Montebello City Council
September 9, 2026

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING

WEDNESDAY, SEPTEMBER 9, 2026 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL
Georgina Tamayo, Mayor
Danielle Romero, Mayor Pro Tem
Scarlet Peralta, Councilmember
Ric Alonzo, Councilmember
Salvador Melendez, Councilmember

CITY MANAGER
Raul Alvarez

CITY TREASURER
David Matanga

CITY ATTORNEY
Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of City Clerk Services
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Angelica Palmeros
Fernando Pelaez
Luis Lopez
Kimberly Guillen
Michael Solorza
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria

September 9, 2026: City Council Meeting Page 2 of 6

NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live-streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

PUBLIC COMMENTS:

Remote: To watch the meeting and provide Live Comments on Agenda Items under Public Comment during the Meeting, join the Teams Webinar by calling: 917-768-4786 or using the Teams App with the following link:
https://teams.microsoft.com/meet/248902786844071?p=Pfe9DmtIrdTqUE8C6k Meeting ID: 248 902 786 844 071 Passcode: WU3Jq3Md
Phone Conference ID: 205 740 746#

In-Person: For those wishing to speak during the Public Comment period(s) or public hearing(s) of a City Council meeting, you may address the City Council in person on the day of the meeting. Speaker cards are available at the front of the Council Chambers. Please complete a speaker card and submit it to City Clerk staff prior to the applicable Public Comment or Public Hearing item. Speaker cards will be numbered and called in the order they are received.

Closed Session begins at 6:00 p.m., and Regular Session begins at 7:00 p.m.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.

RULES OF DECORUM:

Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.

Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.

AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:

Agendas, Minutes, and Videos,

September 9, 2026: City Council Meeting Page 3 of 6

IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES

CALL TO ORDER - 6:00 P.M.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

1. CALIFORNIA STATE AUDIT UPDATE
Government Code Section 54956.75

REGULAR SESSION - 7:00 P.M.

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

2. PROCLAMATION FOR NATIONAL HISPANIC HERITAGE MONTH

3. PROCLAMATION FOR NATIONAL PREPAREDNESS MONTH
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.

The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.

Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

September 9, 2026: City Council Meeting Page 4 of 6

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

REGULAR BUSINESS - NONE

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.

4. ACCEPTANCE OF CHET HOLIFIELD COMMUNITY GARDEN PROJECT (CP 945) – NOTICE OF

COMPLETION

RECOMMENDATION: It is recommended that the City Council:

1. Accept the Chet Holifield Community Garden Project (CP 945) as completed by Voltaire Engineering, Inc.; and

2. Approve the final contract amount with Voltaire Engineering, Inc. for the Chet Holifield Community Garden Project (CP 945) in the amount of $377,165; and

3. Approve the Final Total Project Budget (Attachment A); and

4. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder; and

5. Authorize the release of the retention payment of $18,858 due to Voltaire Engineering, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and

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

5. ADOPT SPECIFICATIONS FOR CONSTRUCTION OF LINCOLN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET) PROJECT AND FISCAL YEAR 2026-27 SB 1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT — CP 946 AND CP 951 AND PROCEED WITH BID ADVERTISEMENT

RECOMMENDATION: 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 Lincoln Street Rehabilitation (Wilcox Avenue to 18th Street) Project (CP 946) and FY 2026-27 SB 1 Rubberized Asphalt Street Enhancement Project (CP 951); and

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

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

6. APPROVE ISSUING AUTO BODY REPAIR AND PAINTING SERVICES REQUEST FOR PROPOSALS (RFP) NO. 27-01

RECOMMENDATION: It is recommended that the City Council:

1. Approve issuing Auto Body Repair and Painting Services Request for Proposals (RFP) No. 27-01; and

2. Take such additional, related, action as may be desirable.

7. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4523 WITH ALL-AMERICAN LEADERSHIP, LLC TO

ADD AN ADDITIONAL TRAINING DAY AND INCREASE THE MAXIMUM COMPENSATION

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 4523 with All-American Leadership, LLC to add one additional training day under the Leadership and Culture Foundations Program and increase the maximum compensation by $12,500, for a new total amount not to exceed $62,450; and

2. Authorize the City Manager to execute Amendment No. 1 to Agreement No. 4523 with All-American Leadership, LLC; and

September 9, 2026: City Council Meeting Page 5 of 6

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

8. ADOPT RESOLUTION NO. 26-58 AUTHORIZING THE CITY OF MONTEBELLO TO APPLY FOR FEDERAL

TRANSIT ADMINISTRATION FUNDING UNDER THE GRANTS FOR BUSES AND BUS FACILITIES

INFRASTRUCTURE PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 26-58 authorizing the City of Montebello to apply for Federal Transit Administration (FTA) funding under the Grants for Buses and Bus Facilities Infrastructure Programs (Bus and Facilities Grant), in the amount of $9,155,140, to procure up to ten (10) Compressed Natural Gas (CNG) buses and upgrade the CNG Fueling Dispenser for Montebello Bus Lines (MBL); and

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

9. ADOPT RESOLUTION NO. 26-63 APPROVING A PROPOSITION A LOCAL RETURN FUND EXCHANGE

AGREEMENT BETWEEN MONTEBELLO BUS LINES AND THE CITY OF MONTEBELLO

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 26-63 approving a Proposition A Local Return Fund Exchange between Montebello Bus Lines (MBL) and the City of Montebello; and

2. Amend the Fiscal Year 2026-27 adopted operating budget by increasing appropriations by $2,750,000 in Account No. 210-99-7000.15 (Proposition A, Transfer Out to Transit Fund) and 600-99-4999.76 (Transit, Transfer In from Proposition A); and $1,925,000 in Account No. 600-99-7000.10 (Transit, Transfer Out to General Fund) and 100-99-4999.15 (General Fund, Transfer In from Transit Fund); and

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

10. ADOPT RESOLUTION NO. 26-65 IMPLEMENTING THE COURT ORDER APPROVING THE JACMAR

PROJECT

RECOMMENDATION: It is recommended that the City Council:

1. Approve a Resolution confirming and implementing the Superior Court’s Order dated July 16, 2026, approving Molinari’s application to build 15 single-family residences at 301 Jacmar Drive, Montebello (“Project”) pursuant to the California Housing Accountability Act (“HAA”);and

2. Pursuant to Montebello Municipal Code Section 17.78.130, the City Council refers this item back to the Planning Commission; and

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

11. APPROVAL OF MINUTES: AUGUST 26, 2026, CITY COUNCIL MEETING

RECOMMENDATION: It is recommended that the City Council:

1. Approve said Minutes as is.

12. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 26-62 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED SEPTEMBER 09, 2026.

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 26-62 approving the Warrant Register dated September 09, 2026.

PUBLIC COMMENTS - CONTINUED

AB 1234 TRAVEL REPORTS
Members will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

September 9, 2026: City Council Meeting Page 6 of 6

COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Ric Alonzo, Councilmember

• Danielle Romero, Mayor Pro Tem

• Scarlet Peralta, Councilmember

• Salvador Melendez, Councilmember

• Georgina Tamayo, Mayor

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on September 23, 2026, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Director of City Clerk Services for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, September 6, 2026, no later than 6:00 p.m.

Kimberly Guillen, Director of City Clerk Services

EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet. • CITY OF MONTEBELLO FORECASTED AGENDA

ITEM # 4

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: ACCEPTANCE OF CHET HOLIFIELD COMMUNITY GARDEN
PROJECT (CP 945) – NOTICE OF COMPLETION

DATE: September 9, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Accept the Chet Holifield Community Garden Project (CP 945) as completed by Voltaire Engineering, Inc.; and

2. Approve the final contract amount with Voltaire Engineering, Inc. for the Chet Holifield Community Garden Project (CP 945) in the amount of $377,165; and

3. Approve the Final Total Project Budget (Attachment A); and

4. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder; and

5. Authorize the release of the retention payment of $18,858 due to Voltaire Engineering, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and

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

FISCAL IMPACT:

The final project budget, as detailed in Attachment A, reflects the City Council's previously approved contract amount of $377,166 for the Chet Holifield Community Garden Project (CP 945). Attachment A also identifies total project expenditures of $377,165.

To fund the project, staff appropriated $300,000 to Account No. 221-70-744-6040.10 (Measure A, Parks and Recreation, Capital Project, Contract Services-Outside Contracts) and $77,166 to Account No. 250-70-744-6040.10 (Park Development, Parks and Recreation, Capital Projects, Contract Services-Outside Contracts) for construction

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 9, 2026

of the community garden. The appropriations included a 10% construction contingency to cover unforeseen conditions, project risks, and necessary changes that may arise during construction. The project was completed under the total contract amount; therefore, no budget amendment is required.

BACKGROUND/DISCUSSION:

On May 27, 2026, City Council approved the award of a construction contract to Voltaire Engineering Inc. for the construction of Chet Holifield Community Garden. Community gardens play an important role in enhancing the quality of life in the City of Montebello by promoting public health, strengthening community connections, and supporting the City’s sustainability and equity goals. These shared spaces provide residents with access to fresh, affordable produce, encourage healthy lifestyles through outdoor activity, and create opportunities for neighbors of all ages and backgrounds to engage with one another. In addition, community gardens contribute to environmental stewardship by improving air quality, supporting pollinators, and transforming underutilized spaces into attractive, active community assets that promote neighborhood pride and positive use of public areas.

During surveying, staff identified several areas where water was pooling due to inadequate drainage. To address this issue, contingency funds were used to install a French drain with a graded slope to facilitate proper drainage into the adjacent landscaped areas. Construction also included a storage shed, providing garden maintenance staff with a convenient location to store tools and equipment near the community garden. Additionally, an ADA-compliant walkway was constructed to provide accessible access to and from the garden, with a connection to the restrooms at Chet Holifield Park.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommend City Council accept the Chet Holifield Community Garden Project (CP 945) as complete; approve the Final Project Budget (Attachment A), including all authorized change orders; authorize the City Clerk to execute and record the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder/County Clerk; and authorize the City Manager to release the retention payment to Voltaire Engineering, Inc. upon expiration of the statutory waiting period following recordation of the Notice of Completion.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 9, 2026

ATTACHMENT(S)

1. Attachment A - CP 945 Final Total Project Budget

2. Attachment B - CP 945 Notice of Completion

Project Expenses Final Cost
Invoice No. 1 152,243.20$
Invoice No. 2 162,718.85$
Invoice No. 3 43,345.09$
Retention Invoice 18,858.27$
Total Project Cost: 377,165.41$
Project Funding Budget Amount
Construction Contract Award Amount (Awarded at the May 27, 2026 City Council Meeting) 342,879.00$ Construction Contingency (Awarded at the May 27, 2026 City Council Meeting) 34,287.00$ Total Project Budget: 377,166$

0.59$
Chet Holifield Community Garden Project (CP 945)
Final Total Project Budget
Attachment A

RECORDING REQUESTED BY

CITY OF MONTEBELLO

AND WHEN RECORDED MAIL TO

NAME CITY OF MONTEBELLO

CITY CLERK
STREET 1600 W Beverly Blvd.

ADDRESS
CITY Montebello,

STATE CA
ZIP 90640

SPACE ABOVE LINE FOR RECORDERS USE
________________________________________________________________________________________________________________________________________________

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Montebello

3. The full address of the owner is 1600 W Beverly Blvd., Montebello, CA 90640

4. The nature of the interest or estate of the owner is: in fee.

(if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

_______________________________________________________________________________________________

6. The full names and addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES
____________________________________________________________________________________________

7. A work of improvement on the property hereinafter described was completed on September 9, 2026. The general scope of work consisted of installation of planter boxes, construction of an ADA walkway, construction of a French drain, and layer of different gravel to create foundation.

8. The name of the contractor, if any, for such work of improvement was Voltaire Engineering, Inc.

May 27, 2026
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed is in the City of Montebello County of Los Angeles, State of CA, and is described as follows: Chet Holifield Community Garden Project (CP 945)

Director of Public Works / City of Montebello___
(Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION

I, the undersigned, say: I am the City Clerk of the City of Montebello, the declarant of the foregoing Notice of Completion:

I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _________________, 2026 at City of Montebello, Montebello, CA __________________________________________________(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)
Attachment B

DO NOT RECORD

REQUIREMENTS AS TO NOTICE OF COMPLETION

A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.

The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in- interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title.

For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice.

If the ownership is in two or more persons as joint tenants or tenants is common, the notice may be signed by any one of the co- owners (in fact, the foregoing form is designed for giving of the notice by only one cotenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form.

Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors.

In paragraphs 3, 5 and 6, the full address called for should include street number, city, county and state.

As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form mus t be modified as follows: (1) Strike the words “A work of improvement” from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., “The foundations for the improvements”); (2) Insert the name of the contractor under the particular contract in paragraph 7.

In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor’s name need be given if there is n o general contractor, e.g., on so-called “owner-builder jobs.”

In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached.

In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority.

This standard form covers most usual problems in the field indicated. Before you sign, read it, fill in all blanks, and mak e changes proper to your transaction. Consult a lawyer if you doubt the form’s fitness for your purpose.

