placed and compacted to a relative compaction of 90 percent. 306-3 TRENCH EXCAVATION
306-3.1 General.

Add the following:

All tunneling shall be backfilled with 1-1/2 sack slurry.

Excavations for appurtenant structures, such as but not limited to manholes, transition structures, junction structures, vaults, valve boxes, catch basins, thrust blocks, and boring pits shall, for the purpose of shoring and bracing, be deemed to be in the category of trench excavation.

Excavation shall include the removal of all excess excavated materials and all water and materials of any nature, which interfere with the construction work.

When the actual elevation or position of any existing pipe, conduit, or other underground appurtenances cannot be determined without excavation, the Contractor shall excavate and expose (pothole) the existing improvement at the location shown on the Plans. If the Engineer deems it necessary, other locations as specified within the project limits shall also be excavated and exposed. Such excavation shall be performed as a separate independent operation prior to start of any of the construction for the project and considered as part of the excavation necessary for the work. All cost of mobilization for potholing as such a separate operation shall be included in the prices bid for pipe construction.

The Engineer shall be given the opportunity to inspect the existing improvement Item #10. Page 135
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when it is exposed. Any adjustments in line or grade which may be necessary to accomplish the intent of the Plans shall be made. Mobilization for the remainder of project construction shall be performed only after Engineer provides necessary design adjustments.

Removal and replacement of curb or curb and gutter shall be minimum 8 feet in length and shall span to any existing crack or joint within 8 feet of the minimum length span. If joins between existing and replaced spans are made with a dowel epoxied in place or with an epoxy joint, then the existing adjacent minimum length to crack or joint may be reduced to 3 feet.
306-3.5 Maximum Length of Open Trench.

In the 1st paragraph, DELETE the 1st sentence and SUBSTITUTE with the following:

Except by permission of the Engineer, the maximum length of open trench where prefabricated pipe is to be placed shall be the distance necessary to accommodate the amount of pipe installed in a single day. This distance shall be defined as the total length at any location of open trench excavation, pipe laying and appurtenant construction, and backfill over which temporary resurfacing has not been placed. 306-6 BEDDING
306-6.1 General.

DELETE the 6thparagraph and SUBSTITUTE with the following:

The trench bottom shall be graded to provide a smooth, straight, firm and stable alignment upon which the specified bedding material can be placed to form a firm foundation at every point throughout the length of the pipe, excepting the sockets, collars or joints. At each joint in the pipe, the bedding shall be recessed in such manner as to relieve the socket, or coupling from all loads and to ensure continuous bearing along the pipe barrel. The recess shall be large enough to allow joining of the pipe without foreign material entering the pipe. If any trench, through the neglect of the Contractor, is excavated below the grade required by the Plans, Standard Specifications, and/or these Special Provisions, it shall be refilled to grade with additional bedding. The excess excavation and the additional bedding shall be at no expense to the Agency.

Any additional bedding shall be in accordance with Section 217 of the Standard Specifications and these specifications.
306-8 PREFABRICATED PRESSURE PIPE
306-8.1 General
Add the following:

Item #10. Page 136
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SECTION VIII

Any adjustments in line or grade, which will be necessary to accomplish the intent for the Plans, shall be made. In the event obstructions are encountered during the progress of the work, which requires deviation from the line and grade shown on the Plans, the Engineer shall have the authority to change the Plans and order the necessary deviation from the line or grade. Contractor shall not make any deviation from the specified line or grade without approval by the Engineer.

All surface or groundwater shall be prevented from entering the pipe and shall be removed from the trench in an approved manner.
306-8.3 Steel Pipe.
306-8.3.3 Acceptance
Add the following:

A. Except as modified herein, all materials used in the manufacture of the pipe shall be tested in accordance with the requirements of AWWA C200 and C205, as applicable.

1. Shop Testing of Steel Pipe
a. After the joint configuration is completed and prior to lining with cement-mortar, each length of pipe of each diameter and pressure class shall be shop-tested and certified to a pressure of at least 80 percent of the yield strength of the pipe steel.
b. Production weld tests shall be conducted in compliance with AWWA C200. In addition to the frequency of tests required in AWWA C200, weld tests shall be conducted on each 2,000 feet of production welds and at any other times there is a change in the welding procedure or welding equipment.

2. Shop Testing of Steel Plate Special
a. Upon completion of welding, but before lining and coating, each special shall be bulkheaded and tested under a hydro-static pressure of not less than 1-1/2 times the design pressure; provided, that if straight pipe used in fabricating the specials has been previously tested and meets the requirements of the applicable piping Section, no further hydrostatic testing will be required; or provided, that all other welded seams are tested by the liquid penetrant inspection procedure conforming to ASTM E165, under Method “B” and “Leakage Testing” or where
applicable by the soap and compressed air method at an air pressure of 25 psi. Any pin holes or porous welds which may be revealed by the test shall be chipped out and rewelded and the special retested.
b. No outside coating shall be applied over a seam prior to testing; however, mortar lining may be applied over a seam prior to Item #10. Page 137
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hydrostatic testing, but under such conditions said pressure test shall be held on the pipe or fitting for a period of not less than 30 minutes.

B. The Contractor shall perform said material tests at no additional cost to the Owner. The Engineer shall have the right to witness all testing conducted by the Contractor; provided, that the Contractor’s schedule is not delayed for the convenience of the Engineer.

C. In addition to those tests specifically required, the Engineer may request additional samples of any material including mixed concrete and lining and coating samples for testing by the Engineer. The additional samples shall be furnished at no additional cost to the Engineer.

D. All expenses incurred in making samples for certification of tests shall be borne by the Contractor.
306-13 TRENCH RESURFACING
306-13 TRENCH RESURFACING.

Add the following:

Bituminus pavement and other surface improvements removed in connection with construction shall be removed in accordance with Subsecton 300-2 of the Standard Specifications and these Special Provisions and reconstructed in accordance with Section 302 or Subsection 303-5 of the Standard Specifications. 306-13.1 Temporary Resurfacing.

Add the following:

Payment for all temporary resurfacing placed and maintained until the permanent resurfacing is placed, will be considered to be included within the bid item for which excavation was performed.
306-13.2 Permanent Resurfacing.

Add the following:

Payment for all permanent resurfacing will be considered to be included within the bid item for which pavement removal and excavation was performed. 306-15 PAYMENT
306-15.1 General
Item #10. Page 138
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SECTION VIII

DELETE in its entirety and SUBSTITUTE with the following:

Payment for furnish and Install Pipe (Size and Materials per Bid Schedule and Plan) will be made at the Contract Unit Price per linear foot (LF). The Contract Unit Price shall include payment for;
a) furnishing and installing all wyes, tees, bends, utility crossings, monolithic catch basin connections, thrust restraints, and specials shown on the Plans; b) removal of interfering portions of existing pipelines, sewers, storm drains, and improvements.
c) closing or removing of abandoned conduit and structures; d) trench excavation;
e) control of surface waters;
f) preparation of subgrade;
g) placing and joining pipe, including within steel encasement; h) erection and removal of forms;
i) reinforcing steel;
j) pressure testing;
k) video inspection;
l) disinfection sample collection and delivery;
m) backfilling the trench;
n) permanent resurfacing; and
o) Polyethylene wrap as noted on the plans.
p) all other work (including temporary resurfacing) necessary to install the pipe or conduit, complete-in-place.

Payment for furnish and Install 18-Inch Steel Pipe (10 Gauge Minimum) Encasement will be made at the Contract Unit Price per linear foot (LF and shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, transportation, welding, end seals, spacers, placing and joining pipe, thrust restraints, restrained joints, pressure testing, wyes, tees, bends, utility crossings and other incidentals for doing all work, complete, and in place, involved in installing the steel pipe and no additional compensation will be made therefor.

Payment for furnish and Install 12-Inch Steel Pipe (10 Gauge Minimum) with Welded Joints [Including Cement-Mortar Coating and Cement-Mortar Lining] will be made at the Contract Unit Price per linear foot (LF) and shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, transportation, welding, placing and joining pipe, thrust restraints, restrained joints, Cement-Mortar Coating and Cement-Mortar Lining, pressure testing, wyes, tees, Item #10. Page 139
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bends, utility crossings and other incidentals for doing all work, complete, and in place, involved in installing the steel pipe per plans, specifications and these special provisions, and no additional compensation will be made therefor.

No separate or additional payment will be made for additional bedding or a higher strength of pipe necessitated by the Contractor exceeding the maximum trench width.
306-15.2 Shoring and Bracing
DELETE in its entirety and SUBSTITUTE with the following:

Payment for all shoring and bracing shall include furnishing, placing, maintaining the shoring and bracing until the trench is prepared to be filled, will be considered to be included within the bid item for which the excavation was performed, and no additional compensation shall be allowed therefor.
306-15.4 Valves, Buried Structures, and Pipeline Appurtenances.

DELETE in its entirety and SUBSTITUTE with the following:

Payment for Construct Valve Box Assembly Type III Per City of Glendora Std Plan 2.19 (Size per Plan and Bid Schedule) will be made at the Contract Unit Price for each (EA) valve assembly of the size, class, and type shown on the Plans. The Contract Unit Price shall include excavation, valve, actuator, thrust restraint, valve supports, gaskets and fasteners, valve cans, risers, extensions, and lids, backfill, testing, disinfection, restoration of the street surface, and all other work, including temporary resurfacing, necessary to construct the valve complete in-place.

For air valve assemblies, the Contract Unit Price shall also include payment for concrete pads, enclosures, laterals, risers, and isolation valves shown on the Plans or specified in the Special Provisions.
306-15.6 Hydrants
DELETE in its entirety and SUBSTITUTE with the following:

Payment for Construct Fire Hydrant Assembly Type I Per City of Glendora Std Plan 2.09 will be made at the Contract Unit Price for Each (EA). The Contract Unit Price shall include excavation, the hydrant, hydrant lateral, hydrant shutoff valve and actuator, thrust restraint, gaskets and fasteners, valve cans, risers, extensions, and lid, backfill, testing, disinfection, restoration of the street surface, and all other work, including temporary resurfacing, necessary to construct the hydrant assembly complete in-place.

Item #10. Page 140
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SECTION VIII

306-15.8 Pipeline Appurtenances:

DELETE the 3rd and 4th paragraphs and SUBSTITUTE with the following:

Payment for furnish and Install Service Assembly Per City Of Glendora SD&S (Size per plan and Bid schedule) will be made at the Contract Unit Price for Each (EA), including service tap, corporation stop, lateral, riser, angle meter valve, service saddle, meter installation, meter box or vault, meter box lid, and all other service material shown on the Plans or specified in the Special Provisions.

Payment for Remove Existing Water Meter Box and Install City-supplied Water Meter and Rotated Box, Tie in to Existing Customer Lateral Per City of Glendora SD&S No. 2.39. Tie in Piping Shall Be 1" Minimum Adjust io Customer Lateral Size and Type at Tie in (Long side and short side) will be paid at the contract price of Each (EA). The Contract Unit Price shall include payment for the installation of city provided meter and any appurtenant couplings, connection to existing service beyond r/w, rotation of box, pipes, trenching, boring, temporary surfacing, permanent surfacing, meter boxes or vaults, or meter box lid and no additional compensation will be made therefor
Add the Following:

Payment for Hot Tap Existing Water Line shall be paid at the contract price per Each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, gate valve, and incidentals for hot tapping existing water line and no additional compensation will be made therefor. 306-15.9 Temporary Resurfacing.

DELETE in its entirety and SUBSTITUTE with the following:

Payment for all temporary resurfacing shall include furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials until the permanent resurfacing is placed, will be considered to be included within the bid item for which the temporary resurfacing was performed, and no additional compensation shall be allowed therefor.

SECTION 309 – MONUMENTS
309-2 Materials
DELETE the 2nd paragraph in its entirety.
309-4 – Payment
DELETE in its entirety and SUBSTITUTE with the following:

The cost for restoration of monuments shall be as specified in 400-3.

Item #10. Page 141
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SPECIAL PROVISIONS

SECTION VIII

PART 4 – EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-1 GENERAL
Add the following to the end of the 1st paragraph:

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid Proposal.

In the 2nd paragraph, DELETE the 1st sentence and with the following:

The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the Project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, signal loops, fences, walls, sprinkler systems, signs, Utility installations, pavements, structures, etc.) which are damaged or removed as a result of the Contractor’s or the Subcontractors’ operations or as required by the Plans and Specifications.

DELETE the 3rd paragraph in its entirety and SUBSTITUTE with the following:

Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall conform to 701-2. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements.

DELETE the 4th paragraph in its entirety and SUBSTITUTE with the following:

Protection of Existing Trees. All trees to remain in place within the limits of work shall be protected from damage by workmen, equipment, and operations. Insofar as prosecution of the work allows, following removal of surrounding pavements, etc., the root area beneath the tree drip line shall be protected from damage, including compaction.

Protection shall include temporary fencing, barricades, etc. Warning tape will not be considered sufficient.

Lawn. The Contractor shall resod in accordance with 801-4.8.3 areas where turf is removed for construction. Thickness and type of sod shall match removed lawn.

