City Council / Housing Authority
December 4, 2023

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

PUBLIC WORKS

CONTRACT
Between
The City of Pomona
and
Gentry Brothers, Inc.

For

POMONA MULTI-NEIGHBORHOOD PEDESTRIAN AND BICYCLE
IMPROVEMENT [CONSTRUCTION]
PROJECT NO. 428-67930
FEDERAL NO. ATPL-
5070(035)
IFB CONSTRUCTION No: 2023-46
DRAFT
ATTACHMENT NO. 4

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

PUBLIC WORKS CONTRACT

POMONA MULTI-NEIGHBORHOOD PEDESTRIAN AND

BICYCLE IMPROVEMENT
PROJECT NO. 428-67930
FEDERAL NO. ATPL-
5070(035)
IFB No: 2023-46

TABLE OF CONTENTS
ARTICLE 1
.   SCOPE OF WORK. A-4
ARTICLE 2.   TIME FOR COMPLETION. A-4
ARTICLE 3.   CONTRACT PRICE. A-A5
Sec. 3.1   Contract Price. A-5
Sec. 3.2   Payment Terms A-5
ARTICLE 4.   COMPONENT PARTS OF THE CONTRACT. A-5
ARTICLE 5.   PROVISIONS REQUIRED BY LAW. A-6
Sec. 5.1   Contractors License. A-6
Sec. 5.2   Ineligible Contractor Prohibited. A-6
Sec. 5.3   Unfair Business Practices Claims. A-6
Sec. 5.4   Trenches, Excavations and Unknown Conditions. A-6 Sec. 5.5   Trench and Pipeline Safety. A-7
Sec. 5.6   Utility Relocation. A-7
Sec. 5.7   Third Party Claims Notification. A-7
Sec. 5.8 State License Board Notice. A-7
ARTICLE 6.   INSURANCE, BONDS AND INDEMNIFICATION. A-8 ARTICLE 7.   LABOR AND WAGE PROVISIONS. A-10
Sec. 7.1   Prevailing Wages. A-10
Sec. 7.2   Apprentice Program. A-10
Sec. 7.3   Legal Hours of Work and Overtime. A-10
Sec. 7.4   Payroll Records. A-10
ARTICLE 8.   COORDINATION OF WORK A-12
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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Sec. 8.1   Representative of Contractor. A-12
Sec. 8.2   Contracting Officer. A-13
Sec. 8.3   Prohibition Against Assignment. A-13
Sec. 8.4   Independent Contractor. A-13
Sec. 8.5   Identity of Persons Performing Work. A-14
ARTICLE 9.   ENFORCEMENT OF CONTRACT A-14
Sec. 9.1   California Law. A-14
Sec. 9.2   Disputes A-14
Sec. 9.3   Waiver. A-14
Sec. 9.4   Rights and Remedies are Cumulative. A-15
Sec. 9.5   Legal Action. A-15
Sec. 9.6   Termination for Default of Contractor. A-15 Sec. 9.7   Termination for Convenience. A-15
Sec. 9.8   Attorneys' Fees. A-16
Sec. 9.9   Legal Actions Against the City A-16
ARTICLE 10.   CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION A-19 Sec. 10.1   Non-liability of City Officers and Employees. A-19 Sec. 10.2   Conflict of Interest. A-19
Sec. 10.3   Covenant Against Discrimination. A-19
ARTICLE 11.   MISCELLANEOUS PROVISIONS A-20
Sec. 11.1   Notice. A-20
Sec. 11.2   Interpretation. A-20
Sec. 11.3   Integration; Amendment. A-20
Sec. 11.4   Severability. A-21
Sec. 11.5   Hiring of Undocumented Workers Prohibited A-21 Sec. 11.6   Corporate Authority A-21
Sec. 11.7   Independent Contractor. A-21
Sec. 11.8  Legal Responsibilities. A-21
Sec. 11.9   Sales And/Or Taxes: A-21
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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

PUBLIC WORKS CONTRACT

POMONA MULTI-NEIGHBORHOOD PEDESTRIAN AND BICYCLE
IMPROVEMENT PROJECT NO. 428-67930 POMONA FEDERAL NO. ATPL-5070(035) IFB No: 2023-46
THIS CONTRACT ("Contract") is made and entered into on December 5, 2023, in the County of Los Angeles, State of California, by and between the City of Pomona, hereinafter called City, and Gentry Brothers, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 4 below for the following Project(s):

POMONA MULTI-NEIGHBORHOOD PEDESTRIAN AND
BICYCLE IMPROVEMENT PROJECT NO. 428-67930
POMONA FEDERAL NO. ATPL-5070(035) IFB No: 2023-46
The Contractor and its surety shall be liable to th e City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

The Work shall be commenced on the date stated in the City’s Full Notice to Proceed. All work to be done under this contract shall be completed within; 150 working days for all the base bid work; and 75 working days for all the additive alternate work (if awarded), and if only a portion of the additive alternat e work is awarded the allowed additive alternate working days will be prorated bas ed on the dollar amount) beginning on the date stipulated in the written "Notice to Proceed" issued by the City Engineer. .