ITEM # 5

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: ADOPT SPECIFICATIONS FOR CONSTRUCTION OF LINCOLN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET)
PROJECT AND FISCAL YEAR 2026-27 SB 1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT — CP 946 AND CP 951 AND

PROCEED WITH BID ADVERTISEMENT

DATE: September 9, 2026

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 Lincoln Street Rehabilitation (Wilcox Avenue to 18th Street) Project (CP 946) and FY 2026-27 SB 1 Rubberized Asphalt Street Enhancement Project (CP 951); 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 the recommended actions allows staff to proceed with the bidding for this capital project. After staff evaluate all bids, a recommendation will be made to award the project bid, tentatively scheduled for the October 14, 2026 City Council meeting. The award actions will include a well-defined structured budget. These projects are part of the Fiscal Year 2026-27 Capital Improvement Program (CIP) budget. Once bids are received and evaluated, staff will make a recommendation on budget amendments, if necessary, utilizing Senate Bill 1 (SB1) and Proposition C available funding.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 9, 2026

BACKGROUND/DISCUSSION:

This project aims to resurface various streets adopted via Resolution No. 26-35 as part of the Fiscal Year 2026-27 SB1 Rubberized Asphalt Street Enhancement Project (CP 951). In addition, this project will include the Lincoln Street Rehabilitation Project (CP 946), which will be paved from Wilcox Avenue to 18th Street. The following are the streets and their respective limits:

FY 2026-27 SB 1 Rubberized Asphalt Street Enhancement Project (CP 951)
Street Names From To

RAYWOOD PL AZALEA DR END

HIBISCUS ST

AVENIDA DE LA
MERCED

LINCOLN AVE
BALANDA DR POPLAR AVE 2ND ST

N. DONER DR

LOS AMIGOS AVE

AVENIDA DE LA
MERCED
N. 3RD ST

AVENIDA DE LA

MERCED LOS AMIGOS AVE

VIA ALTAMIRA BEVERLY BLVD GARFIELD AVE
REPETTO AVE N. GARFIELD AVE END

KEENAN ST VIA SAN DELARRO DEWAR AVE

VIA BREVE VIA SAN CLEMENTE FINDLAY AVE
4TH ST WHITTIER BLVD BEVERLY BLVD
3RD ST LOS ANGELES AVE OLYMPIC LN
MOUNTAIN VIEW AVE BLUFF RD 4TH ST
GIVEN PL BLUFF RD 4TH ST

TAYLOR AVE HARDING AVE END

RUBIDOUX ST MADISON AVE HARDING AVE

TAYLOR AVE MADISON AVE HARDING AVE
19TH ST WHITTIER BLVD MEDFORD ST

SPRUCE ST CLEVELAND AVE PALM DR

PALM DR N. 10TH ST
N. MONTEBELLO
BLVD

ALLIS DR END CAROB WY
5TH ST DATE ST ALLIS DR
3RD ST ROOSEVELT AVE LOHART AVE
5TH ST BEACH ST JACMAR DR

CL CINCO ROOSEVELT AVE LOHART AVE
LOHART 3RD ST CL CINCO

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 9, 2026

Lincoln Street Rehabilitation Project (CP 946)
Street Names From To

LINCOLN AVE

N. WILCOX AVE

18TH ST

The final construction specifications are completed in accordance with applicable engineering standard specifications and are consistent with the City’s procurement and purchasing policies and procedures. The City Council is required to approve and adopt construction documents and authorize the bid request for all public projects. The bid advertisement process 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 submit the Notice Inviting Bid (NIB) to PlanetBids. The following tentative schedule has been identified for the bid process:

Tasks Timeline
Bid Period September 10, 2026 – September 30,
2026
Questions Request for Information
due date

September 21, 2026 at 12:00 PM
City Responses to Request for
Information due date September 24, 2026 at 5:00 PM
Bid Opening September 30, 2026 at 11:00 AM
Award of Contract (Tentative) date October 14, 2026 City Council Meeting Commence Construction Project November 2026
Complete Construction January 2027
Close out Project March 2027

ENVIRONMENTAL:

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

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 9, 2026

ANALYSIS:

N/A

SUMMARY:

Staff recommend the City Council adopt 100% completed specifications for the Lincoln Street Rehabilitation Project (CP 946) and FY 2026-27 SB 1 Rubberized Asphalt Street Enhancement Project (CP 951); 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 advertisement for construction.

ATTACHMENT(S)

1. Attachment A - Specifications CP 946 & CP 951

2. Attachment B - CEQA NOE (CP. 946)

3. Attachment C - CEQA NOE (CP 951)

CITY OF MONTEBELLO

CALIF'ORIYIA

CONTRACT DOCUMENTS
SPECIFICATIONS AI{D STANDARD DRAWINGS
FOR
BY 2026.2027 SB1 RUBBERTZED ASPHALT STREET EI\HANCEMENT PROJECT C.P. No. 951
AI{D
LINCOLN STREET REHABTLTTATTON (WTLCOX AVENUE TO LSrH STREET _ STPL FT]I\DING EXCHANGE)
C.P. No.946

GEORGINA TAMAYO -MAYOR
DANTELLE ROMERO _ MAYOR PRO TEM
SCARLET PERALTA - COT]NCILMEMBBR
SALVADOR MELU\DEZ _ C OUNC ILME MBER
RIC AI./OI\%O - COT]NCILMEMBER tEs

RAUL ALVAREZ - CITY MANAGER

CESARROLDAN-DIRECTOR OF PUBLIC W
PREPARED BY:

Bid Opening (Electronic Bid through PlanetBids)
September 30, 2A26 at ll:00 AM
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(5
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ZI.rlrnf)

TCHARKHOUTIAN
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c 044s98
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KEVORK

PROJECT
Attachment A

FY 2026.2027 SBl RTIBBERTZED ASPHALT STREET EIIHANCEMENT PROJECT C.P. No.951
AI{D
LINCOLN STREET REHABILITATION (WILCOX AVEI\IUE TO 18rH STREET - STPL FUNDING

EXCHANGE)
C.P. No.946
IN TI{E CITY OF MONTEBELLO
BID SCIIEDT]LE
o Bid Period
. Questions RFIs due by
. City Responses to RFIs due by
. Bid Opening
. Award of Contract (Tentative)
o Commence Construction Project
. Complete Construction
o Close out Project
September 10, 2026 until I I a.m. on September 30, 2026 September 21,2026 at 12 p.m.

September 24,2026 at 5 p.m.

September 30, 2026 at I I a.m.

October 14,2026 City Council meeting
November 2026
January 2427
March 2027
:S,rJlF.+x:{P;'x*,***:ra,q.*,rlir,.*;i:

Bid proposals will be received via PlanetBids
(httns://www.montebelloca.sov/cms/one.aspx?portalld:58756&nageld:84839) until 11:00 A.M. on September 3012026.

PROPOSALS WILL NOT BE RECETVED IN PERSON
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KEVORK

2 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 Public works/Engineering office at (323) 887-1460.

Cesar Roldan
Public Works Director

3 FY 2026-2027 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT C.P. No. 951
AND
LINCO
LN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET – STPL FUNDING

EXCHANGE)
C.P. No. 946

IN THE C

ITY OF MONTEBELLO

TABLE OF CONTENTS
NOTIC

E INVITING SEALED BIDS

INSTRUCTIONS TO BIDDERS

PROPOSAL

CONTRACT AGREEMENT
A-1 to A-3
B-1 to B-3
C-1 to C-15
D-1 to D-24
SPECI

AL PROVISIONS
PART
1 - GENERAL PROVISIONS
PART
2 – BID ITEM DESCRIPTION

LIST OF STANDARD PLANS

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)

CONTRACTOR REGISTRATION NUMBER FORM
PROJ

ECT SIGNS
PROJECT LABOR AGREEMENT NO. 4202
GP-1 to GP-38
BD-1 to BD-21
APPENDIX “A”
APPENDIX “B”
APPENDIX “C”
APPENDIX “D”

NOTICE INVITING SEALED BIDS
FOR
FY 2026-2027 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT C.P. No. 951
AND
LI
NCOLN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET – STPL FUNDING

EXCHANGE)
C.P. No. 946
IN THE

CITY OF MONTEBELLO
PU
BLIC NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites bids for the above stated project and will receive such bids Bid proposals will be received via PlanetBids (https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839) until 11:00 A.M. on September 30, 2026.
• PROPOSALS WILL NOT BE RECEIVED IN PERSON
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 latest Standard Plans for Public Works Construction (SPPWC), Standard Specifications for Public Works Construction “Greenbook” and 2024 Caltrans Standard Plans and Specifications unless otherwise shown.

CONT
RACT 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 List. All questions from plan holders must be sent through PlanetBids.

Questions: All questions related to this project shall be submitted electronically and received no later than 12:00 p.m. on September 21, 2026, prior to the opening of bids.

PREVAILING WAGE:

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 www.dir.ca.gov/dlsr/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.

A-1

LABOR COMPLIANCE:

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

1. N
o 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. N
o 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. Th
e project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notices prescribed by regulation (See 8 Calif.

Code Reg. §16451(d) for the notice that previously was required for projects monitored by the CMU) 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.

T
he 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.

I
n 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 in a sealed envelope plainly marked on the outside. 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.

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

No bi
d 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.

Th
e AGENCY will deduct five percent (5%) retention from all progress payments as specified in Section 7-3.2 of these Specifications. The Contractor may substitute an escrow holder surety of A-2

equal value to the retention and the Contractor shall be beneficial owner of the surety and shall receive any interest thereon.

Th
e 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 Sixty (60) working days from the effective date of the Notice-to-Proceed to be issued by the City.

BY ORDE
R OF: The City of Montebello, California
Christopher Jimenez, City Clerk
A-3

B-1

INSTRUCTIONS TO BIDDERS
FOR
FY 2026-2027 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT C.P. No. 951
AND
LINCO
LN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET – STPL FUNDING

EXCHANGE)
C.P. No. 946

IN THE CITY OF MONTEBELLO

GENERAL INFORMATION
ELECTRONIC proposals, including all documents required to be submitted with the bid, will be received at the office of the Montebello City Clerk of said City until the date and time specified in the legal notice or addendum to the project documents, whichever occurs latest, for the construction of work described in the project documents or said legal notice. The ELECTRONIC Bid(s) will be evaluated and posted on PlanetBids, where they can be viewed publicly shortly after the bid closes.

ONLY
ELECTRONIC PROPOSALS ARE ACCEPTED.

In a
ddition to the “ELECTRONIC” uploading of Proposal Documents described in the ‘INVITATION TO BIDDERS’, the fully executed original Bid Bond shall be delivered to the Montebello City Clerk on or before the actual bid opening day and time.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

No con
tractor 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 of Industrial Relations pursuant to Labor Code section 1725.5.

No con
tractor 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.

PROP

OSAL 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.

B-2
• PROPOSALS WILL NOT BE RECEIVED IN PERSON
PRO

POSAL GUARANTEE
Pr
oposals 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 of all bidders will be held until the successful bidder has properly executed all contract documents.

DEL

IVERY OF PROPOSAL
Bi
ds shall be submitted directly through PlanetBids
Electronic Bids shall Bids shall be submitted electronically at https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 by 11:00 A.M. on September 30, 2026. It is the bidder’s responsibility to ensure the bids have been successfully submitted thru PlanetBids. Bidders can contact the AGENCY’S Purchasing Officials for confirmation. Late proposals will not be considered.
• PROPOSALS WILL NOT BE RECEIVED IN PERSON

WITHDRAWAL OF PROPOSALS
A pr
oposal 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 Sealed 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.

IRRE

GULAR PROPOSALS
Una
uthorized 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.

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

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

B-3
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.

DIS

CREPANCIES AND MISUNDERSTANDINGS
Bi
dders 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.

EQ

UIVALENT MATERIALS
Al
though 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.

LEGAL RESPONSIBILITIES
Al
l 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.

SURE

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

C-1

PROPOSAL
FOR
FY 2026-2027 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT C.P. No. 951
AND
LINCO
LN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET – STPL FUNDING

EXCHANGE)
C.P. No. 946

IN THE CIT

Y OF MONTEBELLO
TO THE CITY OF MONTEBELLO, as AGENCY
In accordance with AGENCY’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 AGENCY 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 AGENCY 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.

BIDD
ER 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

AGENCY 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 working days after the date of the AGENCY’s notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY’S option, be considered null and void.

The f
oregoing quantities are approximate only, being given as a basis for the comparison of bids,

C-2

and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the engineer. All bids will be compared on the basis of the Engineer’s estimated quantities of work to be performed.

The contractor’s attention is directed to both sec. 7-3.5.2 “Increases of more than 25 percent” and sec. 7-3.5.3 “Decreases of more than 25 percent” of the Standard Specifications which have been eliminated and are replaced by the following:

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

The bidder agrees that in case of not executing the required contract with necessary bonds within ten (10) working days, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his/her bid shall become the property of the City of Montebello.

The bidder also certifies that the bid is a balanced bid. In accordance with section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct.

C-3

BID PROPOSAL
FOR
FY 2026-2027 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT C.P. No. 951

IN THE CIT

Y OF MONTEBELLO
The under
signed 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:

STREET SECTIONS NOS 1 THROUGH 25
ITEM
NO. DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

EXTENDED
AMOUNT
1 Mobilization/ Demobilization (Not to exceed 3%
of total of all other prime contract Bid Items) LS LS $ $ 2 Traffic Control LS LS $ $
3 Cold Mill Existing Asphalt Concrete (AC)
Pavement (2” depth) SF 707,300 $ $
4 Construct 2”-Thick ARHM Overlay TON 9,450 $ $
5 Adjust Existing Storm Drain Frames and
Covers to Finished Grade EA 2 $ $
6 Adjust Existing Sewer and Utility Manhole
Covers and frames to Finished Grade EA 55 $ $
7 Adjust Existing Water Valve Covers and
Frames to Finished Grade
EA 70 $
8 Centerline Striping, Pavement Markings, in
thermoplastic LS LS $ $
9 Construction Survey, Staking, Re-establish
Survey Monuments and Centerline Ties LS LS $ $
STREET SECTIONS NO 1 THROUGH 25
SUB-TOTAL “A “ AMOUNT BID IN FIGURES
$

SUB-TOTAL
“A” AMOUNT BID IN WORDS
$

C-4
LINCO
LN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET – STPL FUNDING

EXCHANGE)
C.P. No. 946
ITEM
NO. DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

EXTENDED
AMOUNT
1 Mobilization/ Demobilization (Not to exceed 3%
of total of all other prime contract Bid Items) LS LS $ $ 2 Traffic Control plan prepared and stamped by a
California licensed traffic or civil engineer
LS LS $ $
3 Cold Mill Existing Asphalt Concrete (AC)
Pavement (2” depth) SF 270,000 $ $
4 Construct 2”-Thick ARHM Overlay TON 3,600 $ $
5 Adjust Existing Storm Drain Frames and Covers
to Finished Grade EA 2 $ $
6 Adjust Existing Sewer and Utility Manhole
Covers and frames to Finished Grade EA 5 $ $
7 Adjust Existing Water Valve Covers and
Frames to Finished Grade including the
groundwater monitoring triangular covers
EA 15 $ $
8 Furnish and Install Traffic Signal Loop
Detectors and Connect to DLC LS LS $ $
9 Centerline Striping, Pavement Markings, in
thermoplastic LS LS $ $
10 Construction Survey, Staking, Re-establish
Survey Monuments and Centerline Ties LS LS $ $
SUB-TOTAL “B “ AMOUNT BID IN FIGURES $
SUB-TO
TAL “B” AMOUNT BID IN WORDS
TOTAL BID =SUB-TOTAL A PLUS SUB-TOTAL B

IN FIGURES
$
TOTA
L BID =SUB-TOTAL A PLUS SUB-TOTAL B

IN WORDS
Bidder’s Signature Title
Company Name

IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

C-5
*Contract will be awarded to the most responsive and lowest responsible bidder based on the amount contained in the “TOTAL BID =SUB-TOTAL A PLUS SUB-TOTAL B ”.

C-6

DESIGNATION OF SUBCONTRACTORS
Ca
lifornia 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 pr
ime 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
Cont
ractor shall, in any activity involving trenching more than four feet deep, notify the Engineer of hazardous materials, subsurface or latent physical site conditions different from those indicated and any unusual site conditions. Contractor shall, in contracts exceeding $25,000, provide detailed plans for trenches or excavations of five feet or more in depth. Cal. Lab. Code § 6705.

C-7

DESIGNATION OF SUBCONTRACTORS
BI
DDER proposes to subcontract certain portions of the work, which are in excess of one-half of one percent of the bid, and to procure materials and equipment from suppliers and vendors as follows:

NAME
, ADDRESS, LICENSE NO.,

AND PHONE NUMBER OF

SUBCONTRACTORS, SUPPLIERS, PORTION OF WORK,

AND VENDORS MATERIALS, OR EQU IPMENT
Prior to award of contract, Contractor shall submit a list of suppliers and vendors, in writing, to the Public Works Director.

