Montebello City Council
March 26, 2025

APPENDIX “C”

PROJECT SIGN

APPENDIX “D”

PROJECT LABOR AGREEMENT
NO. 4202

AGREEMENT NO. 4202 – LOS ANGELES/ORANGE

COUNTIES BUILDING AND CONSTRUCTION

TRADES COUNCIL AND THE SIGNATORY CRAFT

COUNCILS AND UNIONS

Print Form
Revised 2011
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): City of Montebello P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
1600 W. Beverly Boulevard
Montebello, CA 90640
County of: Los Angeles (Address)
Project Title: Montebello Boulevard Street Resurfacing Project CP No. 888 Project Applicant: City of Montebello
Project Location - Specific: Montebello Boulevard between Lincoln Avenue and Los Angeles Avenue Project Location – City: Montebello Project Locations – County: Los Angeles Description of Nature, Purpose and Beneficiaries of Project: Asphalt pavement rehabilitation, center median islands w/landscape features, and enhanced American with Disabilities Act (ADA) accessibility path of travel.

Name of Public Agency Approving Project: City of Montebello Name of Person or Agency Carrying Out Project: Cesar Roldan, Director of Public Works Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number: 15301 Class 1 Statutory Exemptions. State code number:

Reasons why project is exempt: Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities).

Lead Agency
Contact Person: Cesar Roldan Area Code/Telephone/Extension: 323-887-1462 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: March 26, 2025 Title: Director of Public Works Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

ATTACHMENT C

ITEM # 7

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works
SUBJECT: ADOPT PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF PLAZA DRIVE RESURFACING PROJECT (CP NO. 917) AND

PROCEED WITH BID ADVERTISEMENT
DATE: March 26, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA); and

2. Adopt construction plans and specifications for Plaza Drive Resurfacing Project (CP No. 917); and

3. Authorize staff to proceed with bid advertisement for construction; and

4. Take such additional, related action that may be desirable.

FISCAL IMPACT:

Approval of this action will allow staff to proceed with the bidding of this capital project (CP 917). As soon as staff evaluate all bids, a recommendation will be made to award a contact at the May 14, 2025 City Council meeting and include a well-defined project budget. At the time of contract award, Staff will make recommendations for amending the Fiscal Year 2024-25 budget if needed. This project will continue into FY 2025-26 and appropriate funding will be included in next year's CIP budget.

BACKGROUND/DISCUSSION:

On February 13, 2023, the City Council authorized the execution of the Exchange Agreement and Assignment of Federal Surface Transportation Program-Local and

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025

Highway Infrastructure Programs Funds. This agreement is mandated by the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the designation of proposed projects. This project aims to rehabilitate the asphalt pavement on Plaza Drive between Montebello Boulevard and San Gabriel Boulevard due to its severe deterioration and critical role as a primary ingress and egress route for the Montebello Town Center and various bus routes. The project enhances transportation infrastructure and improves ADA compliance. These efforts seek to improve the quality and safety of Plaza Drive for residents and commuters.

The final construction plans (Attachment A) and specifications (Attachment B) are completed in accordance with applicable engineering standard specifications and are consistent with the City’s procurement and purchasing manual. The City Council is required to approve and adopt construction documents and authorize the bid request for all public projects. The bid advertisement phase is consistent with Public Contract Code sections 20161 and 20162, which mandate California public works projects to be competitively bid. This action is also consistent with Montebello Municipal Code Section

3.20.110 - Bidding procedure prescribed.

With City Council's approval, staff will advertise the project for bid in a local newspaper of general circulation and submit the Notice Inviting Bid (NIB) to PlanetBids. The following tentative schedule has been identified for the bid process:

Tasks Timeline
Bid Period March 28, 2025 to April 23, 2025
Questions or Request for Information April 10, 2025 at 12:00 pm Bid Opening April 23, 2025 at 11:00 am
Award of Contract (Tentative) May 14, 2025 City Council Meeting Commence Construction June 2025
Complete Construction September 2025
Close out Project October 2025
ENVIRONMENTAL:

The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project results in minor alterations to existing public facilities involving no significant expansion of the existing use. The project is not anticipated to have any significant impacts with regards to traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project (Attachment C).

ANALYSIS:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025

SUMMARY:

Staff recommends City Council adopt the 100% completed plans, specifications, and engineer's estimate (PS&E) for construction of the Plaza Drive Resurfacing Project (CP 917); and approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA); and authorize staff to proceed with bid advertisement for construction.

ATTACHMENT(S)

1. Attachment A - Plans - Plaza Drive Resurfacing Project CP No. 917

2. Attachment B - Specifications - Plaza Drive Resurfacing Project CP No. 917

3. Attachment C - CEQA NOE - Plaza Drive Resurfacing Project CP No. 917

NO.

REVISIONS
Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705

A LOCHNER COMPANY
DATE BY DESCRIPTION APPROV.

UNDER THE SUPERVISION OF:

Know what's below.

Call before you dig.

CITY OF MONTEBELLO

ENGINEERING DIVISION
T-1
Engineering Division

PLAZA DRIVE PAVEMENT REHABILITATION

PROJECT
CAPITAL PROJECT NO. 917

CIVIL ENGINEERING
THOMAS GUIDE:
636-G6, 636-H6 LOCATION MAP
LEGEND:

PROJECT UTILITY CONTACTS:

PROFESSIONAL ENGINEER'S NOTE:

INDEX OF DRAWINGS
UNAUTHORIZED CHANGES AND USES:
91 19
42 164
72 60
5 710
605
105
10 101 5
5 VICINITY MAP

PROJECT SITE
APPROVED BY:

PROJECT

LOCATION
60 ALIFO
C
NIA R
164
ALIFO
C
NIA R

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT

TITLE SHEET

ATTACHMENT A

NO.

REVISIONS
Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705

A LOCHNER COMPANY
DATE BY DESCRIPTION APPROV.

UNDER THE SUPERVISION OF:

Know what's below.

Call before you dig.

CITY OF MONTEBELLO

ENGINEERING DIVISION
T-2
GENERAL NOTES GENERAL NOTES (CONTINUED): GENERAL STRIPING, MARKING, AND SIGNING NOTES:

NOTICE TO CONTRACTOR:

STORM WATER POLLUTION REQUIREMENT:

LIST OF STANDARD DRAWINGS:

CALTRANS STANDARD PLANS, 2023 EDITION
ABBREVIATIONS:

LEGEND:

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT

GENERAL NOTES

DATUM STATEMENT
’
’ ’ ’ ’ ” ’

NO.

REVISIONS
Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705

A LOCHNER COMPANY
DATE BY DESCRIPTION APPROV.

UNDER THE SUPERVISION OF:

Know what's below.

Call before you dig.

CITY OF MONTEBELLO

ENGINEERING DIVISION

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT

STREET IMPROVEMENT PLAN

PLAZA DRIVE BETWEEN

MONTEBELLO BOULEVARD AND SAN GABRIEL BOULEVARD
C-1

BOULEVARD DRIVE

SYCAMORE

SAN GABRIEL BOULEVARD
DR

MONTEBELLO
PLAZA
DRIVE
PLAZA

NO.

REVISIONS
Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705

A LOCHNER COMPANY
DATE BY DESCRIPTION APPROV.

UNDER THE SUPERVISION OF:

Know what's below.

Call before you dig.

CITY OF MONTEBELLO

ENGINEERING DIVISION
SS-1

SYCAMORE

SAN GABRIEL BLVD

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT

SIGNING AND STRIPING PLAN
DR

PLAZA DRIVE BETWEEN

MONTEBELLO BOULEVARD TO SAN GABRIEL BOULEVARD
BEGIN
END
Know what's below.

Call before you dig.

BOULEVARD DRIVE

SAN GABRIEL BOULEVARD

MONTEBELLO
PLAZA
DRIVE
PLAZA
SPEED
50 LIMIT
NO

PARKING
ANY
TIME
OVER 3 TONS

CITY OF MONTEBELLO

CALIFORNIA

CONTRACT DOCUMENTS

SPECIFICATIONS
FOR

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT
C.P. No. 917
SALVADOR MELENDEZ – MAYOR
GEORGINA TAMAYO – MAYOR PRO TEM
RIC ALONZO – COUNCILMEMBER
SCARLET PERALTA – COUNCILMEMBER

DANIELLE ROMERO - COUNCILMEMBER
RAUL ALVAREZ – CITY MANAGER
PROJECT SUBJECT TO PROJECT LABOR AGREEMENT NO. 4202
Bid Opening (Electronic Bid through PlanetBids): April 23, 2025 at 11:00 A.M.

City of Montebello
Office of the City Clerk
1600 W. Beverly Boulevard
Montebello, CA 90640

ATTACHMENT B

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT
C.P. No. 917

IN THE CITY OF MONTEBELLO

BID SCHEDULE
 Bid Period
 Questions or Request for Information
 Bid Opening
 Award of Contract (Tentative)
 Commence Construction
 Complete Construction
 Close out Project
- March 28, 2025 to April 23, 2025
- April 10, 2025 at 12:00 pm
- April 23, 2025 at 11:00 am
- May 14, 2025 City Council Meeting
- June 2025
- September 2025
- October 2025
Bid proposals will be received via PlanetBids
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 until 11:00 A.M. on April 23, 2025.

These Specifications have been prepared
under the direction of:
____________________________________
Cesar Roldan, Director of Public Works

The image part with relationship ID rId13 was not found in the file.

CITY OF MONTEBELLO

CALIFORNIA
TO PROSPECTIVE BIDDERS:

The City of Montebello invites you to become a prospective bidder on one of its public projects.

It is the City’s intention to provide you with thorough and complete information regarding this project and to present an accurate description of the necessary work so that you may successfully bid and construct the project.

Submittal of your bid assumes that you have made a thorough and complete investigation of the project site and that you have discovered no apparent discrepancies between the scope of work set forth in the plans and specifications and the actual field conditions.

If there are any questions regarding this project, please contact the City Engineer’s office at (323) 887-1200, ext. 462.

Cesar Roldan
Director of Public Works

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT
C.P. No. 917

IN THE CITY OF MONTEBELLO

TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS A-1 to A-3
INSTRUCTIONS TO BIDDERS B-1 to B-3
BID PROPOSAL C-1 to C-22
CONTRACT AGREEMENT D-1 to D-21
TECHNICAL SPECIFICATIONS APPENDIX “A”

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)
CONTRACTOR REGISTRATION NUMBER FORM APPENDIX “B”
PROJECT CONSTRUCTION SIGN APPENDIX “C”
PROJECT LABOR AGREEMENT APPENDIX “D”
STANDARD PLANS APPENDIX “E”

A-1

NOTICE INVITING BIDS
FOR

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT
C.P. No. 917

IN THE CITY OF MONTEBELLO
PUBLIC NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites bids for the above stated project and will receive such bids through PlanetBids () https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 by 11:00 A.M. on April 23, 2025.

SCOPE OF WORK: The work to be performed or executed under these specifications consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the contract documents to construct the above stated project. It is the intent of this contract to have the contractor perform the “Project”, and other appurtenances in accordance with the 2021 Standard Plans for Public Works Construction (SPPWC), 2021 Standard Specifications for Public Works Construction “Greenbook” (referred to as Standard Specifications), 2023 Caltrans Standard Plans and Specifications unless otherwise shown.

CONTRACT DOCUMENTS:

Copies of the contract documents and specifications are available through PlanetBids.

In order to be on the Planholder List for this project, each bidder must submit a Bidders Information Sheet through PlanetBids. Bids will not be accepted unless the bidder is on the Planholder’s List. All questions from plan holders must be sent through PlanetBids.

Questions: All questions related to this project prior to the opening of bids shall be submitted electronically and received no later than 12:00 P.M. on April 10, 2025.

PREVAILING WAGE:

Prevailing wage requirements apply to public works projects with a value exceeding $1,000.00. The definition of “public works” is found at Labor Code Section 1720, et seq.

Pursuant to Section 1770, et seq., of the California Labor Code, the Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is available on-line at: B-2
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail.

A-2
LABOR COMPLIANCE:

To comply with SB 854, beginning January 1, 2015 the following applies:

1. No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

3. The project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.

The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix “B” and submit it with the sealed Bid.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, marital status or religion in any consideration leading to the award of contract.

In entering into a public works contract, or subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or the Subcontractors, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) of 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 pursuant to the public work contract or the subcontract. This assignment shall be made and become effective as the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.

Bids must be prepared on the approved Proposal forms in conformance with the “Instructions to Bidders” and submitted electronically. The bid must be accompanied by certified or cashier’s check, or bidder’s bond, made payable to the AGENCY for an amount no less than ten percent of the amount bid.

Bidders must hold a valid California Class A Contractor’s License.

No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of the Business and Professions Code. The successful Contractor and his subcontractors will be required to possess business licenses from the City.

The AGENCY will deduct five percent (5%) retention from all progress payments as specified in Section 9-3.2 of these Specifications. The Contractor may substitute an escrow holder surety of equal value to the retention and the Contractor shall be beneficial owner of the surety and shall receive any interest thereon.

A-3
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids, under advisement for a period of sixty (60) days.

The contract period for this project is forty-five (45) working days from the effective date of the Notice-to-Proceed to be issued by the City.

BY ORDER OF: The City of Montebello, California
_____________________________
Christopher Jimenez, City Clerk

B-1

INSTRUCTIONS TO BIDDERS
FOR

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT
C.P. No. 917

IN THE CITY OF MONTEBELLO

PROPOSAL FORMS
Bids shall be submitted directly through PlanetBids (
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839) and contractors must use the Proposal forms provided by the AGENCY (contained within these contract specifications). All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements.

PROPOSAL GUARANTEE
Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier’s check or bid bond payable to the AGENCY in the amount not less than ten percent of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. The proposal guarantees for all bidders will be held until the successful bidder has properly executed all contract documents.

DELIVERY OF PROPOSAL
Bids shall be submitted directly through PlanetBids
(https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839) by 11:00 A.M. on April 23, 2025. It is the bidder’s responsibility to ensure the bids have been successfully submitted through PlanetBids. Late proposals will not be considered.

WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the AGENCY’s designated official prior to the bid-opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

B-2

IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested.

No oral, telegraphic, telephonic, facsimile or electronic proposal, modification or withdrawal will be considered.

TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all bid amounts will be deemed and held to include any and all such applicable taxes.

DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code.

DISCREPANCIES AND MISUNDERSTANDINGS
Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed.

No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals.

EQUIVALENT MATERIALS
Although the bidder may believe that by use of a different material than that specified on/in the plans and specifications, a lower cost project/bid may result. The bidder is to bid the project on the basis of using the material(s) as named keeping in mind that all materials named herein by manufacturer is not to prohibit the bidder considering using in his bid what he considers to be an equal material except where the AGENCY has designated a sole product. Once the bids have been opened the successful Contractor may discuss with the AGENCY the use of another product; which may result in a determination by the AGENCY that the other product is equal and possibly that by the AGENCY allowing the use of the Contractor proposed equal that a change in the contract amount may result.

B-3

LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith.

AWARD OF CONTRACT
The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. Additionally, the AGENCY reserves the right to accept or reject any or all proposals, to waive any irregularity, and to make an award as may best serve the interests of the AGENCY.

SURETY BOND PERIOD
Surety Faithful Performance Bond shall be maintained for one (1) year after completion of project construction.

C-1

PROPOSAL
FOR

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT
C.P. No. 917

IN THE CITY OF MONTEBELLO
TO THE CITY OF MONTEBELLO, as “AGENCY” or “City”
In accordance with the City’s Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with City at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to City of the guarantee accompanying this proposal. This bid may not be withdrawn within a period of sixty (60) days after the date of its proper opening by the City.

BIDDER understands that a bid is required for the entire work and that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE

CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.

If awarded the Contract, the undersigned further agrees that in the event of the BIDDER’s default in executing the required contract and filing the necessary bonds and insurance certificates within ten (10) working days after the date of the City’s notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the City and this bid and the acceptance hereof may, at the City’s option, be considered null and void.

C-2

BID PROPOSAL
FOR

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT
C.P. No. 917___

IN THE CITY OF MONTEBELLO
The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:

Construct improvements as reiterated above, located in the City of Montebello, California, in accordance with the specifications for the unit price set forth in the following items:

BASE BID SCHEDULE
ITEM
NO. DESCRIPTION EST QTY UNIT UNIT PRICE TOTAL
1 MOBILIZATION (Not to exceed 10% of
total of all other prime contract Bid Items) 1 LS
2 TRAFFIC CONTROL (Not to exceed 8% of
total of all other prime contract Bid Items) 1 LS
3 STORM WATER POLLUTION
PREVENTION (SWPPP) BMP’S 1 ALL $5,000.00 $5,000
4 CONSTRUCTION SURVEY 1 LS
5 FULL WIDTH COLD MILL, 3.5” DEPTH 90,840 SF
6 CONSTRUCT 1.5” AC (TYPE B-PG 64-10)
PAVEMENT 840 TON

C-3
7 CONSTRUCT 2” ARHM-GG-C
PAVEMENT OVERLAY 1,120 TON
8 DOUBLE ADJUST MANHOLE TO
GRADE 12 EA
9 DOUBLE ADJUST GAS VALVE TO
GRADE 2 EA
10 TRAFFIC SIGNING, STRIPING AND
MARKINGS 1 LS
11 INSTALL VEHICLE DETECTOR LOOPS 6 EA
12 REMOVE EXISTING AND INSTALL NEW
VEHICLE LOOP DETECTOR STUB OUT 1 EA
13 FURNISH AND INSTALL PROJECT
CONSTRUCTION SIGNS 2 EA

TOTAL AMOUNT BASE BID SCHEDULE IN FIGURES
TOTAL AMOUNT BID IN WORDS _____________________________________________ _____________________________________________________________________________ _______________________________________________________________________Dollars _____________________________________________________________________________ Bidder’s Signature Title
_____________________________________________________________________________ Company Name

C-4

DESIGNATION OF SUBCONTRACTORS
California Public Contract Code 6109
The City of Montebello cannot permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project.

In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 2, commencing at Section 4100, Division 5, Title 1 of the California Public Contract Code) and any amendments thereof, each bidder shall set forth below: (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract in an amount in excess of one-half of one percent of the prime contractor's total bid, and (b) the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid.

If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, the prime contractor shall be deemed to have agreed that he/she is fully qualified and will perform that portion themselves.

No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid, or (c) subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his/her original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity.

California Public Contract Code 7104
Contractor shall, in any activity involving trenching more than four feet deep, notify the Engineer of hazardous materials, subsurface or latent physical site conditions different from those indicated and any unusual site conditions. Contractor shall, in contracts exceeding $25,000, provide detailed plans for trenches or excavations of five feet or more in depth. Cal. Lab. Code § 6705.

C-5
Bidder’s List of subcontractor
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/publicworks/contractor-registration.html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.

