Agenda packet, regular meeting — Montebello City Council, November 12, 2025 (part 2 of 12)

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 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

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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 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.

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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.

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.

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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,

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CONTRACTOR shall require and assure that such subcontractor also carry and maintain 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

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endorsements prior to commencement of performance. Current certification of insurance shall 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 Contact,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:

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--
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)
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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-- 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

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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 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:

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--

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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
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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APPENDIX “A”

GENERAL SPECIFICATIONS

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GENERAL SPECIFICATIONS FOR

LED SIGN CITY HALL
C.P. No. 933

IN THE CITY OF MONTEBELLO

SCOPE OF WORK
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals to perform the work shown in the Plans, Specifications, and contract documents. The general items of work include; furnishing and installing one double-sided electronic billboard 6 mm RGB full color LED outdoor video display unit

LOCATION OF WORK
The general locations and limits of the work are as follows:
• Front Southwest corner of City Hall

TIME FOR COMPLETION
The Contractor shall complete all construction work in every detail within sixty (60) working days after the date in the Notice to Proceed to be issued by the City for the awarded improvements.

NOTIFICATION
The Contractor shall notify the City of Montebello and the owners of all utilities and substructures not less than forty-eight (48) hours (2 working days) prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct:

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Central Basin
MWD
Isabelle
Guido
6252 Telegraph Rd,
Commerce CA 90040
(323) 201-5541
[email protected]
Crimson
Pipeline LP
Jeff Kohn 3760 Kilroy Airport
Way
Suite 300
Long Beach, CA 90806
(562) 822-5656
[email protected]
MCI
(Verizon
Business)
Investigatio
ns
400 International Pkwy
Richardson, TX 75081
[email protected]
City of
Montebello
Sewer
Juan
Hernandez
1600 W Beverly Bl
Montebello, CA 90640
[email protected]
Montebello
Land & Water
Company
Brett
Ommen
1600 W Beverly Bl
Montebello, CA 90640
(714) 334-5702
[email protected]
Crown Castle Michael
Moats
1500 Corporate Dr
Canonsburg, PA 15317
(949) 936-0043
[email protected]
Redflex
Traffic
Systems
Jerry
Newton
5651 W Talavi Blvd
Suite 200
Glendale, AZ 85306
(800) 568-8405
[email protected]
[email protected]
SoCalGas
Distribution
Belvedere
Dan Garcia 701 N Long Beach Blvd
Compton, CA 90221
(213) 231-8183
[email protected]
Charter /
Spectrum -
Irwindale
Jose Munoz 4781 Irwindale Ave
Irwindale, CA 91706
(626) 430-3351
[email protected]
SCE Trans
Telecom,
Utiliquest for
SCE Dist -
Metro East &
West Reg
Menifee
Engineering
Service
(#241479P)
14005 S Benson Ave
Chino, CA 91710
(951) 928-8290
CITY POLICE AND FIRE DEPARTMENT Police: (323) 887-1313
Fire: (323) 887-4510
UNDERGROUND SERVICE ALERT (800) 422-4133 Tel
(909) 808-8101 Fax
TRASH COLLECTORS – ATHENS DISPOSAL (626) 336-6100
STREET SWEEPING – NATIONWIDE (562) 860-0604
MONTEBELLO UNIFIED SCHOOL DISTRICT (323) 887-7900
MONTEBELLO TRANSIT (323) 558-1625

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EMERGENCY INFORMATION
The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Engineer and the City Police Department prior to beginning work.

STANDARD SPECIFICATIONS
The Standard Specifications and Standard Plans of the City are contained in the Latest Edition of the Standard Specifications for Public Works Construction (SSPWC) and Standard Plans for Public Works Construction (SPPWC). Copies of these Standard Specifications and Plans are available from the publisher, Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, CA 92081.

The City also uses the Standard Specifications and plans of the State of California Department of Transportation (Caltrans) which Standard Specifications and Plans are available from Caltrans District 7, Los Angeles or Caltrans Office in Sacramento.

The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, Special Provisions, or other contract documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted and the section numbers of the Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring elaboration, amendment, specifying of options, or additions are called out.

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APPENDIX “B”

SPECIAL PROVISIONS

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SPECIAL PROVISIONS FOR

LED SIGN CITY HALL
C.P. No. 933
Located in the City of Montebello
Front Southwest corner of City Hall
Prepared
In Greenbook 2021 Format

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SPECIAL PROVISIONS
PART 1 – GENERAL PROVISIONS
FOR

LED SIGN CITY HALL
C.P. No. 933

IN THE CITY OF MONTEBELLO
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), latest 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
The following additions/modifications are hereby made to Subsection 1-2 of the Standard Specifications:
1-2 TERMS AND DEFINITIONS
Agency: City of Montebello
Board: City Council of the City of Montebello
Caltrans: State of California, Department of Transportation City: City of Montebello
County: County of Los Angeles
Engineer: The City Engineer of the City of Montebello or authorized representative Federal: United States of America
Contractor: The word Contractor means the Contractor as defined herein or his authorized representative.
1-7 AWARD AND EXECUTION OF CONTRACT
1-7.1 General
Subsection 1-7.1 of the Standard Specifications is hereby replaced with the following:

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Within ten (10) working days after the date of the City’s notice of award, the Contractor shall execute and return the following contract documents to the City:
• 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 City and forfeiture of the Proposal Guarantee by the Contractor.

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

A corporation to which an award is made may be required, before the Contract Agreement is executed by the City, 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 sentence of the fourth paragraph of this subsection of the Standard Specifications for Public Works Construction (SSPWC) is hereby deleted and replaced with the following:

The Faithful Performance 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.

The second and third sentences of the third paragraph of Subsection 2-4 of the Standard Specifications for Public Works Construction (SSPWC) 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.

SECTION 2 – SCOPE OF THE WORK
2-2 PERMITS
This subsection of the Standard Specifications is hereby replaced by the following:

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Prior to the start of any work, the Contractor shall take out the applicable City permits and make arrangements for City inspections. The City will issue the permits at no charge to the Contractor.

The Contractor and all subcontractors shall each obtain a City 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 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. arcwelders, 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.

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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
3-7 CONTRACT DOCUMENTS
3-7.1 General
The following is hereby added after the last paragraph of this subsection of the Standard Specifications:

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.
3-7.2 Precedence of The Contract Documents
This subsection of the Standard Specifications is hereby replaced by the following:

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All of the CONTRACT DOCUMENTS shall be read as complimentary to one another and requiring the highest quality, highest quantity, and highest standard of performance for the Project for the City’s benefit. In the case of a direct conflict between any of the CONTRACT DOCUMENTS, the order of precedence of the CONTRACT DOCUMENTS shall be:

FIRST: Requirements of law, including the Charter and Ordinances of the City.

SECOND: Permits from other Agencies may be required by law or Ordinance.

THIRD: Permits from City Departments may be required by law or Ordinance.

FOURTH: Change Orders and/or Supplemental Agreements; whichever occurs last.

FIFTH: Contract/Agreement.

SIXTH: Addenda.

SEVENTH: Bid/Proposal.

EIGHTH: Special Provisions.

NINETH: Plans.

TENTH: Standard Plans.

ELEVENTH: Standard Specifications.

TWELFTH: Reference Specifications.

Detailed plans shall have precedence over general plans. 3-8 SUBMITTALS
The following subsection(s) are hereby added to Section 3-8 of the Standard Specifications

3.8.1.1 Material Submittals.

1. 15 days after the Contractor has received the City's notice to proceed, the Contractor shall submit to the City via email a pdf document with a typewritten list of all materials proposed with quantities, sizes, sources, and quality of materials indicated.

2. Prior to installation of any items, Contractor shall submit, for approval by the City, a list of all materials and equipment proposed for use. Submit product cut-sheets, and data for all materials indicated below for approval including the following (not all inclusive):
a) Electronic Billboard

3. Substitutions for the indicated materials will only be permitted provided the substitute materials are approved in writing, in advance, by the City. All substitute materials shall conform to the requirements of these specifications. If accepted substitute materials are of less value than those indicated or specified, the contract price will be adjusted in accordance with the provisions of the contract.

SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL

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The following is hereby added after the last paragraph of this subsection of the Standard Specifications:

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 City, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one (1) years 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 City 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 OR EQUALS
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 City has designated a sole product. Once the bids have been opened the successful Contractor may discuss with the City the use of another product; which may result in a determination by the City that the other product is equal and possibly that by the City allowing the use of the Contractor proposed equal that a change in the contract amount may result.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-3 LABOR
5-3.2 Prevailing Wages
The following is hereby added to this subsection of the Standard Specifications:

The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, 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.

The following subsection(s) are hereby added to Section 5-3 of the Standard Specifications

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5-3.6 Laws
The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, 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.
5-4 INSURANCE
5-4.2 General Liability Insurance
This subsection of the Standard Specifications is hereby replaced by the following:

CONTRACTOR shall carry and maintain Comprehensive General 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.

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 non-owned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.
5-4.3. Worker's Compensation Insurance
The following is hereby added to this subsection of the Standard Specification:

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required by the California Labor Code for all persons directly or indirectly in connection with this Contract.
5-4.4 Auto Liability Insurance
This subsection of the Standard Specifications is hereby replaced by the following 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.