Private Sprinklers and Improvements. The Contractor shall coordinate work with adjacent property owners. The Contractor shall test and document the condition of existing improvements before beginning required removals or excavation. The Contractor shall restore private improvements to documented conditions after completing adjacent work. 400-2 PERMANENT SURVEY MARKERS
DELETE the 2nd paragraph in its entirety and SUBSTITUTE with the following:

The Contractor shall submit to the Engineer a minimum of seven (7) days prior to the start of Work a list of controlling survey monuments which may be disturbed. The Contractor Item #10. Page 142
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SECTION VIII

shall bear the expense of replacing any survey monuments that may be disturbed without permission. Payment of preservation and replacement of survey monuments shall be made per Subsections 3-10 Surveying, 309-4 Payment and 400-3 Payment. Replacement shall be done only under the direction of the Engineer by Registered (licensed) Licensed Land Surveyor of a Registered Civil engineer authorized to practice land surveying within the state. The Contractor will hire a licensed Engineer to:
a) Set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed,
Monuments that are known to be impacted are listed below. Contractor is responsible to restore all impacted monuments, regardless of inclusion in this list. i. Amelia Ave North of Curtis Court
ii. Amelia Ave South of Saratoga Lane
iii. Amelia Ave South of Country Club Dr
iv. Amelia Ave at Country Club Dr
v. Country Club Dr at Country Club Vista St.
vi. Country Club Dr at E. Wildwood Ranch
vii. Country Club Dr East of E. Wildwood Ranch
viii. Lone Hill Dr at Morgan Creek
ix. 2 Monuments on Lone Hill Dr North of Morgan Creek
b) File a Corner Record or Record Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and
c) File a Corner Record or Record Survey with the County Surveyor after reestablishment of the disturbed controlling survey monuments. 400-3 PAYMENT
Replace the last sentence of the first paragraph with the following:

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

The paid per each (EA) for “Re-establish Survey Monument Including Tie-out” shall include full compensation for furnishing all labor, materials, tools, traffic control, equipment and incidentals required to complete the work and no additional payment will be allowed therefor.

SECTION 401 – REMOVAL
401-1 GENERAL
Add the following to the end of the 1st paragraph:

Tree Removal.

All trees to be removed are considered to the property of the Contractor. Trees to be Item #10. Page 143
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SECTION VIII

destroyed shall be recycled as green waste.
401-7 PAYMENT
Add the following to the end of the 1st paragraph:

Payment for Remove Tree shall be paid at the contract price per Each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for the removal of existing tree including stump grinding, backfill, disposal, hauling, recycling, and incidentals complete in place and no additional compensation will be made therefor.
401-2 ASPHALT CONCRETE PAVEMENT
Add the following:

Bituminous pavement shall be removed to neatly sawed edges. Saw cuts shall be to a minimum depth of 3 inches. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be approved by the Engineer, and a minimum laying depth of 1 inch of new pavement material shall be provided at the join line. Where bituminous pavement adjoins a trench, the edges adjacent to the trench shall be saw cut to neat straight lines before resurfacing to ensure that all areas to be resurfaced are accessible to the rollers used to compact the subgrade or paving materials.

Bituminous pavement on curb and gutter, sidewalk or drive approaches shall be removed by heating with a torch to soften the pavement without creating smoke. Softening shall be performed until the bituminous material can be easily scraped away down to the underlying PCC surface. The blade used for scraping shall be maintained straight along its edge and clean. Bituminous material shall be scraped in this manner until it is completely removed.
401-3 CONCRETE AND MASONRY IMPROVEMENTS.
401-3.1 Concrete Pavement
DELETE in its entirety and SUBSTITUTE with the following:

Concrete pavement shall be removed to neatly sawed edges. Saw cuts shall be made to a minimum depth of 3 inches. If a saw cut in concrete pavement falls within 3 feet of a construction joint, cold joint, expansion joint or edge, the concrete shall be removed to the joint or edge. The edges of existing concrete pavement adjacent to trenches, where damaged subsequent to saw cutting of the pavement, shall again be saw cut to neat straight lines for the purpose of removing the damaged pavement areas.
401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveway, and Alley Intersections.

DELETE in its entirety and SUBSTITUTE with the following:

Item #10. Page 144
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SECTION VIII

Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1½-inches. Concrete sidewalk, or driveway to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section to be replaced shall be smaller than 30 inches in either length or width. If the saw cut in sidewalk, access ramp, or driveway would fall within 30 inches of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within 12 inches of a score mark, the saw cut shall be made in and along the score mark. Curb and gutter shall be sawed to a depth of 1½-inches on a neat line at right angles to the curb face.

All new concrete shall be placed within 3-working days after removal of existing concrete. Excavations shall not be left open over weekends or holidays.

SECTION 402 – UTILITIES
402-1 LOCATION
Add the following:

The location and existence of any underground Utility or substructure has not been obtained. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility.

Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form.

The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site.

The following form is required for every Dig Alert Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the City upon request:
402-3 Removal
Add the following:

Payment for Remove Existing Water Valve shall be paid for at the contract unit price per Each (EA) and shall include full compensation for, but not limited to, furnishing all labor, materials, equipment, tools, and incidentals required to complete all work in place, including excavation and backfill, and no additional compensation will be allowed therefor.

Payment for Remove Existing Fire Hydrant Assembly shall be paid for at the contract unit price per Each (EA) and shall include full compensation for, but not limited to, furnishing all labor, materials, equipment, tools, and Item #10. Page 145
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SECTION VIII

incidentals required to complete all work in place, including excavation and backfill, and no additional compensation will be allowed therefor.

Payment for Remove Existing Pole shall be paid for at the contract unit price per Each (EA) and shall include full compensation for, but not limited to, furnishing all labor, materials, equipment, tools, and incidentals required to complete all work in place, including footing, excavation, and backfill, and no additional compensation will be allowed therefor.

Payment for Remove Existing Hand Rail shall be paid for at the contract unit price per Each (EA) and shall include full compensation for, but not limited to, furnishing all labor, materials, equipment, tools, and incidentals required to complete all work in place, including footing, excavation, and backfill, and no additional compensation will be allowed therefor. 402-4 RELOCATION
Add the following:
402-4.1 Measurement and Payment
Payment for Relocate Existing Mailbox shall be paid at the contract price per Each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, coordination with the postal service, temporary mailbox, equipment, hauling, and incidentals for the relocation of mailbox complete in place and no additional compensation will be made therefor
SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION
403-1 GENERAL
Add the following:
403-1.1 Adjustment of Los Angeles County Flood Control District Manhole Frame and Cover Sets to Grade.

Adjustments to grade of Los Angeles County Flood Control District Manhole Frame and Cover sets do not require a District permit. However, the Contractor shall notify the Inspection Department at (818) 458-3129, 24 hours in advance of any work in the area of the manhole.
403-1.2 Adjustment of Los Angeles County Sanitation District Manhole Frame and Cover Sets to Grade.

Los Angeles County Sanitation District manhole frames and covers shall be set to finish grade as follows:

1. Contractor shall notify the District’s Superintendent of Maintenance, (310) 638- 1161 or (310) 774-7272, 48 hours prior to commencement of any work in the Item #10. Page 146
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area of the manhole.

2. If grade over manhole is to be lowered:
a. Contractor shall furnish and deliver a temporary steel cover plate of thickness and size approved by the District for said manhole. b. Contractor shall excavate around the manholes to a depth and distance outside of the manhole as required by the District for said manhole. c. District shall remove the existing manhole frame and cover, and any interfering portion of the manhole shaft, and shall place the steel cover plate over the manhole.
d. Contractor shall store and protect frame and cover for later installation by the District and shall fill and/or pave over the steel plate to final grade.
e. Contractor shall remove paving and/or fill as necessary to permit the District to raise manhole to final grade. (Removal of paving and/or fill shall be to a minimum of 2 inches outside of the manhole if the steel plate is less than 6 inches below final grade and 12 inches outside of the manhole if the steel plate is more than 6 inches below final grade.) f. District personnel shall raise manhole and set frame and cover to grade.
g. Contractor shall place and compact the backfill and pavement as necessary to complete the work.

3. If grade over manhole is to be raised:
a. Contractor shall fill and/or pave directly over frame and cover to final grade.
b. Steps (e) through (g) of 2 above shall be followed, except that if grade is to be raised more than 2 feet, the Contractor shall excavate around the manhole shaft under step (2) to a depth and diameter as necessary, for the District to remove and reconstruct manhole shaft with required taper and as specified by the District.
403-1.3 Adjustment of Water Valve Box Frame and Cover.

Water valve box frame and cover within the area to be paved or graded shall be set to finish grade by the Contractor as required by the Plans and Specifications.

In the case of Portland Cement Concrete, water valve box frame and cover shall be set to finish grade by the Contractor before paving. 403-3 MANHOLES IN ASPHALT CONCRETE PAVEMENT
Item #10. Page 147
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SECTION VIII

Add the following:

Pavement patch material around all frame and covers shall conform to the finish pavement layer specifications; PG 64-10 Class C/D and/or ARHM GG-C/D. 403-5 PAYMENT
Replace section 403-5 with the following:

Payment for Adjust Manhole Frame to Grade shall be paid at the contract price per Each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for adjusting manhole frame to grade and no additional compensation will be made therefor.

Payment for Adjust Water Valve to Grade shall be paid at the contract price per Each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for adjusting water valves to grade and no additional compensation will be made therefor.

SECTION 404 – COLD MILLING
404-2 MILLING MACHINES
Add the following:

The straight edge grade along the edge of the cold plane area shall not deviate more than ¼-inch below nor 1/8-inch above the grade specified in the Plans or Specifications.
404-7 WORK SITE MAINTENANCE
Add the following:

Cold milling will not be considered complete until all loosened material is removed from the project site. Paving shall not commence until the day after cold milling is complete.

Cold milled streets shall be approved by the Engineer as completed for cold milling prior to paving. Sweepers used for cold mill sweeping shall not enter on the streets approved as completed for cold milling.
404-12 PAYMENT
DELETE in its entirety and SUBSTUTUTE with the following:

Payment for Cold Mill Existing Asphalt Concrete Pavement 1.5-Inch Uniform Depth shall be paid at the contract price per square foot (SF) and include full Item #10. Page 148
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compensation and include but not be limited to furnishing all labor, materials, tools, equipment and incidentals including hauling and disposal required to cold mill existing asphalt concrete pavement and no additional compensation will be allowed therefor.

Payment for Cold Mill Existing Asphalt Concrete Pavement 3-Inch Uniform Depth shall be paid at the contract price per square foot (SF) and include full compensation and include but not be limited to furnishing all labor, materials, tools, equipment and incidentals including hauling and disposal required to cold mill existing asphalt concrete pavement and no additional compensation will be allowed therefor.

Payment for Cold Mill Existing Asphalt Concrete Pavement 3.5-Inch Uniform Depth shall be paid at the contract price per square foot (SF) and include full compensation and include but not be limited to furnishing all labor, materials, tools, equipment and incidentals including hauling and disposal required to cold mill existing asphalt concrete pavement and no additional compensation will be allowed therefor.

Payment for Cold Mill Existing Asphalt Concrete Pavement 4-Inch Uniform Depth shall be paid at the contract price per square foot (SF) and include full compensation and include but not be limited to furnishing all labor, materials, tools, equipment and incidentals including hauling and disposal required to cold mill existing asphalt concrete pavement and no additional compensation will be allowed therefor.

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SECTION VIII

PART 6 – TEMPORARY TRAFFIC CONTROL
SECTION 600 – ACCESS.
600-1 GENERAL
Add the following:

The Contractor shall maintain all travel lanes on the streets throughout the project free and clear of debris and construction equipment.

When entering or leaving roadways carrying traffic, the Contractor’s equipment, whether loaded or empty shall in all cases yield to public traffic. Haul trucks shall be covered with tarps and secured prior to entering the traffic lanes.

The Contractor shall include furnishing and placing temporary pavement and removal of temporary pavement to accommodate access of traffic from travel lanes in and out of private property, walks, and streets. The cost of furnishing and maintenance of these items during construction shall be included within the various bid items requiring such efforts and no additional compensation shall be allowed therefor.

SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES.
601-1 General.

Add the following:

Should the Contractor, in the opinion of the Engineer, fail to provide adequate work zone traffic control at any time during the course of the work, the City will have the necessary traffic control done either by City forces or by contract. The cost of such traffic control will be charged to the Contractor and the amount deducted from the contract. 601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP).
601-2.1 General.

Replace the first paragraph with the following:

The Contractor shall prepare and submit a TCP in accordance with 3-8.2 at least five (5) working days before closing or partially closing any street. 601-2.2 Payment
Replace with the following:

Payment for Traffic Control shall be paid at the contract price per Lump Sum (LS) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for the preparation and implementation of the traffic Item #10. Page 150
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control plans and no additional compensation will be made therefor. 601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES.
601-3.5 Signs and Signage.
601-3.5.1 General.

Replace the third paragraph with the following:

Temporary “No Parking” and “No Stopping” Signs shall be installed at least 48 hours before enforcement.
601-3.5.2 Payment.

Replace this subsection with the following:

Payment for signs and signage shall be included in the lump sum cost for Traffic Control and no additional compensation will be made therefor. 601-3.7 Traffic Sign Enhancement Devices.
601-3.7.9 Payment.

Replace this subsection with the following:

Payment for PCMS and flashing arrow signs shall be included in the lump sum cost for Traffic Control and no additional compensation will be made therefor.

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SPECIAL PROVISIONS

SECTION VIII

SPECIAL PROVISIONS

SIGNING, STRIPING, AND PAVEMENT MARKERS
All equipment, materials, and components for signing and striping, and the installation thereof, shall conform to the latest revised 2018 Caltrans Standard Plans, and Standard Specifications, Section 81, “Miscellaneous Traffic Control Devices,” Section 82 “Signs and Markers”, and Section 84, "Markings", unless otherwise noted in these Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520.

All materials required for the completion of work as shown on the Plans shall be provided by the Contractor.

SECTION 81 - MISCELLANEOUS TRAFFIC CONTROL DEVICES
81-3 PAVEMENT MARKERS
81-3.02 Materials.
81-3.02E Epoxy Adhesive. Adhesive for raised pavement markers shall be rapid set type epoxy.

Removal of pavement markers shall be per Section 81-8.03B, "Remove Pavement Markers," of the State Standard Specifications.
81-3.04 Payment. Payment for pavement markers shall be included in the lump-sum price bid for signing and striping, and no additional compensation will be allowed therefor.

SECTION 82 – SIGNS AND MARKERS
82-3 ROADSIDE SIGNS
82-3.03 Construction. Relocated signs shall be installed using existing posts at new locations and shall be set at a minimum 30-inch depth and at a minimum 12-inch square portland cement concrete (PCC). The post depth of the concrete footing shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk.

New signs shall be installed using metal posts set at a minimum of 30-inch depth in a minimum 12-inch square PCC, except as specified otherwise, the metal post shall be 2½- inch inside diameter. The length of the metal post shall be sufficient to extend from the top of the sign to 30-inches below the top of the concrete footing and provide a 7-foot clearance between the finished grade and the bottom of the sign. The depth of the Item #10. Page 152
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concrete footings shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk.