C-8

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

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

3. N
ame 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:

C-9

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BID
DER 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.

AFF

IRMATIVE 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-C

OLLUSION AFFIDAVIT
BID
DER 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.

C-10
BIDDER’S INFORMATION
BID
DER certifies that the following information is true and correct:

Bi
dder’s Name
Bu
siness Address:

Tel
ephone
State Contractor’s License No. and Class:

Or
iginal Date Issued Expiration Date
Th
e following are the names, titles, email 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 cu
rrent and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

C-11
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all forenamed principals this day of , 20 .

BI
DDER
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
Subs
cribed and sworn to this day of ,20 .

NOTAR

Y PUBLIC

C-12
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.

PR

OPOSAL GUARANTEE

BID BOND
FOR
FY 2026-
2027 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT
C.P. No. 951
AND
LI
NCOLN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET – STPL FUNDING

EXCHANGE)
C.P. No. 946
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 doll ars ($ ), 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 WI
TNESS WHEREOF the parties hereto have set their names, titles, hands, and seals, this day of , 20 .

BIDDER*
SUR
ETY*
Subscribed and sworn to this day of , 20 .

NOTAR

Y PUBLIC

C-13
*Provide BIDDER/SURETY name, address and telephone number and the name, title, address and telephone number of authorized representative.

C-14
BIDDER’S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
FOR
FY 2026-
2027 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT
C.P. No. 951
AND
LI
NCOLN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET – STPL FUNDING

EXCHANGE)
C.P. No. 946
IN THE

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

QUES

TIONNAIRE
Ha
s 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 o f a violation of law or a safety regulation?
Yes
No
If t
he answer is yes, explain the circumstances in the space provided.

C-15
Note: The following is to be used in case cash, a cashier’s check or a certified check accompanies the proposal.

PR

OPOSAL GUARANTEE
CASH, CASHIER’S CHECK, OR CERTIFIED CHECK
FOR
FY 2026-
2027 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT
C.P. No. 951
AND
LI
NCOLN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET – STPL FUNDING

EXCHANGE)
C.P. No. 946
IN THE

CITY OF MONTEBELLO
Accompanying this proposal is a certified check, a cashier’s check, or bidder’s bond payable to the order of the City of Montebello, or cash in the amount of Do llars
($ ). The proceeds of the same shall become the property of said City if, in case this proposal shall be accepted by said City through the City Council, the undersigned shall fail to execute a contract, with and furnish the insurance and bonds required by the City of Montebello within the specified time; otherwise, the same is to be returned to the undersigned as set forth in the Instructions to Bidders.

Bidder

LINCOLN S
TREET REHABILITION (WILCOX AVENUE TO 18TH STREET – STPL FUNDING EXCHANGE) CP NO. 946
AND
FY
2026-2027 SB 1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT CP NO. 951
THIS ST ANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on _______________, (“Effective Date”) by and between the CITY OF MONTEBELLO, a California m unicipal corporation (the “CITY”) and ______________, a ____________(“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.” RECI
TALS
WHE
REAS, the CITY duly advertised a Notice Inviting Bids on _________________, for the Lincoln Street Rehibition (Wilcox Avenue to 18th Street) (CP 946) and FY 2026-2027 SB 1 Rubberized Asphalt Street Enhancement Project CP 951 (“PROJECT”).

WHE
REAS, o n ________________, 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:

SECTIO
N 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS
a. T
he above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover , the (“CONTRACT DOCUMENTS”) for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Add endums, CONTRACTOR’s Bid for the PROJECT , Scope of Work, general specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement 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. I
n case any of the CONTRACT DOCUMENTS conflict with each other, the order of preference for the CONTRACT DOCUMENTS is:

1. Thi
s AGREEMENT and its Exhibits and or Attachments, including any and all addenda or supplemental agreements.

CONTRACT AGREEMENT
FOR
D-1

PUBLIC WORKS AGREEMENT NO. _____________

2. A
ppendices

3. Standard drawings

4. Details

5. Special Provisions, if any

6. Addendums

7. General Specifications and all referenced specifications

8. Bidders Proposal

9. Instructions to Bidders

10. Notice Inviting Sealed Bids
S
ECTION 2. THE WORK
F
or and in consideration of the payments and agreements to be made and performed by the 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.

S
ECTION 3. TERM; AND TIME FOR COMPLETION
a. T
his Agreement shall expire on __________________, unless terminated earlier as hereinafter provided. This Agreement may be extended up to a six (6) month period upon such terms and conditions mutually agreed upon by the Parties in writing. b. N
otice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed.

SECT
ION 4. COMPENSATION
CO
NTRACTOR 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.

4. 1. Progress Payments
D-2

PUBLIC WORKS AGREEMENT NO. _____________

P
rogress Payments shall be made in accordance with Section 7 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 Contract Code Section 20104.5 0. 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 (7) 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. The CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price apportionment of the labor and materials incorporated into the work under the Agreement 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.

4. 2. Retention of Funds
P
rogress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, the CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price in proportion to the labor and materials incorporated into the work under the Agreement 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 of the CITY (“City Council”) , after CONTRACTOR shall have furnished the CITY with a release of all undisputed Agreement amounts, if required by the 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.

4. 3. Substitution of Securities
P
ursuant to Public Contract Code Sec. 22300, CONTRACTOR shall be allowed to substitute securities for any moneys withheld by the CITY to ensure performance under an Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of 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 CONTRACTOR.

Upon satisfactory completion of the Agreement, the securities shall be returned to CONTRACTOR.

SECT
ION 5. UNDOCUMENTED WORKERS
CO
NTRACTOR 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 Agreement, D-3

PUBLIC WORKS AGREEMENT NO. _____________

and s
hould 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.

SECT
ION 6. NOTICE TO PROCEED
CO
NTRACTOR 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 Sixty (60) Working Days from the commencement thereof.

SECT
ION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS
a
. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB -CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:

1. T
he 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 Agreement.
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. T
he CITY shall promptly investigate the reported conditions. If the 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 CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order. d
. In the event of a dispute between the CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Agreement . CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

SECT
ION 8. MISCELLANEOUS STATUTORY REQUIREMENTS

8.1 . CONTRACTOR License.

D-4

PUBLIC WORKS AGREEMENT NO. _____________

CO
NTRACTOR shall possess a california CONTRACTOR’s license type Class A for the performance of the Project.

8.2. Ineligible CONTRACTOR Prohibited.

Any CONTRACTOR or SUB-CONTRACTOR who is ineligible t o 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.

8.3. Compliance with SB 854 Registration.

T
his P ROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUBCONTRACTOR may be awarded an Agreement 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. CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).

8.4 . Trench and Pipeline Safety.

If th
is Agreement is for more than $25,000 and involves excavation of any trench five feet or more in depth, 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. 8 .5. Utility Relocation.

T
he 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. The 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.

8. 6. Third Party Claims Notification.

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

8. 7. Unfair Business Practices Claims.

T
he CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. 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 Agreement or D-5

PUBLIC WORKS AGREEMENT NO. _____________

t
he sub-Agreement. This assignment shall be made and become effective at the time the CITY renders final payment to CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).

8.8 . Day’s Work.

CO
NTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight (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 Agreement by CONTRACTOR or any SUB -CONTRACTOR for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).
8 .9. Payroll Records.

CO
NTRACTOR 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 Labor Code Sec. 1771.4. 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.

8. 10. Employment of Apprentices.

Nothing in this Agreement prevents CONTRACTOR or any SUB -CONTRACTOR from employing properly registered apprentices in the execution of the Agreement.

CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that CONTRACTORs and SUBCONTRACTORs must submit Agreement 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 SUB-CONTRACTORs 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 Agreements, may be employed on public works in apprenticeable occupations.

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

SECT
ION 9. PREVAILING WAGES
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PUBLIC WORKS AGREEMENT NO. _____________

a. CO
NTRACTOR shall pay prevailing Wage rates for this Project in accordance with the applicable rates referred to in the CONTRACT DOCUMENTS. b. T
he following Labor Code sections are hereby referenced and made a part of this Agreement:

1. S
ection 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.

SECT
ION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
a
. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the 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 the CITY and CONTRACTOR, or should the 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. 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 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 the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the 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 the CITY is shown to have been actively negligent and where the 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 the CITY.

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PUBLIC WORKS AGREEMENT NO. _____________

SECT
ION 11. BONDS
a
. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a P erformance 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.”
SECT
ION 12. INSURANCE REQUIREMENTS
a. P
rior 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 additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A. The 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.
b. E
vidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

C
ity of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
SECT
ION 13. LIQUIDATED DAMAGES
I
n addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CONTRACTOR would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CONTRACTOR. Therefore , if the CONTRACTOR is determined to be liable for such unreasonable delays, the CONTRACTOR and its sureties shall be liable to the C ITY 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 . Such sum is liquidated damages and D-8

PUBLIC WORKS AGREEMENT NO. _____________

s
hall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs.

SECT
ION 14. DISPUTE RESOLUTION

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 Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:
(1
) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with 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.

14. 2 Public Contract Code 9204 Claims
CO
NTRACTOR shall comply with the procedure set forth in Public Contract 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 Contract Code Section 9204 is as follows:

1. CO
NTRACTOR 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. The CITY must respond within 45 days as to which claims are disputed a nd undisputed.

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

4. After meet and confer, an disputed claim remaining shall be submitted to non- binding mediation.

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

SECT
ION 15. TERMINATION.
15 .1. Termination for Convenience.

T
he CITY may terminate this Agreement , in whole or in part, with thirty ( 30) days’ written notice to CONTRACTOR when it is in the CITY’s best interest. CONTRACTOR shall be paid its costs, including Agreement close-out costs, and profit on work performed up to the time of termination. CONTRACTOR shall promptly submit its termination claim to the CITY to be paid the CONTRACTOR. If CONTRACTOR has any property in its possession D-9

PUBLIC WORKS AGREEMENT NO. _____________

bel
onging to the CITY, CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. CONTRACTOR may terminate this Agreement, in whole, with ninety (90) days’ written notice to the CITY.
15 .2 Termination for Default.

If a
t any time CONTRACTOR is determined to be in material breach of the Agreement, a Notice of Potential Breach of Agreement shall be prepared by the CITY, and will be served upon CONTRACTOR and its sureties. If CONTRACTOR continues to neglect or refuses to comply with the Agreement or with the Notice of Potential Breach of Agreement to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Agreement for this Project. 1 5.3 Waiver of Remedies for any Breach.

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

SECT
ION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

PROJECT
I
n 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 CONTRACTOR for a period of three (3) calendar days after receipt of written demand from the 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 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 CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or 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.

SECT
ION 17. COMPLIANCE WITH APPLICABLE LAWS
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PUBLIC WORKS AGREEMENT NO. _____________

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

SECT
ION 18. NOTICE OF COMPLETION
U
pon completion of the PROJECT and acceptance of same by the City Council, the CITY 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.

SECT
ION 19. AUTHORITY
A
ny person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.

SECT
ION 20. ENTIRE AGREEMENT
T
his Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement 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 Agreement.

SECTION

21. ATTORNEY’S FEES AND COSTS
I
f either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement , the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.

All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

SECT
ION 22. INDEPENDENT CONTRACTOR
CO
NTRACTOR 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 CONTRACTOR or any of CONTRACTOR’S officers, employees D-11

PUBLIC WORKS AGREEMENT NO. _____________

or
agents, except as herein set forth. 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 the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.

SECT
ION 23. NOTICE
A
ll notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

To the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan, Public Works Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]
To CONTRACTOR: ______________________
Attn: __________________
Address: ______________
______________________
Phone: ________________
Email: _________________
Email: _________________
An electronic communication (“ Electronic Notice ”) sh all be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTIO
N 24. PROHIBITION AGAINST ASSIGNMENT
T
he experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this D-12

PUBLIC WORKS AGREEMENT NO. _____________

A
greement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.

SECT
ION 25. CUMULATIVE REMEDIES
T
he provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.

SECT
ION 26. COUNTERPARTS
T
his Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. [
SIGNATURE PAGE TO FOLLOW]
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PUBLIC WORKS AGREEMENT NO. _____________

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

CITY OF MONTEBELLO
(“CITY”)
B
y:
___________________________________
Raul Alvarez, City Manager
D
ate:
__________________________________
A
TTEST:
___
__________________________________
Christopher Jimenez, City Clerk
APPR

OVED AS TO FORM
___
__________________________________
Arnold M. Alvarez-Glasman, City Attorney
________________________
(“CONTRACTOR”)
B
y:
________________________________
____________________
D
ate:
________________________________
B
y:
___
_____________________________
________________________
Da
te:____________________________
EXH
IBITS:
• Exhibit A – Insurance Requirements
• Exhibit B – Performance Bond
• Exhibit C – Labor and Materials Payment Bond
• Exhibit D – Contractor’s Proposal
D-14

E
XHIBIT “A”

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

1. C
omprehensive General Liability and Automobile Liability Insurance Coverage.

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

M
inimum 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.

P
roducts/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.

I
f 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 Agreement 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 Agreement, 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.

2. A
utomobile Liability.

CO
NTRACTOR 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.

CO
NTRACTOR 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 Agreement by CONTRACTOR. To the extent that D-15

CO
NTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the work under this Agreement , CONTRACTOR shall require and assure that such SUB- CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.
4 . Additional Insureds.

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

CO
NTRACTOR 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.

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

T
he 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.

A
ll policies of insurance shall be issued by an insurance company acceptable to the CITY and authorized to issue said policy in the State of California. 8 . Approval of Insurer.

T
he insurance carrier providing the insurance shall be chosen by CONTRACTOR subject to approval by the CITY, provided that such approval shall not be unreasonably withheld.
9 . Payment of Premiums.

A
ll 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 the CITY. 10 . Subrogation.

D-16

T
o the fullest extent permitted by law, the Contractor hereby waives its rights and its insurer(s)’ rights of recovery against the City of Montebello under all the required insurance for any loss arising from or relating to this Contract. The Contractor s hall require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver.
1 1. Evidence of Insurance and Claims.

CO
NTRACTOR shall provide certificates of insurance to the 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 Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

D-17

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

PERFORMANCE BOND

PUBLIC WORK
(CALIFORNIA)
KN
OW ALL MEN BY THESE PRESENTS:

W
HEREAS, the Principal and the City of Montebello (“ Obligee”) have entered into a written Agreement, hereinafter called the Agreement , a copy of which is or may be attached hereto, dat ed 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.

N
OW 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, 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 addr
ess at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The addr
ess at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The c
ondition 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 SUB -CONTRACTORs shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Agreement, and during the life of any guaranty required under the Agreement, 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 Agreement that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.

A
s 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.

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 D-18

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.

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

Principal
B
y: __________________________________
Ti
tle: ________________________________
S
urety
B
y: __________________________________
Ti
tle: ________________________________
D
ate: ________________________________
D
ate: ________________________________
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
S
tate of California )
)
County of ___________________________ )
O
n ______________ 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.

W
ITNESS my hand and official seal.