Subcontractor Name and Location
Line Item # &
Description
Subcontract
Amount
Percentage of Bid Item
Subcontracted
Contractor
License Number
DIR Reg Number
Name:
_______________________________________
City, State
Name:
_______________________________________
City, State
Name:
_______________________________________
City, State
Name:
_______________________________________
City, State

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Name:
_______________________________________
City, State

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REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years:

1. __________________________________________________________________________ Name and Address of Agency
__________________________________________________________________________ Name and telephone number of person familiar with project __________________________________________________________________________ Contract amount Type of work Date completed

2. __________________________________________________________________________ Name and Address of Agency
__________________________________________________________________________ Name and telephone number of person familiar with project __________________________________________________________________________ Contract amount Type of work Date completed

3. __________________________________________________________________________ Name and Address of Agency
_________________________________________________________________________ Name and telephone number of person familiar with project _________________________________________________________________________ Contract amount Type of work Date completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE

AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS

PROPOSAL)

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

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

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

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PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares
under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted
within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided.

The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.

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Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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Non-collusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY / COUNTY of _________________________________________ DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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NON-COLLUSION AFFIDAVIT
The undersigned is submitting a bid for performing the following work by contract, being duly sworn, deposes and says:

That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
______________________________
______________________________
______________________________
______________________________
(Fill in description of contract)
______________________________
Company
______________________________
Name of Bidder
______________________________
Signature of Bidder
______________________________
Business Address
______________________________
City StateZip Code
Subscribed and sworn to before me this _____day of ___________________, 20__ __. ______________________________
Notary Public in and for the County of
______________________________, State of California.

My Commission Expires ___________________, 20__ __.

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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

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

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

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

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

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NONLOBBYING CERTIFICATION

FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

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

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

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

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

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

Prime Subawardee
Tier_______ , if known
Congressional District, if known Congressional District, if known

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

CFDA Number, if applicable ___________________

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

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

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

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

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

15. Continuation Sheet(s) attached: Yes No

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

Signature: ________________________________________
Print Name: ______________________________________
Title: ____________________________________________
Telephone No.:_____________________ Date: __________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL

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INSTRUCTIONS FOR COMPLETION OF SF-LLL,

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

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

2. Identify the status of the covered Federal action.

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

4. Enter the full name, address, city, state and zip code of the reporting entity.

Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

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

6. Enter the name of the Federal agency making the award or loan commitment.

Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

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

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

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

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

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

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

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

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered.

Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

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

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

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

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Note: The standard printed bid bond form of any bonding company acceptable to the City of Montebello may be used in lieu of the following approved sample bond form, provided the security stipulations protecting the City of Montebello are not in any way reduced by use of the surety company’s printed standard form.

PROPOSAL GUARANTEE

BID BOND
FOR

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT
C.P. No. 917

IN THE CITY OF MONTEBELLO
KNOW ALL MEN BY THESE PRESENTS that ______________________________________ ______________________________________________, as BIDDER, and ________________ ______________________________________________, as SURETY, are held and firmly bound unto the City of Montebello, as AGENCY, in the penal sum of _____________________ ______________________________________________________________________________ ____________________________ dollars ($_________________), which is ten percent of the total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly be these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals, this _______ day of ______________, 20____.

BIDDER* _____________________________________________________________________ ______________________________________________________________________________ SURETY*_____________________________________________________________________ Subscribed and sworn to this _______ day of __________________, 20____.

NOTARY PUBLIC _____________________________________________________________ *Provide BIDDER/SURETY name, address and telephone number and the name, title, address and telephone number of authorized representative.

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BIDDER’S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
FOR

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT
C.P. No. 917

IN THE CITY OF MONTEBELLO
In accordance with Government Code Section 14310.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE
Has the Bidder, any officer of the bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
Yes_________ No_________
If the answer is yes, explain the circumstances in the space provided.

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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontractors, all reports which may have been due under the requirements of any AGENCY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded thereunder.

Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

NON-COLLUSION AFFIDAVIT
BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud.

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BIDDER’S INFORMATION
BIDDER certifies that the following information is true and correct:

Bidder’s Name ___________________________________________________________ Business Address: __________________________________________________________ ___________________________________________________________ Telephone ___________________________________________________________ State Contractor’s License No. and Class: ________________________________________ Original Date Issued ____________________ Expiration Date ______________________ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

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IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all forenamed principals this ___________ day of _____________, 20___.

BIDDER______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.
____________________________________
Signature of Contractor’s Representative
____________________________________
Printed Name
____________________________________
Title
Subscribed and sworn to this _________ day of _____________________,20_______.

NOTARY PUBLIC _____________________________________________________

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CITY OF MONTEBELLO

STANDARD PUBLIC WORKS AGREEMENT
(SAMPLE)

THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is dated ________________________ for reference purposes only and is made and entered into by and between the CITY OF MONTEBELLO, a Municipal corporation (the “CITY”) and _____________________(“CONTRACTOR”) whose address is
__________________________________________________.

SEC. 1. RECITALS
WHEREAS, the CITY duly advertised a Notice Inviting Bids to be submitted on or before ________________________________ on ______________________________________. for the work of _________________________(describe work), (“PROJECT”).

WHEREAS, on ___________________________, the City Council accepted the bid of CONTRACTOR as the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT.

NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, the parties do hereby agree as follows:

SEC. 2. CONTRACT DOCUMENTS.

A. The CONTRACT DOCUMENTS for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Addendums, General Specifications and all referenced specifications, details, standard drawings, and appendices, together with this Contract and all required bonds, and insurance certificates. All of the “Contract Documents” are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents.

The CONTRACT DOCUMENTS are incorporated herein by this reference and made part hereof as though they were fully set forth herein.

B. In case any of the CONTRACT DOCUMENTS conflict with each other, the order of preference for the CONTRACT DOCUMENTS is:

1. This AGREEMENT

2. Appendices

3. Standard drawings

4. Details

5. Special Provisions, if any

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6. Addendums

7. General Specifications and all referenced specifications

8. Bidders Proposal

9. Instructions to Bidders

10. Notice Inviting Sealed Bids
SEC. 3. THE WORK.

For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.

SEC. 4. COMPENSATION.

CONTRACTOR hereby agrees to receive and accept the total amount of ________________________________________, which is based on performing all of the work shown on Bidders Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.

Sec. 4.1. Progress Payments
Progress Payments shall be made in accordance with section ________ of the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public Contracts Code Section 20104.5. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request. Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.

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Sec. 4.2. Retention of Funds
Progress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the contract price in proportion to the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final acceptance of the work by the City Council, after CONTRACTOR shall have furnished CITY with a release of all undisputed contract amounts, if required by CITY.

In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. CITY’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.

Sec. 4.3. Substitution of Securities.

Pursuant to Public Contracts Code Sec. 22300 CONTRACTOR shall be allowed to substitute securities for any moneys withheld by the CITY to ensure performance under a contract, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the CONTRACTOR. Upon satisfactory completion of the contract, the securities shall be returned to the contractor.

SEC. 5. UNDOCUMENTED WORKERS.

CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this Contract, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.

SEC. 6. NOTICE TO PROCEED.

CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within forty-five (45) Working Days from the commencement thereof.

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SEC. 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS.

A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any subcontractor, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:

1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;

2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

B. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.

C. CITY shall promptly investigate the reported conditions. If CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR’s cost of or time required for performance of any part of the work, then CITY shall issue a change order.

D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

SEC. 8. MISCELLANEOUS STATUTORY REQUIREMENTS
Sec. 8.1. Contractor License.

CONTRACTOR shall possess a california contractor’s license type “A” or “C-12” for the performance of the Project.

Sec. 8.2. Ineligible Contractor Prohibited.

Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.

Sec. 8.3. Compliance with SB 854 Registration.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department

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of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).

Sec. 8.4. Trench and Pipeline Safety.

If this Contract is for more than $25,000 and involves excavation of any trench five feet or more in depth, the CONTRACTOR shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705.

Such plan shall be approved by a qualified representative of the CITY.

Sec. 8.5. Utility Relocation.

CITY is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications.

CITY shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

Sec. 8.6. Third Party Claims Notification.

The CITY shall timely notify the CONTRACTOR in writing of any third party claims relating to the Agreement.

Sec. 8.7. Unfair Business Practices Claims.

The CONTRACTOR or subcontractor offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 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 pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the CITY renders final payment to the CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).

Sec. 8.8. Day’s Work.

CONTRACTOR acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day’s work. CONTRACTOR will forfeit as a penalty to CITY the sum of $25.00 for each worker employed in the execution of this Contract by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).

Sec. 8.9. Payroll Records.

CONTRACTOR shall maintain the certified payroll records required by Labor Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by

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Labor Code Sec. 1771.4. The CONTRACTOR shall inform the CITY of the location of the records enumerated under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.

Sec. 8.10. Employment of Apprentices.

Nothing in this Contract prevents CONTRACTOR or any subcontractor from employing properly registered apprentices in the execution of the Contract. CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color.

Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.

Sec. 8.11. Records Audit
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

SEC. 9. PREVAILING WAGES
A. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Los Angeles County. Wage rates shall conform with those posted at __________________ and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

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SEC. 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
A. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

B. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

SEC. 11. BONDS.

A. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Performance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.

B. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”

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SEC. 12. INSURANCE REQUIREMENTS.

Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additionalnamed insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A. CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.

SEC. 13. LIQUIDATED DAMAGES.

See Section 6-9 Liquidated Damages of the General Provisions. In addition, pursuant to the authority of California Public Contracts Code Section 7102, CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CITY would be extremely difficult or impractical to determine in the event of a breach of this Agreement by CITY. Therefore, if the CITY is determined to be liable for such unreasonable delays, the CITY and its sureties shall be liable to the CONTRACTOR for the sum of five hundred dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder
SEC. 14. DISPUTE RESOLUTION
Sec. 14.1. Claims of $375,000 or Less
A. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contracts Code Sections 21040-21040.4. A summary of Sections 21040-21040.4 are as follows:
(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with the CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.

Sec. 14.2 Public Contracts Code 9204 Claims
CONTRACTOR shall comply with the procedure set forth in Public Contracts Code section 9204 for any claim, as that term is defined therein, for one or more of the following: 1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the CITY under this Agreement. A summary of the provisions of Public Contracts Code Section 9204 is as follows:

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1. CONTRACTOR must send a claim to the CITY for a time extension, payment for work not in the Agreement, or payments disputed by the CITY by registered mail or certified mail with return receipt requested.

2. CITY must respond within 45 days as to which claims are disputed and undisputed.

3. If claim remains in dispute, CONTRACTOR may request informal meet and confer meeting with CITY.

4. After meet and confer, a disputed claim remaining shall be submitted to nonbinding mediation.

5. All undisputed claims shall be paid within 60 days.

SEC. 15. TERMINATION.

Sec. 15.1. Termination for Convenience.

The CITY may terminate this contract, in whole or in part, with 30 days written notice to the CONTRACTOR when it is in the CITY’s best interest. The CONTRACTOR shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The CONTRACTOR shall promptly submit its termination claim to CITY to be paid the CONTRACTOR. If the CONTRACTOR has any property in its possession belonging to the CITY, the CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. The CONTRACTOR may terminate this contract, in whole, with 90 days written notice to the CITY.

Sec. 15.2 Termination for Default.

If at any time the CONTRACTOR is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the CITY, and will be served upon the CONTRACTOR and its sureties. If the CONTRACTOR continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Contract for this Project.

Sec. 15.3 Waiver of Remedies for any Breach.

In the event that CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Contract, such waiver by CITY shall not limit CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.

SEC. 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

PROJECT
In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within

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said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

SEC. 17. COMPLIANCE WITH APPLICABLE LAWS.

CONTRACTOR hereby promises and agrees to comply with all of the provisions of all applicable state and federal laws in connection with the performance of its obligations under this Contract.

SEC. 18. NOTICE OF COMPLETION.

Upon completion of the PROJECT and acceptance of same by the City Council, the CITY Administrator shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.

SEC. 19. AUTHORITY.

Any person executing this Contract on behalf of the CONTRACTOR warrants and represents that he or she has the authority to execute this Contract on behalf of the CONTRACTOR and has the authority to bind the CONTRACTOR to the performance of its obligations hereunder.

SEC. 20. ENTIRE CONTRACT.

This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Contract between the CITY and the CONTRACTOR. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

SEC. 21. ATTORNEY’S FEES AND COSTS.

If either party to this Contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this Contract, 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

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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.

SEC. 22. INDEPENDENT CONTRACTOR.

The CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY, nor any of its officers, employees or agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTORs’ officers, employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY, nor shall CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Contract.

SEC. 23. NOTICE.

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 shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To CITY: City of Montebello
Attention: Director of Public Works / City Engineer
To CONTRACTOR: ____________________________
____________________________
____________________________
____________________________
SEC. 24. PROHIBITION AGAINST ASSIGNMENT.

The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Contract. Neither this Contract 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 Contract 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.

SEC. 25. CUMULATIVE REMEDIES.

The provisions of this Contract are cumulative and in addition to and not in limitation of any rights or remedies available to CITY.

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SEC. 26. COUNTERPARTS.

This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed on the date next to their respective officers duly authorized signatures in that behalf.

CITY OF MONTEBELLO
By: ___________________________________
Mayor
Date: _________________________________
ATTEST:
______________________________________
City Clerk

APPROVED AS TO FORM
_______________________________________
City Attorney

CONTRACTOR
By:
___________________________________
Date:
__________________________________
By:
___________________________________
Date:
__________________________________

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EXHIBIT “A”

INSURANCE REQUIREMENTS
On or before beginning any of the work called for by any term of this Contract, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of this Contract, and provide proof thereof that is acceptable to CITY of its procurement of the insurance specified below from insurers and under forms of insurance satisfactory in all respects to CITY. Such insurance shall not be in derogation of CONTRACTOR’s obligations to provide indemnity under this Contract.

1. Comprehensive General Liability and Automobile Liability Insurance Coverage.

CONTRACTOR shall carry and maintain Comprehensive General Liability and Automobile Liability Insurance which provides the following:

Minimum coverage: Bodily injury limits of $2,000,000 for each person and $2,000,000 for each occurrence; property damage limits of $2,000,000 for each occurrence, $5,000,000 aggregate.

Products/Completed Operations Hazard Insurance in an amount of not less than FIVE MILLION DOLLARS ($5,000,000);
A combined single limit policy with aggregate limits in an amount of not less than Five MILLION DOLLARS ($5,000,000) shall be considered equivalent to the said required minimum limits set forth herein above.

If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Contract, including the use of owned and nonowned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.

2. Automobile Liability.

CONTRACTOR shall carry and maintain Automobile Liability Insurance which provides a minimum coverage of at least $5,000,000 per accident for bodily injury and property damage.

3. Worker's Compensation.

CONTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Contract by CONTRACTOR. To the extent that CONTRACTOR utilizes any subcontractor for the performance of any part of the work under this Contract, CONTRACTOR shall require and assure that such subcontractor also carry and maintain

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worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Contract.

4. Additional Insureds.

The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policies required by this Contract. An endorsement to this effect shall be delivered to CITY prior to the commencement of any work. Satisfaction of any deductible requirement shall be the responsibility of CONTRACTOR. Such insurance shall be primary and noncontributory with any other insurance maintained by the CITY.

5. Notice of Cancellation.

CONTRACTOR agrees to oblige its insurance agent or broker and insures to provide 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.

6. Severability Clause.

Each of the policies of insurance shall contain a clause substantially as follows:

The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability.

7. Qualifications of Insurer.

All policies of insurance shall be issued by an insurance company acceptable to CITY and authorized to issue said policy in the State of California.

8. Approval of Insurer.

The insurance carrier providing the insurance shall be chosen by CONTRACTOR subject to approval by CITY, provided that such approval shall not be unreasonably withheld.

9. Payment of Premiums.

All premiums on insurance policies shall be paid by CONTRACTOR making payment, when due, directly to the insurance carrier, or in a manner agreed to by CITY.

10. Evidence of Insurance and Claims.

CONTRACTOR shall provide certificates of insurance to CITY as evidence of insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. The CITY’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current certification of insurance shall

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be kept on file with the CITY at all times during the term of this Contract. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

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(Use of City Bond Form is Required)
EXHIBIT “B”

FAITHFUL PERFORMANCE BOND

PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the Principal and the City of Montebello (“Obligee”) have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the ______ day of ____________________, ______ referred to and made a part hereof for __________________________________________________________________________ and all appurtenant work in accordance with Project No. , which agreement requires the Principal to provide Obligee with this bond.

NOW THEREFORE, we, _______________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of _________________________, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, in the sum of _________________________________________________________________ Dollars ($_______________________), lawful money of the United States of America, which is 100% of the amount of the Contract, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its subcontractors shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

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The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

This document is signed by the respective parties on the dates next to their names.

Principal
By: __________________________________
Title: ________________________________
Surety
By: __________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on . , in the City of , State of California.
--OR--
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
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

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-- AND –
(Proof of signature authorization or power of attorney must be attached) APPROVED AS TO FORM:
_________________________
City Attorney

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EXHIBIT “C”
Labor and Materials Payment Bond
(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND

PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ________________________________________, as Principal, has entered into a contract dated ___________________, _____, (the "Contract") with the City of MONTEBELLO (Obligee) referred to and made a part hereof to perform the following work of public improvement, to wit:
_____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________and all appurtenant work in accordance with the plans and specifications for Project No._______, which requires Principal to file this bond to secure claims made under Civil Code Sections 9550-9554..

NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, and all subcontractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of _________________________________________________ Dollars ($_______________________), lawful money of the United States of America, which is 100% of the amount of the Contract, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its subcontractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the Contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not

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exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the Surety shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

This bond shall inure to the benefit of any and all persons, companies and corporations named in Civil Code Section 9100 so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California designated as Title 3, Chapter 5, Payment Bond, commencing with Section 9550 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.

This document is signed by the respective parties on the dates next to their names.

Principal
By: _________________________________
Title: ________________________________
Surety
By: _________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Labor and Materials Payment Bond are true and correct, and that I have been duly authorized to sign this Labor and Materials Payment Bond on behalf of Surety. This Declaration is signed on ______ , in the City of _____, State of California.
--OR--

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

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State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached) APPROVED AS TO FORM:
________________________
City Attorney

APPENDIX “A”

TECHNICAL SPECIFICATIONS

TECHNICAL SPECIFICATIONS FOR

PLAZA DRIVE PAVEMENT REHABILITATION PROJECT

SUPPLEMENTS AND MODIFICATIONS TO
THE 2021 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (SSPWC) THE 2023 CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)

STANDARD SPECIFICATIONS
AND
THE 2014 CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (2014 CA MUTCD) (Revision 8)

SUPPLEMENTS AND MODIFICATIONS TO
THE 2021 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (SSPWC) PART 1 – GENERAL PROVISIONS
The work required to be performed for the completion of the Project shall be performed in accordance with the Standard Specifications for Public Works Construction (SSPWC), 2021 Edition, in so far as the same applies to the Project, the Standard Plans and the Contract Documents.

For the purposes of this Project, Part 1 of the SSPWC, is amended as follows:

SECTION 1 – GENERAL
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 General
Subsection 1-7.1 of the Standard Specifications is hereby replaced with the following:

Within ten working days after the date of the AGENCY’s notice of award, the Contractor shall execute and return the following contract documents to the AGENCY:
 Contract Agreement
 Faithful Performance Bond
 Material and Labor Bond
 Public Liability and Property Damage Insurance Certificate  Worker’s Compensation Insurance Certificate
 Project Schedule
Failure to comply with these requirements will constitute non-responsiveness on the part of the Contractor and will result in annulment of the award by the Agency and forfeiture of the Proposal Guarantee by the Contractor.