Drill holes for bolts, threaded rods, or expansion anchorage devices drilled in existing concrete by a method that will not shatter the concrete adjacent to the holes.

Repair any spalling or chipping of concrete structures at contractor’s expense.

Marker and delineators shall conform to the provision in Section 81, "Miscellaneous Traffic Control Devices."
82-3.04 Payment. Payment for signing shall be included in the lump sum price bid for signing and striping, and no additional compensation will be allowed therefor.

SECTION 84 - MARKINGS
84-2 TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-2.02 Materials.
84-2.02A General. Traffic stripes, pavement markings, crosswalks, and arrow markings shall be thermoplastic. Curb markings shall be paint, two (2) coats.

Contractor shall repaint all curb markings within the project limits. Paint shall be ready-mixed rapid dry type. Contractor shall scrape off all spalled and chipped curb markings prior to be repainting.
84-2.02C Paint. Traffic striping shall be paint including bike pavement legends.

Paint shall be ready-mixed rapid dry type.

Bike Pavement legends with green background shall be Ennis-Flint by PPG PreMark, Preformed Thermoplastic.

Ready-mixed paints shall be suitable for use on either asphalt concrete or Portland cement concrete.
84-2.02E Thermoplastic Traffic Stripes and Pavement Markings shall be thermoplastic including glass beads for striping, crosswalks and pavement legends.
84-2.03 Construction.
84-2.03A General. The Contractor shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.

The Contractor shall establish all traffic striping between these points by stringline or other method to provide striping that will vary less than ½-inch in 50-feet from the specified alignment.

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When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application. Traffic lines may be spotted by using a rope as a guide for marking spots every 5-feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer.

The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway, or detour before opening it to traffic.

The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint.

Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and markings shall be removed prior to painting new stripes and markings, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays.

The installation of traffic stripes includes placement of raised pavement markers when called for on the plans.

Adhesive for raised pavement markers shall be per Section 81, “Pavement Markers.”
Existing traffic stripes (including raised pavement markers), pavement legends, and markings that do not conform to the plans shall be removed by grinding method per Section 81-8.03B, “Remove Pavement Markers,” and Section 84-

9.03B, "Remove Traffic Stripes and Pavement Markings" of the State Standard Specifications.
84-2.03C Application of Stripes and Markings.
84-2.03C(3) Painted Traffic Stripes and Pavement Markings. Paint shall be applied in two coats.

The second coat of paint shall be applied no less than 24 hours from application of the first coat.

Each coat of paint shall include glass beads.
84-2.04 Payment. Payment for striping details, pavement markings, and curb markings shall be included in the lump sum price bid for signing and striping, and no additional compensation will be allowed.

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SPECIAL CONDITIONS

SECTION VIII

SPECIAL PROVISIONS

ELECTRICAL WORK AND SYSTEMS
All equipment, materials, and components for traffic signal loop replacement shall conform to the 2018 Caltrans Standard Plans and Revised Standard Specifications, Section 86, "Electrical Work" and Section 87 “Electrical Systems” unless otherwise noted in these Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from the Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520.

All materials required for the completion of work as shown on the Plans shall be provided by the Contractor.

SECTION 86 – GENERAL
86-1.01 General.
86-1.01C Submittals. The schedule of values (cost breakdown) shall be submitted to the Engineer in conjunction with equipment list and drawings.

Equipment List and Drawings shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Contract Approval.

Materials lists, manufacturer's data, brochures, technical data, etc., shall be labeled and identified, and shall be submitted in bound booklet form.

The Contractor shall retain one copy of all approved material lists and samples at the job site, readily accessible for inspection by the Engineer. Said materials lists and samples shall be the basis for approval or rejection of work.

The Contractor shall guarantee the entire work constructed under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall make, at the Contractor’s expense, any repairs or replacements made necessary by defects in workmanship or materials that becomes evident within 1 year after acceptance of work by the Agency and to restore to full compliance with the requirements of these Specifications, any part of the work which during the 1-year period is found to be deficient with respect to any provision of the Plans and Specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost.

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SPECIAL CONDITIONS

SECTION VIII

Whenever any work or equipment is to be guaranteed or maintained by a manufacturer, supplier, or subcontractor, said obligation shall be that of the Contractor.

All guarantees shall be in writing and delivered to the Engineer by the Contractor prior to final acceptance of the work.
86-1.01D Quality Assurance.
86-1.01D(3) Department Acceptance. Materials and equipment furnished by the Contractor shall be tested at an independent testing facility designated by the City. Cost for testing and delivery to and from the test site shall be considered as included in the lump-sum price bid for traffic signal installation/modification, and no additional compensation will be allowed.
86-1.02 Materials.
86-1.02F Conductors and Cables.
86-1.02F(2) Conductors.
86-1.02F(2)(c) Copper Conductors.
86-1.02F(2)(c)(i) General. Circuit conductors shall be THW PVC type.

SECTION 87 – ELECTRICAL SYSTEMS
87-1 GENERAL
87-1.03 Construction.
87-1.03A General.

No work shall commence and no material or equipment shall be stored at the jobsite until such time that the Contractor notifies the Engineer in writing of the date that all electrical materials and equipment are to be received. Upon receipt of said notification by the Engineer, the Contractor may commence work within 5-working days prior to said delivery date.

Where the Contractor-installed facilities are damaged prior to final acceptance by the Engineer, the Contractor shall repair or replace such facilities at his own expense.

The job site shall be maintained in a neat and orderly condition at all times and areas of sidewalk removal to be left open for less than 5 days shall be covered with plywood sheeting and barricades. Areas to be left open more than 5 days Item #10. Page 156
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SPECIAL CONDITIONS

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shall be patched with temporary AC pavement, smoothed to provide a level finished walking surface.
87-1.03F Conductors and Cable Installations.
87-1.03F(2) Cables.
87-1.03F(2)(c) Copper Cables.
87-1.02F(2)(c)(ii) Detector Lead-in Cables. Loop detector lead-in cable shall be Type B.
87-1.03F(3) Conductors.
87-1.03F(3)(c) Copper Conductors.
87-1.03F(3)(c)(ii) Inductive Loop Conductors. Loop wire shall be Type 2.
87-1.03H Conductor and Cables Splices.
87-1.03H(2) Splice Insulation Methods. Splices shall be Type C insulated by Method B, as shown on State Standard Plan ES-13A, except detector conductor (video, loop, et cetera) splices shall be Type S or T insulated by Method B, as shown on Standard Plan ES-13A, and shall also be soldered. 87-1.03L Utility Service. Electrical service equipment installation and conduit run details shall be as specified by the serving utility company, and written proof of their approval by the utility shall be submitted to the Engineer prior to installation.

The Contractor shall be responsible for all service details, expenses, and scheduling far in advance of need. The Contractor shall pay all service connection fees.
87-1.03V Detectors.
87-1.03V(1) General. Vehicle detectors shall be of the inductive loop, Type E.

Detector loop locations shall be approved by Engineer in the field prior to installation.

PVC conduit per Standard Plan ES-5D, Curb Termination Detail, Type B, shall be installed wherever a loop-wire saw cut crosses an expansion joint or pavement type change.

The sides of the loop saw cut slots shall be vertical and the minimum radius of the slot entering and leaving the circular part of the loop shall be 1½- inches. Slot width shall be a maximum of ¾-inch.

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SPECIAL CONDITIONS

SECTION VIII

Slots of circular loops shall be filled with elastometric sealant.

Loops shall be installed on the same day in which the loop slots are cut.

This shall include placement of the loop conductors and sealant.

PAYMENT
Payment for inductive loops and the installation thereof shall be included in the lump-sum price bid for each inductive loop as shown on the Plans, and no additional compensation will be allowed therefor.

Item #10. Page 158
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Revised 10/2019
NPDES Requirements

SECTION IX

NPDES REQUIREMENTS
Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista, Plan Nos. 1341-1346
The City of Glendora complies with and enforces all Los Angeles County Construction Activity BMP's for storm water pollution prevention relating to public agency activities. The Contractor shall refer to the California Storm Water Best Management Practice Handbooks, and the Los Angeles County Department of Public Works Best Management Practices Handbook for Construction Activities. Please note the included BMP’s and address how they relate to these construction activities. The following is a brief list of BMP's from the Construction Handbook:

SE-7 Street Sweeping and Vacuuming
SE-8 Sandbag Barrier
NS-3 Paving and Grinding Operations
NS-8 Vehicle and Equipment Cleaning
NS-12 Concrete Curing
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Soil Waste Management
WM-8 Concrete Waste Management
WM-9 Sanitary/Septic Waste Management

PLEASE NOTE THAT THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATION WITH ATHENS DISPOSAL (626) 336-6100 REGARDING THE SCHEDULING OF TRASH PICK-UP AND RESTRICTIONS OF THOSE VEHICLES.

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Vicinity Map

SECTION X
The Attached Vicinity Map is included for bidding purpose.

The precise extent of work will be marked on the site before construction starts.

Item #10. Page 160
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RECYCLING FORMS

SECTION XII
Applicable STANDARD DRAWINGS are available at the City’s website at http://www.cityofglendora.org/departments-services/public-works/standard-designs-and-specifications.

The Bidder / Contractor
shall refer to any and all Standard Drawings
referenced on the Plan or in these Specifications.

The Bidder / Contractor is responsible
for obtaining all Standard Drawings
referenced on the Plan and in these
Specifications.

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RECYCLING FORMS

SECTION XII

RECYCLING FORMS
Item #10. Page 198
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I
□

STATE OF CALIFORNIA
Department of Resources Recycling and Recovery (CalRecycle) CALRECYCLE 739-TRP (8/13)
Grantee Name
Grant Number:

Rubberized Pavement Certification
The Rubberized Pavement Certification form must be submitted with the payment request form(s). By signing this form, the signator certifies, under penalty of perjury, that the information provided below by the rubberized pavement (RP) manufacturer, binder supplier or contractor is true and accurate.

Grantee: Request completion of this form by each RP manufacturer, binder supplier or contractor. Review form for completeness and submit form to CalRecycle with payment request form(s). Retain supporting documentation that only California-generated waste tires were used for this grant project.

RP manufacturer, binder supplier or contractor: See instructions on the next page, complete and submit form to Grantee.

RP MANUFACTURER, BINDER SUPPLIER OR CONTRACTOR NAME:

CONTACT NAME:

ADDRESS:

EMAIL:

PHONE: FAX:

WEBSITE:

SUPPORTING DOCUMENTATION REQUIREMENT

CERTIFICATE OF ORIGIN OR ACCEPTABLE SUPPORTING DOCUMENTATION ATTACHED (SEE FOOTNOTES ON NEXT PAGE) Product Description
Choose either Crumb Rubber or
Crumb Rubber Modifier
Manufacturer Name Quantity
(lbs.)
/
(divided)
Passenger Tire
Equivalent (PTE) =
Number of PTE’s
Diverted
Crumb Rubber E X A M P L E 25,000 / 12 lbs/tire = 2,083 / =
/ =
TOTAL:

The Product Provider agrees to be bound by the Audit/Records Access requirements of the above-referenced Grant. See next page for additional detail.

I certify under penalty of perjury that the material provided to the above-named grantee was manufactured from only California-generated waste tires. I understand that if it cannot be verified that the source of the material is from only California-generated waste tires, or an audit discloses the use of nonCalifornia tire rubber, that the CalRecycle may deny reimbursement or require the grantee to return all grant funds previously paid under this grant, and that the grantee may seek reimbursement from the above-named RP manufacturer, binder supplier or contractor.

Signature of Authorized Signer for RP manufacturer, binder supplier or contractor Print Name Title Date 1 Item #10. Page 199
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INSTRUCTIONS:

Grantee to provide:

1. Grantee Name: Complete full legal name as it appears on the Rubberized Pavement Grant Program Grant Agreement Cover Sheet.

2. Grant Number: Enter assigned grant number.

RAC manufacturer, binder supplier or contractor to provide:

1. Contact information: Provide your business’ contact information in this section.

2. Supporting documentation requirement: Provide the Grantee with copies of supporting documentation that validates only California-generated waste tires were used for this grant project and that the waste tires were processed in California. Acceptable forms of supporting documentation include:

Certificate of Origin (if completed by a California Processor) or a Bill of Lading and Manifest documentation for non-California processors.

3. Number of tires diverted: Provide the total number of tires diverted in Passenger Tire Equivalents for this project. Include both the number of pounds of crumb rubber and the calculated number of Passenger Tire Equivalent (PTEs): Use 12 pounds of crumb rubber per PTE.

4. Signature of RAC manufacturer, binder supplier or contractor: This form must be signed by an authorized signer from the RAC manufacturer, binder supplier, or contractor. Provide the completed form, with supporting documentation, to the Grantee.

AUDIT/RECORDS ACCESS:

The Product Provider agrees that CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to this Certification or the products certified herein. The Product Provider agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Product Provider agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Product Provider agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to this Certification or the products certified herein. 2 Item #10. Page 200
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STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle)

RELIABLE CONTRACTOR DECLARATION
CalRecycle 168 (Revised 9/16)
This form must be completed and submitted to the Department of Resources Recycling and Recovery (CalRecycle) prior to authorizing a contractor(s) to commence work. Failure to provide this documentation in a timely manner may result in nonpayment of funds to the contractor(s).

This form is intended to help the CalRecycle’s Grantees comply with the Reliable Contractor Declaration (formerly Unreliable List) requirement of their Terms and Conditions.

The Reliable Contractor Declaration (formerly Unreliable List) provision requires the following:

Prior to authorizing a contractor(s) to commence work under the Grant, the Grantee shall submit to CalRecycle a declaration signed under penalty of perjury by the contractor(s) stating that within the preceding three (3) years, none of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor(s). Please see the reverse of this page, or refer to the California Code of Regulations (www.calregs.com).

If any of the events listed in Section 17050 have occurred, disclosure is required but will not necessarily result in CalRecycle refusing to approve the contractor. A signed statement explaining the facts and circumstances of the events must be attached to and submitted with this form.