S
ignature __________________________________ (Seal)
-- AND –
(
Proof of signature authorization or power of attorney must be attached) D-19

APPR
OVED AS TO FORM:

_________________________
City Attorney
D-20

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

PUBLIC WORK (CALIFORNIA)
KN
OW ALL MEN BY THESE PRESENTS:

W
HEREAS, ________________________________________, as Principal, has entered into an Agreement dated ___________________, _____, (the " Agreement") with the City of _____________________________ (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 specifications for Project No._______, which requires Principal to file this bond to secure claims made under Civil Code Sections 9550-9554..

N
OW 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 SUB-CONTRACTORs, 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 Agreement, 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 addr
ess at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The addr
ess at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I
f the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB -CONTRACTORs, 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 a greed 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 Agreement , 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 SUB-CONTRACTORs 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 D-21

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.

A
s 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 Agreement, 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 Agreement, 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 Agreement 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.

Thi
s 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.

Thi
s 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.

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

Principal
B
y: _________________________________
Ti
tle: ________________________________
S
urety
B
y: _________________________________
Ti
tle: ________________________________
D
ate: ________________________________
D
ate: ________________________________
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--
D-22

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
S
tate of California )
)
County of ___________________________ )
O
n ______________ 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.

W
ITNESS my hand and official seal.

S
ignature __________________________________ (Seal)
--
AND –
(
Proof of signature authorization or power of attorney must be attached) APPR
OVED AS TO FORM:
________________________

City Attorney
D-23

EXHIBIT “D”
Contractor’s Proposal
D-24

SPECIAL PROVISIONS
PART 1 – GENERAL PROVISIONS
FO
R
FY 2026
-2027 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT C.P. No. 951
AND
L
INCOLN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET – STPL FUNDING

EXCHANGE)
C.P. No. 946

IN THE CITY OF MONTEBELLO
Except as otherwise provided in the Plans, Special Provisions, Special Specifications, or as modified herein, the work embraced herein shall be done in accordance with the appropriate provisions of the Standard Specifications for Public Works Construction, “Green Book”, 2018 Edition, which are hereinafter referred to as the Standard Specifications.

The intention of the contract documents is to include all plant labor, services, materials, tools, equipment, supplies, transportation, utilities, and all other items and facilities necessary therefore, as provided in the contract documents for the proper execution and completion of the work on the project in strict accordance with the plans and specifications.

The Standard Specifications and Standard Plans of the AGENCY are contained in the 2018 Edition, and applicable amendments to, 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, 1612 South Clementine Street, Anaheim, CA 92802, telephone (714) 517-0970.

The AGENCY 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.

GP-1

PART 1 – GENERAL PROVISIONS
S
ECTION 1 – GENERAL
1 -2 TERMS AND DEFINITIONS.

In a
ddition to the terms and definitions of subsection 1-2, whenever in the contract documents the following terms are used, they shall be understood to mean and refer to the following:

ALLOWABLE COSTS means those costs not covered by agreed unit prices, which are to be used in calculating adjustments to the Contract Sum.

ALLOWABLE MARKUPS means the percentage of markups for Work not covered by agree unit prices, which are to be used in calculating adjustments to the Contract Sum.

AP
PLICABLE LAWS means all applicable federal, state and municipal laws (legal and equitable), statutes, building codes, ordinances, regulations and lawful orders (including, without limitation, the City acting in its regulatory capacity) having jurisdiction over the Project, Work, Site, City, or Contractor (including, without limitation, Environmental Laws) and all ordinances, rules and regulations enacted by City. In the event of a conflict between or among Applicable Laws governing Contractor’s performance of the Work, the more stringent shall apply.

A
PPLICATION FOR PAYMENT means Contractor’s certified application for payment for Work in accordance with the Contract Documents.

ARCHITECT means the individual or firm under contract with City primarily responsible to provide design, engineering and related construction administration for the Project.

AGE
NCY: City of Montebello
B
OARD: City Council of the City of Montebello
C
OUNTY: County of Los Angeles
F
EDERAL: United States of America
BIDDING DOCUMENTS means the following collection of documents prepared and issued for the purpose of soliciting Bids for the Work: (1) Invitation to Submit Bids, (2) Instructions to Bidders, (3) Bid Forms, (4) Construction Contract, (5) Special Provisions, (6) Drawings and Schedules, (7) Details, (8) Addenda(s), and (9) those documents, or those portions or provisions of documents that, although not listed among the documents described in Clauses (1) through (8) hereinabove, are expressly cross-referenced therein or attached thereto.

CERTIFICATE FOR PAYMENT means the statement from the Engineer certifying both the undisputed amount of money due to Contractor and the amount of money, if any, that are disputed upon an Application for Payment.

CHANGE means
a modification, change, addition, substitution or deletion in the Work or in Contractor’s means, methods, manner, time or sequence of performing the Work arising from any GP-2

cause or circumstances, including, without limitation, either directly at the request of City or constructively by reason of other circumstances. Use of the term “Change,” in any context, in the Contract Documents shall not be interpreted as implying that Contractor is entitled to an adjustment increasing the Contract Sum or extending the Contract Time on any basis other than for Compensable Change or Compensable Delay.

CHANGE ORDER means a written instrument, signed by City and Contractor in accordance with the requirements of the General Conditions, designating any work that is a change of scope requiring additional expenditure of materials and labor and/or requiring additional time to complete. Its purpose is to establish the terms of City and Contractor’s mutual agreement to an adjustment of the Contract Sum or Contract Time on account of Compensable Change, Deleted Work, Compensable Delay or Excusable Delay.

CHANGE ORDER REQUEST means Contractor’s written request for an adjustment in the Contract Sum and/or Contract Time due to a Compensable Change, Compensable Delay or Deleted Work.

CITY means the City of Montebello, a municipal corporation organized under the laws of the State of California, acting through the City Council or other representatives duly authorized by the City Council to act on City’s behalf.

CITY CONSULTANT means the designated Consultant, other than the Architect, engaged by City (or engaged as a subconsultant to the Architect or Consultant) to provide professional advice with respect to the design, construction or management of the Project.

CITY COUNCIL means
the City Council of the City of Montebello.

CLAIM means a written demand or assertion by City or Contractor seeking, as a matter of right, an interpretation of contract, payment of money, recovery of damages or other relief. A CLAIM does not include the following: (1) a tort claims for personal injury or death, (2) stop notice claims, (3) the right of City to specific performance or injunctive relief to compel performance, or (4) any rights remedies, administrative action, and/or penalties that the City has under applicable law.

CLOSE-OUT DOCUMENTS means the warranties, guarantees, maintenance and operations manuals that, along with electronic versions, are required to be delivered by Contractor to the City upon Final Completion of the Project Work.

COMPENSABLE CHANGE means Extra Work: (1) that is the result of (a) Differing Site Conditions, or (b) revisions in Applicable Laws enacted after the execution of the Construction Contract by City and Contractor, (c) a Change requested in a writing signed by the Engineer, or (d)
other circumstances involving a Change in the Work or which Contractor is given under the Contract Documents a specific and express right to adjustment of the Contract sum; and (2) that is not caused, in whole or part, by the negligence or willful misconduct of Contractor or a Subcontractor of any Tier or a failure to comply with Contractor’s obligations under the Contract Documents; and (3) for which an adjustment to the Contract Sum is not prohibited by nor waived under the terms of the Contract Documents; and (4) that if performed would require Contractor to incur additional and unforeseeable Allowable Costs that would not have been required to be incurred in the absence of such Extra Work.

GP-3

COMPENSABLE DELAY means a Delay to the critical path of activities affecting Contractor’s ability to achieve Final Completion of the Project Work within the Contract Time, not caused, in whole or in part, by the negligence or willful misconduct of Contractor or a Subcontractor or any Tier or a failure to comply with Contractor’s obligations under the Contract Documents, and that is caused solely by any of the following: (1) a Compensable Change, (2) the active negligence of City, Engineer, Architect, City C onsultant or a Separate Contractor, or (3) other circumstances involving Delay for which Contractor is given under the Contract Documents a specific and express right to both an adjustment of the Contract Sum and/or Contract Time.

COMPLETION PUNCH LIST means the list of items of Work to be completed or corrected by Contractor for Final Completion of the Project Work.

CONSEQUENTIAL DAMAGES means damages incurred by either City or Contractor for loss of use, loss of profit or income, loss of revenue, lost opportunity, additional or unabsorbed overhead, loss of management or services, loss of productivity, loss of financing or funding, loss of business reputation, loss of bonding and all similar indirect, economic damages that are caused as a result of either Delay or that result from a termination or suspension (for default or convenience) of all or any portion of the Construction Contract or the Work. Consequential Damages do not include direct or indirect damage or injury to persons or tangible property, including without limitation, the repair or replacement of tangible property damaged or lost.

CONSTRUCTION CONTRACT means the written contract contained in the Bidding Documents and executed between City and Contractor for the Work.

CONTRACT DOCUMENTS means the following collection of documents governing Contractor’s performance of the Work: (1) the Bidding Documents, (2) the Construction Contract between City and Contractor, other terms, conditions and requirements applicable to the performance of the Construction Contract and Work (including General Provisions, any supplemental and Special Provisions and the General Requirements), Drawings, Specifications, Addenda issued prior to execution of the Construction Contract and other documents listed in the Construction Contract and Modifications issued after execution of the Construction Contract, (3) a Change Order signed by both City and Contractor and/or such others, if any, as required by the General Conditions, (4) a Unilateral Change Order signed by City and/or others, if any, as required by the General Conditions, (5) a Field Order signed by City and/or others, if any, as required by the General Conditions, (6) a written order for a Minor Change in the Work issued by the Engineer, and (7) the Declaration of Sufficiency of Funds completed and signed by Contractor.

CONTRACT SUM means the total amount of compensation stated in the Construction Contract, including adjustments authorized by Change Orders or Unilateral Change Orders, that is payable to Contractor for the performance of the Work in accordance with the Contract Documents.

CONTRACT TIME means the total number of working days set forth in the Construction Contract within which Contractor is obligated to submit Materials Confirmations and achieve Completion and Final Completion of the Project Work and/or Project Work, as adjusted for extensions of time permitted under the terms of the Contract Documents and approved by City.

CONTRACTOR means the person or entity under contract with City pursuant to the Construction Contract to serve as the general contractor for construction of the Work.

GP-4

DAY, whether capitalized or not, and unless otherwise specifically provided, means Monday, Tuesday, Wednesday, Thursday, Friday, and does not include weekends or City recognized legal h
olidays.

DEFECTIVE WORK means Work by Contractor or a Subcontractor that is unsatisfactory, faulty, omitted, incomplete, deficient or does not conform to Applicable laws, the Contract Documents or the requirements of any inspection, reference standard, test, code or approval specified in the C
ontract Documents.

DELAY, whether capitalized or not, m eans any circumstances involving delay, disruption, hindrance or interference in the performance of the Work.

DELETED WORK means work that is eliminated due to a Change requested by City.

DESIGN DOCUMENTS means all plans, drawings, tracings, specifications, programs, reports, calculations, models, presentation materials and other materials or documents containing designs, specifications or engineering information prepared by the Architect, City Consultants, Contractor, Separate Contractors or Subcontractors including, without limitation, computer aided design ma
terials, electronic data files and paper copies. The term “Design Documents” includes, without limitation, all building and other designs depicted therein, as well as the written documents themselves.

DIFFERING
SITE CONDITION means an unforeseen condition at a Site or in Existing improvements at a Site. Specifically they are those conditions, located at a Site or in Existing I
mprovements, not otherwise ascertainable by Contractor through the exercise of thorough care and diligence in its inspection of the S ites and Bidding Documents, that constitute: (1) hazardous ma
terials that constitute hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of Applicable Laws; or (2) subsurface or concealed conditions at the Sites or concealed conditions in Existing Improvements which differ materially from those indicated by the Contract Documents or other information available to Contractor prior to submission of the B
id; or (3) unknown physical conditions at the Sites or concealed conditions in Existing improvements of an unusual nature, differing materially from those ordinarily encountered and ge
nerally recognized as inherent in the Work of the character provided for in the Contract D
ocuments.

D
ISCOVERY DATE, used in reference to Contractor’s obligation to give written notice of certain facts, conditions or circumstances, means the earlier of the dates the Contractor either: (1) discovered such facts, conditions or circumstances, or (2) should have discovered such facts, c
onditions or circumstances in the exercise of reasonable care practiced by the general contractors performing public works construction projects in the Southern California area.

DRAWINGS means the graphic and pictorial portions of the Contract Documents prepared by the Architect or a City Consultant showing the design, location and dimensions of the Work, including plans, elevations, details, schedules and diagrams. The term “ Drawings” is used interchangeably with “Plans.”
GP-5

ENGINEER means the City Engineer or the Public Works Director for City of Montebello acting either directly or through properly authorized agents, acting within the scope of the particular duties entrusted to them.

EXCUSABLE DELAY means a Delay, other than a Compensable Delay, to Contractor’s ability to perform within the Contract Time that is (1) not caused, in whole or in part, by the negligence or willful misconduct of Contractor or a Subcontractor of any Tier or a failure to comply with the obligations of Contractor under the Contract Documents; and (2) is unforeseeable, unavoidable and beyond the control of Contractor and the Subcontractor, of any Tier; and (3) the result of a Force Majeure Event. Without limitation to the foregoing, neither the bankruptcy, insolvency nor financial inability of Contractor or any Subcontractor, nor any failure by a Subcontractor to perform any obligation imposed by contract or Applicable Laws, shall constitute grounds for Excusable Delay.

EXTRA WORK means Work (other than Work that is either a logical evolution of the Consultant’s detailing, refinement and clarification of the Drawings and Specifications that are part of the Contract Documents or that is reasonably inferable as necessary to satisfy the design intent for a completed and fully operational system, facility or structure) that is not indicated by the Contract Documents, the performance of which requires the expenditure by Contractor of additional and unforeseen Allowable Costs. Reference to Extra Work shall not be interpreted to mean or imply that Contractor is entitled to an adjustment to the Contract Sum or Contract Time unless such Extra Work constitutes a Compensable Change.

FIELD ORDER means a written directive signed by the City and Contractor that: (1) directs the performance of a Minor Change, (2) directs performance of Work or a Change with respect to which there exists a dispute or question regarding adjustment of the Contract Sum or Contract Time, or (3) establishes a mutually agreed basis for compensation to Contractor for a Compensable Change or Deleted Work under circumstances where performance needs to proceed in advance of the Contractor having completed its substantiation and evaluation of the impact thereof on the Contract Sum or Contract Time.