The following subsection(s) are hereby added to Section 5-4 of the Standard Specifications 5-4.5 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. 5-4.6 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. 5-4.7 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. 5-4.8 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. 5-4.9 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. 5-4.10 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.

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5-4.11 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 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. 5-7 SAFETY
5-7.1 Work Site Safety 5-7.1.1 General
The following is hereby added to this subsection of the Standard Specifications:

It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as its operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public watersupply, interruption of other public services, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work, which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer may seem reasonable and necessary.

The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the City does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety.

The following subsection(s) are hereby added to Section 5-7 of the Standard Specifications:
5-7.9.1 Street Closures, Detours, Barricades.

This subsection is hereby added to section 5-7.9 of the Standard Specifications: Street closures will not be allowed except as specifically permitted by the Engineer.

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At the Pre-Construction meeting, the Contractor shall submit to the Engineer a detailed written plan for traffic control and construction sequencing for the project. The plan shall include drawings as necessary to clearly outline how traffic flow and pedestrian walkways will be handled during the course of construction and where detour and advance notice signs will be posted.

Traffic lane transitions shall not be sharper than a taper of thirty to one.

Temporary traffic channelization shall be accomplished with barricades, K-rail sections or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer.

The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed to remain on finish pavement surfaces.

In no case shall traffic be diverted from the existing traveled way without prior approval of the City Engineer.

The contractor shall include in his Traffic Control Plan use of lighted message boards to notify traffic of project and any changes in vehicle or pedestrian travel routes.

If the Contractor shall fail to provide and install any of the signs or traffic control devices ordered by the Engineer, the Engineer may either stop the work or cause such signs or traffic control devices to be placed by others and charge the cost therefor against the Contractor, and deduct same from the next progress payment
5-7.9.2 Protection of the Public.

This subsection is hereby added to section 5-7.9 of the Standard Specifications:

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SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.

The following is hereby added to this subsection of the Standard Specifications:

The Contractor’s proposed Construction Schedule shall be submitted to the Engineer within ten working days after the date of the City’s execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed Construction Schedule and delivery dates, arrange utility coordination a non-pay item, discuss construction methods, and clarify inspection procedures.

The Contractor shall submit periodic Progress Reports to the Engineer by the last day of each month. The Report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.
6-3.2 Contract Time Accounting.

The following is hereby added to this subsection of the Standard Specifications:

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, for daytime work and to the hours between 8:00 p.m. starting Monday and 5:00 a.m. ending Saturday, excluding holidays, for nighttime work. 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.

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

This subsection of the Standard Specifications is hereby replaced by the following:

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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 City 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.

Sureties 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.

Decisions to Withhold Progress Payments
The Engineer may withhold or nullify the requested Progress Payments in whole or in part due to the Contractor to such extent as may be necessary to protect the City from loss as a result of because of any of the circumstances listed below:
a. Defective work not remedied in accordance with provisions of the Contract Documents;
b. Third party claims, liens or stop notices filed or reasonable evidence indicating probable filing of such claims, liens or stop notices;

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c. Failure of the Contractor to make payments properly for labor, services, materials, equipment, or other facilities or to subcontractor;
d. A reasonable doubt that the work can be completed for the unpaid balance of the Contract Sum;
e. A reasonable doubt that the Contractor will complete the work within the agreed Contract Time;
f. Costs to the Owner resulting from failure of the Contractor to complete the work within the stipulated time, or in accordance with the terms of the contract; g. Damage to other work or property;
h. Failure to fulfill all the requirements of the Contract Documents; i. When there is pending litigation against the City related to this contract or reasonable anticipation thereof;
j. Failure of the contractor to maintain all records as required; to submit progress schedules, weekly payroll records, minority enterprise utilization reports and forms and any other such item required by these specifications; k. Failure to pay laborers and mechanics employed by the contractor or any subcontractor on the work the full amount of wages required by this contract, after written notice to the contractor.
l. Failure of Contractor of the subcontractors to comply with applicable laws; m. Any reason specified elsewhere in the Contract Documents as grounds for a withholding, offset or setoff or that would legally entitle City to a setoff or recoupment;
n. Additional professional, consultant or inspection services required due to Contractor’s failure to comply with Contract Documents; o. Liquidated damages payable to City;
p. Materials ordered or paid by City on behalf of Contractor; q. Damage loss caused to City, a separate contractor, homeowner contractor or any other person or entity due to the actions of the Contractor; r. Cleanup performed by City and chargeable to Contractor; s. Failure of Contractor to pay contributions due and owing to employee benefits funds pursuant to applicable collective bargaining agreements or trust agreements; t. Failure of Contractor or any Subcontractor to properly pay prevailing wages as defined in California Labor Code Section 1720 et/ seq.; u. A breach by Contractor of any obligation or provision of the Contract Documents. v. Whenever the City shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld and the reasons therefore shall be given the Contractor, and, when the Contractor shall remove the grounds for such withholding, the City will pay to the Contractor, within 35 calendar days, the amount so withheld.

Application of Withholding
Sums properly withheld in good faith may be used by City without a prior judicial determination of City’s actual rights with respect to recovery of any Loss on which such withholding is based.

Contractor agrees and hereby designates City as its agent in for such purposes, and agrees that such payments shall be considered as payments made under the Construction Contract by City to Contractor. City shall submit to Contractor accounting of such funds disbursed on behalf of

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Contractor. As an alternative to such payment, City may, in its sole discretion, elect to exercise its rights to adjust the Contract Sum.

Payment by City
After an Application for Progress Payment has been made, the City shall make payment in a timely manner unless there is a good faith reason for withholding the payments in accordance with the provisions of the Contract Documents or Applicable Law.

Payment to Subcontractors
Upon receipt of payment from City, Contractor shall pay the Subcontractors performing the Work, out of the amount paid to Contractor on account of such Subcontractor’s portion of the work, the amount of which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and Applicable Laws, including, without limitation, California Public Contract Code Section 7107. Contractor shall remain responsible, notwithstanding a withholding by City pursuant to the terms of these General Conditions, to promptly satisfy from its own funds sums due to all Subcontractors who have performed the Work that is included in Contractor’s Application for Payment. Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its sub-contractors and suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payments to Subcontractors, of any Tier.

Direct Negotiation of Stop Notices
City shall have the right to directly discuss, negotiate, settle or pay, without notice to or participation by Contractor, any stop notice claims asserted by the Subcontractors, of any Tier, and to deduct such sums paid from sums due to Contractor.

Release of Stop Notices
Except to the extent of any payments that City fails to make to Contractor under circumstances that constitute a breach by City of its payment obligations under the Contract Documents, if any stop notice, whether invalid or valid, is made, filed with, served upon or asserted against City or a Homeowner by any of the Subcontractors, of any Tier, or their agent or employee, for money claimed due for Work of any kind provided, then Contractor shall within five (5) Days after written notice by City and at Contractor’s Own Expense, procure, furnish and record appropriate releases or other instruments which under Applicable Laws will full release, extinguish and removed such stop notice. Unless and until such stop notice is fully released as afore-stated, City shall have the right to retain from any payments then due, or thereafter to become due, an amount equal to one hundred and fifty percent (150%) of the amount necessary to satisfy, discharge and defend against any such stop notice and any action or proceeding thereon which may be brought to judgment or award. If the amount to be paid, or the amount retained thereon, is insufficient to satisfy, discharge or defend against such stop notice and any action of proceeding thereon, then Contractor shall be liable for the difference and upon written demand shall immediately deposit the same with City.

The provisions in this paragraph are in addition to such other rights as City may have against Contractor under the Contract Documents or Applicable Laws.

Failure of Payment by City

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If, through no fault of Contractor or failure by Contractor to comply with its obligations under the Contract Documents, Payment is not issued within thirty (30) Days after receipt of an undisputed and properly prepared and submitted Application for Payment then Contractor may, upon fourteen (14) additional Days’ written notice to City, stop the Project Work for which such Application for Payment is received until payment is received as to any undisputed and owing work. Any resulting Delay associated with the shut down and start-up of the Project Work as a result of Contractor’s proper exercise of its rights under this paragraph shall constitute a Compensable Delay.

Disputed Payments, Continuous Work
No dispute or disagreement with respect to the amount of any payment claimed due by Contractor shall relieve or excuse Contractor from the obligation to proceed with and maintain continuous, expeditious and uninterrupted performance of the Work.

Completion. Inspection. Punch List. Re-Inspection
A Contractor-generated punch list must be provided to the City or its representative prior to the request for final inspection. It will be the discretion of the City or its representative to grant the final inspection based on the Contractor generated punch list. Contractor shall achieve Completion of the Project Work in accordance with the requirements of the Contract Time and other provisions of the Contract Documents. Contractor shall notify Engineer when Contractor believes that the Project Work for is Complete.

Unless the Engineer determines that the Project Work is not sufficiently complete to warrant an inspection to determine Compliance, the Engineer, accompanied by the Inspector of Record and any others deemed appropriate by the Engineer, will inspect the Project Work performed.

Contractor, along with such Subcontractors and others as Engineer deems necessary shall participate in the inspection. If the Project Work is found to be Complete, then Engineer shall proceed to issue a written completion notice as provided hereinafter.