Contractor: Complete the form and send original to the Grantee.

Grantee: Scan the form and upload it to the grant in CalRecycle’s Grant Management System. For further instruction about logging into the Grant Management System and uploading this form, reference the Procedures and Requirements. Retain the original form in your grant file.

GRANTEE INFORMATION
GRANTEE NAME: GRANT NUMBER:

PRIMARY CONTACT NAME:

CONTRACTOR INFORMATION
CONTRACTOR NAME:

AUTHORIZED CONTRACTOR REPRESENTATIVE NAME:

MAILING ADDRESS:

As the authorized representative of the above identified contractor, I declare under penalty of perjury under the laws of the State of California that within the preceding three (3) years, none of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the above identified contractor.

Alternatively, as the authorized representative of the above identified contractor, I declare under penalty of perjury under the laws of the State of California that within the preceding three (3) years, if any of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the above identified contractor, I have disclosed all such occurrences in an attached signed statement that explains the facts and circumstances of the listed events.

Signature Date
Item #10. Page 201
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STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle)

RELIABLE CONTRACTOR DECLARATION
CalRecycle 168 (Revised 9/16)
Title 14 CCR, Division 7, Chapter 1
Article 5. Unreliable Contractors, Subcontractors, Borrowers and Grantees Section 17050. Grounds for Placement on Unreliable List The following are grounds for a finding that a contractor, any subcontractor that provides services for a CalRecycle agreement, grantee or borrower is unreliable and should be placed on the CalRecycle Unreliable Contractor, Subcontractor, Grantee or Borrower List ("Unreliable List"). The presence of one of these grounds shall not automatically result in placement on the Unreliable List. A finding must be made by the Executive Director in accordance with section 17054, and there must be a final decision on any appeal that may be filed in accordance with section 17055 et seq. (a) Disallowance of any and/or all claim(s) to CalRecycle due to fraudulent claims or reporting; or (b) The filing of a civil action by the Attorney General for a violation of the False Claims Act, Government Code section 12650 et. seq; or
(c) Default on a CalRecycle loan, as evidenced by written notice from CalRecycle staff provided to the borrower of the default; or
(d) Foreclosure upon real property loan collateral or repossession of personal property loan collateral by CalRecycle; or
(e) Filing voluntary or involuntary bankruptcy, where there is a finding based on substantial evidence, that the bankruptcy interfered with the CalRecycle contract, subcontract, grant or loan; or (f) Breach of the terms and conditions of a previous CalRecycle contract, any subcontract for a CalRecycle agreement, grant, or loan, resulting in termination of the CalRecycle contract, subcontract, grant or loan by the CalRecycle or prime contractor; or
(g) Placement on the CalRecycle’s chronic violator inventory established pursuant to Public Resources Code section 44104 for any owner or operator of a solid waste facility; or (h) The person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee of an entity has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance under any CalRecycle contract, subcontract, grant or loan; or (i) The person or entity is on the list of unreliable persons or entities, or similar list, of any other federal or California state agency; or
(j) The person or entity has violated an Order issued in accordance with section 18304; or, (k) The person or entity has directed or transported to, has or accepted waste tires at, a site where the operator is required to have but does not have a waste tire facility permit; or, (l) The person or entity has transported waste tires without a waste tire hauler registration; or, (m) The person or entity has had a solid waste facility or waste tire permit or a waste tire hauler registration denied, suspended or revoked; or,
(n) The person or entity has abandoned a site or taken a similar action which resulted in corrective action or the expenditure of funds by CalRecycle to remediate, clean, or abate a nuisance at the site; or (o) The following are additional grounds for a finding that, a person or entity described below should be placed on the Unreliable List:
(1) The person or entity owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List;
(2) The person held the position of officer director, manager, partner, trustee, or any other management position with significant control (Principal Manager) in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; (3) The entity includes a Principal Manager who:

1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; or,

2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List;
(4) The entity has a person who owns 20% or more of the entity, if that person:

1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; or,

2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List.
(5) The entity has another entity which owns 20% or more of the entity, if that other entity:

1. Is on the Unreliable List; or,

2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List.
(6) Subsection (o) is not intended to apply to a person or entity that purchases or otherwise obtains an entity on the Unreliable List subsequent to its placement on the Unreliable List.

Item #10. Page 202
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Revised 10/2022
INDEX

ALPHABETICAL INDEX
Title Section Subsection
A
Acceptance of Work VI 3-13
Agreement V
Assignment V 4.5
Attorney's Fees V 7.9
Authority of the Engineer VI 3-4
Award of Contract II 10.

B
Bid III 2.

Bid Bond IV
Bidders Security I
Bidders Security II 7.2
Bid Form II 6.1
Bid Proposal III
Bids to Remain Open II 9.

Bonds I
Bonds II 11.1
C
Certificate of Compliance with Certain Regulations VI 3-13 City Consent to Subcontractor VI 1-6
City's Right to Award Other Contracts VI 2-4
City's Right to Terminate V 7.7
Compaction Tests VIII 211
Contract Documents and Site, Examinations of II 4.

Contract Sum V 2.1
Copies of Contract Documents II 2.

Correction of Work Before Acceptance VI 3-13
Cutting and Patching VI 2-4
D
Deductions for Uncorrected Work VI 9.03
Defined, Terms II 1.

Definitions VI 1-2
Delay to Contractor, Payment for VI 6-4
Delivery of Agreement II 11.

Designations of Subcontractors III 6.

Disputes Pertaining to Payment for Work VI 7.04
Drawings, Interpretations VI 3-4
Dust Control VI 3-12
Item #10. Page 203
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Revised 10/2022
INDEX
Title Section Subsection
E
Entire Agreement V
Escrow Agreement for Security Deposits in Lieu of Retention VII Examinations of Contract Documents and Site II 4.

F
Faithful Performance Bond V 5.5
Final Cleaning Up VI 3-13
G
General Authority (of City Engineer) VI 3-4
General Provisions VI
H
Hydrant Meters (under Water Supply) VI 2-5
I
Indemnification V 5.3
Independent Contractor V 4.4
Inspections, Test and VI 3-5, 4-3
Instructions to Bidders II
Insurance V 5.

Interpretation II 5.

Interpretation of Drawings and Specifications VI 3-4
J
Job Guidelines VIII
L
Labor and Materials Bond V 5.6
Layout and Field Engineering VI 3-10
Legal Requirements V 7.10
Liens VI 4-1
Liquidated Damages VI 6-9
M
Miscellaneous Provisions V 9.

N
Non-Collusion Affidavit III
Notice V 9.1
Notice Inviting Bids I
NPDES Requirements IX
O
Or-Equal VI 4-6
Title Section Subsection
Item #10. Page 204
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INDEX
P
Payments V 2.

Payment for Delays to Contractor VI 6-4
Payment for Work, Disputes pertaining to VI 7.04
Performance of Work V 1.

Prevailing Wages I
Prevailing Wages V 7.10
Prevailing Wages (under Certificate of Compliance) VI 3-13.2.3(a) Progress Payments to Contractor V 2.3
VI 7-3
Proposal III
Q
Qualifications of Bidder II 3.

R
Removal and Disposal of Structures and Obstructions VIII 401 Retention (under Liquidated Damages) VI 6-9
Retention V 7.3
VII (3)
Rights of the City to Increase Working Days VI 6-4
Recycled Materials Certificate VI 3-8
S
Samples VI 4-4
Schedule V 3.

Signatures II 12.

Site, Examination of Contract Documents and II 4.

Soils Investigation Report VI 3-9
Special Conditions VIII
Standard Drawings XII
Subcontracting VI 3-3
Subcontractors Bound By Contract VI 3-3
Subcontractors, Designation (under Terms defined) VI 1-2 Submission of Bid II 7.

Substitution of Securities VI 7-3
Surveys VI 3-10
T
Terminate, City's Right to V 7.7
Terms Defined II 1.

Terms Defined VI 1-2
Tests and Inspection VI 3-5, 4-3
Time for Commencement and Completion II 13.

Traffic Requirements VIII 601
Item #10. Page 205
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INDEX
Title Section Subsection
U
Unit Price List III
Utilities VI 2-5
V
Vicinity Map……………………………………………………………………….. X
W
Waiver V 7.4
Warranty VI 3-13
Water Supply VI 2-5
Withdrawal of Bids II 8.

Work by Others VI 2-4
Worker's Compensation Insurance V 5.1(b)
Working Days, Rights of the City to Increase VI 6-4
Item #10. Page 206
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RGS City Engineer RCE 51197 Date Approved By: 12 File No.: Sheet of Date: Scale: Checked By: Drawn By:

Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 BID SET October 19, 2022 5:32 PM FW 10/11/2022 VICINITY MAP NO SCALE Project Area WHERE FIELD CONDITIONS NECESSITATE, A DEVIATION FROM OR MODIFICATION TO THE APPROVED PLAN, THE CONTRACTOR SHALL STOP ALL WORK RELATED TO OR AFFECTED BY SAID FIELD CONDITIONS. THE PROJECT ENGINEER SHALL SUBMIT DESIGN REVISIONS TO THE CITY ENGINEER FOR REVIEW AND OBTAIN APPROVAL PRIOR TO RESUMING CONSTRUCTION. ALLOWED WITHOUT PRIOR APPROVAL OF THE CITY ENGINEER NO FIELD CHANGES CONTRACTOR NOTICE: STANDARD NOTES FOR WATER CONSTRUCTION 1. ALL APPLICABLE "CITY OF GLENDORA STANDARD DESIGNS & SPECIFICATIONS", LATEST REVISIONS, ARE HEREBY MADE A PART OF THIS PLAN AND ALL WATER MAINS, APPURTENANCES AND INSTALLATIONS SHALL BE IN ACCORDANCE WITH SAME. 2. THE "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION", LATEST EDITION, IS HEREBY MADE A PART OF THIS PLAN. 3. THE CONTRACTOR SHALL LOCATE ALL UTILITIES AND MONUMENTS OF EVERY NATURE, WHETHER SHOWN HEREON OR NOT, AND PROTECT THEM FROM DAMAGE. THE CONTRACTOR SHALL BEAR THE TOTAL EXPENSE OF REPAIR OR REPLACEMENT OF UTILITIES AND MONUMENTS DAMAGED OR DESTROYED. 4. THE CONTRACTOR SHALL WARRANTY ALL WORK FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF FINAL ACCEPTANCE BY THE CITY AND SHALL BE RESPONSIBLE FOR THE REPAIR AND/OR REPLACEMENT OF ALL FAILURES DETERMINED BY THE CITY ENGINEER TO BE CAUSED BY WORKMANSHIP OR SUBSTANDARD MATERIALS. 5. 24 HOUR NOTIFICATION IS REQUIRED FOR ALL PUBLIC WORKS INSPECTIONS. CONTACT THE CITY OF GLENDORA PUBLIC WORKS DEPARTMENT, MONDAY THROUGH THURSDAY (EXCLUDING HOLIDAYS), 8:00 A.M. TO 5:00 P.M., AT (626) 914-8246. 6. THE CONTRACTOR SHALL OBTAIN ALL REQUIRED PERMITS FROM THE CITY OF GLENDORA PUBLIC WORKS DEPARTMENT AND AFFECTED AGENCIES PRIOR TO COMMENCEMENT OF CONSTRUCTION. 7. THE CONTRACTOR SHALL MAKE APPLICATION TO THE CITY OF GLENDORA AND OBTAIN A HYDRANT METER PRIOR TO COMMENCEMENT OF CONSTRUCTION. 8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING WITH THE WATER MANAGER, THE INSTALLATION OF ALL WATER MAINS, APPURTENANCES, TIE-INS, SHUT DOWNS, TESTING AND WORK REQUIRED. 9. THE CONTRACTOR SHALL AT ALL TIMES MAINTAIN PROPER BARRICADING, DUST CONTROL, TRAFFIC CONTROL, SHORING AND SAFETY MEASURES OF EVERY NATURE. 10. ALL REQUIRED TESTING (CHLORINATION, BACTERIOLOGICAL, HYDROSTATIC PRESSURE AND LEAKAGE) SHALL BE COMPLETED PRIOR TO PLACEMENT OF WATER MAIN OR APPURTENANCE IN SERVICE AND SHALL BE PERFORMED UNDER THE SUPERVISION OF THE CITY ENGINEER. 11. ANY CHANGE FROM THE PLAN, STANDARD NOTES, STANDARD DESIGNS OR SPECIFICATIONS SHALL BE CONSIDERED NON-CONFORMING UNLESS APPROVED IN WRITING BY THE CITY ENGINEER PRIOR TO INSTALLATION. 12. ALL WATER MAINS AND APPURTENANCES SHALL BE INSTALLED AFTER COMPLETION OF CURB, GUTTER AND ROUGH STREET GRADE, UNLESS SPECIFIED ON PLAN. 13. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO OBTAIN AND HAVE AVAILABLE ALL MATERIALS AND EQUIPMENT REQUIRED FOR THE INSTALLATION OF WATER MAINS AND APPURTENANCES REQUIRED TO COMPLETE WORK SHOWN HEREON PRIOR TO COMMENCEMENT OF CONSTRUCTION. 14. WATER MAINS, SERVICES AND APPURTENANCES SHALL NOT BE BACK FILLED PRIOR TO INSPECTION, FIELD MEASUREMENTS AND TESTING BY THE CITY ENGINEER. CENTER LOADING PRIOR TO HYDROSTATIC TESTING IS ALLOWABLE AFTER INSPECTION AND FIELD MEASUREMENT ARE COMPLETED. 15. INSTALLATIONS NOT CONFORMING TO THE "CITY OF GLENDORA STANDARD DESIGNS & SPECIFICATIONS" SHALL BE REMOVED, REPLACED AND/OR CORRECTED AT THE CONTRACTOR'S EXPENSE, AS DIRECTED BY THE CITY ENGINEER. 16. PIPELINE DISINFECTING SHALL BE IN ACCORDANCE WITH THE "CITY OF GLENDORA STANDARD DESIGNS & SPECIFICATIONS" AND MEET OR EXCEED THE "AMERICAN WATER WORKS ASSOCIATION STANDARD FOR DISINFECTING WATER MAINS (ANSI/AWWA C651-92)". STANDARD NOTES FOR STREET CONSTRUCTION 1. ALL APPLICABLE "CITY OF GLENDORA STANDARD DESIGNS & SPECIFICATIONS", LATEST REVISIONS, ARE HEREBY MADE A PART OF THIS PLAN AND ALL STREET IMPROVEMENTS SHALL BE IN ACCORDANCE WITH SAME. 2. THE "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION", LATEST EDITION, IS HEREBY MADE A PART OF THIS PLAN. 3. ASPHALT CONCRETE PAVING SHALL BE LAID IN COURSES NOT TO EXCEED 4 INCHES IN THICKNESS, THE BASE COURSE USING 3/4 INCH MAXIMUM SIZE AGGREGATE AND THE SURFACE COURSE USING 1/2 INCH MAXIMUM SIZE AGGREGATE, UNLESS NOTED. 4. THE CONTRACTOR SHALL LOCATE ALL UTILITIES AND MONUMENTS OF EVERY NATURE, WHETHER SHOWN HERON OR NOT, AND PROTECT THEM FROM DAMAGE. THE CONTRACTOR SHALL BEAR THE TOTAL EXPENSE OF REPAIR OR REPLACEMENT OF UTILITIES AND MONUMENTS DAMAGED OR DESTROYED. 5. ALL CONCRETE SHALL BE CLASS 520-C-2500 (5-1/2 SACK MIX) AND SHALL BE CURED WITH TYPE 1 (CLEAR) CURING COMPOUND IMMEDIATELY AFTER FINISHING. 6. THE CONTRACTOR SHALL COORDINATE ALL SIGN INSTALLATIONS WITH THE CITY ENGINEER PRIOR TO SIDEWALK INSTALLATION. 7. AN APPROVED SOIL STERILANT SHALL BE UNIFORMLY APPLIED IN ALL AREAS TO BE PAVED UNDER THE DIRECTION OF THE CITY ENGINEER. 8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING MAILBOX BLOCK-OUT LOCATIONS WITH THE U.S. POSTAL SERVICE PRIOR TO SIDEWALK INSTALLATION. 9. THE CONTRACTOR SHALL WARRANTY ALL WORK FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF FINAL ACCEPTANCE BY THE CITY AND SHALL BE RESPONSIBLE FOR THE REPAIR AND OR REPLACEMENT OF ALL FAILURES DETERMINED BY THE CITY ENGINEER TO BE CAUSED BY WORKMANSHIP OR SUBSTANDARD MATERIALS. 10. THE CONTRACTOR SHALL AT ALL TIMES MAINTAIN PROPER BARRICADING, DUST CONTROL, TRAFFIC CONTROL, SHORING AND SAFETY MEASURES OF EVERY NATURE. 11. THE CONTRACTOR SHALL MAKE APPLICATION TO THE CITY OF GLENDORA AND OBTAIN A HYDRANT METER PRIOR TO COMMENCEMENT OF CONSTRUCTION. 12. THE CONTRACTOR SHALL OBTAIN ALL REQUIRED PERMITS FROM THE CITY OF GLENDORA PUBLIC WORKS DEPARTMENT AND AFFECTED AGENCIES PRIOR TO COMMENCEMENT OF CONSTRUCTION. 13. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING THE INSTALLATION OF WATER PIPELINES AND APPURTENANCES WITH THE WATER MANAGER. 14. 24 HOUR NOTIFICATION IS REQUIRED FOR ALL PUBLIC WORKS INSPECTIONS. CONTACT THE CITY OF GLENDORA PUBLIC WORKS DEPARTMENT, MONDAY THROUGH THURSDAY (EXCLUDING HOLIDAYS), 8:00 A.M. TO 5:00 P.M., AT (626) 914-8246. 15. THE CONTRACTOR SHALL SUBMIT A TRAFFIC CONTROL PLAN CONFORMING TO THE CITY OF GLENDORA TRAFFIC CONTROL REQUIREMENTS, S.D. & S. NO. 1.17. 16. ANY CHANGES FROM THE PLAN, STANDARD NOTES, STANDARD DESIGNS OR SPECIFICATIONS SHALL BE CONSIDERED NON-CONFORMING UNLESS APPROVED IN WRITING BY THE CITY ENGINEER PRIOR TO INSTALLATION. 17. INSTALLATIONS NOT CONFORMING TO THE "CITY OF GLENDORA STANDARD DESIGNS & SPECIFICATIONS" SHALL BE REMOVED, REPLACED AND OR CORRECTED AT THE CONTRACTOR'S EXPENSE, AS DIRECTED BY THE CITY ENGINEER. (626) 914-8246 (626) 914-8256 (626) 914-8216 (626) 914-8250 (626) 963-5719 (909) 592-3772 (626) 813-4512 (818) 701-2516 (626) 914-4382/252 (626) 963-1821 PUBLIC WORKS DEPARTMENT CITY OF GLENDORA WATER DIVISION ENGINEERING DIVISION - PROJECT COORDINATOR POLICE DEPARTMENT (24 HR. EMERGENCY) FIRE DEPARTMENT (CONSTRUCTION NOTIFICATION) SOUTHERN CALIFORNIA EDISON VERIZON SOUTHERN CALIFORNIA GAS CO. TIME WARNER CABLE CITY/AGENCY NOTIFICATION: CITY OF GLENDORA CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS PLAN NO. 1341, 1342, 1343, 1344, 1345 & 1346 SHEET INDEX: 1 TITLE SHEET 2 WATER DETAILS 3 STRIPING DETAILS 4 CURB RAMP DETAILS 5 TYPICAL SECTIONS AND ROADWAY DETAILS 6 WATER IMPROVEMENT PLAN ON LONE HILL AVENUE, CUMBERLAND RD AND PALOMAR DR FROM FOOTHILL BLVD TO STA 49+25, CUMBERLAND ROAD AND PALOMAR DRIVE 7 WATER IMPROVEMENT PLAN ON COUNTRY CLUB DRIVE AND COUNTRY CLUB VISTA ST FROM AMELIA AVE TO COUNTRY CLUB DR. STA 115+00 AND COUNTRY CLUB VISTA ST 8 ROADWAY IMPROVEMENT PLAN ON LONE HILL AVENUE FROM FOOTHILL BLVD TO NORTH END 9 ROADWAY IMPROVEMENT PLAN ON AMELIA AVENUE FROM ROUTE 66 TO STA 19+75 10 ROADWAY IMPROVEMENT PLAN ON AMELIA AVENUE FROM STA 19+75 TO COUNTRY CLUB DR 11 ROADWAY IMPROVEMENT PLAN ON COUNTRY CLUB DRIVE FROM AMELIA AVE TO STA 111+25 12 SIGNING, STRIPING AND LOOP REPLACEMENT PLAN ON AMELIA AVENUE FROM FOOTHILL BLVD TO COUNTRY CLUB DRIVE CONSTRUCTION NOTES: R Know what's below. Callbefore you dig. 1 TITLE SHEET STANDARD NOTES FOR SIGNING, STRIPING, AND LOOP REPLACEMENT CONSTRUCTION 1. TRAFFIC SIGNING, STRIPING, LOOP REPLACEMENT AND THE INSTALLATION THEREOF SHALL CONFORM TO CALTRANS STANDARD PLANS AND SPECIFICATIONS, LATEST EDITION, THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CALIFORNIA MUTCD), LATEST EDITION, THIS PLAN AND THE SPECIAL PROVISIONS. 2. ALL STRIPING AND MARKINGS SHALL BE INSTALLED AND REMOVED BY THE CONTRACTOR. 3. REMOVAL OF ALL CONFLICTING LINES AND MARKINGS SHALL BE BY GRINDING METHOD AND INCLUDES REMOVAL OF RAISED PAVEMENT MARKERS AND BOTTS DOTS. 4. ALL STRIPING DETAILS AND PAVEMENT MARKINGS SHALL BE THERMOPLASTIC, EXCEPT BIKE PAVEMENT MARKINGS SHALL BE ENNIS-FLINT BY PPG PREMARK PREFORMED THERMOPLASTIC. UNLESS OTHERWISE NOTED. 5. CURB MARKINGS SHALL BE PAINT, TWO (2) COATS. CONTRACTOR SHALL REPAINT ALL CURB MARKINGS THROUGHOUT PROJECT LIMITS. CONTRACTOR SHALL SCRAPE SPALLED AND CHIPPED CURB MARKING PRIOR TO REPAINTING. 6. UNLESS OTHERWISE NOTED, INDUCTIVE LOOPS SHALL BE 6' CIRCULAR TYPE E AND IN THE TRAVEL LANE PORTION OF THE LANE. LIMIT LINE LOOPS SHALL BE MODIFIED TYPE E BICYCLE LOOPS. PLACE LIMIT LINE LOOPS 1' INTO THE CROSSWALK OR LIMIT LINE, IF NOT CROSSWALK. STRIPING SHALL BE LOCATED PRIOR TO POSITIONING LOOPS. 7. PAVEMENT LEGENDS SHALL CONFORM TO AGENCY'S STENCILS. CONTRACTOR SHALL VERIFY STENCILS WITH CITY PRIOR TO STRIPING INSTALLATION. 8. ALL SIGNS ARE EXISTING TO REMAIN, UNLESS OTHERWISE NOTED. 10/26/22 Item #10. Page 207
Meeting Date: 3/14/2023 / Packet Page #: 356
DETAIL "A" DETAIL "C" DETAIL "D" DETAIL "B" DETAIL "E" DETAIL "F"INSTALL NEW METER (SUPPLIED BY THE CITY) PER STD. 2.28. EXISTING METER TO BE REMOVED BY THE CONTRACTOR AND LEFT ADJACENT TO THE METER BOX TO BE PICKED UP BY THE CITY. INSTALL METER COUPLING & 1" GATE VALVE PER STD. 2.28 INSTALL 1" SERVICE ASSEMBLY PER STD. 2.25 EXISTING CUSTOMER LATERAL. INSTALL NEW METER (SUPPLIED BY THE CITY) PER STD. 2.28. EXISITNG METER TO BE REMOVED BY THE CONTRACTOR AND LEFT ADJACENT TO THE METER BOX TO BE PICKED UP BY THE CITY. INSTALL 1" SERVICE ASSEMBLY PER STD. 2.25 INSTALL METER COUPLING & 1" GATE VALVE PER STD. 2.28 TIE-IN TO EXISTING CUSTOMER LATERAL AS REQUIRED. EXISTING CUSTOMER LATERAL. ELEVATION REMOVE & CUT EXISTING 1 12 " STL & CRUSHED AGGREGATE BASE BACKFILL ANGLE METER STOPS 12" CLEAR OF NEW INSTALATION. CUT & PLUG EXIST. 112 " STL LATERAL. EXISTING 112 " STL LATERAL (TO BE ABANDONED IN PLACE) TEMPORALLY POSITION ANGLE STOP TO SIDE UNTIL NEW SERVICE IS ACCEPTED FOR TIE INS. AFTER EXISTING SERVICE IS REMOVED AS NOTED, REMOVE ANY BACKFILL AS REQUIRED AND POSITION ANGLE STOP FOR TIE-IN (TYPICAL). REMOVE EXISTING METER AND BOX. INSTALL NEW METER AND BOX (SUPPLIED BY THE CITY) PER RELEVANT CITY STANDARDS. EXISTING CUSTOMER LATERAL 6" SAND BEDDING / BACKFILL RECONNECT SERVICE AND TIE-IN TO EXISTING CUSTOMER LATERAL AS REQUIRED. NO SCALE REMOVE EXISTING METER AND BOX. INSTALL NEW METER AND BOX (SUPPLIED BY THE CITY) PER RELEVANT CITY STANDARDS. PLAN VIEW INSTALL 1" TYPE K COPPER PIPE AND FITTINGS AS REQUIRED. CUT & REMOVE EXISTING SERVICE LATERAL CLEAR OF NEW INSTALLATION. EXISTING WATER METER AND BOX. (TO BE REMOVED) INSTALL 1" TYPE K COPPER PIPE ELEVATION INSTALL METER BOX PER STD. 2.05. TIE-IN TO EXISTING CUSTOMER LATERAL AS REQUIRED. EXISTING CUSTOMER LATERAL. (FOR EXISTING DUAL SERVICE REPLACED BY NEW SINGLE SERVICES.) (FOR EXISTING SINGLE SERVICE REPLACED BY SINGLE SERVICE.)

MAY VARIES AS PER SITE
6"
6"
12" MIN. (TYP.) 12" MIN. (TYP.)
12" MINIMUM
36" DETAIL "G" DETAIL "H" DETAIL "I" DETAIL "J" DETAIL "K" NO SCALE NO SCALE NO SCALE NO SCALE NO SCALE NO SCALE NO SCALE NO SCALE NO SCALE NO SCALE NO SCALE DETAIL "L" NO SCALE DETAIL "M" NO SCALE TYPICAL SERVICE TIE-IN DETAIL NO SCALE TYPICAL SERVICE TIE-IN DETAIL NO SCALE TYPICAL TRENCHING DETAIL PIPE PER PLAN PLAN VIEW FINAL SURFACE COURSE AND BASE COURSE PER TABLES ON STREET IMPROVEMENT PLANS 4" CRUSHED AGGREGATE BASE RGS City Engineer RCE 51197 Date Approved By: 12 File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 BID SET October 19, 2022 5:31 PM FW 10/11/2022 2 WATER DETAILS 10/26/22 Item #10. Page 208
Meeting Date: 3/14/2023 / Packet Page #: 357
DETAIL "A" INTERSECTION STRIPING DETAIL N.T.S. LONE HILL AVE AT FOOTHILL BLVD STRIPING DETAIL (NORTH LEG) N.T.S. DETAIL "B" WILDWOOD RANCH RD AT COUNTRY CLUB DR STRIPING DETAIL N.T.S. DETAIL "C" DETAIL "D" PARKING STALL DETAIL N.T.S. STOP AHEAD PAVEMENT LEGEND DETAIL N.T.S. DETAIL "E" 3 RGS 1"=40' City Engineer RCE 51197 Date Approved By: 12 File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 BID SET October 11, 2022 6:51 PM FW 10/11/2022 STRIPING DETAILS 10/26/22 Item #10. Page 209
Meeting Date: 3/14/2023 / Packet Page #: 358
RGS City Engineer RCE 51197 Date Approved By: 12 File No.: Sheet of Date: Scale: Checked By: Drawn By:

Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 BID SET October 11, 2022 8:33 PM FW 10/11/2022 4 CURB RAMP DETAILS PLAN NO. 1341, 1342, 1343, 1344 & 1345 CURB RAMP NOTES: 10/26/22 Item #10. Page 210
Meeting Date: 3/14/2023 / Packet Page #: 359
RGS City Engineer RCE 51197 Date Approved By: 12 File No.: Sheet of Date: Scale: Checked By: Drawn By:

Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 BID SET October 11, 2022 9:10 AM FW 10/11/2022 5 TYPICAL SECTIONS AND ROADWAY DETAILS 10/26/22 Item #10. Page 211
Meeting Date: 3/14/2023 / Packet Page #: 360

E FOOTHILL BLVD LONE HILL AVE
PALOMAR DR.