The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY official.

A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and of the authority of its officers to sign contracts and bonds for the corporation.

1-7.2 Contract Bonds
The second and third sentences of the third paragraph of Subsection 1.7.2 of the Standard Specifications are hereby deleted and replaced with the following:

The “Payment Bond” (Material and Labor Bond) shall be for not less than 50 percent of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the work. The Payment Bond shall remain in effect until thirty-five days after the date of recordation of the Notice of Completion.

The second sentence of the fourth paragraph of Subsection 1-7.2 of the Standard Specifications is hereby deleted and replaced with the following:

The Faithful Performance Bond (Warranty Bond) shall remain in force until one (1) year of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until thirty-five days after the date of recordation of the Notice of Completion.

SECTION 2 – SCOPE OF THE WORK
2-2 PERMITS
Subsection 2-2 of the Standard Specifications is hereby deleted and replaced with the following:

Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with the State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity.

The Contractor shall pay all costs incurred by the permit requirements.

2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
The following is hereby added to this subsection of the Standard Specifications:
2-5.5 A noise level limit of 86 dba at the distance of fifty feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 2-5.6 All noise producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers, and air inlet silencers where appropriate, in good operating

condition that meet or exceed original factory specifications. Mobile or fixed “package” equipment (e.g. arc-welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment 2-5.7 All mobile or fixed noise producing equipment used on the project, which is regulated for noise output by a local, state, or federal agency, shall comply with such regulation while in the course of project activity
2-5.8 Electrically powered equipment instead of pneumatic or internal combustion powered equipment shall be used, where feasible.
2-5.9 Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practical from residences.
2-5.10 The hours of conventional construction activities shall be restricted to the periods and days permitted by the local noise or other applicable ordinance. In accordance with the City of Montebello Noise Ordinance, these activities include (but are not limited to) construction, noisy maintenance activities, all spoils and material transport, demolition, and grading and are prohibited between the hours of 4:00 p.m. and 8:00 a.m. on weekdays (Monday through Friday), Saturday and Sundays, and legal holidays, except in cases of emergency as determined and approved in writing by the City Engineer.
2-5.11 The use of noise producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only.
2-5.12 No project related public address, paging, two-way radio, or music system shall be audible at any adjacent residence.
2-5.13 The on-site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. An appeal process to the City shall be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor.

2-5.14 The Contractor shall develop a project noise control plan, which shall be approved and implemented prior to commencement of any construction activity.

2-5.15 Noise control features and plans shall be reviewed and approved by a noise control engineering professional.
2-5.16 Contract incentives may be offered to the construction contractor to minimize or eliminate noise complaints resulting from project activities. 2-5.17 The erection of temporary sound wall barriers shall be considered where project activity is unavoidably close to residences.

2-5.18 Caltrans Standard Specifications (Sections 7 and 42) and Standard Special Provisions (that provide limits on construction noise levels) shall be applied and enforced by the City on the project Contractor.
2-5.19 Arrange noisiest operations together in the construction program to avoid continuing periods of annoyance.
2-5.20 If practical, implement project noise abatement features prior to construction.

SECTION 3 – CONTROL OF THE WORK
3-2 SELF PERFORMANCE
The whole paragraph of Subsection 3-2 of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least 50 percent of the Contract Price. The contract labor performed or provided by the Contractor shall amount to at least 25 percent of the total contract labor for the Contract. Contract labor shall exclude the Contractor’s superintendent. Any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount of contract labor, materials, and equipment required to be performed or provided by the Contractor with its own organization. Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the estimated percentage of the Contract Unit or Lump Sum Price, determined from information submitted by the Contractor, subject to approval by the Engineer.

The Contractor with the bid package shall submit a list of all subcontractors intended to perform work on the project. This list shall include the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractors total bid. The prime contractor shall provide a description by bid item number or otherwise fully designate the portion of work to be performed by each subcontractor.
3-7 CONTRACT DOCUMENTS
3-7.1 General.

The following is added to this subsection:

The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and

Specifications, shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.

3-10 SURVEYING
3-10.1 General
This subsection of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor will furnish a Surveyor as required for layout of the work and the resetting of all disturbed monuments.

SECTION 4 – CONTROL OF MATERIALS
4-1 GENERAL
The following is hereby added to this subsection of the Standard Specification:

The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one (1) year after the date of recordation of the Notice of Completion. Within this one-year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. The Contractor shall make all repairs, replacements, and restorations within thirty (30) days after the date of the City Engineer’s written notice. 4-6 TRADE NAMES
The first and second paragraphs of this subsection of the Standard Specifications are hereby replaced with the following:

Although the bidder may believe that by use of a different material than that specified on/in the plans and specifications, a lower cost project/bid may result. The bidder is to bid the project on the basis of using the material(s) as named keeping in mind that all materials named herein by manufacturer is not to prohibit the bidder considering using in his bid what he consider to be an equal material except where the AGENCY has designated a sole product. Once the bids have been opened the successful Contractor may discuss with the AGENCY the use of another product; which may result in a determination by the AGENCY that the other product is equal and possibly that by the AGENCY allowing the use of the Contractor proposed equal that a change in the contract amount may result.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAW AND REGULATIONS
The following is hereby added to this subsection of the Standard Specifications:

The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. In accordance with the labor Code, as provided in Section 1773 et seq., the City has on file in the City Clerk’s office the latest prevailing rates as established by the Director of Industrial Relations of the State of California.

The Contractor shall not pay less than these rates.
5-3 LABOR
5-4 INSURANCE
5-4.2 General Liability Insurance
The liability insurance coverage values are hereby amended to be:

Insurance Coverage Requirements Limit Requirements
Comprehensive General Liability $2,000,000
Product/Completed Operations Hazard $5,000,000
Comprehensive Automobile Liability $5,000,000
Contractual General Liability $1,000,000
Worker’s Compensation Statute
A combined single limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. A pro forma copy of the policy(s) shall be submitted to the City. A certificate of endorsement naming the City and its Agents as additional insured identifying the coverage limits, dates of coverage insurance provided and project number is required.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-3 TIME OF COMPLETION
6-3.1 General
The following is hereby added to this subsection of the Standard Specifications:

All construction work is to be completed within forty-five (45) working days.

The Contractor’s activities shall be confined to the hours between 7:00 a.m. and 3:30 p.m., Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. Should the Contractor choose nighttime work, any and all lighting and traffic control, as needed, shall be provided by the Contractor.
6-9 LIQUIDATED DAMAGES
The liquidated damages value is hereby amended to be $500.00 per day.

SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT
7-3.2 Partial and Final Payment
The text of Subsection 7-3.2 of the Standard Specifications is hereby deleted and replaced with the following:

The closure date for the purpose of making partial progress payments will be on or about the twenty-fifth (25th) day of each month. The Contractor shall prepare the approximate measurement of the work performed through the closure date and submit it to the AGENCY for approval along with an updated construction schedule.

When the work is complete, the Engineer will determine the final quantities of the work performed and prepare the final progress payment.

Payments are commonly authorized and made within forty five days following the last day of the month submitted. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions and any other required documents.

A full five percent (5%) retention will be deducted from all progress payments. The final retention will be authorized for final payment forty-five (45) days after the date of recordation of the Notice of Completion.

The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety of equal value.

At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer or a State or Federally chartered bank as the escrow agent, who shall pay such surety to the Contractor upon satisfactory completion of the contract.

Surety’s eligible for investment shall include those listed in Section 16430 of the State Government Code or bank or savings and loan certificates of deposit.

Any escrow agreement entered into shall contain the following provisions:
(a) The amount of surety to be deposited;
(b) The terms and conditions of conversion to cash in case of default of the Contractor; and
(c) The termination of the escrow upon completion of the contract. 7-3.3 Delivered Materials
This subsection of the Standard Specifications is hereby replaced in its entirety by the following:

Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress partial payment.

Add the following section:
7-6 PAYMENT ITEMS
7-6.1 Bid Item No. 1 – Mobilization (Not to exceed 10% of total of all other Prime Contract Bid Items)
Mobilization and demobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to and from the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor’s personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all non-working days during the construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials. Demobilization includes removal of all equipments and materials from the site, clean up and restoration of the work site at the end of project. This bid item shall also include clearing and grubbing operations preceding and post construction consisting of removing all natural and artificial objectionable materials from the Right-of-Way in construction areas, road approaches and material sites. Clearing and grubbing shall conform to the provision of Section 300-1 of the standard specifications.

Payment for Bid Item No. 1 - Mobilization shall be included in the Lump Sum (LS) Price base is and shall be considered full compensation for obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the City of Montebello; and complying with the requirements specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practices, and incidentals necessary to perform all related items of work. Progress payments for this bid item shall be paid for in accordance with the completion percentage of the project to the Contractor and shall include the cost of such mobilization administration during the entire contract period and demobilization. No additional compensation will be allowed therefor. The sum total of this Bid Item shall not exceed 10% of the total of all other Prime Contract Bid Items.
7-6.2 Bid Item No.2 – Traffic Control
The Contractor shall provide and maintain all construction area traffic controls in accordance with Part 6 of the Standard Specifications, 2014 California Manual of Uniform Traffic Control Devices (CA MUTCD)(Rev. 8), these Special Provisions, and as noted herein.

Payment for Bid Item No. 2 - Traffic Control shall be paid for at the contract unit price per Lump Sum (LS) and shall be considered full compensation and include but not limited to, providing safe traffic control, preparing and providing traffic control plan during the project, obtaining all approvals and permits, as required, from all related agencies, including, but not limited to, the Cities of Montebello and Rosemead and the County of Los Angeles; and complying with the requirements specified in those licenses and permits and these specifications, coordination, field office facility, furnishing all labor, materials, tools, equipment and incidentals and for doing all the traffic control related work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system as specified in the Standard Specifications and these specifications, and as directed by the Engineer; and incidentals necessary to perform all related items of work. The lump sum price shall also include steel plates and temporary AC including installation and removal; all associated temporary signing and striping; flashing arrow signs; portable changeable message boards; flagging and/or flagmen costs; barricades with working flashing beacons for night work; tree light towers for night work; written project notifications; and no additional compensation shall be made.

Monthly progress payments for traffic control will be paid for based on completed working days for the month. Cost per day of traffic control is determined by the Contractor's bid amount for traffic control divided by the number of working days for the entire project. 7-6.3 Bid Item No. 3- Storm Water Pollution Prevention (SWPPP) Best Management Practices (BMP)
This Work includes implementing a Storm Water Pollution Prevention Plan (SWPPP) Best Management Practices (BMP) for the Project. The Work shall comply with the requirements of

Section 3-12.6 “Water Pollution Control” of the Standard Specifications and these Special Provisions.

Best Management Practices (BMP) shall be defined as any program, technology, process, citing criteria, operating method, measure, or device, which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3, Construction BMP Handbook and the Los Angeles County Department of Public Works Best Management Practices Handbook for Construction Activities.

Los Angeles County Department of Public Works
Cashier’s Office
900 South Fremont Avenue
Alhambra, CA 91803
Telephone: 626-458-6959
The Contractor shall have a minimum of two readily accessible copies of each publication on the Contract site at all times plus any copies of applicable environmental mitigation plans.

Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operation. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective.

BMPs for Contractor activities shall be continuously implemented throughout the year and project time period. BMPs for erosion control and sedimentation shall be implemented during the period from October 15 to April 15, and whenever the National Weather Service Predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any Contractor activity or construction operation, which may produce run-off, and whenever run-off from other sources may occur.

The Agency (City), as a permittee thereto, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The Agency will pass through to the Contractor any penalty assessed by these entities for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the Agency will deduct, from the final payment due the Contractor, the total amount of any fines levied on the Agency, plus legal and staff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.

Payment for Bid Item No. 3 - Storm Water Pollution Prevention Plan shall be paid for at the contract unit price per Allowance (ALL) as shown in the bid schedule and shall include full compensation and include but not limited to, furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the Work involved in installing, constructing, maintaining, removing, and disposing of water pollution control practices, including waste and non-storm

water management practices as specified in these Technical Specifications, and as directed by the Engineer and therefore no additional compensation shall be made. 7-6.4 Bid Item No. 4 – Construction Survey
It shall be the responsibility of the Contractor to supply any and all construction surveying and staking required. All surveying shall be performed under the direct supervision of a California Licensed Land Surveyor or a Civil Engineer duly licensed to perform land surveying.

Reestablish Survey Monument and Centerline ties as shown on Contract drawings and as disturbed in the field shall conform to Standard Specification for Public Works Construction Section 309 and as modified below. All work done on monuments shall be recorded and copies thereof filed with the City of Montebello Engineer and the County Surveyor. This work will include all reestablishment of all monuments that are disturbed through the course of completing this project.

A corner record survey shall be completed and filed with the County of Los Angeles Surveyor for each survey monument that the Contractor resets. A copy of each corner record shall be provided to the City Engineer after filing with the County.

Construction Staking consists of furnishing transportation, labor, materials, and equipment to provide surveying and field engineering under the direction of a land surveyor or professional engineer licensed in the State of California. Furnish skilled labor, instrument platforms, ladders and such other temporary structures, required lighting for making and maintaining points and lines in connection with the surveys required.

Construction Staking shall conform to the Standard Specification Section 2-9. Work under this Section includes, but is not limited to, the following:

1. Establish and maintain horizontal and vertical control points from City Engineersupplied benchmarks and baselines.

2. Establish temporary benchmarks.

3. Layout of all work.

4. Construction staking for earthwork and paving work required on the project.

5. Control, staking, and grade checking for all earthworks.

6. Control for construction of reinforcing steel, concrete work, and structural steel work.

7. Maintain records on reproducible contract drawings (ASCII points file) of as-constructed locations of project components and features during the course of the project.

City Engineer reserves the right to check the accuracy of Contractor's survey measurements and calculations. Regardless of whether or not the City Engineer exercises this right, the requirements for Contractor accuracy and adequacy will not be waived.

Copies of all completion survey notes, and other data shall be furnished to the City Engineer prior to beginning work that requires their use.

Prior to completion of Project and when requested by City Engineer, Contractor shall submit a copy of project drawing and certificate signed by California Registered Land Surveyor or Professional Engineer as applicable, that elevations and locations of Work are in conformance with Contract Documents.

Contractor shall set permanent monuments and file “Record of Survey Map”. The contractor shall be responsible to maintain a complete and accurate log of control and survey work as it progresses.

Contractor shall field verify locations of survey control points prior to starting any work on the Project Site. Contractor shall establish and submit to City Engineer any temporary control points as necessary due to construction activity. The Contractor shall notify City Engineer of any discrepancies discovered and resolve prior to starting any work.

The Contractor shall lay out work from the City Engineer's established control points, baselines, ranges and gauges and shall be responsible for all measurements in connection therewith. Furnish, at Contractor's expense, all stakes, templates, platforms, equipment, range markers, and labor as may be required in laying out any part of the Work from the points and lines established by the City Engineer. The Contractor will be held responsible for the execution of the Work to such lines and grades as may be established or indicated by the City Engineer. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks established by the Surveyor/Engineer retained by the Contractor until authorized to remove them. If such marks are destroyed by the Contractor or through negligence prior to their authorized removal, they may be replaced by the City Engineer at City Engineer's discretion. The expense of replacement will be deducted from any amounts due, or to become due, the Contractor.

Surveying shall conform to methods, procedures, and requirements of the Caltrans Survey Manual.

Contractor shall set finish grades at a maximum of 25-ft. intervals for dirt, 25-ft. intervals for rock and at all grade breaks. Contractor shall establish or reestablish baselines and field control points as necessary and provide all basic site engineering to assure accurate locations and elevations for construction. It will be Contractor’s responsibility to verify location and elevation of existing structures and utilities as required for new work.

Control datum for survey may be indicated on Contract Drawings. Contractor shall locate and protect, or replace survey control and reference points, preserve permanent reference points during construction and provide record of survey for replacement at record monument. The Contractor shall report to City Engineer loss or destruction of any reference point or relocation required because of changes in grades or other reasons and replace dislocated survey control points based on original survey control. There will be no changes without prior written notice to City Engineer.

Payment for Construction Survey shall be paid for at the contract unit price per Lump Sum (LS) and shall be considered full compensation for furnishing labor, materials, equipment and removal after construction, and no additional compensation will be allowed therefor. Contractor shall submit electronic files of surveys conducted for Progress Payments with each Pay Request.

7-6.5 Bid Item No. 5 – Full Width Cold Mill (3.5” Depth) Cold milling shall conform to the provisions of Section 302-1 of the Standard Specifications for Public Works Construction. The Contractor shall cold mill existing asphalt concrete (AC) pavement to the depth required for the placement of new pavement as shown on the plans or, as directed by City Engineer. All work shall be completed in accordance with lines and grades, and typical cross-sections shown on the drawings. Any extra cold milling beyond the shown limits not approved by the City Engineer shall be at the Contractor’s expense.

All existing asphalt concrete (AC) pavement to join new construction shall be sawcut in a straight line. Contractor shall exercise due caution to avoid any damage to existing improvements, protecting in-place of existing water mains, sewers, storm drains, meters, valve covers, wall, fences, curbs, fire hydrants, telephone and power poles, and other existing structures.

It is the Contractor’s responsibility to perform whatever additional exploration is necessary to avoid causing any damage to the existing utilities under the work area. Any damage done by the Contractor shall be repaired or replace as called out in Section 7-9 of the Standard Specifications for Public Works Construction at the Contractor’s expense.

This work shall consist of cutting existing asphalt concrete (AC) pavement to facilitate its removal.

Any sawcutting shall be accomplished by the use of a power-driven saw to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until surface course AC is constructed. Under this item, the use of a grinder will not be allowed in lieu of power-driven saw.

During the cold milling operation, the Contractor shall remove all loosened materials from milled areas, haul away and dispose of them at a legal site as specified in Sub-section 300-1.3 of Standard Specifications for Public Works Construction and submit evidence of the proper disposal to the City Engineer. The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with recycled water (if available) or other means as necessary.

Crack Sealing (Not a Bid item)
After the completion of the cold milling operation, ¼” wide cracks and larger shall be cleaned by hot air blowing to provide intact bonding surfaces which are free of moisture and debris. After the cracks have been properly cleaned, they shall be sprayed with an approved soil sterilant, and then filled with SS-1H asphaltic emulsion and sanded. Cracks and pop-outs larger than 1” wide shall be sealed with a D2-SC-800 stockpile mix.

Payment for Bid Item No. 5 – Full Width Cold Mill (3.5” Depth) shall be paid for on a Square Foot (SF) and considered full compensation for furnishing labor, materials, equipment, sawcutting, removals, hauling and disposal of asphalt concrete materials excavated or grinded, grade for the base, crack sealing, compaction and no additional compensation will be allowed therefore.

7-6.6 Bid Item No. 6 – Construct 1.5” AC (TYPE B-PG 64-10) Pavement The Contractor shall be responsible for removing all vegetation from the roadway surface and edge of pavement and sweeping in advance of the overlay operation. The Contractor shall be responsible for furnishing and placing asphalt emulsion tack coat in advance of the overlay as provided in Section 302-5,"Asphalt Concrete Pavement," and Section 302-2.4, "Emulsified Asphalt," of the Standard Specifications for Public Works Construction and these Specification.