Any items necessary for Compliance that are found missing, incomplete or requiring correction shall be summarized by Contractor in a Completion Punch List and promptly signed by Contractor and delivered to Engineer. Contractor shall proceed within forty-eight (48) hours after signing the Completion Punch List to commence correction and completion of the items listed.

Contractor shall notify Engineer when the items listed are completed at which time a re-inspection shall be scheduled in the same manner as the original inspection. If said inspection discloses any item, whether or not included on the original Punch List, which is found missing, incomplete, or requiring correction said item shall be corrected before a Notice of Completion shall be issued.

The City shall be reimbursed or at its option shall withhold from Contractor’s payments, amounts incurred by City to conduct more than two (2) inspections to determine Compliance of the Project Work. A Notice of Completion shall be issued by the Engineer when he determines that Compliance of the Project Work has occurred.

Final Completion

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Contractor shall expeditiously and diligently perform all items of Project Work on the Final Completion Punch List so as to achieve Final Completion of the Project Work within the requirements of the Contract Time for Final Completion of the Project Work. Contractor shall forward to Engineer a written notice when Contractor believes that it has completed all of the items on the Final Completion Punch List and is read for a Final Completion Inspection. Unless Engineer determines that the Project Work is not sufficiently complete to warrant an inspection to determine Final Completion, Engineer, accompanied by Inspector of Record and any others deemed appropriate by Engineer, will inspect Project Work performed. If the Project Work is found to be Finally Complete, then Engineer shall proceed to issue a Notice of Final Completion as provided hereinafter.

If said inspection discloses any item, whether or not included on the Final Completion Punch List, which is found missing, incomplete, or requiring correction said item shall be corrected before a Notice of Final Completion shall be issued. The City shall be reimbursed or at its option shall withhold from Contractor’s payments, amounts incurred by City to conduct more than two (2) inspections to determine Final Compliance of the Project Work for any Home. A Notice of Final Completion shall be issued by the Engineer when he determines that Final Compliance of the Project Work has occurred.

Concluding Payment
Upon issuance by Engineer of the Notice of Final Completion for the Project Work Contractor shall submit to Engineer its Application for Payment requesting payment for completion. Without limitations to any other conditions to payment set forth elsewhere in the Contract Documents, the following shall be conditions precedent to a proper submission, and to Engineer’s approval, of Contractor’s Application for Final Payment:

1. Submission of an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Project Work for which City or City’s or Homeowner’s property or funds might be liable have been paid or otherwise satisfied;

2. Submission of consent of Surety, if any, to Completion Payment;

3. Submission of a certificate evidencing that the insurance required by the Contract Documents is in force;

4. Submission of conditional releases and waivers of stop notice and bond rights upon final payment in the form required by California Code Section 3262(d)(3) executed by Contractor and by all Subcontractors, of every Tier, performing any portion of the Project Work;

5. Submission of all Close-Out Documents for the Project Work;

6. Submission of adequate and complete certified payroll records as required by the Contract Documents for any time period that Project Work was performed, which have not been submitted by Contractor in connection with its previous Applications for Payments.

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7. Proper payment of prevailing wages as defined in California Labor Code Section 1720, et seq for the Project Work.

8. Submission of certificates by Contractor and each Subcontractor, as required by any applicable collective bargaining agreement or trust agreement or Applicable Laws, certifying that all employees’ benefits relating to the Project Work due and owing having been paid in full; and

9. Submission of any other documents or information required by the Contract Documents as a condition of Final Payment or Final Completion of the Project Work.

Final Payment Terminates Liability
No claim shall be made or be filed, and neither the City nor any of its officers or agents shall be liable or held to pay any money, except as specifically provided in the Contract Documents.

The acceptance by the Contractor of the final payment aforesaid shall operate as, and shall be, a release to the City and its agents, from all claim and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act or neglect of the City or of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided elsewhere in these General Conditions.

Securities in Lieu of Retention
Provisions of California Public Contract Code Section 22300 et. seq. substitution of eligible and equivalent securities for retention held by City to ensure Contractors performance under the Contract will be permitted at the request and expense of the Contractor and in conformity with California Section 22300. The foregoing notwithstanding, the Contractor shall have ten (10) days following action by the City to award the Agreement to the Contractor to submit its written request to the City to permit the substitution of securities for retention under California Public Contract Code Section 22300. The failure of such Contractor to make such a written request for the City within said ten (10) day period shall be deemed a waiver of the Contractor’s right under California Public Contract Code Section 22300.

In the event the Contractor wishes to choose to exercise its rights under California Public Contract Code Section 22300, the Contractor shall enter into an escrow agreement with the City, and the escrow agent, a state or federally chartered bank in California with a current A.M. Best Rating of not less than “A,” in the form specified by said Section 22300. Contractor shall have the obligation of ensuring that such securities deposited are sufficient to maintain it total fair market value an amount equal to the cash amount of the sums to be withheld under the Agreement. If upon written notice from the City or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City to ensure performance, Contractor shall, within five (5) days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Agreement.

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7.3.3 Delivered Materials
This subsection of the Standard Specifications is hereby replaced by the following:

Materials and equipment delivered but not incorporated into the work will not be included in the estimate for partial progress payment.
7-3.5 Contract Unit Prices 7-3.5.1 General
This subsection of the Standard Specifications is hereby replaced by the following:

If the Engineer orders a change in quantity of an item of Work, and the change does not involve a substantial change in character of the Work from that shown in the Plans or Specifications, the City will adjust the total payment to be made for the item of Work by multiplying the amount authorized and installed by the Contract Unit Price. This amount may be greater or less than the amount shown in the Bid.

If the total quantity of a Major Bid Item is changed, only changes within 25% of the quantity shown in the Bid, either more or less, will be adjusted at the Contract Unit Price. 7-3.5.2 Increases of More than 25 Percent
This subsection of the Standard Specifications is hereby replaced by the following:

No adjustments for any unit bid price for any quantity that will vary by more than 25% will be allowed.
7-3.5.3 Decreases of More than 25 Percent
This subsection of the Standard Specifications is hereby replaced by the following:

No adjustments for any unit bid price for any quantity that will vary by more than 25% will be allowed.

7.4 PAYMENT FOR EXTRA WORK
7-4.3 Markup
7-4.3.1 Work by the Contractor

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The following is hereby added to this subsection of the Standard Specifications:

The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit:
• Labor 20%
• Materials 15%
• Equipment Rentals 15%
• Other Contractor's costs 15%
One percent (1%) may also be added to the sum of costs and markups as compensation for the Contractor's bond premium.
7-4.3.2 Work by the Subcontractor
The following is hereby added to this subsection of the Standard Specifications:

When a subcontractor performs all or any part of the extra work, the markups in paragraph (a) shall be added to the subcontractor's actual cost of such work. The Contractor may add an additional markup of 10% of the first $5,000 of the subcontracted portion of the extra work and 5% on work added in excess of $5,000 of the subcontracted portion of work.

SECTION 8 – FACILITIES FOR AGENCY (CITY) PERSONNEL
Replace this section of the Standard Specifications with the following:

No field offices for City personnel will be required, however, the City 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.

SECTION 9 – CITY STANDARDS, STANDARD PLANS AND DRAWINGS Section 9 is hereby added to the Standard Specifications as follows:

All public improvements, construction and dedications required and described in this manual shall conform to the standards and specifications of the City. Standards, Standard Plans and Drawings of the following agencies are used by the City of Montebello and are part of the City’s standards.

Where there is ambiguity or conflict between standards over which standard shall apply, the City Engineer shall determine what shall apply, and his determination shall be final. All construction is subject to the approval of the City Engineer.

Standard Plans – Standard Plans for Public Works Construction, SPPWC, “Latest Edition and Supplement”.

Los Angeles County Public Works Department – Grey Book and all plans except those modified or replaced by City Standards.

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Sanitation Districts of Los Angeles County - Applicable sewer and manholes.

State of California – California Department of Transportation (Caltrans) Standard Specifications and Standard Plans - Pavement markings and traffic loops.

City Standards - All applicable standard plans.

Standard Specifications - The 2021 edition of, and applicable amendments to, the “Standard Specifications for Public Works Construction (SSPWC).”
California Manual on Traffic Control Devices (CA-MUTCD), “Latest Edition”.

SECTION 10 – CLAIMS AND PROTESTS
Section 10 is hereby added to the Standard Specifications as follows: Excerpts from the Public Contract Code 9204:
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Claim” means a “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public

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authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

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(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer forsettlement of the issuesin dispute.

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

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(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

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SPECIAL PROVISIONS
PART 2 – BID ITEM DESCRIPTIONS
FOR

LED SIGN CITY HALL
C.P. No. 933

IN THE CITY OF MONTEBELLO
All Bid Items shall be in accordance with the Standard Specifications for Public Works Construction (SSPWC), including supplements, State of California Department of Transportation (Caltrans) Standard Specifications, Latest Edition, and the Special Provisions and General Conditions of these specifications.

BID ITEM NO. 1 - MOBILIZATION/DEMOBILIZATION
Mobilization shall conform to the provisions of Sections 9-3.4 of the Standard Specifications.

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 equipment and materials from the site, clean up and restoration of the work site at the end of project. Mobilization shall also include pressure washing of all USA markings, 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.