ARTICLE 3. CONTRACT PRICE.

Sec. 3.1 Contract Price.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additi ons or deductions as provided in the Contract Documents, and including all applicable ta xes and costs, the sum of Fifteen Million, Twenty-Two Thousand, Thirty-Eight Dollars and Twenty Cents ($15,022,038.20).

Sec. 3.2 Payment Terms
Payment shall be made as set forth in the Section 7 of Special Provisions.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

ARTICLE 4. COMPONENT PARTS OF THE
CONTRACT.

The “Contract Documents” include the following:
• Purchasing Specifications
• Special Provisions Contractor's Bid Forms
• Contractor’s Certificate Regarding Workers’ Compensation • Bid Bond
• Statement of Non-Collusion by Contractor
• Agreement for Indemnification by Contractor and Acceptance and Acknowledgment of Procurement Practices of the City of Pomona • Public Works Contract
• Performance Bond
• Payment (Labor and Materials) Bond
• Worker’s Compensation/Employers Liability Endorsement • General Liability Endorsement
• Automobile Liability Endorsement
• Special Provisions (or Special Conditions)
• Technical Specifications
• Green book Standard Specifications (Sections 1-9 Excluded, except as specifically referenced herein)
• Addenda
• Approved and fully executed change orders
• All other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 5. PROVISIONS REQUIRED BY LAW.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules a nd regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. Such laws, rules a nd regulations shall include, but not be limited to the following.

Sec. 5.1 Contractors License.

The Contractor shall possess a Type "A" Ca lifornia Contractor's lic ense at the time of award of the Contract.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Sec. 5.2 Ineligible Contractor Prohibited.

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

Sec. 5.3 Unfair Business Practices Claims.

The Contractor or subcontractor offers and agr ees to assign to the City all rights, title, and interest in and to all causes of action it may have under Sec tion 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment by the parties. (California Public Contract Code Section 7103.5.).

Sec. 5.4 Trenches, Excavations and Unknown Conditions.

Pursuant to California Public Contract Code Section 7104, in the event the work included in this Contract requires excavations more than four (4) feet in depth, the following shall apply. (a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of all: (1) material that Contractor be lieves is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance w ith provisions of existing law; (2 ) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially fr om those ordinarily en countered and generally recognized as inherent in work of the character provided for in the contract. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous wa ste, and cause a decrease or increase in Contractor’s cost of, or the time required for, pe rformance of any part of the work shall issue a change order per Section 3 of the Special Provisions.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Sec. 5.5 Trench and Pipeline Safety.

If this Contract is for more than $25,000 and invol ves excavation of any trench five feet or more in depth, the Contractor shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be reviewed by the City, and if no exceptions are taken by the City the plan shall be deemed accepted by the City. In addition, the Contractor, in accordance with California Labor Code Sections 6500, DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. 6501 and 6502, shall submit a Permit Application Form (see Appendix, Part 7 for sample of this document) to State of California, Department of Industrial Relation, Division of Occupational Safety & Health for a permit.

Sec. 5.6 Utility Relocation.

City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by Contractor and removing or relocating such unidentified uti lity facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

Sec. 5.7 Third Party Claims Notification.

The City shall timely notify the Contractor in writing of any third party claims relating to the contract.

Sec. 5.8 State License Board Notice.

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4 ) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, C ontractors’ State License Bo ard, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 6. INSURANCE, BONDS AND
INDEMNIFICATION.

Insurance. All insurance issued in compliance with this section shall be issued in the form, and by an insurer or insurers, satisf actory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnishe d by the Contractor to the City prior to the commencement of work.

The Contractor shall maintain adequate workman's compensation insurance under the laws of the State of California for all labor employed by him or by any Subcontra ctor under him who may come within the protection of such workman's compensation insurance laws. At the time of execution of the Contract, the Contractor shall provide the certificate in substantially the following form: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker s' compensation or to undertake self-insurance in accordance with the provisions of that code, a nd I will comply with such provisions before commencing the performance of the work of this contract." (California Labor Code 1860-1861).