This Bid Item includes all labor, materials, and equipment required to prepare pavement for receiving overlay. This includes removing all vegetation from the edge of pavement, sweeping and washing the pavement if required, in advance of the any overlay operation. Also see section “Traffic Striping and Pavement Markings” found elsewhere in these specifications.

A tack coat shall be applied to all concrete or gutter surfaces that will be in contact with the asphalt surfacing and to the compacted subgrade prior to the placement of base course asphalt.

All work shall conform to Section 302-5 and 400-4 of the “Standard Specifications for Public Works Construction” and these Special Provisions.

All materials are subject to testing by the project soil engineer hired by the City.

Asphalt concrete shall be Type B-PG 64-10 for base leveling course. Tack coat shall be Grade SS-1H, per Section 302-5.4 and shall be applied to the perimeter of all AC removal and replacement locations and cold milling locations. (All tack coat overspray on gutter lip shall be removed.)
The Contractor shall use a PG Asphalt Binder.

PG Asphalt binder shall conform to the following requirements:

1. Description
Asphalt shall consist of refined petroleum or a mixture of refined liquid asphalt and refined solid asphalt, prepared from crude petroleum. Asphalt shall be:

A. Free from residues caused by the artificial distillation of coal, coal tar, or paraffin.

B. Free from water.

C. Homogeneous.

2. Materials
A. General

The Contractor shall furnish asphalt in conformance with the State of California Department of Transportation (Caltrans) “Certification Program for Suppliers of Asphalt.” Caltrans maintains the program requirements, procedures, and a list of approved suppliers at: http://www.dot.ca.gov/hq/esc/Translab/fpmcoc.htm.

The Contractor shall ensure the safe transportation, storage, use, and disposal of asphalt. The Contractor shall prevent the formation of carbonized particles caused by overheating asphalt during manufacturing or construction.

B. Grades
Performance graded (PG) asphalt binder shall be PG 64-16 and conform to the following:

Performance Graded Asphalt Binder
Property AASHTO
Test
Method
Specification
Grade
PG
58-22 a
PG
64-10
PG
64-16
PG
64-28
PG
70-10
Original Binder
Flash Point, Minimum ºC T48 230 230 230 230 230
Solubility, Minimum % b T44 99 99 99 99 99
Viscosity at 135ºC, c
Maximum, Pa’s
T316

3.0 3.0 3.0 3.0 3.0
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Minimum G*/sin(delta),
kPa
T315
58 1.00
64 1.00
64 1.00
64 1.00
70 1.00
RTFO Test e,
Mass Loss, Maximum, %
T240

1.00 1.00 1.00 1.00 1.00
RTFO Test Aged Binder
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Minimum G*/sin(delta),
kPa
T315
58 2.20
64 2.20
64 2.20
64 2.20
70 2.20
Ductility at 25ºC
Minimum, cm
T51
75 75 75 75 75
PAV f Aging,
Temperature, ºC
R28
100 100 100 100 100
Notes:

RTFO Test and PAV Aged Binder
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Minimum G*sin(delta),
kPa
T315
22 d
5000
31 d
5000
28 d
5000
22 d
5000
34 d
5000
Creep Stiffness,
Test Temperature, ºC
Maximum S-value, MPa
Minimum M-value
T313
-12
300

0.300
0 300

0.300
-6
300

0.300
-18
300

0.300
0 300

0.300

a. Recommended as asphalt rubber base stock for high mountain and high desert area. b. The Engineer may waive this specification if the supplier is a Quality Supplier as defined by the Caltrans’ “Certification Program for Suppliers of Asphalt.” c. The Engineer may waive this specification if the supplier certifies the asphalt binder can be adequately pumped and mixed at temperatures meeting applicable safety standards.
d. The sample will be tested at 3ºC higher if it fails at the specified test temperature.

G*sin(delta) shall remain 5000 kPa maximum.
e. “RTFO Test” means the asphaltic residue obtained using the Rolling Thin Film Oven Test, AASHTO Test Method T240 or ASTM Designation: D 2827. f. “PAV” means Pressurized Aging Vessel.

C. Sampling
The Contractor’s asphalt supplier shall provide a sampling device in the asphalt feed line connecting the plant storage tanks to the asphalt weighing system or spray bar.

The sampling device shall be accessible between 600 and 750 mm (30 inches) above the platform. The supplier shall provide a receptacle for flushing the sampling device.

The sampling device shall include a valve:
1) With a diameter between 10 and 20 mm.
2) Manufactured in a manner that a one-liter sample may be taken slowly at any time during plant operations.
3) Maintained in good condition.

The Contractor’s supplier shall replace failed valves.

In the presence of the City Engineer, the Contractor’s supplier shall take 2 oneliter samples per operating day. Round friction top containers with one-liter capacity for storing samples shall be provided.

D. Applying Asphalt
Unless otherwise specified, the Contractor shall heat and apply asphalt in conformance with the provisions in Caltrans Standard Specifications Section 93, “Liquid Asphalts.” The Contractor shall apply paving asphalt at a temperature between 120ºC and 190ºC.

The City Engineer will determine the exact temperature of paving asphalt.

At all locations where new asphalt concrete pavement is joining existing asphalt pavement, the Contractor shall sawcut or cold mill existing pavement to provide straight neat lines and place the new asphalt concrete to form a smooth transition.

The Contractor shall be responsible for maintaining location of, and access to, all water line gate valves during construction operations.

Initial or breakdown compaction shall consist of a minimum of three roller passes coverage of a layer of asphalt mixture. A pass shall be a movement of a roller in both directions over the same

path. Coverage shall be as many passes as are necessary to cover the entire width being paved.

Overlap between passes during any coverage made to insure compaction without displacement of material in accordance with good rolling practice shall be considered a part of the coverage being made and not a part of a subsequent coverage. Each coverage shall be completed before subsequent coverage is started. Pneumatic rollers shall not be used without prior approval of the City Engineer. The top AC layer of each lane, once commenced, shall be placed without interruption.

Measurement
The quantities of the Asphalt Concrete AC) to be paid for will be measured by the actual tonnage (tons) of material and no additional compensation will be allowed therefor. The Contractor shall furnish to the City Engineer at the time of delivery of the material on the job site a legible copy of a licensed Weighmaster’s certificate showing gross, tare, and net weights of each truckload of asphalt concrete mixture.

Payment for Bid Item No. 6 – Construct 1.5” AC (TYPE B-PG 64-10) Pavement shall be per the unit price bid per TON and shall shall include full compensation for all surface preparation, including crack cleaning and sealing, soil sterilant, furnishing all labor, materials, tools, equipment, tack coating, hauling, spreading, grading, compacting, disposing, and incidentals for doing all the work involved complete in place.

The City will not compensate the Contractor for any additional costs incurred by change or lack of availability of asphalt binders.

Temporary asphalt concrete work where required by the City Engineer for traffic control or other purposes shall be considered included in the price bid for Traffic Control and no additional compensation will be allowed.

7-6.7 Bid Item No. 7 – Construct 2” ARHM-GG-C Pavement Overlay Asphalt rubber hot mix (ARHM) pavement overlay shall conform to the provisions in Section 203-11 of the Standard Specifications, these Special Provisions, and the Plans. Depth as indicated on the plans.

Payment for Bid Item No. 7- Construct 2” ARHM-GG-C Pavement Overlay shall be paid for at the contract unit price per TON and shall include full compensation and include but not limited to, furnishing all labor, materials, tools, equipment, surface preparation, compaction and incidentals, and for doing all the work involved in overlaying new ARHM-GG pavement complete in place. No additional compensation shall be allowed.
7-6.8 Bid Item No. 8 – Double Adjust Manhole To Grade
This Bid Item shall include all labor, equipment and materials to adjust existing sewer/storm drain/utility manholes/vault covers within the project limits to match finished grade if required.

The work shall be performed in accordance with the provisions of Subsection 301-1.6 and

Subsection 302-5.8 of the Standard Specifications for Public Works Construction and per Standard Plans for Public Works Construction.

All existing covers that can be lowered and raised shall be lowered prior to removal of AC and adjusted to finished grade by the Contractor or by the Utility Owner for the Contractor. For utility frames and covers under the jurisdiction of Verizon, AT&T, Edison, Los Angeles County Flood Control District, Los Angeles County Sanitation Districts, and County Sewer Maintenance Districts, the Contractor shall contact these organizations to arrange for adjustment of their respective facilities a minimum of two (2) working days prior to cold milling/paving operations in accordance with Section 301-1.6 of the Standard Specifications.

The adjustment of existing manholes to finished grade shall be performed after finish paving.

The removal or addition of grade rings shall be required to facilitate adjustment. Frame and covers shall be thoroughly cleaned and reset to finished grade by cutting pavement one foot outside the limits of the frame and cover. Said cut shall be neat and uniform.

Payment for Bid Item No. 8 – Double Adjust Manhole To Grade shall be paid for at the contract unit price per Each (EA) and shall be considered full compensation for labor and furnishing and placing all forms, materials, construction and expansion joints, curing compounds and equipment to complete the construction is considered as included in the price paid, and no additional compensation will be allowed therefor. Where the manhole frame and cover is performed by the utility owner, no compensation will be made to Contractor. 7-6.9 Bid Item No. 9 – Double Adjust Gas Valve to Grade This bid item shall include labor, material, and equipment to double adjust (lower prior to paving and raise after paving) valve box, frame, pipe risers, and covers to new grade. The work shall be performed in accordance with the provisions of Section 402 of the Standard Specifications, these Special Provisions, and the Plans. This work shall also include necessary coordination with Southern California Gas Company including scheduling of inspections and compliance with inspector field notes and recommendations.

Payment for Bid Item No. 9 - Double Adjust of Gas Valve to Grade shall be paid for at the contract unit price per Each (EA) and shall include full compensation and include but not limited to, furnishing all labor, materials, tools, equipment, coordination with Southern California Gas Company (SCG), SCG inspection costs, and incidentals and for doing all the work involved complete in place. No additional compensation shall be allowed.
7-6.10 Bid Item No. 10 – Traffic Signing, Striping and Markings This work shall consist of removing and installing signage, pavement striping, pavement markings, and raised pavement markers as shown on the plans and as directed by the Engineer.

Signing, striping, pavement markings and raised pavement markers shall conform to Section 82 and 84 of the Caltrans Standard Specifications, these Special Provisions and the Plans. Size of

all new signs shall comply with the 2014 CA MUTCD, Revision 8 for the type of road classification.

Payment for Bid Item No. 10 – Traffic Signing, Striping and Markings shall be at the contract bid unit price per Lump Sum (LS) and shall include full compensation and include but not limited to, furnishing all labor, material, tools, equipment, and incidentals for doing the work involved in removing and installing traffic signs (including posts), and removing and installing striping, pavement markings, curb markings and raised pavement markers complete in place. Material includes but is not limited to signs, posts, concrete footings, rebar, fasteners, adhesives, glass beads, thermoplastic material, and paint. No additional compensation shall be allowed. 7-6.11 Bid Item No. 11 – Install Vehicle Detector Loops Bid Item No. 12 – Remove Existing and Install New Vehicle Loop Detector Stub Out Detector loops shall conform to the provisions of Sections 86 and 87 of the Caltrans Standard Specifications and these Special Provisions and the Plans.

Front vehicle detector loops shall be bicycle loops per Los Angeles County Public Works Bicycle/Vehicle Loop Detector Installation Standard Plan. All other loops shall be Type E per Caltrans Standard Plan ES-5B.

Curb termination detail and loop detector configuration shall be as shown on the plans. The end terminating in the controller cabinet shall have the space terminals crimped and soldered to secure connection to terminal and/or splices.

Detector loop slots shall be cut deep enough to have a minimum cover of one inch over the top conductor. Slots must be wide enough to place insulated wire without the use of force to insert.

Water shall be used to clean out slots.

Sealant for inductive loops shall conform to the provisions as specified in Section 86-1.02W and 87-1.03W of the Caltrans Standard Specifications, except that hot melt rubberized asphalt sealant shall not be used.

It shall be the responsibility of the Contractor to layout and mark the pavement surface for all detector loop installations. Loop layouts shall be approved by the Engineer 48 hours prior to installation. As directed by the Engineer, loop lead-in cable and loop wire leads shall be marked to identify the lane of detection served. Loop detector shall be installed within seven working days after the final paving is completed.

The Contractor shall test the detection with a motor-driven cycle; as defined in the California Vehicle Code, which is licensed to street use by the California Department of Motor Vehicles.

The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components, or vehicles designed to activate the sensor will not be permitted. The Contractor shall provide an operator who shall drive the motor-driven cycle through the response to detection area of the detector, at not less than 3 miles

per hour or more than 7 miles per hour. The detector shall provide an indication in response to this test.

The Contractor shall coordinate with the City’s traffic signal technician and City Traffic Engineer to remove the traffic signal from re-call operation and verify full operation per the record traffic signal plan.

Payment for Bid Item No. 11 – Install Vehicle Detector Loops shall be paid for at the contract unit price per Each (EA) and shall include full compensation for all labor, material, tools, equipment, testing, and incidentals, and for doing all the work involved in installing vehicle detector loop. No additional compensation shall be allowed.

Payment for Bid Item No. 12 - Remove Existing and Install New Vehicle Loop Detector Stub Out shall be paid for at the contract unit price per Each (EA) and shall include full compensation for all labor, material, tools, equipment and incidentals, and for doing all the work involved in installing vehicle loop detector stub out, including removal of the existing loop detector stub out. No additional compensation shall be allowed. 7-6.12 Bid Item No. 13 – Furnish and Install Project Construction Signs This work shall consist of furnishing and installing construction project signs as directed by the Engineer. Installing construction signs shall conform to the requirements of the Caltrans Standard Specifications and Section 3-11 of the Standard Specifications, and these Special Provisions.

Contractor shall provide an electronic layout of the construction project sign to the city for review and approval. Contractor shall defer to Appendix C -Project Construction Signs for sign specifications, dimensions, colors and layout.

Payment for Bid Item No. 13 - Furnish and Install Project Construction Signs shall be at the contract bid unit price per Each (EA) and shall include full compensation and include but not limited to, furnishing all labor, material, tools, equipment, and incidentals for doing the work involved in installing construction signs (including posts) complete in place. No additional compensation shall be allowed.

SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
The following is hereby added to this subsection of the Standard Specifications:

No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor for the project in the City if so provided by the Contractor for his own personnel.

PART 2 – CONSTRUCTION MATERIALS
Unless otherwise noted, the provisions below shall supplement those provisions in Part 2 of the Standard Specifications for Public Works Construction.

SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.7 Type “D” Joint Sealant (Hot-Poured Rubber-Asphalt Joint Sealant) Add the following:

After cold milling and prior to the placing of new asphalt, cracks greater than 1/4" will be routed, cleaned and filled with hot asphalt rubber joint and crack sealant. The pavement surface should be warm, dry, and free of any dust, dirt, and deleterious material before applying the crack sealant.

The Contractor shall submit for approval the material they intend to use for crack sealant two (2) weeks prior to its incorporation into the work.

Sealant shall be topped off where settling occurs. Depressed areas adjacent to cracks shall be filled to road level by use of a straight squeegee. Excess material shall be leveled off at all cracks.

Sealant shall be applied according to manufacturer's specifications, using the manufacturer's recommended equipment. Manufacturer's specifications and equipment recommendations shall be furnished to the Engineer prior to construction.

SECTION 203 – BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.1 General
Add the following:

All materials are subject to testing by the City.

Asphalt concrete pavement shall be Type B-PG 64-10. The asphalt concrete mix design and material list and source shall be submitted to the Engineer for approval a minimum of ten (10) working days prior to use.
203-11 ASPHALT RUBBER HOT MIX (ARHM)
203-11.1 General
Add the following:

ARHM shall be type ARHM-GG.

SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS,

AND PAVEMENT MARKERS
214-1 GENERAL
Replace the entire section with the following:

Traffic signs, striping, pavement markings, and raised pavement markers, shall conform to Sections 82 and 84 of the Caltrans Standard Specifications and these Special Provisions. 214-6 PAVEMENT MARKERS
214-6.1 Types of Markers
Replace the first sentence of the first paragraph with the following:

Pavement markers shall conform to the following types as shown on Caltrans Standard Plans A20A through A20D.

Add the following:

The type or types to be installed shall be those required as shown on the respective “detail” on Caltrans Standard Plans A20A through A20D.
214-6.3 Non- Reflective Pavement Markers
214-6.3.1 General.

Replace the first sentence with the following:

Non-reflective pavement markers shall be either ceramic or plastic. 214-6.3.3 Plastic Non-Reflective Pavement Markers.

Replace the entire subsection with the following:

Plastic non-reflective pavement markers shall be either polypropylene or ABS plastic. 214-6.4 Retroreflective Pavement Markers
214-6.4.1 General.

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

The exterior surface of the shell shall be smooth and the marker shall contain 1 or 2 methyl methacrylate prismatic reflector faces of the number, geometry, and color shown for the respective type on Caltrans Standard Plans A20A through A20D and as shown on the Plans.

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

The color of the reflector faces, when illuminated by the white light from a sealed-beam automobile headlight as defined in the Society of Automotive Engineers (SAE) Standard J 578, shall be clear, yellow, blue, or red color as shown for the respective type on Caltrans Standard Plans A20A through A20D.
214-7 ADHESIVES FOR PAVEMENT MARKERS
214-7.1 General
Replace the last sentence of the first paragraph with the following:

The type of adhesive to be applied shall be either rapid-set epoxy, standard-set epoxy, or hot-melt bituminous except as follows:
a) pavement markers applied in pavement recesses shall be applied with hot melt bituminous adhesive, and
b) epoxy adhesive shall not be used to apply plastic non-reflective pavement markers.

Add the following section:

SECTION 219 - TRAFFIC SIGNING
219-1 GENERAL
All signing shall conform to the California Manual on Uniform Traffic Control Devices (California MUTCD), 2014 edition (revision 8).
219-1.2 Submittals
The Contractor shall submit shop drawings for signs and sign post materials to the Engineer in accordance with subsection 3-8.

The Contractor shall, at the end of the project, submit an electronic sign inventory table in accordance with subsection 315-1.7.
219-2 SIGNS
219-2.1 Material
219-2.1.1 Metal

The base metal shall be new aluminum alloy single-sheet stock of 6061-T6 or 5052-H38, conforming to ASTM Specification, B209-02, and shall be free of all corrosion and dirt. The thickness shall be either 0.063-inches or 0.080-inches.

Sign panels shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. The surface of all sign panels shall be flat. 219-2.1.2 Sheeting

1. ASTM Types III & IV, High-Intensity Prismatic sheeting shall be used on all warning, guide, and regulatory signs (except mast arm regulatory, critical warning signs such as horizontal alignment, advisory speed, speed reduction, and W4-2, W9-1, and W14-3 of the merging and passing category signs).

2. ASTM Type XI, Diamond-Grade DG3 sheeting shall be used on all mast arm street name, ground mounted street name, and mast arm regulatory signs.

3. ASTM Type XI, Diamond-Grade DG3 fluorescent-orange sheeting shall be used on all temporary traffic control signs.

4. ASTM Type XI, Diamond-Grade DG3 fluorescent-yellow sheeting shall be used on all critical warning signs such as horizontal alignment, advisory speed, speed reduction, and W4-2, W9-1, and W14-3 of the merging and passing category signs.