Mobilization and Demobilization shall consider 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, and incidentals necessary to perform all related items of work.

Payment for Mobilization and Demobilization shall be included in the Lump Sum (LS) Price bid and shall include full compensation for all labor materials, tools, equipment, and for doing all work involved with the project.

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BID ITEM 2 - TRAFFIC CONTROL
Traffic Control, Traffic Control plan, construction signing and traffic maintenance shall comply with the provisions of Section 600 of the Standard Specification and the current requirements set forth in the “Manual of Traffic Controls for Construction and Maintenance Work Zones” published by the Department of Transportation, State of California, and Manual on Uniform Traffic Control Devices (CA-MUTCD), Latest Edition, by the Federal Highway Administration and California, the traffic control plans and these Special Provisions.

The Contractor shall maintain the following clearances from the edge of traffic lanes:
1) 5 feet to any excavation,
2) 2 feet to curbs or temporary concrete barriers,
3) 10 feet to poles and other obstructions on uncurbed roadways.

If determined by the Engineer that it is necessary to decrease these minimum distances to allow for the prosecution of the work, the Contractor shall provide all protective devices required by the Engineer to adequately protect the public.

PUBLIC CONVENIENCE
Within ten (10) working days after the date of the City’s execution of the Contract Agreement the Contractor shall submit a proposed Construction Schedule for approval. Based on the approved project schedule, the Contractor shall notify residents and businesses of the proposed work and post temporary “NO PARKING” signs at no cost to the City. Signs shall be posted at all intersections, and on each side of the street a maximum of 200 feet between signs. Signs may not be attached to existing poles,street lightsstandards or trees. Allsigns must be posted on delineators or stakes provided by the Contractor. The “NO PARKING” signs shall be in place not less than seventy two (72) hours prior to performing the work; therefore a request for changes in the schedule requiring additional posting shall be submitted by the Contractor for approval by the Engineer at least seventy-two (72) hours prior to reconstruction and paving the street. All conflicting parking signage shall be covered.

Due to the nature of this project involving major inconvenience to residents and businesses, a good Public Relations Program is mandatory and evidence of satisfactory past performance in this area will be required.

The Contractor is to distribute two (2) City-approved “Public Notice” to each residence and business affected by the project. The first notice shall be distributed ten (10) calendar days prior to the start of any work. The second notice shall be distributed at least seventy-two (72) hours prior to the start of work on a specific section of the street. A sample copy of the notice must be approved by the City. Said notice shall be attached to a red information hanger provided by the Contractor and hung on the gate or front doorknob. The Contractor shall also coordinate with the bus services to ensure the safe operation of buses and access to bus stops in the construction area. Notices shall be in English and Spanish languages.

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The Contractor shall also coordinate with the street sweeping, trash disposal, Montebello Bus Lines and postal services agencies to ensure the safe operation of their vehicle and access in the construction area.

All complaints received by the City associated with the construction project alleging damage to private property and vehicles shall be responded to by the Contractor within twenty-four (24) hours (one working day) of notification. Failure to comply with this provision may result in a penalty of One Hundred dollars ($100.00) per occurrence.

All trucks, which the Contractor proposes to use, that exceed the legal load limit when loaded will be required to have overweight permits issued by the City.

The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project as specified in the Standard Specifications.

PROTECTION OF WORK AND PUBLIC
The Contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the work. The Contractor shall repair all damaged pavement as a result of vandalism (i.e., vehicle tracks, footprints, graffiti, etc.) If deemed necessary by the City, the Contractor shall repair the defective area in accordance with these special provisions.

CONSTRUCTION SIGNING
Construction signing shall consist of furnishing, installing, maintaining and removing construction signs and barricades as required by the “California Manual on Uniform Traffic Control Devices”, CA-MUTCD. The traffic control system shall be installed on a road prior to starting work for that road and shall not be removed until all work has been completed on that road. Existing speed limit signs, which conflict with the work zone speed limit, shall be covered during the entire construction period.

TRAFFIC MAINTENANCE
The Contractor shall be responsible for handling vehicular and pedestrian traffic in accordance with Section 600 of the Standard Specifications and these Special Provisions.

The Contractor shall prepare all necessary traffic control plans and submit to the City for approval at the pre-construction meeting. The traffic control plans shall be prepared by a California Licensed Traffic Engineer and shall show:

1. Notification Signs.

2. Existing and temporary lane lines.

3. Dimensions of the work zone and street improvements.

4. Advance warning signs.

5. Delineators

6. Lighting, for nighttime work.

The plans shall be submitted to the City at the preconstruction meeting prior to commencing work and shall incorporate a complete and separate plan for each stage of construction proposed by the

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Contractor. This plan shall indicate the sequence of lanes or portions of lanes being closed for each phase. The traffic control plans shall indicate the travel plan for each phase of construction. The traffic control plans shall state:

1. That the plan will conform to “California Manual on Uniform Traffic Control Devices”, CA-MUTCD.

2. Emergency contact person and phone number.

3. Minimum lane widths and minimum clearance to obstructions.

The traffic control plan shall be approved by the City of Montebello prior to beginning any removals.

The Contractor shall cooperate with the City of Montebello relative to handling traffic through all work areas and shall make his own arrangements relative to keeping the working area clear of parked vehicles and maintaining clear access to driveways.

The Contractor shall furnish and install construction notification signs as shown on traffic control plans and as specified by the City of Montebello.

The Contractor shall provide for controlled pedestrian crossings through the work. Crossings shall provide pedestrians a means of passing over or through the work without tracking tack coat or hot asphalt concrete or P.C.C. work or endangering pedestrian safety. All temporary pedestrian crossings shall be in compliance with the latest Americans with Disabilities Act design standards and supplements.

At intersections, if a cross road needs to be temporarily closed when work is in progress through the intersection and the anticipated traffic delay is more than five (5) minutes, a detour sign shall be installed on the cross street and shall include the installation of advance signing displaying the anticipated delay time. The signing of the detour route shall be approved by the Engineer prior to installation of the detour and closure of the road.

The Contractor shall provide for one lane of travel in each direction at all times unless approved by the Engineer. When two-way traffic is restricted to one lane in each direction, and when applying paving past intersecting roads, traffic shall be controlled as required by the “California Manual on Uniform Traffic Control Devices”, CA-MUTCD. A pilot car and driver will be required at various locations if control by flaggers and/or control devices proves deficient in the opinion of the Engineer. In no case shall the Contractor provide less than one (1) lane of travel in each direction through the construction zone including cross-streets.

Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way at any time. Overnight parking of construction equipment shall be confined to an approved storage site selected by the Contractor and approved by the City.

TEMPORARY GUIDE MARKERS

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Temporary guide markers shall be portable Caltrans Standard Specifications approved delineators.

Only one type of temporary guide marker shall be used on any road at any one time.

Temporary guide markers shall be placed adjacent to the edge of all vertical lips or excavations that exceed 3/4 inches. If the temporary guide markers are damaged, or are not in an up-right position, from any cause, said markers should immediately be replaced or restored to their original locations, in an upright position by the Contractor.

PORTABLE DELINEATORS
The vertical portion of the portable delineators shall be brilliant orange or predominantly orange in color. The posts shall be not less than 100 square inches, measured through the vertical axis of the delineator, normal to the roadway. The minimum height shall be thirty-seven (37) inches above the traveled way.

Two 4-inch nominal width reflective bands shall be mounted a minimum of 1 ½ inches apart and at a height on the post so that one reflective band will be between 2.5 feet and 3 feet above the roadway surface.

Reflective bands shall be flexible vinyl plastic, either white or yellow, and shall have not less than the following dry reflective values at a 0.2 degree divergence angle, expressed I units if candlepower per foot-candle per square foot. The wet reflective values shall not be less than ninety percent (90%) of the dry values.

Dry Reflective Value
Angle of Incidence 4º 5º 30º
White 250 165 50
Yellow10 110 50 50
All tests for reflective values shall be performed in accordance with California Test Method No. 642.

The portable delineators shall be spaced as necessary for proper delineation; however, in no case shall the spacing between portable delineators exceed thirty (30) feet on tangents or twenty (20) feet on curves.

FLUORESCENT TRAFFIC CONES
Provide lighted flashers and lighting for nighttime. Traffic cones shall be fluorescent, new or reconditioned and of good commercial quality, flexible material suitable for the purpose intended.

The outer section of the portion above the base of the once shall be highly pigmented fluorescent orange polyvinyl compound. The overall height of the cone shall be anchored in a manner such that the traffic cone will remain in an upright position. Lighted flashers and lighting shall be provided additionally for nighttime.

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The fluorescent traffic cones shall be spaced as necessary for proper delineation; however, in no case shall the spacing between fluorescent cones exceed thirty (30) feet on tangents or twenty (20) feet on curves.

RESTRICTIONS ON CLOSURE OF STREETS AND TRAFFIC LANES
The Contractor shall conduct all operations so as to provide access to the adjoining properties and have no greater length or quantity of work under construction that can be properly prosecuted with a minimum of inconvenience to the public.

The Contractor shall construct temporary A.C. ramps or equal to provide safe and drivable access to residents and business properties daily.

The Contractor shall coordinate all shipments and deliveries to businesses. If steel plates are required, they shall be provided by the Contractor at no additional cost to the City.