CUMBERLAND RD.
107 N. LONE HILL AVE 115 N. LONE HILL AVE 123 N. LONE HILL AVE 1924 CUMBERLAND RD. 1932 CUMBERLAND RD.
1931 CUMBERLAND RD. 1923 CUMBERLAND RD.
123 N. LONE HILL AVE 139 N. LONE HILL AVE 147 N. LONE HILL AVE 203 N. LONE HILL AVE 211 N. LONE HILL AVE 219 N. LONE HILL AVE
228 N. LONE HILL AVE
210 N. LONE HILL AVE 208 N. LONE HILL AVE 202 N. LONE HILL AVE 1925 PALOMAR DR
1937 PALOMAR DR
1942 PALOMAR DR
1938 PALOMAR DR
1925 PALOMAR DR
1948 CUMBERLAND RD. 1940 CUMBERLAND RD.
1939 CUMBERLAND RD. 1947 CUMBERLAND RD.
1955 CUMBERLAND RD. 1960 CUMBERLAND RD.
1956 CUMBERLAND RD.
131 N. LONE HILL AVE RGS City Engineer RCE 51197 Date Approved By: 12 File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 BID SET October 19, 2022 5:31 PM FW 10/11/2022 61"=40' WATER - LONE HILL AVE, CUMBERLAND RD AND PALOMAR DR PLAN NO. 1341 & 1342 FROM FOOTHILL BLVD TO STA 49+25, CUMBERLAND RD AND PALOMAR DR 10/26/22 Item #10. Page 212
Meeting Date: 3/14/2023 / Packet Page #: 361

AMELIA AVE
COUNTRY CLUB DR.

COUNTRY CLUB VISTA ST.

COUNTRY CLUB DR.

E WILDWOOD RANCH RD.
2411 COUNTRY CLUB DR.
2407 COUNTRY CLUB DR. 2401 COUNTRY CLUB DR.
2411 COUNTRY CLUB DR.

COUNTRY CLUB DR.
2439 COUNTRY CLUB DR. 2443 COUNTRY CLUB DR.
2423 COUNTRY CLUB DR. 2419 COUNTRY CLUB DR. 2415 COUNTRY CLUB DR. 2433 COUNTRY CLUB DR. 2429 COUNTRY CLUB DR. RGS City Engineer RCE 51197 Date Approved By: 12 File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 BID SET October 19, 2022 5:31 PM FW 10/11/2022 71"=40' WATER - COUNTRY CLUB DR AND COUNTRY CLUB VISTA ST PLAN NO. 1344 FROM AMELIA AVE. TO COUNTRY CLUB DR. STA. 111+50 AND COUNTRY CLUB VISTA ST WATER CROSSING DETAIL 2250 COUNTRY CLUB VISTA ST. 2300 COUNTRY CLUB VISTA ST. 2260 COUNTRY CLUB VISTA ST. 2263 COUNTRY CLUB VISTA ST. 2311 COUNTRY CLUB VISTA ST. 2323 COUNTRY CLUB VISTA ST. 2331 COUNTRY CLUB VISTA ST. 2328 COUNTRY CLUB VISTA ST. 2314 COUNTRY CLUB VISTA ST. 2310 COUNTRY CLUB VISTA ST. 2307 COUNTRY CLUB VISTA ST. 10/26/22 Item #10. Page 213
Meeting Date: 3/14/2023 / Packet Page #: 362

LONE HILL AVE
CUMBERLAND RD.

PALOMAR DR.
115 N. LONE HILL AVE 123 N. LONE HILL AVE
1932 CUMBERLAND RD.
1931 CUMBERLAND RD.
123 N. LONE HILL AVE 131 N. LONE HILL AVE 139 N. LONE HILL AVE 147 N. LONE HILL AVE 203 N. LONE HILL AVE 211 N. LONE HILL AVE 219 N. LONE HILL AVE
228 N. LONE HILL AVE
208 N. LONE HILL AVE 202 N. LONE HILL AVE
1937 PALOMAR DR
1942 PALOMAR DR
1938 PALOMAR DR 1926 PALOMAR DR
1948 CUMBERLAND RD. 1940 CUMBERLAND RD.
1939 CUMBERLAND RD. 1947 CUMBERLAND RD.
1955 CUMBERLAND RD. 1960 CUMBERLAND RD.
1956 CUMBERLAND RD.
107 N. LONE HILL AVE
1924 CUMBERLAND RD.
1925 PALOMAR DR 210 N. LONE HILL AVE
1923 CUMBERLAND RD.

LONE HILL AVE PRIMARY STREET FROM TO UNIFORM GRIND DEPTH (INCH) OVERLAY STRATEGY EXISTING SECTION (AC OVER AB/PCC/SUBGRADE)(INCH) (TO BE FIELD VERIFIED) LONE HILL AVE E. FOOTHILL BLVD NORTH END 3.5 1.5" ARHM (GG-C-PG 64-16) OVER 2.0" AC (B-PG 64-10) 3.5/4.0 CUMBERLAND RD LONE HILL AVE EAST END 3 1.5" ARHM (GG-C-PG 64-16) OVER 1.5" AC (B-PG 64-10) 2.5/4.0 PALOMAR DR LONE HILL AVE EAST END 3 1.5" ARHM (GG-C-PG 64-16) OVER 1.5" AC (B-PG 64-10) 2.5/4.0 RGS City Engineer RCE 51197 Date Approved By: 12 File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 BID SET October 11, 2022 9:06 AM FW 10/11/2022 81"=40' ROADWAY - LONE HILL AVE PLAN NO. 1342 FROM FOOTHILL BLVD TO NORTH END 10/26/22 Item #10. Page 214
Meeting Date: 3/14/2023 / Packet Page #: 363
AMELIA AVE ROUTE 66 SARATOGA LN PRIMARY STREET FROM TO UNIFORM GRIND DEPTH (INCH) OVERLAY STRATEGY EXISTING SECTION (AC OVER AB/PCC/SUBGRADE)(INCH) (TO BE FIELD VERIFIED) AMELIA AVE ROUTE 66 COUNTRY CLUB DR 4 1.75" ARHM (GG-C-PG 64-16) OVER 2.25" AC (B-PG 64-10) 3.0-4.0/4.0-7.0 RGS City Engineer RCE 51197 Date Approved By: 12 File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 BID SET October 11, 2022 9:07 AM FW 10/11/2022 91"=40' ROADWAY - AMELIA AVE PLAN NO. 1343 FROM ROUTE 66 TO STA. 19+75 10/26/22 Item #10. Page 215
Meeting Date: 3/14/2023 / Packet Page #: 364

AMELIA AVE
COUNTRY CLUB DR.

AMELIA AVE
COUNTRY CLUB DR. COUNTRY CLUB VISTA ST. 2250 COUNTRY CLUB DR. 2307 COUNTRY CLUB VISTA ST.

COUNTRY CLUB DR.

COUNTRY CLUB DR. COUNTRY CLUB VISTA ST. 2323 COUNTRY CLUB VISTA ST. 2311 COUNTRY CLUB VISTA ST. 2263 COUNTRY CLUB VISTA ST. 2260 COUNTRY CLUB VISTA ST. 2307 COUNTRY CLUB VISTA ST. 2310 COUNTRY CLUB VISTA ST.
2314 COUNTRY CLUB VISTA ST. 2328 COUNTRY CLUB VISTA ST. 2331 COUNTRY CLUB VISTA ST. 2300 COUNTRY CLUB VISTA ST.2250 COUNTRY CLUB VISTA ST. PRIMARY STREET FROM TO UNIFORM GRIND DEPTH (INCH) OVERLAY STRATEGY EXISTING SECTION (AC OVER AB/PCC/SUBGRADE)(INCH) (TO BE FIELD VERIFIED) COUNTRY CLUB VISTA ST COUNTRY CLUB DR NORTH END 1.5 1.5" ARHM (GG-C-PG 64-16) 2.5/4.0 COUNTRY CLUB DR AMELIA AVE S/E END @ STA 115+337 1.5 1.5" ARHM (GG-C-PG 64-16) 2.5/4.0 E. WILDWOOD RANCH RD COUNTRY CLUB DR EAST END 1.5 1.5" ARHM (GG-C-PG 64-16) TBD RGS City Engineer RCE 51197 Date Approved By: 12 File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 BID SET October 11, 2022 12:43 PM FW 10/11/2022 101"=40' ROADWAY - AMELIA AVE PLAN NO. 1343 & 1345 FROM STA. 19+75 TO COUNTRY CLUB DR. 10/26/22 Item #10. Page 216
Meeting Date: 3/14/2023 / Packet Page #: 365
COUNTRY CLUB DR.

COUNTRY CLUB DR.

E WILDWOOD RANCH RD.
2411 COUNTRY CLUB DR. 2407 COUNTRY CLUB DR. 2401 COUNTRY CLUB DR.

COUNTRY CLUB DR.
2423 COUNTRY CLUB DR. 2419 COUNTRY CLUB DR.
2415 COUNTRY CLUB DR.

E WILDWOOD RANCH RD.

COUNTRY CLUB DR.
2439 COUNTRY CLUB DR. 2443 COUNTRY CLUB DR. 2433 COUNTRY CLUB DR. 2423 COUNTRY CLUB DR. 2419 COUNTRY CLUB DR.
2415 COUNTRY CLUB DR.
2429 COUNTRY CLUB DR. COUNTRY CLUB DR AMELIA AVE S/E END @ STA 115+337 1.5 1.5" ARHM (GG-C-PG 64-16) 2.5/4.0 E. WILDWOOD RANCH RD COUNTRY CLUB DR EAST END 1.5 1.5" ARHM (GG-C-PG 64-16) TBD PRIMARY STREET FROM TO UNIFORM GRIND DEPTH (INCH) OVERLAY STRATEGY EXISTING SECTION (AC OVER AB/PCC/SUBGRADE)(INCH) (TO BE FIELD VERIFIED) COUNTRY CLUB VISTA COUNTRY CLUB RGS City Engineer RCE 51197 Date Approved By: 12 File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 BID SET October 11, 2022 8:18 PM FW 10/11/2022 111"=40' ROADWAY - COUNTRY CLUB DRIVE PLAN NO. 1345 FROM AMELIA AVE. TO STA. 111+25 10/26/22 Item #10. Page 217
Meeting Date: 3/14/2023 / Packet Page #: 366
SHARED ROADWAY BICYCLE MARKING WITH GREEN BACKGROUND DETAIL N.T.S. DETAIL "F" SHARED ROADWAY BICYCLE MARKING WITH GREEN BACKGROUND AND ON-STREET PARKING DETAIL N.T.S. DETAIL "G" 121"=40' SIGNING, STRIPING, & LOOP REPLACEMENT - AMELIA AVE PLAN NO. 1346 FROM FOOTHILL BLVD TO COUNTRY CLUB DRIVE BC City Engineer RCE 51197 Date Approved By: 12 File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 JL BID SET October 11, 2022 12:46 PM
ROUTE 66
ROUTE 66 AMELIA AVENUE AMELIA AVENUE COUNTRY CLUB DR COUNTRY CLUB DR

COUNTRY
CLUB
VISTA
STREET
10/26/22
Item #10. Page 218
Meeting Date: 3/14/2023 / Packet Page #: 367
CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA, PLAN NOS. 1341-1345

PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and

GENTRY BROTHERS, INC
DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 219
Meeting Date: 3/14/2023 / Packet Page #: 368

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF GLENDORA AND
GENTRY BROTHERS, INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this _____ day of _______________ by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and GENTRY BROTHERS, INC., a California Corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “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. Contractor, following submission of a proposal 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 Glendora Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance 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 promises 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. WORK OF CONTRACTOR

1.1 Scope of Work.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor 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 phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 220
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista Water and Street Improvements, Plan Nos. 1341-1345, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public 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 and 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 prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent 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 Agreement, 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 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 the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: 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.

DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 221
Meeting Date: 3/14/2023 / Packet Page #: 370

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345 (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 Title 8, Section 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 applicable 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 Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 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 of 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 _______________
Steve Gentry, President
(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 (commencing 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 Agreement. 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 periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 222
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless 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.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work 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, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, 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 DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 223
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345 thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable 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.

DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 224
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are 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.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $3,095,880 (Three Million Ninety-Five Thousand Eight Hundred Eighty Dollars) (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 lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’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 Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor 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 Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.

Contractor shall not invoice City for any duplicate services performed by more than one person.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345 City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor 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 that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Contractor 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 Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer 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 Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

3.5 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 but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Steve Gentry, President
Wayne Gentry, Secretary
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 Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor 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. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 228
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345 officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the Principal Engineer, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, 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 Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor 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 role. Contractor 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 Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any 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 shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, 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 Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345 ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor 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 $2,000,000 per occurrence, $4,000,000 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. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection 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 Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors 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. Contractor shall 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 file 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 any time.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345 (b) Duration of coverage. Contractor 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 Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor 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 apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor 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 Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an 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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features 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 clarification 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 Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 231
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345 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. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’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. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor 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 Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’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 deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, 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 law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 232
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345 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 entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor 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;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any 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 Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and 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 Contractor 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 Contractor hereunder, Contractor 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.