5. ASTM Type XI, Diamond-Grade DG3 fluorescent yellow green shall be used on all pedestrian crossings, bicycle crossings, and school zones. 219-2.2 Sign Identification
All signs shall be properly marked with an ID legend.

An identification legend reading: "CITY OF MONTEBELLO," shall be placed on the back of the sign. The identification shall be placed near the right-hand edge of the sign viewed from the rear and in an area not obscured by frame member or sign post. The identification legend shall be a minimum of 1-inch in height. The method of application shall receive prior approval by the Agency.
219-2.3 Anti-Graffiti
All signs shall be produced with premium anti-graffiti film and shall be marked with a "G2", on the bottom margin of the sign before applying the film. 219-2.4 Panel Size and Thickness

Diamond shape less than 48"x48"x.063” no frame; 48"x48"x.080” no frame; 60"x60", 72"x72", and 96"x96"x.080” with frames.

Rectangle shape with length up to 47"x.063” no frame; 48" to 55"x.080” no frame.

Panel sizes shall be per the California MUTCD, 2014 Edition (revision 8). 219-3 SIGN POSTS.
219-3.1 General
219-3.2 Material
Steel posts shall conform to the Standard specification for hot rolled carbon sheet steel, structural quality, ASTM designation A1011, Grade 50. The average minimum yield strength after cold forming shall be 60,000 psi.
219-3.2.1 Shape
The cross section of the post shall be square tube formed of 10 gauge and 12 gauge steel, carefully rolled to size, and shall be welded directly in the corner by high frequency resistance welding and externally scarfed to agree with corner radii.
219-3.2.2 Finish
Signposts shall be manufactured from hot-dipped galvanized steel conforming to ASTM A653, G90, structural quality, Grade 50, Class 1. The corner weld shall be zinc coated after the scarfing operation. The steel shall also be coated with a chromate conversion coating and a clear organic polymer topcoat. Both the interior and exterior of the post shall be galvanized. 219-3.2.3 Cross Section
Perforated sign posts shall be one or more of the following sizes:

Size U.S.S. Gauge Weight(lbs/foot)
1 ½” x 1 ½” 12 1.70
1 ¾” x 1 ¾” 12 2.06
2” x 2” 12 2.42
2 ¼” x 2 ¼” 12 2.77
2 ½” x 2 ½” 12 3.14
2 3/16” x 2 3/16” 10 3.43
2 ½” x 2 ½” 10 4.01
3” x 3” 7 6.91
219-3.2.4 Holes

Holes shall be 7/16 inch in diameter + 1/64 inch on 1 inch centers on all four sides down the entire length of the post. On square tubing, holes shall be on centerline of each side in true alignment and opposite each other directly and diagonally.
219-3.2.5 Length
The length of each post shall be 12 feet + ¼” inch.
219-3.2.6 Telescoping Properties
The finished posts shall be straight and have a smooth, uniform finish. Consecutive post sizes shall be capable of a slip fit (telescoping) for not less than ten feet of their length without the necessity of matching any particular face to any other face. All holes and ends shall be free from burrs and ends shall be cut square.
219-3.2.7 Tolerances
Tolerances on outside sizes:

Nominal Outside Outside Tolerances at
Dimensions All Sides at Corners
1 ½” x 1 ½” +.006”
1 ¾” x 1 ¾” +.008”
2” x 2” +.008”
2 ¼” x 2 ¼” +.010”
2 ½” x 2 ½” +.010”
2 3/16” x 2 3/16” +.010”

Measurements from outside dimensions shall be made at least 2” from the end of tube.

Wall Thickness Tolerances: The permissible variation in wall thickness is +.011”, -.005”.

Convexity and Concavity. Measured in the center of the flat sides, tolerance in + 010”, determined at the corner.

Squareness of Sides and Twist:

Nominal Outside Squareness Twist Permissible
Dimensions Tolerance in 3’ Length
1 ½” x 1 ½” +.009” .050”
1 ¾” x 1 ¾” +.010” .062”
2” x 2” +.012” .062”
2 ¼” x 2 ¼” +.014” .062”
2 ½” x 2 ½” +.015” .075”
2 3/16” x 2 3/16” +.014” .062”

Straightness Tolerance. Permissible variation in straightness is 1/16” in 3 feet.

Corner Radii. Standard outside corner radius shall be 5/32” + 1/64”. 219-3.3 Hardware
219-3.3.1 Drive Rivets
The drive rivets shall be made such that they can be used for fastening a wide variety of materials as a through fastener, clinching behind metal sheets, or fastening blind into wood and other materials of low density. The drive rivets shall be tamper proof and shall have multi-grip capability.

The drive rivets shall be easily installed using a common hammer or a small, lightweight pneumatic riveting hammer. Three blows of the set shall be sufficient to drive the pin easily and quickly.

Drive rivets shall be removed by driving the pin through with a nail or punch. The rivet shall then be removed by prying under the head with a screwdriver or the head drilled or sheared off.

Drive rivets shall meet the following dimensions:

Head Diameter: 0.875”
Pin Diameter: 0.375”
Head Thickness: 0.180”

The entire rivet shall be made of steel.
219-3.3.2 Multi-Directional Stabilizer Sleeve
The stabilizer sleeves shall meet the following and be available in various sizes to match the sign post.

PART 3 – CONSTRUCTION METHODS
Unless otherwise noted, the provisions below shall supplement those provisions in Part 3 of the Standard Specifications for Public Works Construction.

SECTION 302 – ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
Add the following:

Asphalt concrete base course shall be of the thickness as shown on the plans.

Base course asphalt shall be placed on the prepared subgrade by approved spreading devices, which will deposit a uniform layer of materials. Surface course shall be placed in one lift with an approved self-propelled asphalt paver. Any surface irregularities will be corrected in the aforementioned manner as directed.

If in the opinion of the Engineer, a satisfactory riding surface cannot be attained on the surface course, the Contractor shall be required to spot dump, grade, and roll or heat and plane off asphalt concrete following placement of base course to the satisfaction of the Engineer.

Automatic screed control system with minimum 30 feet long ski device shall be used. The ski device shall be a rigid one-piece unit and entire length shall be utilized in activating the sensor.

Tarpaulin shall be used to cover all loads when directed by the Engineer.

In lieu of the Standard Specifications in place, density shall be achieved by utilizing the compaction method as specified in Section 39-2.01C(2) of the Caltrans Standard Specifications, as modified as follows and no compaction testing will be required.

A pass shall be one movement of a roller in either direction. Coverage shall be as many passes as are necessary to cover the entire width being paved. Overlap between passes during any coverage, made to insure compaction without displacement of material in accordance with good rolling practice, shall be considered to be part of the coverage being made and not part of a subsequent coverage. Each coverage shall be completed before subsequent coverages are started.

Rolling shall commence at the lower edge and shall progress toward the highest portion, except when compacting layers which exceed 0.25 foot in compacted thickness and if directed by the Engineer, rolling shall commence at the center and shall progress outwards.

All other asphalt concrete and asphalt concrete base shall be compacted as follows:

Initial or breakdown compaction shall consist of 3 coverages of a layer of asphalt mixture and shall

be performed with a 2-axle or 3-axle tandem or a 3-wheel roller weighing not less than 12 tons.

Where the thickness of the layer of asphalt mixture is less than 0.15 foot, fewer coverages than specified above may be ordered by the Engineer if necessary to prevent damage to the layer being compacted.

The initial or breakdown compaction shall be followed immediately by additional rolling consisting of 3 coverages with a pneumatic-tired roller. Coverages with a pneumatic-tired roller shall start when the temperature of the mixture is as high as practicable, preferably above 180°F., and shall be completed while the temperature of the mixture is at or above 150°F.

Each layer of asphalt concrete and asphalt concrete base shall be compacted additionally without delay by a final rolling consisting of not less than one coverage with a steel-tired roller weighing not less than 8 tons. A separate finish roller will be required, except as otherwise provided for low rates of production. Rolling shall be performed so that cracking, shoving or displacement will be avoided.

Rolling, where 3-axle tandem rollers may be used and shall be under the control of the Engineer, but in general, no 3-axle tandem roller shall be used in rolling over a crown or on warped sections when the center axle is in the locked position.

After final rolling, no vehicular traffic of any kind shall be permitted on the pavement until it has cooled and hardened and in no case less than 6 hours.

No alternative compacting equipment will be approved. Upon completion of rolling operations, if ordered by the Engineer, the asphalt concrete or asphalt concrete base shall be cooled by applying water. Applying water shall conform to the provisions in Section 10-6 of the Caltrans Standard Specifications.

The completed surfacing shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, or irregularities. Any ridges, indentations or other objectionable marks left in the surface of the asphalt concrete by blading or other equipment shall be eliminated by rolling or other means. The use of any equipment that leaves ridges, indentations, or other objectionable marks in the asphalt concrete shall be discontinued, and acceptable equipment shall be furnished by the Contractor.

When a straight edge 12-feet long is laid on the finished surface and parallel with the centerline, the surface shall not vary more than 0.01 foot from the lower edge of the straightedge. The transverse slope of the finished surface shall be uniform to a degree such that no depressions greater than 0.02 foot are present when tested with a straight edge 12 feet long laid in a direction transverse to the centerline and extending from edge to edge of a 12-feet traffic lane.

Pavement thickness shall be as indicated on the Plans. The joints between old and new pavements or between successive days’ work shall be carefully made in such manner as to ensure a continuous bond between old and new sections of the course. Edges of existing pavement shall be exposed and cleaned and edges cut to straight, vertical surfaces. All joints shall be painted with a uniform coat of tack coat before the fresh mixture is applied.

The tack coat between overlays or between overlay and existing pavement shall be an RS-1 undiluted emulsified asphalt product. Tack coat shall be applied per Section 203-3 of the Standard Specifications and shall be applied at the approximate rate of 0.10 gallons per square yard. A tack coat shall also be applied to all vertical surfaces of existing pavement and curbs and gutters against which additional materials are to be placed.
302-9 ASPHALT RUBBER HOT MIX (ARHM)
302-9.1 General
Add the following:

Asphalt concrete surface course shall be Asphalt Rubber Hot Mix, ARHM-GG, wet process, as specified in Section 203-11 and 302-9 of the Standard Specifications and these Special Provisions.

The Contractor shall place all ARHM continuously along the entire corridor. ARHM shall not be installed in sections.

Prior to placing the ARHM overlay all cracks, areas identified greater than or equal to 1/4 inch in width shall be filled with crack filler and sprayed with soil sterilant. The pavement surface should be warm, dry, and free of any dust, dirt, and deleterious material before applying the crack sealant.

The crack sealant shall be a Type “D” Joint Sealant per Section 201-3.7 of the Standard Specifications and these Special Provisions, and shall be ROADSAVER II by Crafto or approved equal. The Contractor shall submit for approval the material he intends to use for crack sealant two (2) weeks prior to its incorporation into the work.

Soil Sterilant:

Soil Sterilant shall be “Poly-Bor Chlorate” or Monbar Chlorate” (U.S. Borax and Chemical Corporation, or approved equal), applied in solution of one (1) pound of chemical to one (1) gallon of water at least 10 days prior to placing of the asphalt concrete overlay. The sterilant shall be applied to cracks larger than 1/4” with a paddle agitator spray rig. The Contractor shall provide all necessary protection to prevent injury to animals or adjacent plant life and property occasioned by the application of the soil sterilant. The Contractor will be held responsible for all personal injury or property damage caused by the application or storage of soil sterilant.

Tack Coat:

Prior to placement of any asphaltic paving course over an existing hard surfaced pavement, a uniform tack coat of SS-lh asphaltic emulsion shall be applied at the rate of 0.10 gallons per square yard. Prior to the placement of asphaltic material on natural ground or compacted fill the Contractor shall apply weed killer to the satisfaction of the Engineer. The tack coat shall not be applied until the preparation

of the existing surface has been completed, and then only so far in advance of placing the asphalt concrete surface course as permitted by the Engineer. No tack coat shall be left exposed overnight. Immediately in advance of placing the asphalt concrete surface course additional tack coat shall be applied, as directed by the Engineer to areas where the tack coat has been destroyed or otherwise rendered ineffective, and no additional compensation will be allowed for such work.

Existing concrete gutter and curb faces shall be protected against disfigurement from the asphalt.

Residue of the material shall be removed from gutter and curb faces by sandblasting to the extent required by the Engineer.

The tack coat shall be applied as specified in Section 302-5.4 of the Standard Specifications and these Special Provisions. The Engineer will determine if the pavement is sufficiently dry for the application of the tack coat. Tack coat shall not be applied when the temperature of the surface to be tacked is below 40 degrees F in the shade.

Joint lines between successive runs by paving operation shall be within 6 inches of lane lines and a minimum 12 feet outside of the outermost lane line.

The work shall further consist of preparing the existing street surfaces prior to the paving. Such work shall include controlling nuisance water, sweeping, watering, and removing loose and broken asphalt concrete pavement and foreign material as specified in the Standard Specifications and these Special Provisions and as required by the Engineer. 302-9.3 Distribution and Spreading
Modify subsection as follows:

Asphalt rubber binder shall be at a temperature not less than 375° F or more than 425°F when added to the aggregate. The temperature of the aggregate shall not be less than 375° F at the time of adding the asphalt rubber binder.
302-9.7 Rock Dust Blotter
Modify subsection as follows:

Rock dust blotter per this section shall be required and applied at the rate of 3 pounds per square yard regardless of the pavement temperature.

SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND

PAVEMENT MARKERS
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General

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

The Contractor shall remove existing painted and thermoplastic traffic striping and pavement markings by grinding.

Replace the second paragraph with the following:

Curb markings shall be painted over as shown on the Plans. 314-2.2 Measurement
Replace the entire subsection with the following:

No measurement for payment will be made for the removal of traffic striping and curb and pavement markings.
314-2.3 Payment

Replace the entire subsection with the following:

No separate or additional payment will be made for the removal of traffic striping and curb and pavement markings. Payment shall be considered as included in the lump sum Bid price for, “TRAFFIC SIGNING, STRIPING, AND MARKINGS.”
314-3 REMOVAL OF PAVEMENT MARKERS
314-3.1 General
Add the following:

The Contractor shall remove existing pavement markers and repair the voids in the pavement as directed by the Engineer.
314-3.2 Measurement
Replace the entire subsection with the following:

No measurement for payment will be made for the removal of pavement markers. 314-3.3 Payment
Replace the entire subsection with the following:

No separate or additional payment will be made for the removal of pavement markers. Payment shall be considered as included in the lump sum Bid price for, “TRAFFIC SIGNING, STRIPING, AND MARKINGS.”
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT

MARKINGS
314-4.1 General
Add the following:

Striping and marking details (nomenclature) referenced on the Plans shall conform to Caltrans Standard Plans A20A through A20D and Caltrans Standard Plans A24A through A24H referenced on the Plans.
314-4.2 Control of Alignment and Layout
314-4.2.1 General
Add the following:

Alignment and layout shall conform to the dimensions and details shown on the Plans. 314-4.3 Painted Traffic Striping and Curb and Pavement Markings 314-4.3.6 Measurement
Replace the entire subsection with the following:

No measurement for payment will be made for the removal of traffic striping and curb and pavement markings.
314-4.3.7 Payment
Replace the entire subsection with the following:

No separate or additional payment will be made for painted traffic striping and curb and pavement markings. Payment shall be considered as included in the lump sum Bid price for, “TRAFFIC SIGNING, STRIPING, AND MARKINGS.”
314-4.4 Thermoplastic Traffic Striping
314-4.4.5 Measurement.

Replace the entire subsection with the following:

No measurement for payment will be made for thermoplastic traffic striping. 314-4.4.6 Payment
Replace the entire subsection with the following:

No separate or additional payment will be made for thermoplastic traffic striping. Payment shall be considered as included in the lump sum Bid price for, “TRAFFIC SIGNING, STRIPING, AND MARKINGS.”
314-5 PAVEMENT MARKERS.
314-5.6 Measurement
Replace the entire subsection with the following:

No measurement for payment will be made for pavement markers. 314-5.7 Payment
Replace the entire subsection with the following:

No separate or additional payment will be made for pavement markers. Payment shall be considered as included in the lump sum Bid price for, “TRAFFIC SIGNING, STRIPING, AND MARKINGS.”
Add the following section:

SECTION 315 - TRAFFIC SIGNING
315-1 SIGN POSTS.
315-1.1 General.

The Work shall consist of furnishing and installing, relocating, or removing one or more traffic signs as shown on the Plans.

Incidental parts that are not shown on the Plans or specified in the (California MUTCD), 2014 edition and are necessary to complete the work, shall be furnished and installed as though such parts were shown on the Plans or California MUTCD, 2014 edition.

Payment for furnishing the list of equipment and materials, material samples and corrected Plans shall be considered in the Contract Unit Price in the Bid for the equipment, labor, and materials.

315-1.2 Maintenance of Existing Equipment

The contractor, during the progress of the Work, shall maintain existing traffic signing. 315-1.3 Coordination with Serving Utility
315-1.3.1 General
The Contractor shall inspect the location of each post for safety clearances required. The Contractor shall be responsible for the necessary coordination with the serving utility.

The Contractor shall take the serving utility’s schedule into account in preparing the construction schedule.

Coordination with the serving utility shall be shown as individual activities on the construction schedule.

As-Built plans shall be submitted to the Engineer for any signs not installed at the recommended locations.
315-1.3.2 Payment
Payment for coordinating with the serving utility shall be considered as included in the lump sum Bid price for, “TRAFFIC SIGNING, STRIPING, AND MARKINGS.” 315-1.4 Damage to Existing Equipment
Should any damage to existing equipment occur, which is not part of the work shown on the Plans, the Contractor shall immediately notify the Engineer and arrange for the immediate repair and restoration of service. The Contractor shall commence repairs or replacements within 24 hours of damaging the equipment or receiving approval of the equipment and materials by the Engineer, whichever takes longer. Equipment and materials used for repairs or replacement shall conform to 219 and be approved by the Engineer.

315-1.5 Installation
The square end of the post shall not be modified or pointed, but shall be capable of being driven into the ground by the using Agency with the use of an approved driving cap. See Figure 1, Sign Post Installation, included at the end of this Section S.

315-1.5.1 Installation Details
A 2-1/2”x2-1/2”x18” sleeve, and 2-1/4”x2-1/4”x30” anchor shall be used in combination as the anchor for every sign post.

The anchor and sleeve combination shall be driven in with between 2” and 3” left above ground level.

The sign post shall slide 4” into the anchor.

Rivets with fiber washers shall be used to attach traffic signs to the sign posts.

Signs greater than 1,600 sq. in. shall be installed on a 2-1/2”x2-1/2” crashworthy telescopic galvanized tubular steel post with pre-punched holes along its length. The post shall be installed in a 3”x3”x36” anchor.

The minimum height of signs installed at the side of the road shall be 5 feet measured vertically from the bottom of the sign to the top of the curb or pavement. The minimum height of signs shall be 7 feet where parking or pedestrian movements are likely to occur, or where view of sign might be obstructed.
315-1.6 Bracing
The square end of the post shall not be modified or pointed, but shall be capable of being driven into.