The Contractor shall be responsible for furnishing, placing and maintaining barricades and lights as necessary to protect the public from danger due to the work being done.

No additional amounts shall be paid for erosion control, erosion damage clean-up, and removal of debris from the project site, NPDES requirements, or removal of soil deposited on public streets by construction traffic.

Payment for Traffic Control and Stage Construction shall be included in the Lump Sum (LS) Price bid and shall be considered full compensation for providing and maintaining safe traffic control including all temporary signs, striping and delineation, flaggers, 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, public agencies and the City of Montebello; and complying with the requirements specified in those licenses and permits, coordination, field office facility; and incidentals necessary to perform all related items of work.

BID ITEM NO. 3 – IMPLEMENTATION OF BMPs
Includes, though is not limited to Best Management Practices (BMP); Erosion damage clean-up, and removal of debris from the project site, NPDES requirements, or removal of soil and other materials deposited on public streets by construction traffic.

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

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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 City 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 City will deduct, from the final payment due the Contractor, the total amount of any fines levied on the City, 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.

BID ITEM NO. 4 - ELECTRONIC BILLBOARD
Summary.

Work included:

1. Provide shop drawings including all existing structure and calculations based on the approved product with the city. Contractor responsible for approval and permitting of the sign structure.

2. Survey all onsite existing cabinet dimensions and connection methods.

3. Remove existing display cabinets from existing structure.

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4. Coordinate with Sign Company for Details used for installation and fabrication of sign structure.

5. Fabricate Sign Structure according to manufacturer provided details and direction from City of Montebello. Furnish and install one double face illuminated freestanding sign to match the City & client supplied design concept and engineering using existing support tubes & footing. Supply Watchfire double face 6mm LED display 53" X 111" with double face illuminated top ID cabinet 36" X 111" with 3" reveal.. Billboards would be back-to-back designs with east- and westfacing displays. The proposed billboards would be approximately 15 feet in height.

Quality Assurance.

Requirements of Regulatory Agencies; Codes (refer to most current version):

1. California Building Code

2. Refer to drawings for additional standards and graphics.

Installation contractor to have a valid and current license(s)

1. C45 License

2. Minimum five-years documented experience in sign installation and construction.

Display Units

1. Furnish and install one double face 6mm RGB full color LED outdoor video display unit as manufactured by Watchfire Signs. Contact local product representative for quotes: Todd Einhaus 951-202-9458
[email protected].

2. LED video display system must meet or exceed the minimum specifications as described below. No exceptions will be considered.
1) Pixel Spacing: Center to center pixel spacing must not exceed 6.35 mm (0.25”)
2) Pixel Design: SMD 3-in-1 pixel configuration
3) LED modules: Modules must be completely encapsulated for protection from the environment and be fully submersible under water to demonstrate weatherproof capability. Upon receipt of bid award, winning bidder must provide a demonstration of the LED module running underwater. LED modules provided in the specified display must have the same weatherproofing capability as the demonstration module. 4) Matrix: Each face of this LED display will be no less than 192 pixels high x 432 pixels wide.
5) Cabinet Size: Each face of the LED display cabinet must not exceed 53" H x 111" W. Sign contractor to verify existing cabinet dimensions prior to award of the project.
6) Viewing Area: Each face of the LED display active area must not be smaller than 4' x 9'.

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7) Ventilation: Sign must not require air conditioning. Ventilation (intake & exhaust) will be via Front of display only and MUST NOT require any type of air filters.
8) Character Capability: Minimum character size must be greater than

1.75". Display will have ability to display true type fonts as well as fixed-width fonts.
9) Electrical: Display to draw a max of 26 amps per face at 120 volt. 10) Half-Brightness Viewing Angles: 150 degrees horizontal, 95 degrees vertical.
11) Graphics Capability: The display must be able to show pre-recorded video clips at no less than 30 frames per second. Software driving display must have the ability to Import and store JPG, GIF, PNG, and TGA image files; MP4 video files with HD 1080 capability; MP3, WAV and WMA audio files. 12) Dimming: Photo, auto-adjustment from 1% -100% brightness; Software backup
13) Data Integration: Display must have the ability to display RSS feeds for real time data such as news, sports, weather, Amber Alerts, etc. 14) Degradation: The LEDs must be lifetime rated of at least 100,000 hours.

Lifetime is defined as the point at which the LED degradation reaches 50% original brightness. Rating also based on continuous operation at 100% nit level output as stated in the above brightness specification. 15) Color Capability: Display must have ability to display from color pallet of no less than 1.2 Quintillion colors.
16) Color Calibration: Display to be module color calibrated and set to television standard of D-65 true white to eliminate a "tiled" or "quilted" appearance in the factory before shipment.
17) Communication: 4G cellular wireless data plan provided and configured by display manufacturer using the Verizon network. Display manufacturer to include a Lifetime data plan which will provide cellular data to the display for the life of the display. Security to include password based authentication & SSL encryption.
18) Software: Display software must be cloud based and work on a Windows or MAC system. Include a advanced editor, library of 1,000 plus animation & still images, include a customizable access levels for multiple users, manage multiple screens at once, ability to Import and store JPG, GIF, PNG, and TGA image files; MP4 video files with HD 1080 capability; MP3, WAV and WMA audio files. Overview of features of the display software as well as hardware requirements must be included with bid proposal. 19) On-Board Controller: Manufactured to withstand temperature ranging from -40° to 140° Fahrenheit, have no moving parts and be completely solid state and will run the "Green Hills OS" version 5.0.6 or newer to ensure network security and compatibility.
20) Content: Included with the manufacturer's control software and be prePage 189 of 1646 loaded with a minimum of 1,000 pre-produced content files formatted to the display size being specified; the content must include animations and backgrounds that can be utilized on the display without size modification.

The pre-produced content files need not be specific to any industry type. 21) Security: Password protection must be built into the display software.

Software must not have the capability to update the display without the required password.
22) Training: Display manufacturer is to provide individual and group webinar trainings and must be available for the life of the display. 23) Experience: LED display manufacturer must have a minimum of 15 years continuous experience manufacturing LED display modules and display cabinets under the same business name.
24) Components: LED display modules and cabinet(s) must be manufactured by the same company. Winning bidder may be asked to provide a manufacturing facility tour to Owner or their representative. Cost of travel to and from facility will not be the responsibility of the Bidder, but the Owner.
25) Cabinets: LED display cabinet(s) must be heavy extruded aluminum cabinetry featuring precision mitered corners; solid welds and black coated with a baked acrylic enamel finish.
26) Display Access: LED display must have front access for maintenance and repair.
27) Warranty: Display shall carry a minimum of 5-year parts warranty.

Display manufacturer will send replacement or exchange parts via a maximum 2 business day delivery. Manufacturer will not charge customer up-front for exchange parts and will credit the returned faulty parts prior to invoicing. The above-mentioned service will be provided for the entirety of the 10-year parts warranty.
28) Parts Availability Guarantee: LED display manufacturer must guarantee that replacement parts will be available for a minimum of 10 years from installation date.
29) Technical Support: Phone technical support, troubleshooting and basic display operation support must be provided for the entirety of the display life (15 years minimum).
31) FCC Compliance: The display manufacturer must supply a certificate that the display has been tested by an accredited laboratory and verified to comply with the requirements of the FCC's rules, including the requirements of 47 CFR Sections 2.955, 15.105, 15.107 and 15.109.

Display manufacturer must also guarantee FCC compliance for the life of the display.

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32) Self-Diagnostic monitoring & reporting: LED sign software will have the capability to run an On-Demand sign diagnostics report that will detect hardware issues.

Preparation

1. 2.

Installer to review site conditions and determine that all aspects of structure/building are acceptable for installation of signage.

Installation and wiring to be accomplished in strict compliance with

3. manufacturer instructions.

Installers must be pre-approved by manufacturer prior to commencing

4. work.

Signage / Installation Details to be provided by the sign company.

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.

The Contractor shall be responsible for assuming the cost of removing, hauling, recycling and any other incidental of any petromat found during grinding operation and no adjustment on the Bid price shall be made.

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APPENDIX “C”

STANDARD PLANS

CITY OF MONTEBELLO

LED SIGN CITY HALL
C.P. No. 933

LIST OF STANDARD PLANS
Plan No.

Standard Plans for Public Works Construction:

Description
FILE 52036 Scope of Work
Sign ID 2054498-W6-S Product Specifications

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Encore Image Inc 11700
Claude Ellena, Account Representative
PO Box 9297
Ontario, CA 91762-9297
(909) 986-4632 x303
[email protected]
Shipping Destination
Encore Image Inc
303 W Main St
Ontario, CA 91762-3843
SIGN ID: 2054498 W6-S
Job Site
Name: Montebello Civic Center
Address:

City:

State: Zip:

OPTIONS
Software Ignite OPx (cloud-based)
Software Training On-Site Software Training (One Day)
Communications OPx - 4G Wireless with Watchfire Cellular Data Plan
Wireless Data Plan Life-of-sign Data Plan
Cabinet Separation Standard Up To 15 Feet
Power Requirements US 120 Volts
Temperature Sensor w/100-Step Photocell w/15 ft Cable
Sign Mounting Kit Not Ordered / Not Required
Technician On-Site Not Ordered
Warranty Standard 5-Year Parts
Spare Parts Kit Not Ordered
NOTES

PRODUCT SPECIFICATIONS
Pixel Pitch: W6mm LED RGB
Pixel Matrix: 192H X 432W
Ventilation Style: Front Ventilation
Cabinet Size: 4ft 5in H x 9ft 3in L x 5in D
Viewing Area: 4ft H x 9ft L
Cabinet Style: Double Face (Slim)
Character Size: 20 lines / 86.4 Characters at a 2" type Approx. Weight: 900.00 Lbs.