FINAL COMPLETION, FINALLY COMPLETE means (1) with respect to Project Work, the point at which the following conditions have occurred with respect to such Work: (a) the entirety of such Work is fully completed, including all minor corrective, or “punch list,” items, (b) a permanent and unconditional waiver for the entirety of such Work has been delivered to City, (c) all documents required to be submitted, including without limitation, warranties, guaranties and other Close -Out Documents, (d) such Work and the related portions of the Site have been thoroughly cleared of all construction debris and cleaned in accordance with the requirements of the Contract Documents, including, but not necessarily limited to where applicable, the following:
removal of temporary protections; removal of marks, stains, fingerprints and other soil and dirt from painted, decorated and natural-finished woodwork; removal of spots, plaster, soil and paint from ceramic tile, marble and other finished materi als; all surfaces, fixtures, cabinet work and equipment are wiped in accordance with recommendations of the manufacturer; and all stone, tile and resilient floors are cleaned thoroughly in accordance with manufactures recommendations and buff dried by machine to bring the surfaces to sheen, and (d) all conditions set forth in the Contract Documents for completion of such Work have been, and continue to be, fully satisfied; and (2) with respect to the Project Work, the point at which: (a) all of the conditions set forth in Clause (1) of the Paragraph have occurred for each and every Home comprising the Project; and (b) all GP-6

contractors and subcontractors have been paid and there are no outstanding stop orders claims or claims of any kind that may delay the payment by the City of its ten-percent self-retention monies.

FORCE MAJEURE EVENT means, and is restricted to, any of the following: (1) Acts of God, (2) terrorism or other acts of public enemy, (3) acts or omissions of Governmental Authorities beyond the reasonable foreseeability and control of Contractor, (4) epidemics or quarantine restrictions, (5) strikes, other than those resulting from a violation by Contractor or a Subcontractor of Applicable Laws or applicable collective bargaining agreements, resulting in the unavailability of workers or replacement workers, (6) acts or omissions of the Homeowner that Delay access to a Home or performance of the Work, or (7) unusual shortages in materials that are supported by documented proof that (a) Contractor made every effort to obtain such materials from all available sources located within a reasonable distance of the Site where those materials are to be used in performing the Work, (b) such shortage is due to the fact that such materials are not physically available or could not have been obtained only at exor bitant prices entirely inconsistent with current rates taking into account the quantities involved and the usual industry practices in obtaining such quantities, and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated at the timed the Construction Contract was entered into.

GENERAL CONDITIONS means the herein set forth general terms and conditions.

HAZARDOUS SUBSTANCE means: (1) any chemical, material or other substance defined as or included within the definition of “hazardous substances,” “hazardous wastes”, “extremely hazardous substances,” “toxic substances”, “toxic material”, “restricted hazardous waste”, “special waste”, “contamination”, or words of similar import under any Environmental Law, including without limitation, the following: petroleum (including crude oil or any fraction thereof), asbestos, asbestos-containing materials, polychlorinated biphenyls (“PCB:”) and PCB-containing materials, whether or not occurring naturally; (2) lead paint, or (3) any substance that because of its quantity, concentration or physical or chemical characteristics poses a significant present or potential hazard to human health and safety or to the environment, and which has been determined by any Governmental Authority to be a hazardous waste or hazardous substance.

INSPECTOR OF RECORD means the Inspector responsible, am ong others, for conducting inspections of Project Work.

LABORATORY means the designated laboratory authorized by the Engineer to test materials and work involved in the contract.

LOSS, LOSSES mean any and all economic and non- economic injuries, losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, fines and penalties. “Losses” do not include attorney’s fees or court costs, whether arising as an expense or cost or legal proceeding to which Contractor is a party or as a consequential damage claimed against Contractor by any third person.

MINOR CHANGE means a Change in the Work that does not involve either performance of Extra Work or an adjustment to the Contract Sum or Contract.

MODIFICATION means a written agreement of City and Contractor that amends, adds to or revises the provisions of the Construction Contract or other Contract Documents.

GP-7

NOTICE OF COMPLETION means the written notice by Engineer confirming the date that the Project Work is Finally Completed.

NOTICE TO PROCEED means the written notice issued by City to Contractor to begin the Project Work.

PLANS means the graphic and pictorial portions of the Contract Documents prepared by the A
rchitect or a City Consultant showing the design, location and dimensions of the Work, including plans, elevations, details, schedules and diagrams. The term “Plans” is used interchangeably with “Drawings.”
PROGRESS PAYMENTS means a monthly payment of a portion of the Contract Sum based on Contractor’s progress in the performance of the Work.

PROJECT COMPLETION DATE means the point at which the Project Work is: (1) sufficiently and entirely complete in accordance with Contract Documents so that such Work can be utilized for its intended purpose, (2) receipt by City of all permits and certificates by Governmental A
uthorities, if any, required to occupy and use such Work, and (3) all systems included in the Work are operational as specified, all designated or required inspections and certifications by Governmental Authorities have been made and posted and has been completed.

PROJECT OR PROJECT WORK means the totality of the Work to be per formed by Contractor
under the terms of the Contract Documents covered by the Project Contract.

REQUEST FOR EXTENSION means a formal written request required to be submitted by C
ontractor setting forth the justification and support for Contractor’s request for adjustment in the Contract Time due to an Excusable Delay or Compensable Delay.

REQUEST FOR INFORMATION means a written request by Contractor for clarification of what it perceives to be discrepancies in the Contract Documents, including, without limitation, information in the Contract Documents constituting errors, om issions, c onflicts, ambiguities, lack
of coordination, noncompliance with Applicable Laws or variances between the information in the Contract Documents and field conditions.

SPECIFICATIONS mean the portion of the Bidding Documents consisting of the written r
equirements for materials, equipment, standards and workmanship for the Work and performance of related services.

SPECIAL DAYS means the local holiday shopping season from the second Friday of December through Christmas Day.

SUBCONTRACTOR means a person or entity that has a contract to perform a portion of the Work, including without limitation, subcontractors, sub-subcontractors, suppliers and vendors, of any and every Tier.

SURETY means Contractor’s surety issuing the Bid, Performance and/or Labor and Material Bonds.

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GP-9
TIER means the contractual level of a Subcontractor with respect to Contractor. For example, a “first-tier” Subcontractor is under contract with Contractor. A sub-subcontractor under contract with a first-tier Subcontractor is in the “second tier,” and so on. Use of the phrase “of every tier”, or similar phraseology, in the Contract Documents shall not be interpreted as implying that other provisions of the Contract Documents, where such phases are not used, are intended to be limited application to only the first Tier or to only certain Tiers of Subcontractors.

U
NEXCUSED DELAY means any Delay that is not a Compensable Delay or Excusable Delay, including, without limitation, the following: (1) Delay caused by Contractor’s failure to comply with the Contractor’s Documents, (2) Delay for which Contractor has failed to provide timely and complete Request for Extension, or (3) Delay associated with any circumstances where costs or risk associated with such circumstances are designated in the Contract Documents as being at Contractor’s risk or Contractor’s Own Expense.

UN
ILATERAL CHANGE ORDER means a writing signed by City in accordance with the General Conditions, in which City unilaterally sets forth its determination of the amount of adjustments to the Contract Sum or Contract Time due to a Compensable Change, Compensable Delay or Deleted Work.

WO
RK means the labor, materials, equipment, services, permits, licenses and taxes and all other things necessary for Contractor to perform its obligations under the Contract Documents, including, without limitation, any Changes requested by City.

W
ORKING DAY means Mondays, Tuesdays, Wednesdays, Thursdays and Fridays. It does not include Saturdays, Sundays, or Holidays recognized by the City of Montebello.

Other terms appearing in the Standard Specifications shall have the intent and meaning specified therein.
1 -7 AWARD AND EXECUTION OF THE CONTRACT.
1 -7.1 General.

S
ubsection 1-7.1 of the Standard Specifications is hereby replaced with the following:

W
ithin 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:
• C
ontract Agreement
• F
aithful Performance Bond
• Material and Labor Bond
• Public Liability and Property Damage Insurance Certificate • Wo
rker’s Compensation Insurance Certificate
• Project Schedule

Failure to comply with these requirements will constitute non- responsiveness on the part of the Contractor and will result in annulment of the award by the Agency and forfeiture of the Proposal Guarantee by the Contractor.

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

A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and of the authority of its officers to sign contracts and bonds for the corporation.
1-7.2 CONTRACT BONDS.

The second 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.

The second and third sentences of the third paragraph of Subsection 1-7.2 of the Standard Specifications are hereby deleted and replaced with the following: The “Payment Bond” (Material and Labor Bond) shall be for not less than 50 percent of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the work. The Payment Bond shall remain in effect until thirty-five days after the date of recordation of the Notice of Completion. 1-8 SUBCONTRACTS
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 GP-10

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.

SECTION 2 – SCOPE OF THE WORK
2-2 PERMITS.

The text of 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 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 P rofessions 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.

Wherever the property of the Federal Government, the State of California, the County of Los Angeles, the City of Montebello, any local utilities, or of any other agency affected by the work included in this contract, the Contractor shall bear the cost of all permits and inspection lawfully exacted by said Government, State, County, City, District, Department, or other agency during the time of performing the work affecting said property; also, the Contractor shall bear all cost of traffic regulation and traffic control devices lawfully exacted by said State, County, City, or other agency during the time of performing the work affecting said property.

Where required under the terms of the permits, the Contractor shall obtain liability insurance acceptable to and in an amount required by the public agency having jurisdiction. The policy shall insure said agency against all claims arising out of or in connection with the work to be performed and shall remain in full force and effect until the work is accepted by the City. The Contractor shall furnish to each such agency a certificate of protective liability insurance showing the protection afforded and the amount thereof.

Neither the terms hereof nor anything shown on the drawings in connection with rights -of-way provided by the City shall be construed to entitle the Contractor to conduct operations in said rights-of-way in violation of existing regulations restricting inte rference with watercourses and drainage channels. The Contractor shall take adequate precautions against obstructing storm water flow in any affected watercourse or channel, and shall not deposit excavated materials in any area where they might interfere with or be subject to erosion from such flow. 2-5 THE CONTRACTOR’S EQUIPMENT AND F ACILITIES.

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.

GP-11

2-5.6 All noise producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers, and air inlet silencers where appropriate, in good operating condition that meet or exceed original factory specifications. Mobile or fixed “package” equipment (e.g. arc-welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment.
2-5.7 All mobile or fixed noise producing equipment used on the project, which is regulated for noise output by a local, state, or federal agency, shall comply with such regulation while in the course of project activity.
2-5.8 Electrically powered equipment instead of pneumatic or internal combustion powered equipment shall be used, where feasible.
2-5.9 Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practical from residences.
2-5.10 The hours of conventional construction activities shall be restricted to the periods and days permitted by the local noise or other applicable ordinance. In accordance with the City of Montebello Noise Ordinance, these activities include (but are not limited to) construction, noisy maintenance activities, all spoils and material transport, demolition, and grading and are prohibited between the hours of 4:00 p.m. and 8:00 a.m. on weekdays (Monday through Friday), Saturday and Sundays, and legal holidays, except in cases of emergency as determined and approved in writing by the City Engineer.
2-5.11 The use of noise producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only.
2-5.12 No project related public address, paging, two-way radio, or music system shall be audible at any adjacent residence.
2-5.13 The on-site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. An appeal process to the City shall be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor.
2-5.14
The Contractor shall develop a project noise control plan, which shall be approved and implemented prior to commencement of any construction activity. 2-5.15 Noise control features and plans shall be reviewed a nd 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.

GP-12

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

SECTION 3 – CONTROL OF THE WORK
3-2 SE LF-PERFORMANCE.

The whole paragraph of Subsection 3-2 of the Standard Specifications is hereby delete d 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.

The contract comprises the following documents, including all additions, deletions, modifications, and appendices and all addenda as prepared prior to the date of bid opening setting forth modifications or interpretations of any of said documents:

The Notice of Inviting Bids, the Instructions to Bidders, the accepted Proposal, the List of Subcontractors, the Bid Security Forms, the Agreement, the Faithful Performance Bond, the Payment Bond, Bid Bond, the Plans, General Provisions and the Special Provisions.

GP-13

GP-14
3-7.1 General.

Th
e following is hereby added to this subsection of the General Specifications:

T
he 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.

Th
e whole Subsection 3-7.2 of the Standard Specifications is hereby deleted and replaced with the following:

A
ll 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:

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

S
ECOND: Permits from other Agencies as may be required by law or Ordinance.

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

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

F
IFTH: Contract/Agreement.

S
IXTH: Addenda.

S
EVENTH: Bid/Proposal.

E
IGHTH: Special Provisions.

NINETH: Plans.

TENTH: Standard Plans.

ELEVENTH: Standard Specifications.

TW
ELFTH: Reference Specifications.

Detailed plans shall have precedence over general plans.

3-10 SURVEYING.
3-10.1 General.

The whole Subsection 3-10.1 of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor shall provide construction survey if necessary and as requested by the City Engineer for all the streets shown in the contract documents, including office research of notes, plats or other necessary documents; marking removal limits; grade staking; tying and relocating utilities. All work shall be done to the satisfaction of the Engineer.

The Contractor shall notify the City of Montebello, in advance, in the event that any monumentation or witnesses to the monumentation should fall within any removal area. The Land Surveyor hired by the Contractor shall prior to submittal of the bid, visit the sites or use an internet mapping service to determine the locations and identify all existing centerline ties and monuments and document all theses locations . Contractor shall attach a list of these ties and monuments locations and their description to the bid. The Contractor shall be liable for a back charge in an amount up to $1,000.00 per point obliterated or destroyed without notice or authorization from the City of Montebello.

All work described in this Section shall be done by or under the direction of a Professional Land Surveyor or a Registered Civil Engineer authorized to practice Land Surveying in the State of California herein referred to as “Surveyor”.

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) years after the date of recordation of the Notice of Completion. Within this one- yearperiod, 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 GP-15

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
5-3 LABOR.
5-3.2 Prevailing W ages.

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.

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

The whole Subsection 5-4.2 of the Standard Specifications is hereby deleted and replaced with 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 GP-16

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 leas t 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 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:

CONTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Contract by CONTRACTOR. To the extent that CONTRACTOR utilizes any subcontractor for the performance of any part of the work under this Contract, CONTRACTOR shall require and assure that such subcontractor also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Contract.
5-4.4 Auto Liability Insurance.

The whole Subsection 5-4.4 of the Standard Specifications is hereby deleted and replaced with 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 is hereby added to subsection 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.

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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. 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 subsection 5-7.1.1 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 water supply, 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, GP-18

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 AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY 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 Traffic and Access.

The Contractor shall notify the occupants of all affected properties in writing at least forty-eight (48) hours (2 working days) prior to any temporary obstruction of access. Contractor to revise all dates daily on no-parking signs. If works does not begin on the date posted on the no- parking sign, Contractor then shall replace all signs with the new correct dates. Vehicular access to the property line shall be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer.

At least one twelve-foot-wide traffic lane shall be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The Contractor must submit a traffic control plan to the City and obtain approval of same in writing from the City Engineer. The Contractor shall maintain at least one lane of traffic in each direction at all times during construction. The plan shall be prepared per latest edition of California Manual on Traffic Control Devices (CA-MUTCD).

All driveways have to be open for access during project non-construction hours and days which may require use of plating and other devices or methods.