For oversized signs, the signs shall be braced to the posts with a steel brace to prevent wind damage.
315-2 MEASUREMENT AND PAYMENT
Full compensation for furnishing and installing the identification legend markings shall be considered as included in the Contract Unit Price in the Bid for “TRAFFIC SIGNING, STRIPING, AND MARKINGS” and no separate payments will be made therefor.

Full assemblies for sign installation including drive rivets, bracing, straps and saddle brackets, screws, bolts, and washers as specified in 315-1.5 of these Special Provisions shall be considered as sign panel fastening hardware. Full compensation for furnishing and installing sign panel fastening hardware shall be considered as included in the Contract Unit Price in the Bid for “TRAFFIC SIGNING, STRIPING, AND MARKINGS” and no separate payment will be made therefor.

The payment shall include full compensation for labor, materials, tools, equipment, and incidentals and for doing all work involved in the installation of roadside signs, complete in place, as shown on the Plans, as specified in these Special Provisions, and as directed by the Engineer.

Full assemblies for post installation including anchor and stabilizer sleeves as specified in 315-1.5 of these Special Provisions shall be considered as post installation hardware. Full compensation of post installation, post foundation, and post installation hardware shall be considered included in

the Contract Unit Price in the Bid for “TRAFFIC SIGNING, STRIPING, AND MARKINGS” and no separate payments will be made therefor.

Existing signs shown on the Plans to be removed shall include the removal of sign posts as necessary, unless other existing signs are to remain in place on the same post at the same location.

All signs and posts removed shall become the property of the Contractor and shall be disposed of in accordance with the Specifications. Full compensation for removal of sign posts and attached signs complete shall be considered as included in the Contract Unit Price in the Bid for” TRAFFIC SIGNING, STRIPING, AND MARKINGS” and no separate payments will be made therefor.

FIGURE 1

SIGN BRACE ON STEEL TUBE
WIND BRACE, 36” GALV. MILD STEEL, HOT DIPPED
FIGURE 2
SECTION 400 – PROTECTION AND RESTORATION

PART 4 – EXISTING IMPROVEMENTS
Unless otherwise noted, the provisions below shall supplement those provisions in Part 4 of the Standard Specifications for Public Works Construction.
400-1 GENERAL
The second paragraph of Subsection 400-1 of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor shall relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of the operations or as required by the Plans and Specifications.

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.

Reallocations, repairs, replacements or re-establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified.

The last paragraph of Subsection 400-1 of the Standard Specifications is hereby deleted and replaced with the following:

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re-establishing existing improvements shall be included in the bid. 400-2 PERMANENT SURVEY MARKERS
The following is added after the first paragraph of this subsection of the Standard Specifications:

The Contractor shall reset disturbed monuments and provide a copy of a Corner Record Survey filed with the County Surveyor and to the City Engineer. Corner Record Surveys shall be completed by a Surveyor licensed in the State of California to practice surveying.

SECTION 401 – REMOVAL
401-1 GENERAL
Add the following:

During construction and excavation, soft and unstable subgrade is expected to be encountered. The City's soils engineer shall determine the method of stabilizing these areas. The use of stompers will not be allowed for any portion of work on the project.

Light weight tracked type equipment shall be used to accomplish stabilization of unsuitable subgrade.

Removals shall consist of the sawcut and removal of all materials, regardless of character, necessary for the construction of the project as shown or indicated on the plans and specifications.

All existing pavement joining new construction shall be sawcut in a straight line, to the limits as shown on the Plans or as instructed by the Engineer. All joins to existing conditions shall be constructed to provide a smooth transition between the new pavement and existing pavement.

Sawcutting of concrete shall be accomplished by the use of a power driven saw. The depth of cut shall be deep enough to produce a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. Waste material from sawcut operations shall be broom cleaned or vacuumed, and disposed of in accordance with section entitled "Recycling of Materials" in Section V of these Specifications. Cleaning of sawcut area by washing and directing waste to public storm drains shall not be permitted.

Contractor shall exercise due caution to avoid any damage to the existing utilities and improvements to be protected in-place. Any damage caused by Contractor and/or his equipment shall be repaired or replaced as called out in Section 400 of the Standard Specifications at Contractor's expense.

The Contractor shall scan the work area using a metal detector of adequate strength prior to any sawcutting, excavation or grinding of the existing pavement. Contractor shall be responsible for locating and protecting manhole, water valve, utility access frames and covers or other metal appurtenances buried below the existing pavement surface whether shown on the plans or not.

Existing concrete and miscellaneous removals shall be immediately removed from the project site and disposed of by the Contractor at his own expense at a legal dump and/or recycling site.

Removal areas shall be adequately barricaded to the satisfaction of the Engineer. Removal areas of 4 L.F. or less shall have one lighted flashing barricade, and areas greater than 4 L.F. shall have a flashing barricade at each end.

The Contractor shall take particular care when removing existing sidewalk, and curb & gutter to prevent damage to existing lawns, landscaping and sprinkler systems, and above or below ground structures/utilities. Any damage to existing lawns and landscaping or existing sprinkler systems shall be repaired within 48 hours at the Contractor’s expense.

The Contractor shall be responsible for any damage to existing trees, landscaping, concrete, above and below ground structures, utilities, pavements and curbs as a result of his operations, and will be required to repair or replace same at his own expense to the satisfaction of the Engineer.

All patching and repair work for any removals shall be to the original condition unless directed otherwise by the City.

Historic items, relics, antiques, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, and other items of interest or value to Owner that may be uncovered during demolition remain the property of Owner. Carefully salvage in a manner to prevent damage and promptly return to Owner.

SECTION 402 – UTILITIES
402-1 LOCATION
The following is hereby added to this subsection of the Standard Specifications:

The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate.

It shall be the Contractor’s responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall excavate and expose all high-risk underground facilities. The Contractor shall notify the owners of all known utilities and substructures as set forth in the Specifications.

SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION
403-3 MANHOLES IN ASPHALT CONCRETE PAVEMENT
Add the following:

Where shown on the Plans or required by the Engineer, the Contractor shall double adjust (lower prior to paving and raise after paving) manhole frame, pipe risers, and covers to match finished grades.

All manholes will be raised within 24 hours of paving.

The Contractor shall coordinate the work under this item with the work specified under other parts of these specifications and the serving utility company’s requirements.

SECTION 404 – COLD MILLING
404-1 GENERAL
Add the following:

Existing asphalt concrete shall be milled at the locations and to the dimensions shown on the plans and in accordance with these Special Provisions. The milling of asphalt concrete will only be permitted to take place immediately prior to paving.

It is anticipated, due to the large amounts of milling to be performed, that traffic will be transferred onto milled surfaces for short intervals prior to placement of the asphalt concrete. The milled surfaces to receive traffic must have an approved satisfactory driving surface before traffic will be allowed to resume use. Abrupt changes in surface elevation of greater than 3/8 inch (10 mm) will not be allowed. Therefore, where milling depths as shown on the plans exceed 3/8-inch (10 mm) in depth, a tapered mill perpendicular to the direction of travel, at the rate of one 1-inch (25 mm) per five (5) feet (1500 mm), shall be required until the specified depth of mill is reached.

Abrupt changes in the pavement surface elevation in the longitudinal direction (parallel to the direction of travel) shall not be allowed. A minimum of three (3) foot (900 mm) transition is required for longitudinal grade differences over 3/8 inch (10 mm).

After cold milling, the Contractor shall meet with the City’s representative in the field to designate local soft areas and areas where the pavement condition is deteriorated for complete removal and replacement with full depth asphalt. The replacement of the removed areas shall be performed prior to opening the impacted area to traffic.

Upon completion of milling operations, the Contractor shall place hot mix AC to reduce the lip where wheelchair access ramps are located to assist use by handicapped persons. The hot mix will then be removed no sooner than 24 hours prior to paving.

Both the perpendicular and parallel temporary taper transition may be achieved by over milling outside of the specified full depth mill limits or by using a full depth mill inside the specified full depth mill limits followed by a temporary asphalt concrete ramp. The temporary asphalt concrete ramp must be removed just prior to the actual asphalt concrete base course placement. Adherence to all of the preceding temporary pavement surface maintenance requirements shall be absorbed into the unit costs for the various mills. No additional compensation shall be allowed.

All milled material shall become the property of the Contractor.

PART 6 – TEMPORARY TRAFFIC CONTROL
Unless otherwise noted, the provisions below shall supplement those provisions in Part 6 of the Standard Specifications for Public Works Construction.

SECTION 600 - ACCESS
600-1 GENERAL
Add the following:

At least 24 hours in advance of closing or restricting access to any property, the Contractor shall notify the owner or resident of said property. A copy of said notification shall be provided to the Engineer. The Contractor shall conduct its operations, including those of its subcontractors and suppliers, so as to provide reasonable access to the adjacent properties and have no greater length or quantity of work under construction than can be properly prosecuted with a minimum of inconvenience to the public and other contractors engaged on adjacent or related work. 600-2 VEHICULAR ACCESS
Add the following:

Vehicular access to properties within the vicinity of the Work, for the purpose of waste collection, shall be maintained for the duration of the Project. Any temporary changes in the frequency of collection or the collection day(s), requested by the Contractor for their operations, must be agreed upon by the service provider and approved by the Engineer. Once approved, the Contractor shall notify all affected properties at least 14 Days in advance of the change in the waste collection schedule. A second notice shall be posted 1 Day prior to the change in the waste collection schedule. Waste collection map(s), including service provider contact information, will be provided to the Contractor after award of the Contract.

Unless the Contractor makes other arrangements satisfactory to the Engineer and the owners, the following shall also apply to business establishments:
a) For each establishment (such as, but not limited to, gas stations, markets and other "drive in" businesses) on the corner of an intersection that has a driveway (or driveways) on each intersecting street, the Contractor shall provide vehicular access to at least one driveway on each intersecting street unless otherwise approved in writing by the Engineer. b) For each establishment (such as but not limited to motels, parking lots and garages) which has a one way traffic pattern with the appropriate entrance driveway and exit driveway, the Contractor shall provide vehicular access to both the entrance driveway and the exit driveway.

SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR MAINTENANCE AND

WORK ZONES
601-1 GENERAL
Add the following:

Street closures, detours, lane closures, signs, lights, and other traffic control devices shall conform to the latest approved version of the California Manual on Uniform Traffic Control Devices (California MUTCD). The California MUTCD is available at the following address:
https://dot.ca.gov/programs/safety-programs/sign-specs
Unless otherwise approved by the Engineer, the Contractor shall allow passage of public transit coaches through the Work area at all times. For the Metropolitan Transportation Authority (Metro), the Contractor shall notify the Stops and Zones Representative, (213) 922-5190, at least 48 hours prior to construction at bus stop zones to allow Metro to temporarily abandon and relocate bus stop zones within the construction area.

Lips greater than one inch created during construction which is to remain overnight shall be ramped with temporary asphalt concrete at a slope not to exceed 1:1.

The roadway shall be cold milled and/or paved to full width at the end of each day. 601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP)
601-2.1 General
Replace the first sentence with the following:

The Contractor shall prepare and submit temporary traffic control plans to the Agency for review and approval.
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 3-8.1 of Section G for approval by the Agency. Traffic control activities and milestones shall be shown as activities on the Contractor's construction schedule in accordance with 6-1 of Section G.

Add the following:

The requirements set forth in the latest approved version of the California Manual on Uniform Traffic Control Devices (California MUTCD) shall govern the design of the proposed traffic control. The California MUTCD is available at the following address:
https://dot.ca.gov/programs/safety-programs/sign-specs
The total length of the Project shall be shown including the signing and striping transitions in advance of the Work area; and existing striping, signing and raised medians, if any. The sheets shall display the Project name; phase identification; name of firm preparing the plan; name and stamp of the Civil Engineer; approval block for each jurisdictional agency; north arrow; sheet number; and number of sheets comprising the traffic control plans. General notes and symbol definitions shall be included when required. Adequate dimensioning shall be provided to allow for Agency checking and proper field installation.

In no case shall traffic be diverted from the existing traveled way without prior approval of the Engineer. Detour striping will not be permitted on any surface course of asphalt concrete pavement constructed on the Project. Temporary striping shall be detour grade traffic tape unless otherwise approved by the Engineer.

In order to facilitate the flow of traffic during the Contract duration, the Agency reserves the right to extend the limits of the Project to include any areas where removal of striping or marking, construction of detour pavement, or signing and delineating is deemed necessary by the Engineer. 601-2.2 Payment
Payment for preparation of the traffic control plan will be made at the Stipulated Unit Price in the Bid for “TRAFFIC CONTROL
601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES
601-3.1General
Add the following:

The Contractor shall provide, install, and maintain all the traffic control devices including signing, striping, marking, barricades, delineators, flashing arrow signs, and other devices deemed necessary for the protection of the vehicular and pedestrian traffic throughout the Project area as required by these Specifications and as directed by the Engineer. The Project area shall include the construction area and areas required for the advance signing and transitions to and from the existing traffic control and the construction traffic control.

Traffic control devices shall conform to latest approved version of the California MUTCD, https://dot.ca.gov/programs/safety-programs/sign-specs, and the Standard Plans.

When no longer required, all temporary traffic control devices installed and/or covered by the Contractor shall be promptly removed and/or restored by the Contractor.

Any action on the part of the Engineer in directing the Contractor's attention to any inadequacy of the required devices and services or any action of the Agency to alleviate the Contractor's inadequacies shall not relieve the Contractor from its responsibility for public safety or abrogate its obligation to provide and maintain these devices and services. If the Contractor fails to provide and maintain these devices and services and the Agency is required to alleviate said condition, the total charges of labor, equipment and materials, including overhead and transportation, accrued by the Agency for such work will be deducted from any monies due the Contractor.

The Contractor shall be responsible for maintaining traffic control devices in their proper positions at all times. The Contractor shall replace, repair or clean such devices whenever necessary in order to ensure and preserve their appearance and functionality. The Contractor shall remove and dispose of all damaged barricades, including those furnished and placed by the Agency. 601-3.5 Signs and Signage
601-3.5.1 General
Add the following:

The Agency will furnish any necessary "No Parking" signs (signs) at no cost to the Contractor.

Signs shall be installed by the Contractor after approval for such by the Engineer. Signs shall be installed for each construction activity or operation, unless such activities or operations will occur within 2 Working Days of each other. Signs shall be posted a minimum of 48 hours in advance of the start of each “No Parking” restriction.
601-3.5.2 Payment
Replace the entire sentence with the following:

No separate or additional payment will be made for signs and signage. Payment shall be considered as included in the lump sum Bid price for “TRAFFIC CONTROL.” 601-3.7 Traffic Sign Enhancement Devices
601-3.7.5 Portable Changeable Message Signs (PCMS)
Replace the first paragraph with the following:

PCMS shall be furnished, placed, operated, and maintained at the locations shown on the TCP or as directed by the Engineer.
601-3.7.6 Flashing Arrow Signs
Add the following:

Flashing arrow signs (flashing arrow installed, and maintained boards) shall be furnished, placed, operated, and maintained at the locations shown on the TCP or as directed by the Engineer. 601-3.7.8 Measurement
Replace the second paragraph with the following:

Portable changeable message signs and flashing arrow signs will not be measured separately for payment.
601-3.7.9 Payment
Replace the second paragraph with the following:

No separate or additional payment will be made for portable changeable message signs and flashing arrow signs. Payment shall be considered as included in the lump sum Bid price for “TRAFFIC CONTROL.”
601-4 TEMPORARY TRAFFIC STRIPING AND PAVEMENT MARKINGS
601-4.1 General
Add the following:

Striped roadways shall be delineated with temporary raised reflective markers when left without striping overnight.
601-4.5 Payment
Add the following:

No separate or additional payment will be made for the removal of temporary traffic striping and pavement markings. Payment shall be considered as included in the lump sum Bid price for, “TRAFFIC CONTROL.”
601-5 TRAFFIC LANE WIDTHS AND CLEARANCES
Replace the entire subsection with the following:
601-5 TRAFFIC LANE WIDTHS, CLEARANCES, AND OTHER REQUIREMENTS 601-5.1 General
Add the following:

Traffic lane requirements shall be as shown on the TCP and as follows:

For installation of traffic control devices during daylight and nighttime work hours, the Contractor shall conform to the latest approved version of the California MUTCD.

Access to existing residences shall be provided at all times. The contractor shall coordinate with property owners for limited driveway access.

Roadway may be reduced by one lane in each direction and a left turn lane where existing during daylight working hours. Left-turn lanes may be closed when in conflict with construction.

Adjacent streets shall not be closed concurrently.

The Contractor shall provide and maintain 11-foot-wide minimum traffic lanes unless otherwise detailed in the TCP.

Temporary raised reflective markers shall be installed and maintained when existing striped roadways have been removed and left without striping overnight.

Steel traffic plates may be used during non-working hours. Warning signs W8-24 “STEEL PLATE AHEAD” signs shall be placed on all approaches to steel plates.

Lips greater than one inch created during construction which is to remain overnight shall be ramped with temporary asphalt concrete at a slope not to exceed 1:1.

The roadway shall be cold milled and/or paved to full width at the end of each day.

The Contractor shall provide flaggers as necessary, during performance of Work, to give adequate warning to road users of any changed field conditions to be encountered. 601-9 STREET CLOSURES AND DETOURS
The Contractor shall comply with all applicable State, County and City requirements for the closure of streets. The Contractor shall provide flag persons and watch persons as required to control traffic and advise the public of detours and construction hazards. The Contractor shall also be responsible for compliance with additional public safety requirements which may arise during construction.

At least 48 hours in advance of closing, or partially closing, or reopening, any street, alley, or other public thoroughfare, the Contractor shall notify the Police, Fire, traffic and engineering departments of jurisdictional agencies involved, and comply with their requirements. Proposed deviations from this procedure must first be approved in writing by the Engineer.

The Contractor shall submit in accordance with 3-8 its proposed schedules for street and lane closures, and its proposed methods for traffic control to comply with the requirements specified in 601-3.1 and 601-3.2. Key traffic control schedule activities and milestones shall be included in the Contractor's construction schedule as specified in 6-1 of Section G. This submittal shall be made sufficiently in advance of any rerouting or diversion of traffic by the Contractor to allow for

review and approval of the proposed traffic control by the Agency. Street closure schedules must be submitted 20 Days prior to closing any street.

Where streets in which storm drain, waterline, or sewer line conduit is being constructed are to be closed to through traffic, it shall be understood that such closures shall apply only to the portions of such streets where construction is actually in progress. Unless otherwise specified, the Contractor shall provide access for local vehicular and pedestrian traffic on streets closed to through traffic.

Any street or alley, which intersects the street in which mainline conduit construction work is being done and for which traffic requirements are not otherwise specified, may be closed at its intersection with the Work provided that two adjacent streets are not closed simultaneously.

However, where the street in which mainline conduit construction work is being done is the only access to a cul de sac or dead-end street or alley, vehicular access thereto shall be maintained at all times.