The Contractor shall maintain during the life of this Contract public liability and property damage insurance in which the City shall be named as an additional insured, and which shall protect the Contractor or any subcontractor performing work covered by the contract from claims for personal DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. injury, including accidental death as well as for claims for personal damages and property damages which may arise from the operations under any contract entered into whether such operations shall be performed by the Contractor or any subcontractor, or by anyone directly or indirectly employed by any one of them. The City of Pomona and its elected or appointed officials, directors, officers, agents, employees, volunteers, or contractors sh all be named as an "Additional Insured" under public liability and property damage insurance. The issuing insurance company must have A.M.

Best rating no less than A-:VII. Al l said insurance policies, as described in this section, shall provide that the same is non-cancelable except upon thirty (30) calendar days written notice to the City.

The limit of liability for such insurance shall be as follows:

1. General Liability:

Each Person Each Occurrence Aggregate

Bodily Injury

$500,000

$1,000,000

$2,000,000

Property Damage

---

$1,000,000

$2,000,000

A combined single limit policy with aggreg ate limits in the amount of $2,000,000 will be considered equivalent to the above minimum limits.

2. Automobile Liability
Any vehicle, combined single limit $1,000,000
Bonds. The Contractor shall secure with a responsible corporate su rety or corporate sureties, satisfactory bonds conditioned upon faithful perfor mance by the Contractor of all requirements under the contract and upon the payment of claims of material, men and laborers there-under. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the bid. The Faithful Performance Bond shall convert to a Warranty Bond in the amount of Fifty (50%) percent of the amount of the contract price plus all change orders, and shall cover warranty of the work and materials for a period of one year after the recordation of the Notice of Completion. The Labor a nd Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the bid. Both bonds shall be on forms provided by the City. At the time of submitting the Faithful Performance Bond and the Labor and Material bond the insurer shall submit to the City the following:
(a) the original, or certified copy of the unrevoked appoint ment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond; or (b) a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner; or
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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. (c) a certificate from the Los Angeles County Clerk stating that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted; or (d) copies of the insurer’s most recent annua l statement and quarterly statement filed with the Department of Insura nce pursuant to Article 10 (co mmencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insura nce Code, Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapte r 1 of Part 2 of Divi sion 1 of the Insurance Code.

Indemnity. Contractor hereby agrees to indemnify, in cluding the cost to defend the City, and its officers, officials, agents, employees, and volunt eers, from any and all losses, claims, liens, demands, liability, and causes of action of ever y kind and character including, but not limited to, the amounts of judgment, interests, court costs, legal fees, expert co sts, expert fees and other all expenses incurred by the City to the maximum extent allowed by law arising in favor of any party, that arise out of, or pertain to, or relate to the negligence, reck lessness, or willful misconduct of Contractor, its agents, subcontract or’s or subcontractor’s agents, in the performance of services under this contract, but this indemnity does not apply to liabili ty for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the ag ents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City.

ARTICLE 7. LABOR AND WAGE PROVISIONS.

Sec. 7.1 Prevailing Wages.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City Engineer's office or may be obtained online at http//www.dir.ca.gov/dlsr and which must be posted at the job site. The Contractor shall forfeit as a penalty to the City not more than Two H undred Dollars ($200.00), purs uant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

Sec. 7.2 Apprentice Program.

The Contractor's attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. The Contractor and any Subcontractor under him shall comply with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards and administration of the apprenticeship program may be obtained from the Director of Industrial Relations, P.O. Box 603, San Francisco, California 94101 or from the Division of Apprenticeship Standards and its branch office.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Sec. 7.3 Legal Hours of Work and Overtime.

Pursuant to Labor Code Section 1810, et se q., eight hours of work is a legal days work, and hours worked in excess of that amount must be paid as overtime at a rate of not less than one and one-half time the basic rate of pay. The Contractor and subcontractors shall keep an accurate record showing the name and actual hours worked for each calendar day and week for each workman. The Contractor shall pay a penalty of $25 per day for each violation of these wage provisions.

Sec. 7.4 Payroll Records.
(a) The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for compliance with its provisions by Contractor and his Subcontractors.
(b) In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the ce rtified payroll records directly to the Department of Industrial Relations on the specified interval and format prescribed by the Department of Industrial Relations, which may include electronic subm ission. Contractor shall comp ly with all requirements and regulations from the Department of Industrial Re lations relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 sha ll not apply to work performed on a public works project that is exempt pursuant to the sm all project exemption specified in Labor Code Section 1771.4.
(c) Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless fr om any claim or liabili ty arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. (d) Each Contractor and Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, and straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the public work.