Warranty: Standard 5 Year Watchfire warranty applies.

Mfg. Lead Time: 3-5 weeks (Based on signed quote, receipt of deposit, and artwork approval - if
applicable)
Electrical Service: 120 VOLT 52.0 amps (26.00 per face) Single Phase Service. Refer to the Installation
manual for details on wiring. Based on 18
hours of operation a day, plus or minus 10%
depending on how the sign is programmed.

Example: 32.3 KWHrs a day x $0.12 =
$3.88/Day

STANDARD FEATURES
Brightness Daytime 7500 NITs Maximum;Nighttime 700
NITs Maximum
Color LED RGB
Color Capability Min. 1.2 Quintillion
Includes Ignite Graphics Software
Video up to 30 FPS
Viewing Angles 150 Horizontal/95 Vertical
$49,801.00 6mm Highbrightness Color LED Message Center - Front Ventilation Included $0.00 2054498 7/29/2025 $49,801.00 Diamond $3,532.00 6.00% OntarioCA Common LTL Carrier False Buyer acknowledges that prior to executing this Agreement Buyer has read or has had the opportunity and means to review the TERMS OF SALE and Seller’s LIMITED WARRANTY, SOFTWARE LICENSE, AND LIMITATION OF LIABILITIES AND REMEDIES at http://watchfiresigns.com/terms-and-conditions-of-sale or in the alternative, a hard copy has been provided to Buyer and its receipt is acknowledged.

This quote/offer is expressly limited to the acceptance by the buyer of its exact terms, including the terms of sale and seller’s limited warranty, software license, and limitation of liabilities and remedies, all of which are a part of the agreement. Any purchase order or related documents buyer issues to seller (even if it contains terms in addition to or inconsistent with the terms of this agreement) for this transaction shall constitute buyer’s unconditional agreement to be bound exclusively by the seller’s terms and conditions of this agreement, and buyer hereby agrees that such additional or inconsistent terms shall not apply nor become a part of this agreement. 6mm Highbrightness Color LED Message Center - Front Ventilation ___________________________
_________________________}
{d*:user
___}
**10 year parts warranty**

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APPENDIX “D”

PROJECT PLANS

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SITE PLAN
SCALE:NTS

SIGN I SCOPE OF WORK/ DESCRIPTION PROJECT TITLE
MANUFACTURE & RETRO-FIT (1) D/F PYLON I.D. CABINET w/
MESSAGE UNIT ON TO EXISTING POST.

CITY OF MONTEBELLO CIVIC CENTER
1600 W. BEVERLY BLVD.

MONTEBELLO, CA
90640
JOB NUMBER 52036
SALES LYND5EE VELTRE

DRAWN BY
CHRl5TIAN.D
SCALE A5 NOTED
DATE 8/5/25
FOLDER C/CITYOFMONTEBELW/52036
FILE 520:36
DESIGN# 001
-----------------

REVISIONS

DATE BY DATE BY

APPROVAL
This proof drawing is for customer review
and approval before fabrication begins.

Encore Image will not be responsible for
problems or discrepancies that could have
been reasonably prevented by the proper
review of this document. • The customer shall provide accessibility lo remote transformers and/or ballasts
for installation, final inspection and
service.
• Dedicated 120 Volt sign circuits with a
ground wire to be provided within 6' of
the display(s) by the customer.
• Sketch may vary from specified colors.

Photos are for visual reference only,
size and placement of signs may vary.

SIGNATURE DATE

PRINTED NAME TITLE
All electrical signs shall comply with
National Electrical Code (Article 600)
and manufactured according to
Underwriters Laboratories U.L. 48
standard and appropriately labeled.

I�
COPYRIGHT 2025
Customer requested to match a design provide.

This design is a duplication of a customer
supplied
design and is not an original Encore Image Sign
design. Encore Image Signs dose not retain
ownership of the design. The customer, by
providing the design, is the indicating that they
have ownership
of the design.

Page 195 of 1646 ends

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APPENDIX “F”

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)

CONTRACTOR REGISTRATION NUMBER FORM

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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) *

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CITY OF MONTEBELLO
PLANS LED SIGN CITY HALL (CP 933)
Attachment B

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SITE PLAN
SCALE:NTS

SIGN I SCOPE OF WORK/ DESCRIPTION PROJECT TITLE
MANUFACTURE & RETRO-FIT (1) D/F PYLON I.D. CABINET w/
MESSAGE UNIT ON TO EXISTING POST.

CITY OF MONTEBELLO CIVIC CENTER
1600 W. BEVERLY BLVD.

MONTEBELLO, CA
90640
JOB NUMBER 52036
SALES LYND5EE VELTRE

DRAWN BY
CHRl5TIAN.D
SCALE A5 NOTED
DATE 8/5/25
FOLDER C/CITYOFMONTEBELW/52036
FILE 520:36
DESIGN# 001
-----------------

REVISIONS

DATE BY DATE BY

APPROVAL
This proof drawing is for customer review
and approval before fabrication begins.

Photos are for visual reference only,
size and placement of signs may vary.

SIGNATURE DATE

PRINTED NAME TITLE
All electrical signs shall comply with
National Electrical Code (Article 600)
and manufactured according to
Underwriters Laboratories U.L. 48
standard and appropriately labeled.

I�
COPYRIGHT 2025
Customer requested to match a design provide.

Page 200 of 1646 ends

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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: LED Sign City Hall (CP 933)
Project Applicant: City of Montebello
Project Location - Specific: 1600 W. Beverly Blvd
Project Location – City: Montebello Project Locations – County: Los Angeles Description of Nature, Purpose and Beneficiaries of Project Updating the LED sign at City Hall to allow the City to display timely messages, along with improvements to the building façade of the LED sign.

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

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: November 13, 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

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ITEM # 17

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: AUTHORIZATION TO ADOPT PLANS AND SPECIFICATIONS FOR

CITYWIDE AMERICANS WITH DISABILITIES ACT (ADA)
ENHANCEMENTS (CP 939) AND PROCEED WITH BID

ADVERTISEMENT
DATE: November 12, 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 specifications for CP 939, Citywide Americans with Disabilities Act (ADA) Enhancements; 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 per applicable Public Contract Code and the City of Montebello’s Municipal Code. As soon as staff evaluate all bids, a recommendation will be made at a future City Council meeting and include a well-defined budget.

BACKGROUND/DISCUSSION:

Staff have identified locations across all five City Council districts for the removal and replacement of damaged and lifted sidewalks in an effort to improve ADA paths of travel.

Many sidewalks have been damaged and lifted several inches due to tree root intrusion,

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CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 12, 2025

Page 2 of 3 ends

creating safety hazards for pedestrians. This work will be carried out in conjunction with the Sidewalk Improvements Project (CP 941) and will address areas where sidewalk displacement exceeds a 2½ inch lift.

The final construction specifications (Attachment A) are completed in accordance with applicable engineering standard specifications and are consistent with the City’s procurement policies and applicable municipal code chapters. The City Council is required to approve and adopt construction documents and authorize the bid request for all public projects. The bid advertisement 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 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 upload the Notice Inviting Bid (NIB) to PlanetBids for posting.

The following tentative schedule has been identified for the bid process:

Bid Period November 13, 2025 – December 10, 2025
Questions/RFIs due by December 1, 2025, at 12:00 pm
Responses to RFIs due by December 4, 2025, at 5:00 pm
Bid Opening December 10, 2025, at 11:00 am
Award of Contract (Tentative) January 14, 2026, City Council Meeting Commence Construction Date February 2, 2026
Tentative Completion Date May 2026
Close out Project June 2026
ENVIRONMENTAL:

Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination (Attachment B).

ANALYSIS:

N/A
SUMMARY:

Staff recommends the City Council adopt 100% completed specifications for the Citywide ADA Enhancement Project (CP 939); and approve Environmental Assessment pursuant to 14 California Code of Regulation § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA); and, authorize staff to proceed with bid

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CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 12, 2025

Page 3 of 3 ends

advertisement for construction.