Under situations of driveway closure to pedestrians, the Contractor shall post advance notice on barricades to direct pedestrian to use the sidewalk on the opposite side of the street or the Contractor may elect to provide continuous K-rail in the curb lane to allow pedestrians to walk in the curb lane behind the K-rail. Any and all devices such as plates, barricades, K-rails and notices shall be continuously maintained for pedestrian and vehicle safety. No curb lanes shall be closed during non-working days of the week. Appropriate advance warning signs shall be continuously maintained as needed during the project. All such devices, warning signs and interruptions of normal vehicle lanes, parking lanes and pedestrian walkways shall be shown on the Traffic Control Plan for advance approval by the City.

Clearances from
traffic lanes shall be five feet t o the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

Clearances from traffic lanes shall be five feet t o the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

GP-19

Any striped roadway shall be delineated by the Contractor with temporary raised reflective markers when it is to be left un-striped overnight.
5 -7.9.1 Street Closures, Detours, Barricades.

T
his 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.

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 i nclude in h is Traffic Control Plan use of lighted electronic 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:

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 water supply, 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 GP-20

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.

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 Agency’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, 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 TIME OF COMPLETION.
6-3.1 General.

This subsection of the Standard Specifications shall be replaced by the following:

All construction work is to be completed within Sixty (60) working days. 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
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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
Th
e liquidated damages value is hereby amended to be $500 per day.

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

Th
e 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.

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

P
ayments 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 fu
ll 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.

Decisions to Withhold Progress Payments
Th
e 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:

1. D
efective work not remedied in accordance with provisions of the Contract Documents;

2. T
hird party claims, liens or stop notices filed or reasonable evidence indicating probable filing of such claims, liens or stop notices;

3. F
ailure of the Contractor to make payments properly for labor, services, materials, equipment, or other facilities or to subcontractor;

4. A r
easonable doubt that the work can be completed for the unpaid balance of the Contract Sum;

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5. A reasonable doubt that the Contractor will complete the work within the agreed Contract Time;

6. C
osts 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;

7. D
amage to other work or property;

8. F
ailure to fulfill all the requirements of the Contract Documents;

9. W
hen there is pending litigation against the City related to this contract or reasonable anticipation thereof;

10. 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;

11. 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.

12. F
ailure of Contractor of the subcontractors to comply with applicable laws;

13. A
ny 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;

14. A
dditional professional, consultant or inspection services required due to Contractor’s failure to comply with Contract Documents;

15. L
iquidated damages payable to City;

16. Materials ordered or paid by City on behalf of Contractor;

17. D
amage loss caused to City, a separate contractor, homeowner contractor or any other person or entity due to the actions of the Contractor;

18. C
leanup performed by City and chargeable to Contractor;

19. F
ailure of Contractor to pay contributions due and owing to employee benefits funds pursuant to applicable collective bargaining agreements or trust agreements;

20. F
ailure of Contractor or any Subcontractor to properly pay prevailing wages as defined in California Labor Code Section 1720 et/ seq.;

21. A b
reach by Contractor of any obligation or provision of the Contract Documents.

22. W
henever 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 fo r 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 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
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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
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 Proj ect 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, amo unts
incurred by City to conduct more than two (2) inspections to determine Compliance of the Project GP-25

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Work. A Notice of Completion shall be issued by the Engineer when he determines that Compliance of the Project Work has occurred.

F
inal Completion
C
ontractor 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.

C
oncluding 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. S
ubmission 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. S
ubmission of consent of Surety, if any, to Completion Payment;

3. S
ubmission 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. S
ubmission 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.

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

8. S
ubmission 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. S
ubmission 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 GP-27

City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Agreement.

An
y 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.
7-3.5 Contract Unit Prices.
7-3.5.1 General.

Replace this subsection with 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, the quantity changes 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.

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7-4 PAYMENT FOR EXTRA WORK.
7 -4.3 Markup.

R
eplace this subsection with the following:
7 -4.3.1 Work by Contractor.

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%
On
e 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 a Subcontractor.

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 PERSONNEL
Th
e following is hereby added to this subsection of the Standard Specifications:

No f
ield 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.

S
ECTION 9 – CITY STANDARDS, STANDARD PLANS AND DRAWINGS
S
ection 9 is hereby added to the Standard Specifications as follows:

Al
l 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.

S
tandard 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.

Lo
s Angeles County Flood Control District - Applicable storm drains.

S
anitation 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 2024 edition of, and applicable amendments to, the “Standard Specifications for Public Works Construction (SSPWC).”
C
alifornia Manual on Traffic Control Devices (CA-MUTCD), “Latest Edition”.

S
ECTION 10 – CLAIMS AND PROTESTS
S
ection 10 is hereby added to the Standard Specifications as follows:

E
xcerpts 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
GP-30

county, city and county, including a charter city and county, district, special district, public 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. (D) A
ny 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 for settlement of the issues in 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.

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(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 c annot 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.
(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) T
he 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.

PART 4 – EXISTING IMPROVEMENTS
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. The Contractor shall make the effort to repair all sprinklers, pipe, etc by the end of the day.

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.

Relocations, 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.

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 400-1 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. 400-2 PERMANENT SURVEY MARKERS.

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

The Contractor shall be responsible for the protection and preservation of existing permanent survey monuments and benchmarks during construction. Damaged or lost monuments and benchmarks shall be restored to existing condition by a Registered Civil Engineer or a Land Surveyor licensed by the State of California at no increase in cost to the City.

GP-33

GP-34
The Contractor, at its own expense, shall employ a qualified surveyor to perform all survey work required for the completion of the project as specified in the plans and these specifications, comply with the requirements of Section 8771 of the Land Surveyors Act as amended and submit the documents from the County Surveyor as proof of compliance to the City of Montebello. 400
-3 PAYMENT
This subsection of the Standard Specifications is hereby deleted and replaced with the following:

No separate or additional payment will be made for 1) protection of existing improvements, 2) restoration of existing improvements and 3) permanent survey markers. All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re -establishing existing improvements shall be included in the bid.

S
ECTION 402 – UTILITIES
402
-1 LOCATION.
402
-1.1 General.

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

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

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

NOTIFICATION
Th
e Contractor shall notify the City of Montebello and the owners of all utilities and substructures not less than 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:

C
ITY OF MONTEBELLO DEPT OF PUBLIC WORKS (323) 887- 1462
Attention: Mr. Cesar Roldan [email protected]
AT
&T (626) 318-9039
Attention: Mr. Marco Macias
CALIFORNIA WATER SERVICE (323) 823-5287
Attention: Mr. Ralph Felix [email protected]
C
ENTRAL BASIN MUNICIPAL WATER DISTRICT (323) 201- 5500
Attention: Mr. Kevin P. Hunt

GP-35
CHARTER COMMUNICATION (626) 807-3263
Attention: Mr. Rodney Graf [email protected]
L
OS ANGELES COUNTY DEPT. OF PUBLIC WORKS (626) 458- 7136 Attention: Mr. Mahdad Derakhshani [email protected] L
OS ANGELES COUNTY SANITATION DISTRICT (562) 908-4288 ext. 1205 Attention: Ms. Christine Gurga [email protected] METROPOLITAN WATER DISTRICT (909) 242-1675
Attention: Mr. Ben Brinker [email protected]
MONTEBELLO LAND & WATER (323) 722-8654
Attention: Mr. Mario Gardea [email protected]
S
AN GABRIEL VALLEY WATER CO. (909) 201-7349
Attention: Mr. Paul Garavito
S
OUTH MONTEBELLO IRRIGATION DISTRICT (323) 721-4735
Attention: Mr. Jordan Betencourt [email protected] S
OUTHERN CALIFORNIA EDISON North of Lincoln Av (323) 720- 5298 Attention: Ms. Regina Gonzales
S
OUTHERN CALIFORNIA EDISON North of Lincoln Ave. & Large Projects Attention: Ms. Elda Alatorre (323) 720-5214
SOUTHERN CALIFORNIA EDISON South of Lincoln Ave. (310) 608- 5005 Attention: Ms. Lissette Alvarez [email protected] T
HE GAS COMPANY (310) 605-4105
Attention: Mr. Cesar Arroyo [email protected] CRM
SON PIPELINE (310) 669-4002
Attention: Mr. Ryan Lassus (310) 669-4024
C
HEVRON (310) 669-4014
Attention: Mr. Dave Zerler
C
ITY POLICE AND FIRE DEPARTMENT Police: (323) 887-1313
Fire: (323) 887-4510
UNDE
RGROUND SERVICE ALERT (800) 422-4133 Tel
(909) 808-8101 Fax
T
RASH COLLECTORS – ATHENS DISPOSAL (626) 336-6100
S
TREET SWEEPING – NATIONWIDE (562) 860-0604

MONTEBELLO UNIFIED SCHOOL DISTRICT (323) 887-7900
M
ONTEBELLO TRANSIT (323) 558-1625

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.
402-1.2 Payment
Payment for provisions under section 402-1 of the Standard Specifications shall be considered included in the various items of the work. No separate payment will be authorized.

PART 6 – TEMPORARY TRAFFIC CONTROL
SECTION 600 – ACCESS
600-1 GENERAL.

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

The Contractor shall notify the occupants of all affected properties in writing at least forty-eight hours (2 working days) prior to any temporary obstruction of access. 600-2 VEHICULAR ACCESS.

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

Vehicular access to the property line shall be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer.

In cases where driveways require replacement. Where a property has two driveways, only one driveway at a time can be closed for replacement. Where a single driveway to a property has a considerable width, half of the driveway is to be closed, worked on and reopened for usage before the other half of the driveway can be worked on.

All driveways have to be open
for access during project non-construction hours and days which may require use of plating and other devices or methods.

No driveway can be worked on until the owner/tenant has been informed in writing with five (5) working days’ notice of the scheduled work and has agreed to the planned schedule of the Contractor.
600-3 PEDESTRIAN ACCESS.

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

GP-36

Under situations of sidewalk closure to pedestrians, the Contractor shall post advance notice on barricades to direct pedestrian to use the sidewalk on the opposite side of the street or the Contractor may elect to provide continuous K-rail in the curb lane to allow pedestrians to walk in the curb lane behind the K-rail. Any and all devices such as plates, barricades, K-rails and notices shall be continuously maintained for pedestrian and vehicle safety. No curb lanes shall be closed during non-working days of the week. Appropriate advance warning signs shall be continuously maintained as needed during the project. All such devices, warning signs and interruptions of normal vehicle lanes, parking lanes and pedestrian walkways shall be shown on the Traffic Control Plan for advance approval by the Agency.

SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND

MAINTENANCE WORK ZONES
601-1 GENERAL.

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

At least one twelve-foot-wide traffic lane shall be provided for each direction of travel on all arterial streets at all times except as permitted by the Engineer. With previous authorization from the City, the Contractor can provide one traffic lane on a single direction on residential streets, during construction hours.

Clearances from traffic lanes shall be five feet t o the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

Any striped roadway shall be delineated by the Contractor with temporary raised reflective markers when it is to be left un-striped overnight.

Street closures will not be allowed except as specifically permitted by the Engineer. 601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP)
601-2.1 General
The following is added this this subsection of the Standard Specifications:

At the Pre-Construction meeting, the Contractor shall submit to the Engineer a detailed traffic control plan per section 601 of the Standard Specifications 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 control plan shall be approved in writing by the City Engineer prior to construction starts.

The plan shall be prepared per latest edition of California Manual on Traffic Control Devices (CA-MUTCD).

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

GP-37

GP-38
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.

I
n 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.
601
-2.2 Payment
P
ayment for provisions under section 601 of the Standard Specifications shall be considered included under the bid item for traffic control. No separate payment will be authorized.

SPECIAL PROVISION
PART 2 – BID ITEM DESCRIPTIONS
FOR
FY 2026-2027 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT C.P. No. 951
AND
L
INCOLN STREET REH ABILITATION (WILCOX AVENUE T O 18TH STREET – STPL FUNDING

EXCHANGE)
C.P. No. 946
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 (Not to exceed 3% of total of all other Prime Contract Bid Items)
Mobilization shall conform to the provisions of Sections 7-3.4 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 proj ect 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 rel ated 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 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, r oad approaches and material sites. Clearing and grubbing shall conform to the provision of section 300-1 of the standard specifications.

No additional amounts shall be paid for erosion control, 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 BD-1

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.

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

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

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

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

Payment for Mobilization/Demobilization shall be included in the Lump Sum (LS) Price bid and shall be considered full compensation for obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility
companies, private and public agencies and the City of Montebello; and complying with the requirements specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practices, and incidentals necessary to perform all related items of work. Progress payments for this bid item shall be paid for in accordance with the completion percentage of the project to the Contractor and shall include the cost of such mobilization administration
during the entire contract period and demobilization. No additional compensation will be allowed therefor. The sum total of this Bid Item shall not exceed 3% of the total of all other Bid Items.

Bid Item No. 2 – Traffic Control
BD-2

Traffic Control, Traffic Control plan, construction signing and traffic maintenance shall comply with the provisions of Subsections 5-7, 600 and 601 of the Standard Specification, Subsection 56- 2 of the Caltrans Standard Specifications, 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.

Th
e 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 working days after the date of the Agency’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 m ay not be attached to existing poles, street lights standards or trees. All signs 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) “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 door knob. 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.

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.

BD-3

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.

Al
l 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 Subsection 601 of the General Provisions.

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.

C

ONSTRUCTION SIGNING
C
onstruction 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. Contractor shall include in his bid the cost of installing electronic message boards as requested by the traffic manual and the City, the City’s request shall override the traffic manual requirement for electronic message boards.

TRAFFIC MAINTENANCE
T
he Contractor shall be responsible for handling vehicular and pedestrian traffic in accordance with Subsection 601 of the Standard Specifications and these Special Provisions.

Th
e 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. N
otification 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 Contractor. This plan shall indicate the sequence of lanes or portions of lanes being closed for BD-4

each phase. The traffic control plans shall indicate the travel plan for each phase of construction.

The traffic control plans shall state:

1. T
hat 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. Traffic control plan for Lincoln Ave shall be prepared and stamped by a civil or traffic engineer.

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
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.

BD-5

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.

P

ORTABLE 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.

R
eflective 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.

D
ry Reflective Value
Angle of Incidence 4º 5º 30º
White 250 165 50
Yellow 10 110 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 night time. Traffic cones s hall 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.

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.

BD-6

STRIPING
Temporary striping and marking which has no further use shall be removed by wet sandblasting, and all sand used in sandblasting shall be removed without delay as the sandblasting operation progresses.

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 s teel pl ates a re 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 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, 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 – Cold Mill Existing AC Pavement 2” Depth The following is applicable for all cold milling. Cold milling shall conform to the provisions of Section 404 of the Standard Specifications for Public Works Construction. The Contractor shall cold mill existing asphalt concrete (AC) pavement to the depth required for the placement of new pavement as shown on the Plans and as directed in the field by the Engineer. All work shall be completed in accordance with lines and grades, and typical cross-sections shown on the drawings.

Any extra cold milling beyond the shown limits shall be at the Contractor’s expense.

All existing asphalt concrete (AC) pavement to join new construction shall be sawcut in a straight line. Contractor shall exercise due caution to avoid any damage to existing impro vements, BD-7

protecting in-plac e of existing wate r mains, sewers, stor m drains, meters, val ve covers, wall, f
ences, curbs, fire hydrants, telephone and power poles, and other existing structures.