Each payroll record shall contai n or be verified by a written d eclaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
(e) The payroll records enumerated under subdivision (b) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (b) shall be
made available for inspection or furnished upon re quest to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (b) shall be
made available upon request to the public for inspection or for copies thereof. However, a request by the public shall be made th rough either the body awarding th e contract, th e Division of Apprenticeship Standards, or th e Division of Labor Standards En forcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made . The public shall not be given access to such records at the principal office of the Contractor.
(f) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (g) Each Contractor shall file a certified copy of the records enumerated in subdivision (b) with the entity that requested such records within 10 days after receipt of a written request. (h) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, th e Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the contract or perf orming the contract shall not be marked or obliterated.
(i) The Contractor shall inform the body awar ding the contract of the location of the records enumerated under subdivision (b), including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. (j) The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10 day period, he or sh e shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. (k) The Contractor and Subcontractors shall submit to the City Engineer certified payrolls and copies of all payroll checks and pay stubs showing all itemized deductions for each employee on a weekly basis during the term of this contract.

ARTICLE 8. COORDINATION OF WORK
Sec. 8.1 Representative of Contractor.

The following principals of Contractor are he reby designated as being the principals and representatives of Contractor auth orized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:

Name / Title: Wayne Gentry, Secretary/ Treasurer
Company / Firm: Gentry Brothers, Inc.

Address: 384 Live Oak Avenue
City/State/Zip: Irwindale, CA 91706
Phone/Email: 626-357-9631 / [email protected]
It is expressly understood that the experien ce, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Contract. Therefore, the foregoing principals shall be responsible duri ng the term of this Cont ract for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

For purposes of this Contract, the foregoing pr incipals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

Sec. 8.2 Contracting Officer.

The Contracting Officer shall be such person as may be designated by the City Manager. It shall be the Contractor's responsibility to assure that the Contracting Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contr acting Officer. Unless otherwise sp ecified herein, any approval of City required hereunder shall m ean the approval of the Contra cting Officer. The Contracting Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Contract.

Sec. 8.3 Prohibition Against Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Contract. Neither this Contract nor any interest herein may be transf erred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder sh all include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. and/or control of Contractor, ta king all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void.

No approved transfer shall releas e the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

Sec. 8.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontra ctors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contr actor's employees, subcontractors, servants, representatives or agents, or in fixing their number , compensation or hours of service. Contractor shall perform all services required herein as an i ndependent contractor of City and shall remain at all times as to City a wholly independent contractor with only such oblig ations as are consistent with that role.

Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contract or in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

Sec. 8.5 Identity of Persons Performing Work.

Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services requ ired herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in su ch work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

ARTICLE 9. ENFORCEMENT OF CONTRACT
Sec. 9.1 California Law.

This Contract shall be construed and interpreted both as to validity and as to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Contract shall be instituted in the Superior Court of the County of Los Angeles, Stat e of California, or any other a ppropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

Sec. 9.2 Disputes.

In the event either party fails to perform its obligations hereunder, the non-defaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediat e action as may be necessary.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Notwithstanding the foregoing, the non-defaulting part y may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the non -defaulting party shall have the right, in addition to any other rights the non-defaulting party may have at law or in equity, to terminate this Contract. Compliance with the provisions of this Section 9.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

Sec. 9.3 Waiver.

No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.

Sec. 9.4 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the parties are cumulative a nd the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

Sec. 9.5 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recove r damages for any default, to compel specific performance of this Contract, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Contract.

Sec. 9.6 Termination for Default of Contractor.

If termination is due to the failure of the Contra ctor to fulfill its obliga tions under this Contract, Contractor shall vacate any City owned prope rty which Contractor is permitted to occupy hereunder and City may, after co mpliance with the provisions of Section 9.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total co st for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for th e purpose of setoff or partial payment of the amounts owed the City as previously stated.

Sec. 9.7 Termination for Convenience.

The City may terminate this C ontract without cause for the c onvenience of the City upon giving contractor thirty (30) days prior written notice of termination of the Contract. Upon receipt of the notice of termination, the Contract or shall cease all further work pursuant to the Contract unless otherwise indicated in the notice. Upon such termination by the City, the Contractor shall not be DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. entitled to any other remedies, cl aims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termin ation, Contractor shall be entitled to the following compensation:
(a) The contract value of the work completed to the City’s satisfaction as solely determined by the City up to and including the termination date indicated in the notice of termination, less the amount of progress payments received by contractor. (b) Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off. (c) The cost of materials custom-made for th is Contract which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
(d) All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Contract.