Where access to the Work sites involves passage through locked gates, the Contractor shall furnish its own locks in order to provide passage through the gates while maintaining security. 601-10 PAYMENT
Payment for the following items shall be considered as included in the lump sum Bid price for “TRAFFIC CONTROL”:
a) Furnishing, installing, maintaining, and removing traffic control devices not specified as individual Bid items.
b) Furnishing, installing, maintaining, and removing temporary raised reflective markers. c) Removal and disposal of damaged barricades, including those furnished by the Agency, and
d) All other work required by Subsections 600 and 601, and the Traffic Control Plans not included as a separate Bid item.

APPENDIX “B”

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)

CONTRACTOR REGISTRATION NUMBER FORM

Department of Industrial Relations (DIR) Contractor
Registration Number

Beginning July 1, 2014, contractors must register with the Department of Industrial Relations (DIR) before bidding on public works contracts in California. For more information, please refer to this section of the Department of Industrial Relations Website:
http://www.dir.ca.gov/Public-Works/PublicWorks.html.

Per this requirement, provide the following information:

___________________________________________________________________ Contractor Name

Contractor Department of Industrial Relations Registration Number:

Expiration Date of Registration Number

*(THIS FORM MUST BE SUBMITTED WITH THE SEALED BID) *

APPENDIX “C”

PROJECT SIGN

APPENDIX “D”

PROJECT LABOR AGREEMENT

AGREEMENT NO. 4202 – LOS ANGELES/ORANGE

COUNTIES BUILDING AND CONSTRUCTION

TRADES COUNCIL AND THE SIGNATORY CRAFT

COUNCILS AND UNIONS

APPENDIX “E”

STANDARD PLANS

Print Form
Revised 2011
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): City of Montebello P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
1600 W. Beverly Boulevard
Montebello, CA 90640
County of: Los Angeles (Address)
Project Title: Plaza Drive Resurfacing Project CP No. 917 Project Applicant: City of Montebello
Project Location - Specific: Plaza Drive between Montebello Boulevard and San Gabriel Boulevard Project Location – City: Montebello Project Locations – County: Los Angeles Description of Nature, Purpose and Beneficiaries of Project: Asphalt pavement rehabilitation, street resurface and enhanced American with Disabilities Act (ADA) accessibility path of travel.

Name of Public Agency Approving Project: City of Montebello Name of Person or Agency Carrying Out Project: Cesar Roldan, Director of Public Works Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number: 15301 Class 1 Statutory Exemptions. State code number:

Reasons why project is exempt: Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities).

Lead Agency
Contact Person: Cesar Roldan Area Code/Telephone/Extension: 323-887-1462 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: March 26, 2025 Title: Director of Public Works Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

ATTACHMENT C

ITEM # 8

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3822 WITH VERDANT LANDSCAPING, INC. TO

EXPAND THE SCOPE OF SERVICES
DATE: March 26, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 2 to Professional Services Agreement No. 3822 with Verdant Landscaping, Inc. to expand landscape maintenance services to include Catherine Hensel Ballpark, Golf Course Clubhouse, Hilton Garden Inn, Home2Suites, and Quiet Cannon; and

2. Establish the total not-to-exceed amount of the agreement as $475,170 per year; and

3. Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement No. 3822; and

4. Take such additional, related action that may be desirable.

FISCAL IMPACT:

The City has utilized Complete Landscape Care, Inc. for citywide landscape maintenance services since September 2020. In addition to the agreed upon scope of work that was included in Agreement No. 3822, staff tasked Complete Landscape Care, Inc. (consultant) to perform additional landscape maintenance services at Montebello City Park Monument, Montebello City Park Youth Center, Senior Center South Wing Enclosed Patio, and North Ridge Park. (Note, in July 2023, Complete Landscape Care, Inc. was acquired by Verdant Landscaping, Inc. (Attachment C). As such, all contracts pertaining to Complete Landscape are now under the purview of Verdant.) Staff is requesting the addition of five locations to the scope of Verdant’s services:

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025

Catherine Hensel Ballpark, Golf Course Club House, Hilton Garden Inn, Home2Suites, and Quiet Cannon. With the exception of the Ballpark, the additional cost of the expanded services will not be paid for from the General Fund.

Staff is requesting the execution of Amendment No. 2 to Agreement No. 3822 for the annual not-to-exceed cost of $475,170 for Fiscal Years 2024-25 and 2025-26 for citywide landscape maintenance services. The breakdown of the agreement’s annual expenditures will be as follows:

Amount Account No. Description
$367,053 100-30-720-6040.20 General Fund, Public Works, Park Maintenance - Landscaping Services
$25,800 625-99-6040.20 Home2Suites Hotel, Non-Departmental, Contract Services - Landscaping Services
$23,460 620-99-6040.20 Hilton Garden Inn, Non-Departmental, Contract Services - Landscaping Services
$23,460 610-66-6040.20 Golf, Quiet Cannon Perimeter, Contract Services – Landscaping Services
$22,860 610-99-6040.20 Golf, Non-Departmental, Contract Services - Landscaping Services
$7,519 600-90-900-6040.20 Transit, Transportation, Transit Administration, Contract Services -
Landscaping Services
$5,018 265-99-330-6040.20 Grants, Non-Departmental, Engineering, Contract Services - Landscaping Services
$475,170 Total Agreement not-to-exceed
The FY 2024-25 operating budget allocated sufficient funding for landscape maintenance in the above-mentioned accounts; therefore, a budget amendment is not needed. The FY 2025-26 budget will be built utilizing the above amounts in each of the listed accounts.

BACKGROUND/DISCUSSION:

On July 16, 2020 the City issued RFP 20-15, seeking a contractor to provide citywide landscape maintenance services. This includes furnishing all labor, tools, materials, appliances and equipment for landscape maintenance services requested by the City.

Maintenance areas to be serviced are all exterior landscaping including lawn areas, planters, banks, flower beds, island median strips, and irrigation systems adjacent to City buildings and in and around City parking lots. The maintenance work described in RFP 20-15 was defined to include performance as a continuous and constant program throughout the contract term.

RFP 20-15 closed on August 17, 2020, and the City received six (6) responsive proposals. RFP 20-15 was advertised on the City website, Planet Bids and the Montebello Wave Newspaper.

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025

At the City Council meeting of September 9, 2020, the City Council awarded a professional services agreement to Complete Landscape Care, Inc. (Agreement No. 3822) to provide citywide landscape maintenance services. For the past four years, Complete Landscape Care has been providing citywide landscape maintenance services in accordance with the RFP and agreement. (Note, in July 2023, Complete Landscape Care, Inc. was acquired by Verdant Landscaping, Inc. (Attachment C). As such, all contracts pertaining to Complete Landscape are now under the purview of Verdant.) On February 14, 2024, Amendment No. 1 (Attachment B) to Agreement No. 3822 extended the term of the contract for two (2) additional years (expiring September 2025), as well as expanded the scope of services to include Montebello City Park Monument, Montebello City Park Youth Center, Senior Center South Wing Enclosed Patio, and North Ridge Park.

Amendment No. 2 will add five locations to the scope of Verdant’s services: Catherine Hensel Ballpark, Golf Course Club House, Hilton Garden Inn, Home 2 Suite, and Quiet Cannon, as well as establish a formal not-to-exceed amount for the contract. The table above in the "fiscal impact" section provides a breakdown of the additional expenses related to each of the five locations.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends that the City Council expand the scope of services of Professional Services Agreement No. 3822 and authorize the City Manager to execute Amendment No. 2 (Attachment A). Upon Council approval, staff will proceed with the recommended actions.

ATTACHMENT(S)

1. Attachment A - Verdant Landscaping. Amendment No. 2 to PSA 3822

2. Attachment B - Agr No. 3822 - Complete Landscape Care - Amendment No. 1

3. Attachment C - Complete Acquisition to Verdant

CITY OF MONTEBELLO
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3822
WITH VERDANT LANDSCAPING, INC.

FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES
This Amendment No. 2 to the Professional Services Agreement (“Amendment No. 2”), is made and entered into this 12th day of March 2025, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and Verdant Landscaping, Inc., (hereinafter referred to as the “Contractor”). The City and the Contractor are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Contractor and the City entered into that certain Agreement for Citywide Landscape Maintenance Services by and between the City of Montebello and Complete Landscape Care, Inc., dated September 9, 2020 (“Original Agreement”), as amended by Amendment No. 1 to Professional Services Agreement No. 3822, dated February 14, 2024 (“First Amendment”) (collectively "Agreement"), pursuant to which City retained Contractor to provide Citywide Landscape Maintenance Services, as further described in the Agreement; and
WHEREAS, Complete Landscape Care, Inc. was acquired by Verdant Landscaping, Inc. as of July 1, 2023.

WHEREAS, pursuant to Section 5. Extra Services of the Agreement, the City requires services, including costs and expenses that exceed the anticipated scope of Agreement No. 3822 and subsequent amendment, and City and Contractor desire to increase the maximum compensation allowable under the Agreement for additional landscape maintenance services at Catherine Hensel Ballpark, Golf Course Club and Perimeter, Hilton Garden Inn, Home 2 Suite, and Quiet Cannon.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:

AMENDMENTS
SECTION 1. Exhibit A of the Agreement shall hereby be supplemented with Exhibits “A” through “F” to this Amendment No. 2, which are hereby incorporated by reference into the Agreement, to include additional landscape services at Catherine Hensel Ballpark, Golf Course Club and Perimeter, Hilton Garden Inn, Home 2 Suite, and Quiet Cannon.

ATTACHMENT A

AMENDMENT NO. 2 TO AGREEMENT NO. 3822

SECTION 2. Section 1(C) of the Agreement shall hereby be amended in its entirety as follows:

C. CONTRACTOR shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference, and shall not exceed a total amount of $475,170 per year (“Compensation”). CONTRACTOR shall provide an itemized billing statement to the City each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No.2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control. [END OF AMENDMENT NO. 2]

AMENDMENT NO. 2 TO AGREEMENT NO. 3822

IN WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.
(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO VERDANT LANDSCAPING, INC.

Raul Alvarez, City Manager Richard Hernandez, Branch Manager ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

ATTACHMENT B

CERTIFICATE HOLDER
© 1988-2010 ACORD CORPORATION. All rights reserved.

ACORD 25 (2010/05)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER:

CLAIMS-MADE OCCUR
COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $ CLAIMS-MADE OCCUR
$ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS

WC STATU- TORY LIMITS OTH- ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under DESCRIPTION OF OPERATIONS below
(Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS NON-OWNED

AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT BODILY INJURY (Per person)
BODILY INJURY (Per accident) PROPERTY DAMAGE $$
$
$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

ADDL WVDSUBR
N / A
$
$
(Ea accident)
(Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext): PRODUCER
ADDRESS: E-MAIL
FAX
(A/C, No): CONTACT NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Autonomy Insurance Services, LLC
100 S Commons, Suite 102
Pittsburgh, PA 15212
Electric Sheep Robotics, Inc.

Verdant Landscaping, Inc
548 Market St, Ste 73278
San Francisco, CA 94104
Kamron Khodjaev
(412) 326 9211
[email protected]
Lloyds of London Syndicate
A B-20231130-1 12/15/2023 12/15/2024
X
X
X
A Technology E&O/Cyber 12/15/2023 12/15/2024 $1,000,000 Each / $1,000,000 Aggregate 1,000,000
100,000
10,000
1,000,000
2,000,000
06/10/2024
City of Montebello
1600 W. Beverly Blvd.

Montebello, CA 90640
Kamron Khodjaev
B-20231130-1
2,000,000
Y Y
N
X
AA1128121
XS F108604 12/15/2023 12/15/2024 Y
X
1,000,000
1,000,000
B
Great American E&S 41106
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 1,000,000
1,000,000
1,000,000
C TWC4394951 03/15/2024 03/15/2025
Technology Insurance Company, Inc. 42376
X
D NBA-1009027-00 04/29/2024 04/29/2025
1,000,000
Greenwich Insurance Company 22322
X
Y
X
City of Montebello and the Montebello City Council, City Council appointed Commissions, and Committees, and all City elective and appointed officers, employees, agents, consultants are named as additional insured as required by written contract. With respect to liabilities arising out of acts or omissions caused by negligence of the Contractor or those working under him in the performance of the contract work, (ii) a provision or endorsement holding the City of Montebello, including the City Council, It’s officers, agents, consultants, and employees, harmless from any claims or damages arising from such acts or omissions and stating that the City, including the City’s officers, agents, consultants, and employees, will be defended from any such claims, (iii) a provision or endorsement that such insurance is primary insurance of said additionally named insured with respect to such liabilities, and that with respect to such liabilities, any other insurance maintained by said additional insured is excess and not contributing insurance with respect to the insurance required hereunder, (iv) a provision or endorsement providing that such insurance shall not be terminated, canceled, reduced or allowed to expire except upon thirty (30) days prior written notice to the City.

To All of Complete Landscape Cares Valued Southern California Clients, My name is Jerry DeJournett. I am the President of Verdant Landscaping, Inc. I’m writing this letter to let you know that after many years of owning and running Complete Landscape Care, Tom Murray has decided to retire and has sold Complete to Verdant.

Tom chose to sell to Verdant because our number one priority is to retain every customer and every employee that Complete Landscape Care has. We need every customer and every employee to help us accomplish our long-term goal of developing the future model of an AI(Artificial Intelligence) driven landscape maintenance company.

Verdant Landscaping Inc. is owned by our parent company Electric Sheep, which is supported by a forward-thinking team of Venture Capitalists and engineers based in San Jose, California.

We have developed and engineered our own autonomous electric mowers driven by AI. This technology has been deployed to our operations in California and Tennessee. These mowers have a robust safety system so they can work with our crews on their weekly service routes.

These mowers have a mulching deck system that does not require the bagging of the grass clippings.

What does that mean for you? It means that we will ultimately be able to reduce our labor and disposal costs. These savings will help reduce the need for cost increases to our clients. Our goal is to understand the current maintenance requirements of each client and find a way to ensure that we are the most cost-effective, professional, and full-service commercial landscape company in your area.

We have no intention of changing the team so your point of contact will remain the same. All the Complete employees have transitioned to Verdant and Tom will remain on as a consultant for at least one year.

As a final note, our number one priority is Safety for both our team and our clients. We have outfitted the team with all the critical safety gear such as gloves, ear plugs, safety vests, safety glasses, cones and audited all of the equipment for safety compliance. If you ever see any of our employees working in an unsafe manner, please let your point of contact or myself know immediately.

ATTACHMENT C

If you ever have any questions or concerns, please don’t hesitate to reach out to Rich, Brian, Tommy, Tammy or myself. We greatly appreciate your business and look forward to what the future brings with this innovative technology.

Respectfully,
Jerry DeJournett
[email protected]
206-743-4631

ITEM # 9

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3972 WITH SEBASTIAN WATERWORKS (DBA MR.

ROOTER PLUMBING)
DATE: March 26, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement No. 3972 between the City of Montebello and Sebastian Waterworks Inc., (dba Mr. Rooter Plumbing) for a One (1) Year Extension through June 30, 2026; and,

2. Authorize the City Manager to execute the Amendment on behalf of the City; and,

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

Mr. Rooter Plumbing performs citywide on-call plumbing services on an as-needed basis.

The annual not-to-exceed amount of this agreement is $90,000. Staff is requesting the execution of Amendment No. 2 (Attachment A) to extend the term of the agreement by one (1) year -- through June 30, 2026. The annual not-to-exceed amount will remain at $90,000. The agreement is managed by the Department of Public Works and funded through the Public Works, Facilities Maintenance Division budget. There is no budget amendment action needed for Fiscal Year 2024-25. Sufficient funding for these services will be included in the FY 2025-26 budget.

BACKGROUND/DISCUSSION:

On April 7, 2022, the City executed Agreement No. 3972 with Sebastian Waterworks (dba Mr. Rooter Plumbing) for On-Call Plumbing Services for an annual not-to-exceed amount

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025

of $45,000. On Mach 13, 2024, the City entered into Amendment No. 1 of the Agreement, increasing the annual not-to-exceed threshold to $90,000.

For the past three years, Mr. Rooter Plumbing has provided citywide plumbing services to City facilities on an as-needed basis. Due to their responsive and satisfactory performance, Staff is recommending approval of the second one-year term extension option under SECTION 2. Term of Agreement No. 3972 (Attachment C). Amendment No. 2 to the agreement will extend the term, expiring on June 30, 2026.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends extending the term of Professional Services Agreement No. 3972 to June 30, 2026 (one year extension) and Authorize the City Manager to execute Amendment No. 2 (Attachment A).

ATTACHMENT(S)

1. Attachment A - Amendment No 2 to Agr 3972

2. Attachment B - Amendment No 1 to Agr 3972.

3. Attachment C - Agr No. 3972 - Sebastian Waterworks

ATTACHMENT A

CITY OF MONTEBELLO
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3972
WITH SEBASTIAN WATERWORKS, INC.

This Amendment No. 2 to the Professional Services Agreement (“Amendment No. 2”), is made and entered into this 26th day of March 2025, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and SEBASTIAN WATERWORKS, INC., (hereinafter referred to as the “Consultant”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Consultant and the City entered into that certain Professional Services Agreement No. 3972 with Sebastian Waterworks, Inc. for On-Call Plumbing Services, dated April 7, 2022 ("Agreement"), pursuant to which City retained Consultant to provide On-Call Plumbing Services, as further described in the Agreement; and WHEREAS, the City awarded the Agreement to the Consultant based on their qualification, subsequent to a competitive selection process.

WHEREAS, the City entered into Amendment No. 1 to Professional Services Agreement No. 3972 with Sebastian Waterworks, Inc. (“First Amendment”), increasing the annual not-to-exceed amount from $45,000 to $90,000 for the Professional Services set in the agreement.

WHEREAS, under Section 2. TERM, this Agreement may be extended for up to two (2), additional, one-year (1) terms upon such terms and conditions mutually agreed upon by the Parties in writing; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, as set forth below.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:

AMENDMENTS
SECTION 1. “Term.” The Parties hereby agree to exercise the first of two optional one-year extension terms pursuant to Section 2. Term of the Agreement up to the end of the current fiscal year. The termination/expiration date of the Agreement will now terminate on June 30, 2026. This extension is in accordance with the provisions outlined in the Agreement, demonstrating the City's commitment to the continued provision of OnCall Plumbing Services by Sebastion Waterworks, Inc.

AMENDMENT NO. 2 TO AGREEMENT NO. 3972

SECTION 2. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control. [END OF AMENDMENT NO. 2]
[SIGNATURES ON THE FOLLOWING PAGES]

AMENDMENT NO. 2 TO AGREEMENT NO. 3972

IN WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO SEBASTIAN WATERWORKS, INC.

Raul Alvarez, City Manager Joe Diaz
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

ATTACHMENT B

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5/2/2024
Arthur J. Gallagher Risk Management Services, LLC
5314 South Yale Avenue
Suite 900
Tulsa OK 74135
Ty Oden 918-764-7120 [email protected] RLI Insurance Company 13056 SEBAWAT-01 Travelers Casualty Insurance Co of America 19046 Sebastian Waterworks, Inc. dba Mr. Rooter Plumbing
P.O. Box 3735
Montebello CA 90640
Travelers Property Casualty Co of America 25674 Contractors Bonding and Insurance Company 37206 Capitol Specialty Insurance Corporation 10328 BCS Insurance Company 38245 1530029056 A X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 X X
PPO1000011 12/21/2023 12/21/2024
2,000,000
B 1,000,000 X
X X
BA1W862498 12/21/2023 12/21/2024
C
D
X X
EX2X025167
5,000,000
XPO2000018
12/21/2023
12/21/2023
12/21/2024
12/21/2024
5,000,000 X
10,000
E
F
Pollution Liability
Cyber Liability
EV2022093902
RPSP50255243N
12/21/2023
12/12/2023
12/21/2024
4/1/2025
Per Occurrence / Agg
Limit / Deductible
$2M / $2M
$500,000 / $2,500
Additional Coverages:

Employment Practices Liability - Policy No. EKS3505381 - Eff Date: 12/21/2023; Exp Date: 12/21/2024 ICO: Scottsdale Insurance Company
Limits: $500,000
Deductible: $25,000
City of Montebello
Public Works Department
1600 W. Beverly Blvd.