In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor 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 liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result 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 limited 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 Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.

Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.

5.7 Substitution of Securities.

Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.

5.8 Release of Securities.

City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345 (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer 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 Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 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 Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor 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.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor 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 Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor 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 Contractor, its 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 Contract Officer or upon the termination of this Agreement, and Contractor 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 materials 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 Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 235
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345 such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

Contractor shall have an unrestricted 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 Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony 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 Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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 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 Los Angeles, State of California, or any other appropriate court in such county, and Contractor 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 Los Angeles, State of California.

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Meeting Date: 3/14/2023 / Packet Page #: 385

CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345

7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. 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 Contractor 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 Contractor’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.
(b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary 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 Contractor’s acts or omissions in performing or failing to perform Contractor’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 Contractor, 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 deduct or to withhold shall not, however, affect the obligations of the Contractor 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 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.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this 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 same 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, Contractor shall file a 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 actual damages for any delay in performance of this Agreement would be extremely difficult or impractical 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 $1,000 (One Thousand Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

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 Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor 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 Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor 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 Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor 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 terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345

7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor 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 Contractor 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 prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether 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 entitled 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 shall be enforceable whether or not such action is prosecuted to judgment.

7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor 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. § 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 related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.

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 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.

8.2 Conflict of Interest.

Contractor 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 way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor 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.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345 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 relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The 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.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor 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 Contractor 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, Contractor hereby agrees to and shall reimburse City for the cost of all such 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 communication 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 Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Contractor, to the person 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. All correspondence relating to this Agreement shall be serialized consecutively.

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.

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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345

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 hereto is 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 Contractor and by the City Council. The parties agree that this 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 to carry out the intent 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 City participate in any decision relating to this Agreement which may affect his/her financial interest 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 violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor 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 official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing 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 awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials ___________________
Steve Gentry, President
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345

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 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. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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CUMBERLAND RD, PALOMAR DR, LONE HILL AVE, AMELIA AVE, COUNTRY CLUB DR, AND COUNTRY CLUB VISTA WATER AND STREET IMPROVEMENTS, PLAN NOS. 1341-1345 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:

ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

Gentry Brothers, Inc.

Name: Steve Gentry
Title: President
[email protected]
Name: Wayne Gentry
Title: Secretary
[email protected]
Address: 384 E Live Oak Avenue, Irwindale CA, 91706
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

CONTRACTOR’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 CONTRACTOR’S BUSINESS ENTITY.

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Item #10. Page 243
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01240.0001/535311.1 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista, Plan Nos. 1341-1345, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

The scope of work consists of installing approximately 4,900 linear feet of new 8-inch and 12-inch water main and 325,000 square feet of street improvement on Cumberland Rd, Palomar Dr, Lone Hill Ave North of Foothill Blvd, Amelia Ave, Country Club Dr, Country Club Vista, and Wildwood Ranch Rd. Street improvements include pavement rehabilitation, concrete sidewalk repairs, curb and gutter repairs, ADA compliant curb ramps, signing, and striping. Additionally, this project includes improvements to address drainage issues on Amelia Avenue by adding a gutter on the west side of Amelia Avenue.

III. In addition to the requirements of Section 6.2, during performance of the work, Contractor shall facilitate a bi-weekly meeting (every 2 weeks) to deliver and discuss the following items:

A. Existing conditions report and status of overall work schedule B. Progress reports of work completed over the past two (2) weeks C. Report of work to be completed over the next two (2) weeks D. Report on pending request for information (RFIs)
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.

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01240.0001/535311.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.

I. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

Add the following to Section 2.4 - Invoices:
“In the event, a preliminary notice is posted by a subcontractor / supplier / manufacturer / vendor, an unconditional release will be required prior to releasing monies to the Contractor. Alternatively, an amount not to exceed the amount referred in the preliminary notice will be jointly released to the Contractor and the originator of the said notice with a conditional release from the said subcontractor / supplier / manufacturer / vendor.” II. ARTICLE 3. PERFORMANCE SCHEDULE
Add the following to Section 3.1 – Time of Essence:
“Time being of the essence, the Contractor shall commence the work and shall diligently pursue the work to completion within the time stated in Article 13 of the Instructions to Bidders, and upon the work schedule, if any, as specified in the Special Conditions, except as such time may be extended in writing by the City in accordance with Section 3.2 and the provisions of the General Conditions.”
III. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
City hereby waives the requirements of Section 5.1(c) - Professional liability (errors & omissions) insurance.

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01240.0001/535311.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:

Line
Item Item Description
Unit of
Measure Quantity Unit Price Extension
1 Mobilization LS 1 $286,070.00 $286,070.00
2 Traffic Control LS 1 $500,000.00 $500,000.00
3 Remove and Construct 4-Inch Thick PCC
Sidewalk Per SPPWC Std Plan 113-2
SF 4,950
$12.00 $59,400.00
4 Remove and Construct Type A2-6 Curb and
Gutter Per SPPWC Std Plan 120-3
LF 110
$75.00 $8,250.00
5 Remove and Construct Type D1-6 AC Dike Per
SPPWC Std Plan 120-3
LF 870
$40.00 $34,800.00
6 Remove and Construct Curb Ramp Per SPPWC
Std Plan No. 111-5, Case and Type per plan
EA 10
$6,000.00 $60,000.00
7 Cold Mill Existing Asphalt Concrete Pavement

1.5-Inch Uniform Depth
SF 166,300
$0.45 $74,835.00
8 Cold Mill Existing Asphalt Concrete Pavement 3-
Inch Uniform Depth
SF 77,900
$0.55 $42,845.00
9 Cold Mill Existing Asphalt Concrete Pavement

3.5-Inch Uniform Depth
SF 23,900
$0.65 $15,535.00
10 Cold Mill Existing Asphalt Concrete Pavement 4-
Inch Uniform Depth
SF 56,300
$0.65 $36,595.00
11 Construct Asphalt Rubber Hot Mix (GG-C-PG 64-
16) Overlay
TN 2,400
$110.00 $264,000.00
12 Construct AC (B-PG 64-10) Overlay Base Course TN 2,000 $95.00 $190,000.00 13 Remove and Construct AC (B-PG 64-10)
Pavement
TN 960
$95.00 $91,200.00
14 Remove and Construct Modified Residential
Driveway Per SPPWC Std Plan 110-2
SF 770
$12.00 $9,240.00
15 Remove and Construct Modified Longitudinal
Gutter Per SPPWC Std Plan 122-2
SF 3,040
$14.00 $42,560.00
16 Remove and Construct Reinforced Concrete
Retaining Wall per SPPWC 610-3
LF 80
$175.00 $14,000.00
17 Remove and Construct Curb and Gutter To
Longitudinal Gutter Transition Per Detail
LF 20
$70.00 $1,400.00
18 Install 6-Inch Ductile Iron Pipe CL- 350 LF 20 $200.00 $4,000.00 19 Install 8-Inch Ductile Iron Pipe CL-350 LF 3,350 $150.00 $502,500.00 20 Install 12-Inch Ductile Iron Pipe CL-350 LF 1,360 $175.00 $238,000.00 21 Install 12-Inch Ductile Iron Pipe CL-350 with
Polyethelyne Wrap
LF 160
$175.00 $28,000.00
22 Construct 6-Inch Valve Box Assembly Type III Per
City of Glendora Std Plan 2.17
EA 1
$2,500.00 $2,500.00
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01240.0001/535311.1 C-2
23 Construct 8-Inch Valve Box Assembly Type III Per
City of Glendora Std Plan 2.18
EA 10
$3,000.00 $30,000.00
24 Construct 12-Inch Valve Box Assembly Type III
Per City of Glendora Std Plan 2.19
EA 5
$5,000.00 $25,000.00
25 Construct Fire Hydrant Assembly Type I Per City
of Glendora Std Plan 2.09
EA 11
$15,000.00 $165,000.00
26 Install 1" Service Assembly Per City Of Glendora
SD&S No. 2.25
EA 56
$2,000.00 $112,000.00
27 Install 2" Service Assembly Per City Of Glendora
SD&S No. 2.27
EA 1
$6,000.00 $6,000.00
28 Remove Existing Water Meter Box and Install
City-supplied Water Meter and Rotated Box, Tie
In To Existing Customer Lateral Per City Of
Glendora SD&S No. 2.39. Tie In Piping Shall Be
1" Minimum Adjust To Customer Lateral Size and
Type At Tie In - Long Side
EA 26
$1,500.00 $39,000.00
29 Remove Existing Water Meter Box and Install
City-supplied Water Meter and Rotated Box, Tie
In To Existing Customer Lateral Per City Of
Glendora SD&S No. 2.39. Tie In Piping Shall Be
1" Minimum Adjust To Customer Lateral Size and
Type At Tie In - Short Side
EA 32
$1,400.00 $44,800.00
30 Hot Tap Existing Water Line per Detail K EA 1 $7,000.00 $7,000.00 31 Remove Existing Water Valve EA 26 $600.00 $15,600.00 32 Remove Existing Fire Hydrant Assembly EA 9 $600.00 $5,400.00 33 Relocate Existing Mailbox EA 2 $500.00 $1,000.00
34 Remove Existing Hand Rail EA 1 $500.00 $500.00
35 Remove Existing Pole EA 1 $500.00 $500.00
36 Remove Existing Tree EA 7 $1,800.00 $12,600.00
37 Adjust Manhole Frame to Grade EA 26 $600.00 $15,600.00 38 Adjust Water Valve to Grade EA 71 $200.00 $14,200.00 39 Signing and Striping LS 1 $38,000.00 $38,000.00
40 Loop Detectors EA 9 $550.00 $4,950.00
41 Re-establish Survey Monument Including Tie-out EA 10 $500.00 $5,000.00 Not to Exceed Total $3,047,880.00
Bid Schedule B – Additive Alternate 1
Item Description Unit of
Measure Quantity Unit Price Total Price
42 Install 18-Inch Steel Pipe (10 Gauge Minimum)
Encasement LF 160 $ 200.00 $ 32,000.00
Not to Exceed Total $ 32,000.00
Bid Schedule C – Additive Alternate 2
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01240.0001/535311.1 C-3
Item Description Unit of
Measure Quantity Unit Price Total Price
21b Install 12-Inch Steel Pipe (10 Gauge Minimum)
with Welded Joints LF 160 $ 100.00 $ 16,000
Not to Exceed Total $ 16,000
 Quantity may be changed or item may be deleted
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. 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.

C. Line items for all other 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.

V. 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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01240.0001/535311.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:

Description Days to Perform Deadline Date
A. All Work 100 Working Days September 1, 2023
II. Contractor shall deliver the following tangible work products to the City by the following dates.

A. City’s Contract Officer will identify the same concurrently with the issuance of the notice to proceed.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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01240.0001/535311.1

PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to GENTRY BROTHERS, INC., as Contract for the work entitled and described as follows: Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista Water and Street Improvements, Plan Nos. 1341-1345;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of Three Million Ninety-Five Thousand Eight Hundred Eighty Dollars ($3,095,880), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 250
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01240.0001/535311.1
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 251
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01240.0001/535311.1

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to GENTRY BROTHERS, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows:

Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista Water and Street Improvements, Plan Nos. 1341-1345; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of Three Million Ninety-Five Thousand Eight Hundred Eighty Dollars ($3,095,880), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) 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/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

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01240.0001/535311.1
Executed on , 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 253
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01240.0001/535311.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista Water and
Street Improvements, Plan Nos. 1341-1345
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
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01240.0001/535311.1
Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 255
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01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 256
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01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager, City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380.

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 257
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I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 258
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01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 259
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01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 260
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I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 261
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01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
a) A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number _________.
(signatures on following page)
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I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: 25AEDAE6-4412-44F7-924F-4D9FACFC7E94 Item #10. Page 264
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Construction Contract Award
.

Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave,
Country Club Dr, and Country Club Vista Water and
Street Improvements, Plan Nos. 1341 - 1345
Public Works Department
Engineering Division
City Council
March 14, 2023
James Lo, Civil Engineering Assistant CityOfGlendora.org Item #10. Page 265
Meeting Date: 3/14/2023 / Packet Page #: 414
2 PROJECT LOCATIONS Item #10. Page 266
Meeting Date: 3/14/2023 / Packet Page #: 415
3 PROJECT SCOPE
• Install 4,900 linear feet of new 8-inch and 12-inch water main. • Install new fire hydrants, new water meters and meter boxes, new customer service laterals.
• Resurface the street with rubberized asphalt.
• Reconstruct portions of curb and gutter, cross gutters, and sidewalk. • Construct new curb ramps.

Item #10. Page 267
Meeting Date: 3/14/2023 / Packet Page #: 416
4 PROJECT AWARD
• Bid Opening on December 6, 2022.
• Four (4) responsive bids were received.
• Engineer’s Estimate $4,612,087.
• Bids ranged from $3,095,880 to $6,693,393.
• Award to Gentry Brothers, Inc. (Lowest Bidder)
Item #10. Page 268
Meeting Date: 3/14/2023 / Packet Page #: 417
5 PROJECT TIMELINE
• Award of Contract: March 14, 2023
• Construction Duration: 120 Working Days
• Expected Construction Start: TBD
• Expected Completion: TBD
Item #10. Page 269
Meeting Date: 3/14/2023 / Packet Page #: 418
6 FISCAL IMPACTS
Task Budget FY23 5-Yr CIP FY24 Expenditures
Water CIP Fund 530 $2,032,511 $438,133
Appropriation Request $434,308
Measure M 255 $718,104 $213,852
Total Project Budget $3,234,923 $651,985
Design - Completed $215,652
Water Meter and Boxes - Completed $25,328
Environmental - Completed $75
Publication - Completed $385
Construction - Gentry Brothers, Inc $3,095,880
Request Construction Contingency - 10% $309,588
Construction Inspection – (to be performed) $170,000
Material Testing – (to be performed) $20,000
Total $3,836,908 $3,836,908
Item #10. Page 270
Meeting Date: 3/14/2023 / Packet Page #: 419
7 RECOMMENDATIONS

1. Adopt a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301(c) of the California Code of Regulations;

2. Approve the Plans and Specifications, including Addendum No 1 for Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista Water and Street Improvements, Plan Nos. 1341-1346 in District No 5;

3. Award the contract to Gentry Brothers, Inc for Cumberland Rd, Palomar Dr, Lone Hill Ave, Amelia Ave, Country Club Dr, and Country Club Vista Water and Street Improvements, Plan Nos. 1341-1345 in the amount of $3,095,880.