ATTACHMENT(S)

1. Attachment A - Specifications - CP939 ADA Enhancements (Citywide)

2. Attachment B - CEQA NOE - CP939 ADA Enhancements (Citywide)

3. Attachment C - Street Sidewalk List - CP939 ADA Enhancements (Citywide)

4. Attachment D - Parks-Golf Course Concrete Locations - CP939 ADA Enhancements (Citywide)

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CITY OF MONTEBELLO

CALIFORNIA

CONTRACT DOCUMENTS

SPECIFICATIONS
FOR

CITYWIDE ADA ENHANCEMENTS
C.P. No. 939
SALVADOR MELENDEZ – MAYOR
GEORGINA TAMAYO – MAYOR PRO TEM
RIC ALONZO – COUNCILMEMBER
SCARLET PERALTA – COUNCILMEMBER
DANIELLE ROMERO – COUNCILMEMBER
RAUL ALVAREZ – CITY MANAGER
CESAR ROLDAN – DIRECTOR OF PUBLIC WORKS
Bid Opening (Electronic Bid through PlanetBids): December 10, 2025, at 11:00 am City of Montebello
Office of the City Clerk
1600 W. Beverly Boulevard
Montebello, CA 90640

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CITYWIDE ADA ENHANCEMENTS
C.P. No. 939

IN THE CITY OF MONTEBELLO

BID SCHEDULE
• Bid Period November 13, 2025 to December 10, 2025 at 11:00 am • Request for Information (RFI) December 1, 2025 at 12:00 pm • City Responses to RFIs due by December 4, 2025 at 12:00 pm • Bid Opening December 10, 2025 at 11:00 am (PlanetBids) • Award of Contract (Tentative) January 14, 2026 City Council meeting • Tentative Construction Start Date February 2, 2026
• Close out Project June 2026
Bid proposals will be received via PlanetBids
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 until 11:00 am on December 10, 2025.

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The image part with relationship ID rId11 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

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CITYWIDE ADA ENHANCEMENTS
C.P. No. 939

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-23
CONTRACT AGREEMENT D-1 to D-21
TECHNICAL SPECIFICATIONS APPENDIX “A”

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)
CONTRACTOR REGISTRATION NUMBER FORM APPENDIX “B”
PROJECT LABOR AGREEMENT APPENDIX “C”

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A-1

NOTICE INVITING BIDS
FOR

CITYWIDE ADA ENHANCEMENTS
C.P. No. 939

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 December 10, 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 December 1, 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.

LABOR COMPLIANCE:

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A-2
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.

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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 ninety (90) 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

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B-1

INSTRUCTIONS TO BIDDERS
FOR

CITYWIDE ADA ENHANCEMENTS
C.P. No. 939

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 all bidders will be held until the successful bidder has properly executed all contract documents.

DELIVERY OF PROPOSAL
Bids shall be submitted directly through:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 by 11:00 A.M. on December 10, 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.

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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.

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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.

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C-1

PROPOSAL
FOR

CITYWIDE ADA ENHANCEMENTS
C.P. No. 939

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.

Page 216 of 1646 ends

C-2

BID PROPOSAL
FOR

CITYWIDE ADA ENHANCEMENTS
C.P. No. 939

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 3% 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 LS $ $
4a REMOVE AND CONSTRUCT 4” PCC
EXISTING CONCRETE SIDEWALK 60,000 SF $ $
4b

CLEARING, GRUBBING COMPACTION

SUBGRADE AND INSTALLING NEW

SIDEWALK PER CITY STANDARDS
7,280 SF $ $
4c

CLEARING, GRUBBING COMPACTION

SUBGRADE AND INSTALLING NEW

SIDEWALK PER CITY STANDARDS AT
1405 S. BLUFF RD AND 1413 S. BLUFF RD
440 SF $
5a REMOVE AND CONSTRUCT 6” CURB
AND GUTTER PER CITY STANDARDS 1,500 LF $ $
5b REMOVE AND CONSTUCT 8” CURB AND
GUTTER PER CITY STANDARDS 1,500 LF $
6 REMOVE AND CONSTRUCT 6” PCC
DRIVEWAY APRONS/APPROACHES 3,000 SF $ $
$
$

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7 REMOVE AND CONSTRUCT 4” A.C. SLOT

PATCH FOR CURB & GUTTER,

DRIVEWAY APRONS/APPROACHES, AND

CURB RAMPS
5,500 SF $ $
8 STEPS AT THE MUNICIPAL GOLF

COURSE AND MONTEBELLO CITY PARK

BASKETBALL COURT AREA
2 EA $ $
9 REPAIR AND REPLACE WITH 4” AC
PAVEMENT DAMAGED BY TREE ROOTS 3,000 SF $ $
10 CONSTRUCT CONCRETE CURB RAMPS 11 EA $ $
11 INSTALL DETECABLE WARNING
SURFACES (TRUNCATED DOMES) 11 EA $ $

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

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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.

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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/public-works/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

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C-6

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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C-8

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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C-10
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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C-11

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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C-12

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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C-15

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

CITYWIDE ADA ENHANCEMENTS
C.P. No. 939

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

CITYWIDE ADA ENHANCEMENT
C.P. No. 939

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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D-2

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 Ninety (90) 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 non- binding mediation.

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

SEC. 15. TERMINATION.

Sec. 15.1. Termination for Convenience.

Sec. 15.2 Termination for Default.

Sec. 15.3 Waiver of Remedies for any Breach.

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

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and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within 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.

SEC. 19. AUTHORITY.

SEC. 20. ENTIRE 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

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proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

SEC. 22. INDEPENDENT CONTRACTOR.

SEC. 23. NOTICE.

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.

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

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”

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.

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.

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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.

5. Notice of Cancellation.

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.

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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.

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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.

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 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

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APPENDIX “A”

TECHNICAL SPECIFICATIONS

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TECHNICAL SPECIFICATIONS FOR

CITYWIDE ADA ENHANCEMENTS
CP. NO. 939

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)

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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.

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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 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”

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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.

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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:

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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

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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 Ninety (90) 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

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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.

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.

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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 3% 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 equipment 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

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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.

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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.

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 Lump Sum (LS) 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. 7-6.4a Bid Item No. 4a – Remove and Construct 4” PCC Existing Concrete Sidewalk 7-6.4b Bid Item No. 4.b – Clearing, Grubbing Compaction Subgrade and Installing New Sidewalk Per City Standards
7-6.4c Bid Item No. 4.c – Clearing, Grubbing Compaction Subgrade and Installing New Sidewalk Per City Standards At 1405 S. Bluff Rd and 1413 S. Bluff Rd This Bid Item shall include all labor, material and equipment required to sawcut, remove, haul away and properly dispose of existing concrete sidewalk and sub-grade compaction. Removal of

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concrete sidewalk as shown on the Contract Drawings shall conform to Subsections 300-1.3.2 (b and c) of the Standard Specifications for Public Works Construction.

Concrete sidewalk shall conform to the provisions of Section 303-5 of the Standard Specifications for Public Works Construction, Standard Plans for Public Works Construction and the Street Improvement Plans made part of these Specifications. Concrete shall be Class 520-C-2500 as specified in Section 201-1.1.2 of the Standard Specifications for Public Works Construction.

Concrete sidewalk shall be a minimum 4” thick per the Standard Plans for Public Works Construction 112-2 and 113-2.

Sawcutting shall be accomplished by the use of a power-driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete sidewalk is constructed. Generally, sawcuts shall be on existing joints or score mark.

All necessary sawcutting of existing concrete sidewalks shall be to the lines shown on plans.

Sawcutting shall be included in the unit price, and no further compensation shall be made.

This item shall include root clearing and/or tree root removal of the sections immediately adjacent and underneath sidewalk in order to bring new sidewalk to final finish grade.

Root pruning of trees shall be approved by Certified Arborist, hired by the City and in accordance with “Pruning Standards,” published by the Western Chapter of the International Society of Arboriculture. All root pruning shall be done in the presence of the City Engineer and the City appointed arborist. Contractor shall closely follow the recommendations by the arborist, when root pruning. Full compensation for root clearing and tree root removal shall be included in the unit price of sidewalk, and no further compensation shall be made.

All existing improvements including Fence/Wall/Gates/Plants/Grass/Trees/Irrigation Systems/etc. that might be damaged during construction should be photographed and videotaped and it is Contractor’s responsibility to protect all existing adjacent features such as landscaping, irrigation system, property’s fence/wall/gates, curb and gutter, pull boxes, utility boxes, and etc. in place per section 300-1.2 of Standard Specifications for Public Works Construction. All damages to these items shall be fixed to the satisfaction of the City of Montebello without any additional compensation. All materials to be removed as indicated on the plans shall be disposed of at a legal site as specified in subsection 300-1.3 of the Standard Specifications for Public Works Construction.

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

Payment for concrete sidewalk shall conform to the provisions of Subsection 303-5.9 of the Standard Specifications for Public Works Construction.

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Payment for Remove & Construct 4” PCC Existing Concrete Sidewalk, Clearing, Grubbing Compaction Subgrade and Installing New Sidewalk Per City Standards, and Clearing, Grubbing Compaction Subgrade And Installing New Sidewalk Per City Standards At 1405 S. Bluff Rd and 1413 S. Bluff Rd per SPPWC Std. Plan 112-2 and 113-2 shall be paid for at the contract unit price per Square Foot (SF) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, grading, subgrade compaction, restoration and incidentals for doing all the work involved complete in place and no additional compensation will be allowed.
7-6.5a Bid Item No. 5a – Remove and Construct 6” Curb and Gutter Per City Standards 7-6.5b Bid Item No. 5b – Remove and Construct 8” Curb and Gutter Per City Standards This Bid Item shall include all labor, material and equipment required to place concrete curb and gutter for the project. Concrete curb and gutter shall conform to the provisions of Section 303-5 of the Standard Specifications for Public Works Construction, Standard Plans for Public Works Construction and the Street Improvement Plans made part of these Specifications. Concrete shall be Class 520-C-2500 as specified in Section 201-1.1.2 of the Standard Specifications for Public Works Construction. Concrete curb and gutter shall be per Standard Plans for Public Work Construction, Standard Plan 120-3 type A2-8 (200) or type A2-6 (150), W=24” over 6” CMB.