Montebello CA 90640

ATTACHMENT C

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
6/28/2022
Arthur J. Gallagher Risk Management Services, Inc.
1300 South Main Street
Tulsa OK 74119
Ty Oden 513-977-3197 [email protected] Ohio Casualty Insurance Company 24074 SEBAWAT-01 Nautilus Insurance Company 17370 Sebastian Waterworks, Inc.

P.O. Box 3735
Montebello CA 90640
259095107
A X 1,000,000 X 300,000 15,000 1,000,000 2,000,000 X
Y Y BKO58223489 12/21/2021 12/21/2022
2,000,000
A 1,000,000 X
X X
Y Y BAW58223489 12/21/2021 12/21/2022
A X X
BKO58223489 12/21/2021 12/21/2022
5,000,000 5,000,000 X
10,000
B Pollution Liability CPL202800414 12/29/2021 12/21/2022 Limit $2,000,000 Certificate Holder is an Additional Insured with respects to the General Liability and Auto Liability policies, pursuant to and subject to the policy's terms, definitions, conditions and exclusions.

Waiver of Subrogation applies to certificate holder, with respects to the General Liability and Auto Liability, pursuant to and subject to the policy's terms, definitions, conditions and exclusions.
30 day notice of cancellation applies in favor of the Certificate Holder.

City of Montebello - Public Works
1600 West Beverly Blvd.

Montebello CA 90640

ITEM # 10

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3878 WITH SHOCKWAVE ELECTRIC
DATE: March 26, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement No. 3878 between the City of Montebello and Shockwave Electric for a One (1) Year Extension to June 30, 2026; and,

2. Authorize the City Manager to execute the Amendment on behalf of the City; and,

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

Shockwave Electric performs citywide on-call Electric services on an as-needed basis.

The annual not-to-exceed amount of this agreement is $85,000. Staff is requesting the execution of Amendment No. 2 (Attachment A) to extend the term of the agreement by one (1) year -- through June 30, 2026. The annual not-to-exceed amount will remain at $85,000. The agreement is managed by the Department of Public Works and funded through the Public Works, Facilities Maintenance Division and Transit budgets. There is no budget amendment action needed for Fiscal Year 2024-25. Funding for thesse services will be included in the FY 2025-26 budget.

BACKGROUND/DISCUSSION:

On March 9, 2021, the City executed Agreement No. 3878 with Shockwave Electric for On-Call Electric Services for an annual not-to-exceed amount of $45,000. On March 13, 2024, the City entered into Amendment No. 1 of the Agreement, increasing the annual

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025

not-to-exceed threshold to $85,000.

For the past four years, Shockwave Electric has provided citywide Electric services to City facilities on an as-needed basis. Due to their responsive and satisfactory performance, Staff is recommending approval of the second one-year term extension option under SECTION 2. Term of Agreement No. 3878 (Attachment C). Amendment No. 2 to the agreement will extend the term, expiring on June 30, 2026.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends extending the term of Professional Services Agreement No. 3878 to June 30, 2026 (one year extension) and Authorize the City Manager to execute Amendment No. 2 (Attachment A).

ATTACHMENT(S)

1. Attachment A - Agr No. 3878 - Shockwave Electric - Amendment No. 2

2. Attachment B – Agr No. 3878 - Shockwave Electric - Amendment No. 1

3. Attachment C – Agr No. 3878 - Shockwave Electric

ATTACHMENT A

CITY OF MONTEBELLO
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3878

WITH SHOCKWAVE ELECTRIC
This Amendment No. 2 to the Professional Services Agreement (“Amendment No. 2”), is made and entered into this 26th day of March 2025, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and SHOCKWAVE ELECTRIC, (hereinafter referred to as the “Consultant”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Consultant and the City entered into that certain Professional Services Agreement No. 3878 by and between City of Montebello and Shockwave Electric for On-Call Electrical Services , dated March 9, 2021 ("Agreement"), pursuant to which City retained Consultant to provide On-Call Electrical Services, as further described in the Agreement; and
WHEREAS, the City awarded the Agreement to the Consultant based on their qualification, subsequent to a competitive selection process.

WHEREAS, the City entered into Amendment No. 1 to Professional Services Agreement No. 3878 with Shockwave Electric (“First Amendment”), increasing the annual not-to-exceed amount from $45,000 to $85,000 for the Professional Services set in the agreement and exercised a one-year (1) extension of the agreement’s term.

WHEREAS, under Section 2. TERM, this Agreement may be extended for up to two (2), additional, one-year (1) terms upon such terms and conditions mutually agreed upon by the Parties in writing; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, as set forth below.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:

AMENDMENTS
SECTION 1. “Term.” The Parties hereby agree to exercise the second of two additional one-year extension terms pursuant to Section 2. Term of the Agreement up to the end of the current fiscal year. The termination/expiration date of the Agreement will now terminate on June 30, 2026. This extension is in accordance with the provisions outlined in the Agreement, demonstrating the City's commitment to the continued provision of On-Call Electrical Services by Shockwave Electric.

AMENDMENT NO. 2 TO AGREEMENT NO. 3878

SECTION 2. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control. [END OF AMENDMENT NO. 2]
[SIGNATURES ON THE FOLLOWING PAGES]

AMENDMENT NO. 2 TO AGREEMENT NO. 3878

IN WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO SHOCKWAVE ELECTRIC
Raul Alvarez, City Manager Chad Michael Manhood, Owner
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

ATTACHMENT B

ATTACHMENT C

ITEM # 11

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3860 WITH BEROKOFF ELECTRIC
DATE: March 26, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement No. 3860 between the City of Montebello and Berokoff Electric for a One (1) Year Extension (through June 30, 2026); and

2. Authorize the City Manager to execute the Amendment on behalf of the City; and,

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

Berokoff Electric performs citywide on-call Electric services on an as-needed basis. The annual not-to-exceed amount of this agreement is $50,000. Staff is requesting the execution of Amendment No. 2 (Attachment A) to extend the term of the agreement by one (1) year -- through June 30, 2026. The annual not-to-exceed amount will remain at $50,000. The agreement is managed by the Department of Public Works and funded through the Public Works, Facilities Maintenance Division and Transit budgets. There is no budget amendment action needed for Fiscal Year 2024-25. Sufficient funding will be included in the FY 2025-26 budget.

BACKGROUND/DISCUSSION:

On March 9, 2021, the City executed Agreement No. 3860 with Berokoff Electric for OnCall Electric Services for an annual not-to-exceed amount of $45,000. On April 24, 2024, the City executed Amendment No. 1 of the Agreement, increasing the annual not-toPage 899 of 1292 CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025

exceed threshold to $50,000.

For the past four years, Berokoff Electric has provided citywide electric services to City facilities on an as-needed basis. Due to their responsive and satisfactory performance, Staff is recommending approval of the second one-year term extension option under SECTION 2. Term of Agreement No. 3860 (Attachment C). Amendment No. 2 will extend the term, expiring on June 30, 2026.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends extending the term of Professional Services Agreement No. 3860 to June 30, 2026 (one year extension) and Authorize the City Manager to execute Amendment No. 2 (Attachment A).

ATTACHMENT(S)

1. Attachment A – Agr No. 3860 - Berokoff Electric - Amendment 2

2. Attachment B – Agr No. 3860 - Berokoff Electric - Amendment 1

3. Attachment C – Agr No. 3860 - Berokoff Electric

ATTACHMENT A

CITY OF MONTEBELLO
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3860

WITH BEROKOFF ELECTRIC
This Amendment No. 2 to the Professional Services Agreement (“Amendment No. 2”), is made and entered into this 26th day of March 2025, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and BEROKOFF ELECTRIC, (hereinafter referred to as the “Consultant”).

The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Consultant and the City entered into that certain Professional Services Agreement No. 3860 with by and between City of Montebello and Berokoff Electric for On-Call Electrical Services , dated March 9, 2021 ("Agreement"), pursuant to which City retained Consultant to provide On-Call Electrical Services, as further described in the Agreement; and
WHEREAS, the City awarded the Agreement to the Consultant based on their qualification, subsequent to a competitive selection process.

WHEREAS, the City entered into Amendment No. 1 to Professional Services Agreement No. 3972 with Berokoff Electric (“First Amendment”), increasing the annual not-to-exceed amount from $45,000 to $50,000 for the Professional Services set in the agreement and exercised a one-year (1) extension of the agreement’s term.

WHEREAS, under Section 2. TERM, this Agreement may be extended for up to two (2), additional, one-year (1) terms upon such terms and conditions mutually agreed upon by the Parties in writing; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, as set forth below.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:

AMENDMENTS
SECTION 1. “Term.” The Parties hereby agree to exercise the second of two one-year optional extensions pursuant to Section 2. Term of the Agreement up to the end of the current fiscal year. The termination/expiration date of the Agreement will now terminate on June 30, 2026. This extension is in accordance with the provisions outlined in the Agreement, demonstrating the City's commitment to the continued provision of OnCall Electrical Services by Berokoff Electric.

AMENDMENT NO. 2 TO AGREEMENT NO. 3860

SECTION 2. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control. [END OF AMENDMENT NO. 2]
[SIGNATURES ON THE FOLLOWING PAGES]

AMENDMENT NO. 2 TO AGREEMENT NO. 3860

IN WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO BEROKOFF ELECTRIC
Raul Alvarez, City Manager John P Berokoff, Owner
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

ATTACHMENT B

AMENDMENT NO. 1 TO AGREEMENT NO. 3860

SECTION 2. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement, shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. [END OF AMENDMENT NO. 1]
[SIGNATURES ON THE FOLLOWING PAGES]

ATTACHMENT C

ITEM # 12

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance
SUBJECT: WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 2481 AMENDING MONTEBELLO MUNICIPAL CODE CHAPTER 3.20
"PURCHASING SYSTEM" AND CHAPTER 3.21 "CONTRACTS FOR
PROFESSIONAL AND SPECIAL SERVICES"
DATE: March 26, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Waive the Second Reading and Adopt Ordinance No. 2481 Amending Municipal Code Chapter 3.20 “Purchasing System,” and Chapter 3.21 “Contracts for Professional and Special Services” of the Montebello Municipal Code Relating; and,

2. Take such additional, related action that may be desirable.

FISCAL IMPACT:

There is no direct fiscal impact related to the approval of the suggested municipal code updates. Some of the recommended updates to Chapters 3.20 et al and 3.21 et al may lead to improved procurement efficiencies, which would conceivably reduce administrative costs.

BACKGROUND/DISCUSSION:

The City of Montebello last updated the section of municipal code governing procurement in January, 2023. Prior to this, updates were made in 2019 and 2022. These previous municipal code updates were comprehensive in nature and necessary to create a modernized purchasing and procurement system.

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025

The updates proposed in Ordinance No. 2481 (Attachment A) continue the review and update of the City’s procurement guidelines. The proposed updates to the municipal code will help ensure internal procurement, contract management, bid, purchasing and project management processes conform to Caltrans requirements and allow the City to continue qualifying and receiving state and federal funding for important infrastructure projects.

Furthermore, the updates incorporate recommendations from the State Auditor.

Caltrans administers various state and federal programs and the City of Montebello is the recipient of both competitive and non-competitive grants that fall under the purview of Caltrans oversight. The City must adhere to strict guidelines developed in accordance with policy and procedural requirements as dictated in State law by the California Transportation Commission (CTC) and Caltrans.

When the City chooses a consultant to perform Architectural & Engineering (A&E) services, Construction Management Services or actively solicits construction bids from licensed contractors, the City must ensure that the consultant or contractor is selected in accordance with acceptable federal and state guidelines. The City is required to ensure that consultants and contractors are in good standing. Staff is responsible to perform their due diligence and ensure that consultants and contractors are not debarred and are considered responsive and responsible consultants/contractors before recommending awarding a professional services agreement or contract agreement.

One of the updates to Chapters 3.20 and 3.21 of the City’s municipal code includes language that requires confirmation that potential vendors are not disbarred or otherwise ineligible to participate in a federally funded project (3.20.080(D), 3.20,110(C ), and

3.20.140(D)(3) and (E)(4). Also, 3.20.140(G) details requirements for procurement when using federal funds. Changes to these sections of the Municipal Code via adoption of this ordinance are a requirement that allows the City to continue receiving federal and state funding for infrastructure projects.

Finance and Public Works staff worked closely with the City Attorney’s office to ensure the proposed changes coincide with current Government Code and other governing rules and regulations. The end goal is amended municipal code language that improves efficiency and clarity, while ensuring the proper level of control over all purchasing and procurement processes and practices – including when utilizing federal and state funding for projects.

On March 12, 2025, the City Council introduced and approved the first reading of Ordinance No. 2481.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025

SUMMARY:

It is recommended that the City Council waive the Second Reading and Adopt Ordinance No. 2481 Amending Chapters “Purchasing System,” and 3.21 “Contracts for Professional and Special Services” of the Montebello Municipal Code, with the amendments being effective thirty (30) days from City Council approval.

ATTACHMENT(S)

1. Attachment A - Ordinance No. 2481 - MMC 3.20 PURCHASING SYSTEM REVISIONS, Final

ATTACHMENT A
ORDINANCE NO. 2481

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING CHAPTERS 3.20
PURCHASING SYSTEM AND 3.21 CONTRACTS FOR PROFESSIONAL

AND SPECIAL SERVICES OF THE MONTEBELLO MUNICIPAL CODE
WHEREAS, the City of Montebello (“City”) is a general law city, incorporated under the laws of the State of California, with the power to make and enforce within its jurisdictional limits all local, police, sanitary, land use, and other ordinances and regulations not in conflict with general laws of the state; and WHEREAS, an amendment to Chapter 3.20 PURCHASING SYSTEM, and Chapter 3.21 CONTRACTS FOR PROFESSIONAL AND SPECIAL SERVICES, of the Montebello Municipal Code (“MMC”), are necessary to ensure that the MMC aligns with state and federal procurement requirements, to ensure uniformity amongst various bidding procedures, and to establish best practices for procurement; and WHEREAS, pursuant to sections 54201 et seq. of the California Government Code, policies and procedures that govern the purchase of supplies and equipment must be adopted by an ordinance; and
WHEREAS, the City finds that the proposed amendments to MMC Chapters 3.20 and 3.21 are necessary to ensure a fair, efficient, and transparent procurement process in compliance with the regulations applicable to state and federal funding sources.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY ORDAINS AS FOLLOWS:

SECTION 1. RECITALS. The above recitals are true and correct and made part of this Ordinance.

SECTION 2. AMENDMENT; RESERVATION. Chapter 3.20 of the Montebello Municipal Code is hereby amended to read as follows (deletions in strikethrough and additions in double underline):

Chapter 3.20 – PURCHASING SYSTEM

3.20.050 Conformance with bidding procedures.

Purchases of supplies and equipment for city use shall be made and accomplished in conformity with Section 3.20.080 or Section 3.20.090 except:

ORDINANCE NO. 2481

A. Emergency Procurement: When an emergency, as determined by the purchasing agent with the approval of the city manager in writing, is deemed to require that an order be placed with the nearest available source of supply; B. Sole/Single Source Goods and/or Services: When the supplies and equipment needed can be obtained from one source only, such that written declaration of such will be required and noted by standard forms;
C. Reserved. Standardization of Goods and/or Services: When goods and/or services are required to maintain consistent operation or function to an existing technology or public safety system or program already in use by the city.

Examples of items lending themselves to standardization are computer equipment, computer hardware and software products, public safety equipment such as ammunition, ballistic vests, light bars, mobile radios, camera systems, and fire apparatus. The purchasing officer shall have discretion in determining what goods and/or services fall within this category;
D. City Council Authorization: When the city council by a four-fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in every individual instance upon a finding by the city council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same;
E. Less than Two Thousand Dollars: When the amount of the purchase involved is less than two thousand dollars and cumulative citywide purchases from a single vendor/consultant/firm/etc. have not exceeded this amount during the fiscal year (July 1 - June 30);
F. Cooperative Purchase - Purchases for goods and/or services that are identical or nearly identical in scope to the goods and/or services listed in any valid, current and competitively bid cooperative governmental purchase program.

Pricing shall be the same or better than the pricing contained in the cooperative purchase agreement. For the purposes of this Section, the term "cooperative governmental purchase program" means any combination between the city and any other public agency or public agencies for the joint purchase of goods and/or services.

G. Piggyback Purchase - If the Purchasing Officer determines it to be in the best interest of the city, the Purchasing Officer is authorized to "piggyback" onto or join into an existing written purchase contract obtained through a competitive bidding process prepared by and awarded by another local, state or federal government agency.

H. Reserved. Professional Services – Nothing shall be construed to preclude the city from awarding a written contract for professional type services, as defined by case or statutory law, without complying with the provisions of this article.

The term "professional services" means services entailing a high degree of specialized technical or mental skill, in a recognized field of expertise. Such services include attorneys, physicians, architects, engineers, appraisers,

ORDINANCE NO. 2481

accountants, collection agency, detective agency, draftsman, mortuary, hospitals, escrow agency, travel agency, insurance broker, employment agency, advertising agency, real estate, chiropractic and optometry.

I. Solicitation of Bids with No Response: Where competitive bids or proposals have been solicited and no bid or proposal has been received. In such a situation the Purchasing Manager may proceed to have the services performed or the goods procured without further competitive bidding; J. Compliance: Compliance with the requirements set forth in the provisions of this chapter shall apply to all contracts awarded after the effective date of this subsection, as may be amended.

K. Maximum Contract Term: Notwithstanding the exceptions under this section, no commitment or contract with a definitive term may exceed five years.

L. Not to Exceed Amount: All agreements executed shall include a maximum dollar limit, i.e., a “not-to-exceed amount.” The maximum dollar limit shall be established by the term of the agreement, when applicable. Any use or application of the bidding procedure exceptions listed herein for the purchase of supplies and equipment for city use shall require the making of a written record of such use or application, including the existence of a valid reason for such use or application. This written record shall be kept for at least five years.

3.20.080 Formal contract procedure.

Except as otherwise provided herein, purchases and contracts for supplies and equipment of an estimated value of fifty thousand dollars or more for contracts which do not constitute a public project as defined by Section 22002 of the Public Contract Code, shall be by written contract with the lowest responsible bidder pursuant to the procedure prescribed herein.

A. Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured and the time and place for opening bids.

1. Published Notice. Notices inviting bids shall be published at least ten days before the date of opening of the bids. Notice shall be published at least once via the city's website or in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices.

2. Bidders' List. The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' list or who have requested their name be added thereto.