It is the Contractor’s responsibility to perform whatever additional exploration is necessary to avoid causing any damage to the existing utilities under the work area. Any damage done by the Contractor shall be repaired or replace as called out in Section 400 of the Standard Specifications for Public Works Construction at the Contractor’s expense.

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

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

During the cold milling operation, the Contractor shall remove all loosened materials from mille d areas, haul away a nd dispose of them at a legal site and submit evidence of t he proper disposal to the City of Montebello. The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with recycled water (if available) or other means as necessary.

Any
petromat found during grinding shall be removed by scraping and by burning it with a torch.

A 72" diameter MWD watermain crosses Lincoln between Vail Avenue and 18th Street. The Contractor shall strictly follow all guidelines provided by MWD while grinding AC over MWD easement.

T
he Contractor shall include the additional costs of following MWD guidelines in the unit bid price for cold milling AC.

The Contractor shall be responsible to assume the cost of removing, hauling, recycling and any other incidental of any petromat/f abric found during grinding operation and no adjustment on the Bid price shall be made. Also, the Contractor shall remove all asphalt residuals along existing gutter.

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

Payment for Cold Milling of Existing Asphalt Concrete (AC) Pavement shall be paid for at the price bid per Square
Foot (SF) and shall be considered full compensation for furnishing labor, materials, equipment, sawcutting, removals, hauling and disposal of asphalt concrete materials excavated or grinded, grade for the base, crack sealing, compaction and no additional compensation will be allowed therefore. Payment for the r emoval of Petromat fabric material shall
be included in this bid item of work and no additional compensation will be allowed.

Composition and Grading shall be per Section 203-11.3 of the Standard Specifications for Public BD-76
BD-8

BD-9

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

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

B. Free from water.

C. Homogeneous.

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

The Contractor shall ensure the safe transportation, storage, use, and disposal of asphalt.

The Contractor shall prevent the formation of carbonized particles caused by overheating asphalt during manufacturing or construction.

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

Bid Item No. 4 – Construct 2”-ARHM Overlay
Asphalt concrete surface course shall be Asphalt Rubber Hot Mix as shown on the plans, ARHM- GG-C, wet process, as specified in Section 203-11 and 302-9 of the Standard Specifications for Public Works Construction and shall conform to the following:

Composition and Grading shall be per Section 203-11.3 of the Standard Specifications for Public Works Construction. The Contractor shall submit a copy of the asphalt concrete mix design, a sample of the asphalt concrete, a sample of the aggregate, and a sample of the paving asphalt (AR or PG) to the City or its designated laboratory a minimum of two weeks prior to the start of construction.

A 72" diameter MWD watermain crosses Lincoln between Vail Avenue and 18th Street. The Contractor shall strictly follow all guidelines provided by MWD while paving AC over MWD easement.

The Contractor shall include the additional costs of following MWD guidelines in the unit bid price for paving AC.

The Contractor shall use a PG Asphalt Binder.

PG
Asphalt binder shall conform to the following requirements:

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

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

1.00 1.00 1.00 1.00 1.00
RTFO Test Aged Binder
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Minimum G*/sin(delta),
kPa
T315
58 2.20
64 2.20
64 2.20
64 2.20
70 2.20
Ductility at 25ºC
Minimum, cm
T51
75 75 75 75 75
PAV f Aging,
Temperature, ºC
R28
100 100 100 100 100
RTFO Test and PAV Aged Binder
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Minimum G*sin(delta),
kPa
T315
22 d
5000
31 d
5000
28 d
5000
22 d
5000
34 d
5000
Creep Stiffness,
Test Temperature, ºC
Maximum S-value, MPa
Minimum M-value
T313
-12
300

0.300
0 300

0.300
-6
300

0.300
-18
300

0.300
0 300

0.300
Not
es:
a. Recommended as asphalt rubber base stock for high mountain and high desert area. b. The Engineer will waive this specification if the supplier is a Quality Supplier as defined by the Caltrans’ “Certification Program for Suppliers of Asphalt.” c. The Engineer will waive this specification if the supplier certifies the asphalt binder can be adequately pumped and mixed at temperatures meeting applicable safety standards. d. The Department will test the sample at 3ºC higher if it fails at the specified test temperature.

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

f. “PAV” means Pressurized Aging Vessel.

C. Sa
mpling
The
Contractor shall provide a sampling device in the asphalt feed line connecting the plant storage tanks to the asphalt weighing system or spray bar. The sampling device shall be accessible between 600 and 750 mm above the platform. The Contractor shall provide a receptacle for flushing the sampling device.

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

The C
ontractor shall replace failed valves.

In t
he presence of the Engineer, the Contractor shall take 2 one -liter samples per operating day. The Contractor shall provide round friction top containers with one - liter capacity for storing samples.

D. Appl
ying Asphalt
Unl
ess otherwise specified, the Contractor shall heat and apply asphalt in conformance with the provisions in Caltrans Standard Specifications Section 93, “Liquid Asphalts.” The Contractor shall apply paving asphalt at a temperature between 120º and 190ºC. The Engineer will determine the exact temperature of paving asphalt.

The Contractor shall make modifications to the proposed mix design as required by the City or its designated laboratory to insure that the proposed asphalt concrete mix will meet the minimum stability ("S") values. No asphalt concrete shall be placed until such time as the City has tested and approved the Contractor's proposed asphalt concrete mix design.

Aggregate produced from slag resulting from any steel-making process or from air-cooled iron blast furnace slag shall not be used on this project.

As
phalt concrete shall be placed with paving machine equipped with a “Preco” attachment or similar device for use in obtaining constant cross-slope and maximum joint quality.

The
Contractor shall place the ARHM a maximum of 48 hours after the commencement of all edge grinding operations during any stage of the work for this project.

Apply SS-1H tack coat at a rate not to exceed one -tenth (1/10) gallon per square yard uniformly in one coat on all vertical joins of AC patching and P.C.C. surfaces and edges against which ARHM is to be placed. Diesel fuel shall not be used for cleaning purposed within the limits of this project.

BD-11

Distribution and spreading shall conform to 302-5.5 except that at the time of delivery to the work site, t he temperature of the ARHM -GG shall be 300°F minimum to 325°F maximum. At the discretion of the Owner’s Representative, this maximum temperature may be raised to 350°F during cold climatic conditions. Atmospheric temperature shall be 50°F and rising or as approved by the agency’s representative.

The Contractor shall utilize a paving machine equipped with an automatic adjusting screed, which is actuated by a 30-foot "ski", for the entire ARHM-GG overlay.

ARHM-GG shall not be placed in lifts that exceed four (4) inches in thickness. Breakdown compaction shall be performed with a two-axle or three -axle tandem or three -wheel roller weighing not less than 12 tons for all ARHM -GG lift thickness of four (4) inche s or less.

Breakdown compaction shall be performed with a vibratory roller weighing not less than 12 tons for all ARHM-GG lift thickness between two (2) and four (4) inches. When more than one layer of ARHM-GG is required, the layers shall be of equal thickness.

ARHM-GG shall be thoroughly compacted by rolling. The number of rollers necessary will be established in accordance with Section 302-5.6.1 of the Greenbook Specifications. All compacted ARHM-GG shall have a relative compaction of not less than 95 percent in accordance with Section 302-5.6.2 of the Greenbook Specifications.

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

Join lines between successive runs shall be within 6 inches of lane lines or a minimum of 12 feet outside of the outer most lane line.

Lots consisting of 500 tons will be established for ARHM -GG areas to be tested. The City or its designated laboratory shall perform density testing utilizing a properly calibrated nuclear asphalt- testing device. The City shall pay for all initial testing and a reasonable amount of retesting utilizing the nuclear asphalt- testing device. If the test results for any lot of ARHM -GG indicate that the relative compaction is below 95 percent the Contractor will be advised that he is not attaining the required relative compaction and that his materials or his procedures, or both, need adjustment. ARHM-GG spreading operations shall not continue until the Contractor has notified the Engineer of the adjustment that will be made in order to meet the required compaction. Core testing of areas not meeting the 95 percent requirement will be conducted by the City's designated lab. Any and all testing beyond the initial core testing will be at the sole expense of the Contractor.

If the test results for any lot of ARHM-GG continue to indicate that the relative compaction is less than 95 percent after adjustments have been made, the ARHM-GG represented by that lot may be required to be removed and replaced at the Contractor's expense and the Contractor shall suspend all further paving operations until the Contractor can demonstrate to the City that relative compactions of 95 percent can be obtained.

The
City’s designated laboratory will obtain samples of the ARHM-GG from each lot to perform extraction tests to insure the proper aggregate gradation and asphalt content is being supplied in accordance with the approved ARHM-GG mix design. If the test results for any lot of ARHM-GG indicate that the ARHM-GG does not meet the requirements of the approved mix design the BD-12

Contractor will be advised that he is not attaining the required composition and grading and that his materials need adjustment. ARHM -GG spreading operations shall not continue until the Contractor has notified the Engineer of the adjustment that will be m ade in order to meet the approved mix design. If the test results for any lot of ARHM -GG continue to indicate that the composition and grading does not conform to the approved mix design after adjustments have been made, the ARHM -GG represented by that lot shall be removed and replaced at the Contractor's expense and the Contractor shall suspend all further paving operations until the Contractor can demonstrate to the City that the ARHM-GG is in accordance with the approved mix design.

The Contractor shall provide for adequate quality control measures to insure that delivery of asphalt rubber shall be neither too slow nor too fast to prevent stopping of the paving operation and/or cooling of the asphalt rubber material. Material delivery scheduling and handling is critical to provide for optimum compaction opportunity and maximize ride quality performance.

Rock dust blotter material shall be required immediately after the completion of the "finish rolling" and prior to opening to traffic to prevent bleeding and tracking of the asphalt rubber material.

Rock dust blotter shall be per Section 200-1.2 of the Standard Specifications and shall be uniformly applied using a mechanical spreader, which distributes uniformly at a rate of approximately three pounds per square yard. Compaction rollers shall not be allowed on the rock dust covered pavement surfaces. All excess rock dust blotter shall be removed from the street at the end of each workday. The removal of the rock dust blotter shall include removal from adjacent streets as needed. No excess rock dust blotter shall be left on any street after normal work hours. The cost of this application will be included into the contract unit price bid for ARHM.

Measurement
The quantities o
f the asphalt rubber hot mix (ARHM) to be paid for will be measured by the actual tonnage (ton) of material and no additional compensation will be allowed therefor. The Contractor shall furnish to the City of Montebello at the time of delivery of the material on the job site a legible copy of a licensed weighmater’s certificate showing gross, tare, and net weights of each truckload of asphalt concrete mixture.

Tack Coat (Not a Bid item)
Existing concrete gutter and curb faces shall be protected against disfigurement from the asphalt.

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

The tack coat shall be applied as specified in Subsection 302-5.8 of the Standard Specifications and these Special Provisions. The Engineer will determine if the pavement is sufficiently dry for the application of the tack coat. Tack coat shall not be applied when the temperature of the surface to be tacked is below 40 degrees F in the shade.

No separate measurement and payment will be made for tack coat. Payment shall be included in the contract unit price for ARHM-GG Pavement.

BD-13

Payment for Construction of ARHM Overlay , shall conform to the provisions of Subsection 302-5.9 of the Standard Specifications for Public Works Construction. All the requirements stated above shall be included in the unit price bid per TON. The contract unit price per ton shall include full compensation for all surface preparation furnishing all labor, materials, tools, equipment, removals, disposal, certified weigh tickets, and incidentals and for doing all the work involved, including furnishing, applying and cleaning up excess rock dust blotter. The City will not compensate the Contractor for any additional costs incurred by change or lack of availability of asphalt binders. Temporary surface work where required for traffic control or other purposes shall be considered included in the price bid for Traffic Control and no additional compensation will be allowed.

Bid Item No.’ s 5 and 6 Adjust Existing S torm D rain/Sewer/Utility Manhole Frames an d Covers to Finished Grade
This Bid Item shall include all labor, equipment and materials to adju st existin g sewer/storm drain/utility manhole/vault frames and covers within the project limits to match finished grade if required. The work shall be performed in accordance with Section 403 of the Standard Specifications for Public Works Construction and per Standard Plans for Public Works Construction.

All existing covers that can be lowered and raised shall be lowered prior to cold milling/removal and adjusted to finished grade by the Contractor or by the Utility Owner for the Contractor. For utility frames and covers under the jurisdiction of Verizon, AT&T, Edison, Los Angeles County Flood Control District, Los
Angeles County Sanitation Districts, and County Sewer Maintenance Districts, the Contractor shall contact these organizations to arrange for adjustment of their respective facilities a minimum o f seven (7) working days prior to cold milling/paving operations in accordance with Section 403-3 of the Standard Specifications.

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

Payment for Adjustment Storm Drain/Sewer/Utility Manhole Frames and Covers to Finished Grade shall be paid for at the contract unit price per Each (EA) and shall be considered full compensation for labor and furnishing and placing all forms, materials, construction and expansion joints, curing compounds and equipment to complete the construction is considered as included in the price paid, and no additional compensation will be allowed therefor. Where the manhole frame and cover is performed by the utility owner, no compensation will be made to Contractor.

Bid Item No. 7 – Adjust Existing Water Valve Cover and Frame to Finish Grade The work under this item consists of marking the locations of all water valve cans, frames and covers and adjusting these covers to finished grade. Although the plans show approximate locations of water valve covers shown by “W” Contractor shall be responsible for discovering and BD-14

marking the locations of the valve covers accurately. Contractor shall be responsible for adjusting these frames and covers to grade Contractor shall exercise extreme care when adjusting these covers. Paving over valve covers could result in water main leaks not being controlled by city crews not being able to locate the valve covers in a timely manner for shutting leaking water mains.

This situation could result in flooding conditions for businesses and residences in the vicinity of the project.

There are 4 major water purveyors in the City, please see attached color coded map at the end of these specifications. Contractor to coordinate with the various private water companies at obtaining final approval from these companies for the adjusting to grade of water valve covers.

The work under this item shall be paid for Each (E A) valve adjusted to grade and no other compensation will be allowed.

Bid Item No. 8 – Furnish and Install Traffic Signal Loop Detectors and Connect to DLC for Lincoln Ave
All equipment, materials, and components for traffic detector loops and the installation thereof, shall conform to the latest edition of the Caltrans Standard Plans and Standard Specifications, Section 86-1.02F(2)(c), ‘Inductive Loop Conductor”, latest edition, except as noted in the Special Provisions and on the plans. These plans and specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from Caltrans, District 7 office at 100 S. Main Street, Los Angeles, CA 90012 or the State Offices of Caltrans at 1900 Royal Oaks Drive, Sacramento, CA 95815 (916) 455-3520.

Traffic Signal Loop Detectors shall be Type E ( 6’ diameter) or Type Q ( 6’ length) per Caltrans Standard Plans ES-5A and ES-5B.

Contractor, as directed by City Engineer, shall remove existing loops and cut in new loops in AC areas.

Residue resulting from slot cutting/cleaning operations shall not be permitted to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface.