Concrete curb and gutter shall be constructed to the line, grades and design to match existing.

Existing curb and gutter to be joined shall be sawcut on a neat, straight line at the join location.

The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City. Work shall include replacement of any AC removed to provide space for forming at no additional cost to the City.

Root pruning of trees shall be approved by Certified Arborist, hired by the City and in accordance with “Pruning Standards,” published by the Western Chapter of the International Society of Arboriculture. All root pruning shall be done in the presence of the City arborist and City Engineer. Full compensation for root clearing and tree root removal shall be included in the unit price of sidewalk, and no further compensation shall be made.

Payment for concrete curb and gutter shall conform to the provisions of Subsection 303-5.9 of the Standard Specifications for Public Works Construction.

Payment for Remove and Construct of 6” AND 8” Concrete Curb and Gutter Per City Standards shall be paid for at the contract unit price per Linear Foot (LF) and shall include full compensation for furnishing all labor, materials, tools, equipment, backfilling, grading, compacting, forming, pouring, finishing, hauling, properly disposing, and incidentals for doing all the work involved complete in place and no additional compensation will be allowed therefor.

Payment for one-foot-wide AC Pavement strip along the curb and gutter for forming purposes shall be included in this bid item of work and no additional compensation will be allowed. 7-6.6 Bid Item No. 6 – Remove and Construct 6” PCC Driveway Aprons/Approaches

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This Bid Item shall include all labor, material and equipment required to sawcut, remove, haul away and properly dispose of existing concrete driveway and related adjacent areas needed to construct a new driveway. Removal of concrete driveway approach as shown on the plans in conformance to Subsection 300-1.3.2 (b and c) of the Standard Specifications for Public Works Construction and the rules outlined herein about endeavoring to maintain operational access of a driveway.

Sawcutting shall be accomplished by the use of a power-driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete Driveway is constructed. Generally, sawcuts shall be on existing joints or score mark.

All necessary sawcutting of existing concrete Driveway Approach shall be to the lines shown on plans. Sawcutting shall be included in the unit price, and no further compensation shall be made.

Per Public Works Standard Plan, 110-2 Driveway Approaches, Curb & Gutter adjacent to apron is included as part of the apron as square foot (SF).

All existing improvements including Fence/Wall/Gates/Plants/Grass/Trees/Irrigation Systems/etc. that might be damaged during construction should be videotaped and it is Contractor’s responsibility to protect all existing adjacent features such as landscaping, irrigation system, property’s fence/wall/gates, curb and gutter, pull boxes, utility boxes, and etc. in place per section 300-1.2 of Standard Specifications for Public Works Construction. All damages to these items shall be fixed to the satisfaction of the City of Montebello without any additional compensation.

All materials to be removed as indicated on the plans shall be disposed of at a legal site as specified in subsection 300-1.3 of the Standard Specifications for Public Works Construction.

Payment for Remove and Construct 6” PCC Driveway Aprons/Approaches shall be paid for at the contract unit price per Square Foot (SF) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, grading, sub-grade compaction, restoration and incidentals for doing all the work involved complete in place and no additional compensation will be allowed. 7-6.7 Bid Item No. 7 – Remove and Construct 4” A.C. Slot Patch for Curb & Gutter, Driveway Aprons/Approaches, and Curb Ramps
This Bid Item shall include all labor, material and equipment required to sawcut, remove, haul away and properly dispose of existing material and related adjacent areas needed to remove and construct 4” A.C Sloth Patch for Curb & Gutters, Driveway Aprons/Approaches, and Curb Ramps.

Payment for Remove and Construct 4” A.C. Slot Patch for Curb & Gutter, Driveway Aprons/Approaches, and Curb Ramps shall be paid for at the contract unit price per Square Feet (SF) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, grading, sub-grade compaction, restoration and

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incidentals for doing all the work involved complete in place and no additional compensation will be allowed.
7-6.8 Bid Item No. 8 – Steps at the Municipal Golf Course and Montebello City Park Basketball Court Area
This Bid Item shall include all labor, material and equipment required to sawcut, remove, haul away and properly dispose of existing material and related adjacent areas needed to construct a new stairway based on the Department of Industrial Relations standard specification, §3231.

Stairways.
(a) General:

Every stairway serving any building or portion thereof shall conform to the requirements of this Section. (See Section 3214 for stair rail and handrail specifications and Section 3234 for industrial stairways). (Title 24, Part 2, Section 3305(a).) (b) Width:
(1) Stairways serving an occupant load of more than 50 shall be not less in width than 44 inches.

Stairways serving an occupant load of 50 or less may be 36 inches wide. Private stairways serving an occupant load of less than 10 may be 30 inches wide. (2) Trim shall not reduce the required width by more than 3 1/2 inches. Handrails may project from each side of a stairway a distance of 3 1/2 inches into the required width. Stringers may project 1 1/2 inches. (Title 24, Part 2, Section 3305(b).) (c) Rise and Run:
(1) The rise of every step in a stairway shall be not less than 4 inches nor greater than 7 1/2 inches. (2) The run shall not be less than 10 inches as measured horizontally between the vertical planes of the furthermost projection of adjacent treads. The largest tread run within any flight of stairs shall not exceed the smallest by more than 3/8 inch. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch.

All materials to be removed as indicated on the plans shall be disposed of at a legal site as specified in subsection 300-1.3 of the Standard Specifications for Public Works Construction.

Payment for Steps at the Municipal Golf Course and Montebello City Park Basketball Court Area shall be paid for at the contract unit price per Each (EA) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, grading, sub-grade compaction, restoration and incidentals for doing all the work involved complete in place and no additional compensation will be allowed. 7-6.9 Bid Item No. 9 – Repair and Replace with 4” A.C. Pavement Damaged by Tree Roots

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This Bid Item shall include all labor, material and equipment required to sawcut, remove, haul away and properly dispose of existing concrete sidewalk and sub-grade compaction. Removal of concrete sidewalk as shown on the Contract Drawings shall conform to Subsections 300-1.3.2 (b and c) of the Standard Specifications for Public Works Construction.

Root pruning of trees shall be approved by Certified Arborist, hired by the Contractor and in accordance with “Pruning Standards,” published by the Western Chapter of the International Society of Arboriculture. The Arborist can be a person in the employment of the Contractor as long as the person has been certified by the Western Chapter of the International Society of Arboriculture. The Certified Arborist shall be approved in advance by the Engineer, and all root pruning shall be done in the presence of the City Engineer. Full compensation for root clearing and tree root removal shall be included in the unit price of sidewalk, and no further compensation shall be made.

Payment for Repair and Replace with 4” A.C. Pavement Damaged by Tree Roots shall be paid for at the contract unit price per Square Foot (SF) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, grading, sub- grade compaction, restoration and incidentals for doing all the work involved complete in place and no additional compensation will be allowed. 7-6.10 Bid Item No. 10 – Construct Concrete Curb Ramps
7-6.11 Bid Item No. 11 – Install Detectable Warning Surface (Truncated Domes) This Bid Item shall include all labor, material and equipment required to place concrete curb ramp including adjacent sidewalk, curb and/or gutter, planting area, base, sub-base, and adjacent AC work complete in place for the project. Concrete curb ramps shall conform to the provisions of Section 201-1 of the Standard Specifications for Public Works Construction and shall be placed in accordance with Section 303-5 of the Standard Specifications for Public Works Construction.

Concrete curb ramps shall be per Standard Plans for Public Works Construction, Standard Plan 111-5, case and type per plan.

Concrete Curb Ramps shall be constructed to the line, grades and design shown on the plans or as ordered by the Engineer. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City. Truncated, detectable warning surface shall be yellow and 4’ wide and 3’ long minimum. A sample of material shall be approved by the City of Montebello prior to installation. Provision and installation of truncated detectable warning surface is a part of curb ramp construction, and no further compensation will be allowed.

Payment for concrete curb ramps shall conform to the provisions of Subsection 303-5.9 of the Standard Specifications for Public Works Construction.

Payment for Construct Concrete Curb Ramps AND Install Detectable Warning Surface (Truncated Domes) shall be paid for at the contract unit price per Each (EA), and shall include

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full compensation for furnishing all labor, materials, tools, equipment, backfilling, grading, compacting, forming, pouring, finishing, hauling, proper disposing, and incidentals for doing all the work involved complete in place and no additional compensation will be allowed.

Payment for one-foot-wide AC or PCC Pavement strips along the curb and gutter for forming purposes shall be included in this bid item of work, and no additional compensation will 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
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

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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

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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

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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”

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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.

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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 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

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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.

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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.

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FIGURE 1

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SIGN BRACE ON STEEL TUBE
WIND BRACE, 36” GALV. MILD STEEL, HOT DIPPED
FIGURE 2

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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.

SECTION 400 – PROTECTION AND RESTORATION
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

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Montebello City CouncilNovember 12, 2025

Montebello City Council
November 12, 2025