4. Authorize the City Manager or his designee to execute the agreement with Gentry Brothers, Inc., including minimal and/or non-substantive changes;

5. Authorize the Administrative Services Director to appropriate $434,308 from the Water Capital Projects Fund 530 towards the project budget; and

6. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.

That the City Council:

Item #10. Page 271
Meeting Date: 3/14/2023 / Packet Page #: 420

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 14, 2023
FROM: PUBLIC WORKS DISTRICT(S): CITY WIDE
SUBJECT: AWARD THE CONTRACT FOR PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS - HSIP CYCLE 9, PLAN NO. 1318 TO F.S. CONTRACTORS, INC. IN THE AMOUNT OF $453,800 (STRATEGIC PLAN ITEM 46-IMCIF)

RECOMMENDATION
That the City Council:

1. Approve the Plans and Specifications for Pedestrian Enhancement at Elementary Schools – HSIP Cycle 9, Plan No. 1318;

2. Award the contract for Pedestrian Enhancement at Elementary Schools – HSIP Cycle 9, Plan No. 1318, to F.S. Contractors, Inc. in the amount of $453,800;

3. Authorize the City Manager or his designee to execute the agreement with F.S. Contractors, Inc., including minimal and/or non-substantive changes; and

4. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.

EXECUTIVE SUMMARY
The adopted Fiscal Year (FY) 2019-20 Budget included $550,000 in funding for the Pedestrian Enhancement at Elementary Schools – Highway Safety Improvement Program (HSIP) Cycle 9, Plan No. 1318 Project (Project). The City Council awarded JMDiaz, Inc. (JMDiaz) the contract for Project design for $35,119, with the option for change orders up to 10% of the original contract amount. Final plans were received August 25, 2021, and California Department of Transportation (Caltrans) review lasted from September 2021 until July 2022.

Two construction bidding processes were conducted. The first had fourteen (14) plan holders, and the City received one proposal from F.S. Contractors, Inc. (F.S. Contractors) for $459,400, but it was rejected due to a missing document required for federal funding. The second bidding process closed on January 19, 2023, and F.S. Contractors was again the only bidder out of nineteen (19) plan holders, with a proposal for $453,800.

This proposal was deemed responsive to the requirements for federal funding, and staff recommends that the City Council award the project construction contract to F.S. Contractors in this amount, and approve the necessary related actions.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City Council adopted the FY2019/20 Budget at its June 25, 2019 meeting, which included the Project in the Capital Improvement Program.

The City Council subsequently awarded the design contract for the Project to JMDiaz at its June 22, 2021 meeting.

Item #11. Page 1
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Staff Report Page 2 of 3

DISCUSSION
The HSIP is a core Federal-aid program with the purpose to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned roads and roads on tribal land. It requires a data-driven, strategic approach to improving roadway safety on all public roads with a focus on performance. For HSIP Cycle 9, the City proposed a project enhancing pedestrian movement and safety in the vicinity of five elementary schools in the City, with an estimated cost for design and construction of $550,000. HSIP funds were granted in the amount of $250,000, and so $300,000 in funds from Measure M were then allocated to the project budget to cover the total anticipated costs of improvements.

The Project will involve installation of curb extensions, high-visibility crosswalks, enhanced crosswalk signage and pavement markings, flashing beacons at stop signs, pedestrian countdown signals, lead ped intervals, and no-passing centerlines in the vicinity of Cullen, Sellers, La Fetra and Stanton public elementary schools, and the private preschool and K-8th grade Hope Lutheran School.

Project Location with School Vicinity
JMDiaz was awarded the design contract in the amount of $35,119 with the option for change orders up to 10% of the original contract amount, and submitted the final plans in September 2021. Construction costs were an estimated $395,805 at the time of design. Since the project is partially Caltrans funded, it was then necessary to gain Caltrans approval before spending funds, and the fund obligation process requires Item #11. Page 2
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Staff Report Page 3 of 3
multiple steps of review. The obligation process for this particular project took almost 8 months.

Timeline for Caltrans Approval for Fund Obligations
No. Document Detail Forms
Sent
Approval
Received
1 Preliminary Environmental Study (PES) 9/14/2021 11/12/2021 2 Right of Way (ROW) Certificate 11/20/2021 2/15/2022
3 Authorization to Procced with Construction (E-76) 2/23/2022 6/1/2022 4 Finance Letter 3/2/2022 7/8/2022
5 Program Supplemental Agreement (PSA) 6/9/2022 7/8/2022 After completing the obligation process, staff conducted a construction bidding process. The invitation to bid was released on QuestCDN, with notices published in the San Gabriel Valley Examiner on October 27, November 3 and November 10, 2022, and the bid opening held on December 1, 2022. Fourteen (14) plan holders reviewed the bid package, and one bid was submitted by F.S. Contractors in the amount of $459,400. This bid was rejected however, due to missing documentation required for Federal funding.

Another invitation to bid was then released on QuestCDN, with notice published in the San Gabriel Valley Examiner on December 8, December 15 and December 22, 2022, and the bid opening was held on January 19, 2023. Nineteen (19) plan holders reviewed the bid package this time, but again only one bid was submitted by F.S. Contractors in the amount of $453,800. This bid was deemed responsive to the contract requirements for Federal funding.

FISCAL IMPACT
The FY2019-20 Adopted Budget’s Capital Improvement Program included this Project, with $250,000 allocated in HSIP Fund 234, and $300,000 in Measure M Fund 255. After design and miscellaneous project costs, $513,774.00 of funding was carried forward into FY2022/23, which is sufficient to cover the remaining project costs.

Task Budget Expenditures
FY2022/23 Project Budget Carried Forward $513,774.00
Construction Cost-FS Contractor $453,800.00
Requested Construction Contingency-10% $45,380.00
Total Estimated Expenditures $499,180.00
Remaining Budget $14,594.00

ENVIRONMENTAL DETERMINATION
This project is categorically exempt from the California Environmental Quality Act provisions pursuant to Section 15301(c). The Notice of Exemption has been adopted by the City Council in August 202. Copy is attached as Attachment A.

Prepared By Maliha Ansari, Principal Civil Engineer
Concurs With Not Applicable
Reviewed By Michael Sledd, Assistant Public Works Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Adopted Notice of Exemption 1318
B. Plan Holder List 1318
C. Bid Extensions 1318
D. Bid Proposal 1318
E. Contract Agreement 1318
F. Signed Plans and Specs 1318
G. Presentation 1318
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rvp7/3/97

CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741 California Environmental Quality Act

NOTICE OF EXEMPTION
Project Title: Pedestrian Enhancement at Elementary Schools- HSIP Funded, Plan No. 1318 Project Location: Various intersections within the City of Glendora that are near elementary schools - See list below:

1. Live Oak Avenue and Whitcomb Avenue

2. Live Oak Avenue and Leadora Avenue

3. Live Oak Avenue and Bennett Avenue

4. Loraine Avenue and Sierra Madre Avenue

5. Loraine Avenue and Northridge Avenue

6. Loraine Avenue and Comstock Avenue

7. Loraine Avenue and La Flora Lane

8. Loraine Avenue and Whitcomb Avenue

9. Loraine Avenue and Leadora Avenue

10. Loraine Avenue and Bennett Avenue

11. Grand Avenue and Bennett Avenue

12. Grand Avenue and Leadora Avenue

13. Foothill Boulevard and Glenwood Avenue

14. Foothill Boulevard and Loraine Avenue

15. Route 66 and Vecino Drive

16. Mauna Loa Avenue and Vecino Drive

17. Grand Avenue and Mauna Loa Avenue

18. Mauna Loa Avenue and La Serena Dive (Not in City Limits] Project Sponsor: City of Glendora Public Works Department Mailing Address: 116 East Foothill Boulevard, Glendora CA 91741 General Plan Land Use Designation: Various residential and commercial/mixed use designations: Low Density Residential, Low/Medium Density Residential, Medium High Density Residential, Rt66 Specific Plan, General Commercial, Open Space, Civic/Institutional, and Utility Flood Control.

Zoning Designation: Various residential and commercial/mixed use zones: R1, E4, E5, E6, E7, GA, Rt66-BG, Rt66-GCG, C2
Project Description: Pedestrian related enhancements near elementary schools, which include minor alterations to existing public-right-of-way to support installation of ADA compliant curb ramps, curb extensions, high visibility crosswalks, signage and pavement marking, pedestrian countdown buttons and improved striping.

Surrounding Land Uses and Setting: Surrounding land uses include mostly residential and some commercial uses.

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The Community Development Director recommends the following exempt status / findings:

Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: Class 1-Existing Facilities
Section: 15301(c)
Statutory Exemption. Code Number:

Reasons why project is exempt: The project involves minor alterations to existing public rightof-way improvements (existing facilities) to support pedestrian movements and safety near the vicinity of elementary schools,
Date:

Jeff Kugel, Community Development Director
The above recommended exempt status and findings were adopted by the following body:

City of Glendora City Council on August 24, 2021
Date:

Maliha Ansari, Principal Civil Engineer (626) 914-8294
DocuSign Envelope ID: 24FB1FD6-F3D4-471C-A9D4-ABED824C5410 August 20, 2021 | 11:13 AM PDT
August 20, 2021 | 9:15 AM PDT
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No. Company Address Contact Name
1 Access Pacific Inc 2835 Sierra Grande St., PASADENA, CA-91107 Tomas Torres Prime Bidder 2 Dodge Data & Analytics 2860 S State Hwy 161, Grand Prairie, TX-75052 Daedri Cavuoto 3 Infrastructure Engineers 3060 SATURN ST, BREA, CA-92821 Justin Wiekamp A/E Consultant 4 FS Contractors, Inc. 14838 Bledsoe St., Sylmar, CA-91342 Jose Angel Fierros Prime Bidder 5 ConstructConnect 3825 Edwards Rd, Cincinnati, OH-45209 Eric Mills 6 Gentry Brothers, Inc. 384 E. Live Oak Avenue, Irwindale, CA-91706 Jason Roehrborn Prime Bidder 7 Minco Construction 522 E. Airline, Gardena, Gardena, CA Iman Mina Prime Bidder 8 AM Signal 8100 Southpark Way, Unit A10, Littleton, CO-80120 Brooke Hageny 9 BidAmerica 41085 Elm Street, Murrieta, CA-92562 Tom Davis 10 Construction Bid Source 6265 Hwy 9, felton, CA-95018 Heather Perrell 11 Western Systems, Inc. 1122 Industry Street Bldg B, Everett, WA-98203 Scal Projects 12 MSL Electric, Inc 2918 E. La Jolla St., Anaheim, CA-92806 Kevin Moore Subcontractor 13 PCI 975 W. 1st Street, Azusa, CA-91702 William Jacob Subcontractor 14 G2K Construction, Inc. 28348 Roadside Drive, Agoura Hills, CA-91301 Lito Fernandez Prime Bidder 15 Falkon Construction Inc 1142 S Diamond Bar Blvd, Diamond Bar, CA-91765 Val Mataele Prime Bidder 16 Crosstown Electrical & Data, Inc. 5454 Diaz St, Irwindale, CA-91706 David Heermance Subcontractor 17 McCain Inc 2365 Oak Ridge Way, Vista, CA-92081 Julie Wage 18 California Professional Engine 19062 San Jose Ave, La Puente, CA-91748 Van Nguyen Subcontractor 19 Klassic Engineering & Construction Inc. 250 S. Tustin St., Orange,, CA-92866 Alex Shirali Prime Bidder Supplier
Business Designation
PLAN HOLDER LIST FOR PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS, PLAN # 1318 Plan Room
Plan Room
Supplier
Plan Room
Other
Supplier
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Meeting Date: 3/14/2023 / Packet Page #: 426
No. Item Description Unit Quantity Unit Price Extension 1 Mobilization and Demobilization LS 1 $10,000.00 $10,000.00 2 Traffic and Pedestrian Control for Construction LS 1 $15,000.00 $15,000.00 3 Construction Survey LS 1 $7,500.00 $7,500.00
4 Sawcut and Remove Existing PCC Curb Ramp and Related
Sidewalk, Curb, Gutter, AC Pavement and Base Material Slot.

Construct New PCC Curb Ramp with Detectable Warning Surface and Related Curb, Gutter,
EA 14 $7,600.00 $106,400.00
5 Sawcut and Remove Existing PCC Curb Ramp and Related
Sidewalk, Curb, Gutter, AC Pavement and Base Materials.

Construct New PCC Curb Extensions (Bulb-outs) with Curb Ramps, Detectable Warning Surfaces,
LS 1 $88,000.00 $88,000.00
6 Remove and Reconstruct P.C.C. Sidewalk SF 200 $15.00 $3,000.00 7 Adjust Utility Lid to Finish Grade EA 2 $750.00 $1,500.00 8 Remove Existing Pedestrian Push Button and Replace with ADA APS Pedestrian Push Button including All Required Wiring EA 20 $2,400.00 $48,000.00 9 Remove and Reconstruct P.C.C. Cross Gutter and Spandrel SF 2300 $28.00 $64,400.00 10 Traffic Signing and Striping, including Solar LED Stop Sign LS 1 $110,000.00 $110,000.00 $453,800.00
FS Contractors, Inc.

Pedestrian Enhancement at Elementary Schools, Plan # 1318 (#8350668) 1/19/2023 10:00 AM PST
Item #11. Page 7
Meeting Date: 3/14/2023 / Packet Page #: 427
Revised 10/2019
BID PROPOSAL (Part 1)

SECTION III