Contractor shall obtain approval from the City Engineer for exact location of new loop detector prior to final placement. Perform preliminary striping layout prior to loop detector layout.

The Contractor shall test the new detectors with a motor driven cycle, as defined in the California Vehicle Code, that is licensed for street use by the Department of Motor Vehicles. The unladed weight of the vehicle shall not exceed 220 pounds, and the engine displacement shall not exceed 100 cubic centimeters. Special features, components, or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor driven cycle through the response or detection area of the detector at not less than three (3) miles per hour or more than seven (7) miles per hour. The detector sensor unit shall provide the required output in response to this test.

Payment for Furnishing and Installing Traffic Signal Loop Detectors and Co nnect to DLC
BD-15

shall be at the contract unit pr ice per Lump Sum (LS) basis installed complete and operational and shall be considered full compensation for furnishing all labor, tools, equipment, materials, coordination and incidentals, and for doing all the work involved in furnishing, installing, removals, salvaging, filling, traffic detector loops and appurtenances, providing temporary modifications to traffic signal system during construction as required, restoration work, operationally complete in p lace, as shown on plans, and as specified in the special provisions, and as directed by the City Engineer.

Bid Item No. 8 for SB1 and No. 9 for Lincoln Ave – Pavement, Striping, Markings, Traffic Signing, Striping, Markings, and curb painting as shown on Contract Drawings shall conform to the Standard Specifications of the State of California (latest edition), Department of Transportation, Sections No. 81, 82 and 84 CALTRANS) and also as modified below.

Traffic stripes, pavement markings of arrows, symbols, numbers and words, shall conform to the California Department of Transportation Standard Specifications: Section 84-2 Traffic Stripes and Pavement Markings, latest edition.

For existing striping or markings shown to be replaced outside of new pavement area and on existing concrete surface, Contractor shall remove by wet sandblasting only all existing striping/legends/markings. Raised dots and markings shall be removed by grinding.

Prior to project grinding and removal work, Contractor shall video all existing markings, painting and pavement devices for use in carrying out this Bid Item.

Raised pavement markers other than blue hydrant markers shall conform to the California Department of Transportation Standard Specifications Section 81, current edition, and shall be of type as called for on the plans.

The Contractor shall furnish the necessary control points for all striping and markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the City of Montebello.

Painted and raised pavement marker removal shall conform to Section 81 of the Caltrans Standard Specifications, current edition. All residue remaining as a part of the removal operations shall be removed from the site.

Layout sha
ll be approved, in writing, by the Engineer prior to placing Thermoplastic, curb painting and markings.

Thermoplastic Pavement striping and markings are per Caltrans Standard Plans.

ALL EXISTING PAVEMENT STRIPING AND MARKINGS SHALL BE REPLACED

WITH THERMOPLASTICS PAVEMENT STRIPING AND MARKINGS, REGARDLESS

IF SUCH MARKINGS AND CENTERLINE STRIPING WERE THERMOPLASTICS OR CONVENTIONAL.

Markings, as used in these Specifications, include both lines and miscellaneous markings applied BD-16

to the pavement surface, painting of red curb and the installation of raised pavement markers.

Materials and installation for painted and raised pavement markers shall conform to Section 81 and 84 of Caltrans Standard Specifications, current edition.

The Contractor shall provide cat tracking for the centerline and lane lines the same day, following paving operations. Reflectorized “slurry tabs” may be used in lieu of painted cat tracking.

Place Raised Blue Reflective for Fire Hydrant
Two-Way Blue Reflective Fire Hydrant Raised Pavement Markers installation as shown on Contract Drawings are a part of this item and shall conform to the Standard Specification Sections 314-3.1 and 314-5.1 to 314-5.5 and shall be in accordance with the Caltrans Traffic Manual Section 81 “Markings” for each fire hydrant.

Place Reflective Raised Pavement Markers to Supplement Crosswalk Striping One-Way Reflective Pavement Markers shall be used to supplement ladder bar stripes where additional visibility is needed at night, such as a poorly lit street. Use clear Type G RPM’s for a white crosswalk, and yellow Type H for a yellow crosswalk.

New Sign Installation
New traffic signs installation is part of this item and shall be installed on steel posts as shown on the Contract Drawings and shall conform to the Standard Specifications of the State of California (latest edition), Department of Transportation, Section No. 56 (CALTRANS).

All signs facing shall be manufactured of Diamond Grade Fluorescent VIP Sheeting. All signs shall have a graffiti film coating.

The date of installation of a sign shall be embossed on the back of the sign and shall be considered as the start of the warranty period. “Property of Montebello” shall also be embossed on the back of the sign.

No signs shall be installed on traffic signal poles, unless otherwise shown on the plans or as directed by the City Engineer. Contractor shall remove, replace, or install signs mounted on traffic signal mast arms as directed by the City Engineer.

All signs placed within the public right-of-way shall be installed using the following guidelines:

No signs shall be placed on wood poles at any time.

Larger (wide) signs shall be mounted on top of a sign combination.

No sign shall have an outside edge closer than one foot (1’) to the back of the curb.

Bottom of sign shall be at seven-foot (7’) minimum over sidewalk.

Sign panel facing shall be perpendicular to approaching traffic unless otherwise specified by the BD-17

Engineer.

Sign post shall be 12 feet channel type.

Signs shall be mounted on posts in a good workmanship manner using metal hardware suitable for the type of installation made.

Installation materials shall be of stainless steel and theft proof.

Signs shall be kept a minimum distance of fifteen feet (15’) in from of trees, power poles, etc.

Signs shall be kept far away from trees so that tree growth will not obstruct the visibility of the traffic sign.

The contractor shall obtain approval from the City Engineer for the location of any signs that may be unclear or questionable.

Sign posts shall be installed eighteen inches (18”) behind curb face. Sign posts installed within the sidewalk must maintain a minimum of four-feet (4’) horizontal clearance for pedestrians.

All signs shall be standard size and reflectorized color as specified in the California Manual on Uniform Traffic Control Devices (California MUTCD) latest edition, unless otherwise shown on the plans.

Payment for Traffic Signing, Striping, Markings, House address and Curb Painting shall be at the contract unit price per Lump Sum (LS) and shall be considered full compensation for furnishing all labor, materials (including adhesives, glass beads, and paint), tools, equipment and incidentals necessary to perform all work, involved in, or appurtenant to the installation of pavement striping, raised reflective pavement markers, painting curbs, blue markers, including removal and installation of traffic signs a nd posts as indicated, complete in place for the width specified, and pavement markings of arrows, symbols, numbers and words, as shown on the plans and as required by the Project Specifications and no additional compensation will be allowed.

The Contractor shall supply, erect, and maintain public improvement project signs for the duration of construction according to the specifications set forth below. A scaled layout of the sign shall be submitted to the City of Montebello for approval prior to fabrication. The sign is illustrated in Appendix “C”.

BD-18

Size: 6 feet by 4 feet with a 7 feet clearance above ground level.

M
aterials: 3/4- inch (exterior type) plywood (C-C EXT-DFPA grade).

S
upport: 4-inch by 4-inch by 11 feet posts.

Mounting Brackets: Mounting brackets shall be mounted using 2 1/2 inch bolts with washers on each post. Install one bracket each a distance of 16” from the top and bottom of the sign.

Background: 3M Diamond Grade VIP, International Orange, Engineering Grade or approved equal
Lettering: Silkscreen enamels, Helvetica medium. (6” High).

S
ign Placement: A) Per State of California Manual of Traffic Controls section 5-02.4, except as indicated heron.

B) Sign shall be visible for minimum of 500 feet.

C) All signs shall be placed on the side of the street facing the direction of traffic.

D) Where a road is to be completely closed, signs should be placed at the intersections which precede the closure. A sign should be placed facing each direction of traffic approaching the proposed closure area.

E) The sign will be moved by the Contractor per the AGENCY’S schedule.

Duration: The signs shall be placed a minimum of two weeks prior to start of work.

D
isposition: After the Notice of Completion is issued, the signs shall become the property of the AGENCY, and the Contractor shall deliver the signs to the Public Works Facility at no expense to the AGENCY.

Cost for furnishing and Installation of Public Improvement Project Signs shall be included hall include full compensation for all labor, materials, tools, equipment, and for doing all work involved, including delivery of the sign to the Public Works Facility at the end of the project and filling the ground 2” holes in kind.

Bid I tem No. 9 for SB1 and No. 10 for Lincoln Ave – Construction Survey, Staking, Re- establish Survey Monuments and Centerline Ties
It shall be the responsibility of the Contractor to supply any and all construction surveying and staking required if necessary. All surveying shall be performed under the direct supervision of a California Licensed Land Surveyor or a Civil Engineer duly licensed to perform land surveying.

It is the Contractor’s responsibility to Re -establish Survey Monuments and Centerline ties as disturbed in the field and shall conform to Standard Specification for Public Works Construction Section 309 and as modified below. All work done on monuments shall be recorded and copies BD-19

thereof filed with the City of Montebello Engineer and the County Surveyor. This work will include all reestablishment of all monuments that are disturbed through the course of completing this project.

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

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

C
onstruction Staking shall conform to the Standard Specification Section 3 -10. Work under this Section includes, but is not limited to, the following:

1. E
stablish and maintain horizontal and vertical control points from City of Montebello- supplied benchmarks and baselines.

2. Establish temporary benchmarks.

3. Layout of all work.

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

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

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

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

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

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

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

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

Contractor shall field verify locations of survey control points prior to starting any work on the Project Site. Contractor shall establish and submit to the City of Montebello any temporary control
BD-20

points as necessary due to construction activity. The Contractor shall notify the City of Montebello of any discrepancies discovered and resolve prior to starting any work.

The Contractor shall lay out work from the City of Montebello's established control points, baselines, ranges and gauges and shall be responsible for all measurements in connection therewith. Furnish, at Contractor's expense, all stakes, templates, platforms, equipment, range markers, and labor as may be required in laying out any part of the Work from the points and lines established by the City of Montebello. The Contractor will be held responsible for the execution of the Work to such lines and grades as may be established or indicated by the City of Montebello.

It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks established by the Surveyor/Engineer retained by the Contractor until authorized to remove them.

If such marks are destroyed by the Contractor or through negligence prior to their authorized removal, they may be replaced by the City of Montebello. The expense of replacement will be deducted from any amounts due, or to become due, the Contractor.

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

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

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

The City at the discretion of the Public Works Director may retain 20% of the payment under this item until such time the new survey documents are recorded with the LA County Recorder’s Office.

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

BD-21

APPENDIX “A”
LIS

T OF STANDARD PLANS

Sheet 1 of 5

CITY OF MONTEBELLO
VICINITY MAP N.T.S.

LINCOLN AVE. STRIPING PLANSTREET IMPROVEMENT PROJECT

CITY OF MONTEBELLO
60 POMONA FWY.N. MONTEBELLO BLVD.SAN GABRIEL BLVD.

LINCOLN AVE.W. BEVERLY BLVD.W. WHITTIER BLVD.N. WILCOX AVE.

LINCOLN AVE. STRIPING PLAN
NOTES:1. THESE STRIPING PLANS WERE BASED ON GOOGLE MAPS. CONTRACTOR TO CONDUCT THEIR OWN SURVEY TO DETERMINE THE EXACT LOCATIONS OF PAVEMENT MARKINGS AND STRIPING.2.CONTRACTOR TO REPLACE ALL STRIPING AND PAVEMENT MARKINGS WITH THERMOPLASTIC FROM N. WILCOX AVE. TO MONTEBELLO BLVD. EXCEPT FOR A SECTION NEAR MONTEBELLO BLVD.3.THERE ARE 2 AREAS WHERE THE STREET HAS ALREADY BEEN PAVED. CONTRACTOR TO JOIN THOSE AREAS.

2100200820122104210821122116212021242121211768422012205 632633N WILCOX AVE.N 21ST ST.181619001904191219082000210020042008201263220092001646647STOP N 21ST ST.N 20TH ST.N 19TH ST.

LINCOLN AVE.

LINCOLN AVE.

JOIN A/C PAVEMENTAT CURB RETURNS
JOIN A/CRE-STRIPE YELLOW SAFTEY CROSSWALK ON 4 LEGS OF THE INTERSECTION JOIN A/C 1
1 JOINJOINJOIN
GRIND AC AND OVERLAYINTERSECTIONS WITH2" AC TO CURB RETURNS STOPJOINCROSSGUTTERJOINCITY OF MONTEBELLONORTHSCALE: NTSSheet 2 of 5 2 LINCOLN AVE. STRIPING FROM: N. WILCOX AVE.TO: MONTEBELLO BLVD.1 DOUBLE SOILD YELLOW LINE WITH D TYPE RAISED MARKERS

NORTHSCALE: NTSSheet 3 of 5
317181737174117451804180818121816646633632STOP
N 19TH ST.N 18TH ST.N VAIL AVE.141515051515150915131519152117051523 6421615160916051601151715131507645644N VAIL AVE.N MAPLEAVE.

N MAPLE DR.

LINCOLN AVE.

LINCOLN AVE.1413
CITY OF MONTEBELLO LINCOLN AVE. STRIPING FROM: N. WILCOX AVE.TO: MONTEBELLO BLVD.

JOINCROSSGUTTER PEDXINGPEDXING

PEDXINGPEDXING

RESTRIPE WITH LADDER TYPEWHITE LINE CROSSWALKGRIND AND OVERLAY TO CURB RETURNJOIN

PEDXING

JOINGRIND AND OVERLAY TO CURB RETURN

RESTRIPE WITH LADDER TYPEWHITE LINE CROSSWALKTHERMOPLASTICJOINGRIND ANDOVERLAY TO CURB RETURN

GRIND AND OVERLAYTO CURB RETURN

NORTHSCALE: NTSSheet 4 of 5
4130313051307130913111405140714091411141314151505645644142514211417140514011327132313191411N MAPLE AVE.

N MAPLE DR.
1301N TAYLOR AVE.

N TAYLOR AVE.
628700701701925XINGPED705PEDXING
N TAYLOR AVE.HOWARD AVE.

HOWARD AVE.N TAYLOR AVE.

LINCOLN AVE.

LINCOLN AVE.
700
CITY OF MONTEBELLO LINCOLN AVE. STRIPING FROM: N. WILCOX AVE.TO: MONTEBELLO BLVD.

JOIN

PEDXINGPEDXING

JOIN JOINCROSSGUTTER

RESTRIPE WITH LADDER TYPEWHITE LINE CROSSWALK
JOINAC

JOIN ACGRIND AND OVERLAY TO CURB RETURN

GRIND AND OVERLAYTO CURB RETURN

NORTHSCALE: NTSSheet 5 of 5
51001967916628
901700905701925921917913909
HOWARDAVE.

HOWARDAVE. A
A
644702MONTEBELLOBLVD.A
A
LINCOLN AVE.

LINCOLN AVE.CITY OF MONTEBELLO LINCOLN AVE. STRIPING FROM: N. WILCOX AVE.TO: MONTEBELLO BLVD.

JOIN RECENTLY PAVED ACEXISTING STRIPING PROTECT IN PLACE