The provisions of this paragraph shall supersed e any other provision of the Contract or any provision of any plans, specification, addendums or other documents which are or may become a part of this Contract. City a nd Contractor agree that the provi sions of this paragraph are a substantive part of the consideration for this Contract.

Sec. 9.8 Attorneys' Fees.

If either party to this Contract is required to in itiate or defend or made a party to any action or proceeding in any way connected with this Cont ract, 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 enforceab le whether or not such action is prosecuted to judgment.

Sec. 9.9 Legal Actions Against the City
In the event litigation is brought against the City concerning compliance by the City with State or Federal laws, rules or regulations applicable to highway work, the provisions of this section shall apply.
(a) If, pursuant to court order, the City prohibits the Contractor from performing all or any portion of the work, the delay will be considered a right of way delay w ithin the meaning of Subsection 6-6 of the Standard Specification unless the contract is terminated as hereinafter provided, in which event compensation payable to the Contractor shall be determined in accordance with said termination provisions.
(b) If, pursuant to court order (other than an order to show cause) the City is prohibited from requiring the Contractor to perform all or any portion of the work, the City may, if it so elects, DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. eliminate the enjoined work pursuant to Section 3 of the Standard Specifications or terminate the contact in accordance with Subsections 6-3 and 6-5 of the Standard Specifications. (c) If the final judgment in the action prohibits the City from requiring the Contractor to perform all or any portion of the work, the City will either eliminate the enjoined work pursuant to Sections 3 of the Standard Specifications or terminate the contract in accordance with Subsections 6-3 and 6-5 of the Standard Specifications. (d) Termination of the contract and the tota l compensation payable to the Contractor in the event of termination shall be governed by the following:
(1) The City Engineer will issue the Contractor a written notice specifying that the contract is to be terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the City Engineer, the Contractor shall:
a. Stop all work under the contract, except that specifically directed to be completed prior to acceptance.
b. Perform work the City Engineer deems necessary to secure the project for termination.
c. Remove equipment and plan from the site of the work. d. Take such action as is necessary to protect materials from damage. e. Notify all Subcontractors and supplie rs that the contract is being terminated and that their contracts of orders are not to be further performed unless otherwise authorized in writing by the City Engineer. f. Provide the City Engineer with an inventory list of all materials previously produced, purchased or orde red from suppliers for use in the work and not yet used in the work, including its storage location and such other information as the City Engineer may request.
g. Dispose of materials not yet used in the work as directed by City Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial paymen t has been made as provided in Subsection 9-3.2 of the Standard Specifi cations, and with bills of sale or other documents of title for such materials.
h. Subject to the prior written approval of the City Engineer, settle all outstanding liabilities and all claims ar ising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the City Engineer, the Contractor shall assign to the City all the right title and interest of the Contractor under subcontracts or orders for materials terminated hereunder.
i. Furnish the City Engine
er with the documentation required to be
furnished by the Contractor under the pr ovisions of the contract including, on projects as to which Federal fu nds are involved, all documentation required under the Federal requirements included in the contract. j. Take such other actions as the City Engineer may direct.

(2) Acceptance of the contract as hereinafter specified shall not relieve the DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Contractor of responsibility for damage to materials except as follows:

a. The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Subsection 9-3.2 of the Standard Specifications, and for materi als furnished by the City for use in the work and unused, shall terminate when the City Engineer certifies that such materials have been stored in the manner and at the locations he has directed.
b. The Contractor's responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of the materials has been taken by the City.
c. When the City Engineer determines that the Contractor has completed the work under the contract directed to be completed prior to termination and such other work as ma y have been ordered to secure the project for termination, he will recommend that the City Engineer formally accept the contract, and immediately upon and after such acceptance by the City Engineer, the Contractor will not be required to perform any further work thereon and shall be relieved of his contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the City Engineer.

(3) The total compensation to be paid to the Contractor shall be determined by the City Engineer on the basis of the following:
a. The reasonable cost to the Contract or, without profit, for all work performed under the contract, includ ing mobilization, demobilization and work done to secure th e project for terminatio n. Reasonable cost will include a reasonable allowance fo r project overhead and general administrative overhead not to exceed a total of seven percent (7%) of direct costs of such work.

When in the opinion of the City Engin eer, the cost of a contract item of work is excessively hi gh due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specificat ions and the excessive actual cost shall be disallowed.
b. A reasonable allowance for profit on the cost of the work performed as determined under Subsection (a), provided the Contractor establishes to the satisfaction of the City Engineer th at it is reasonably probable that he would have made a profit had the c ontract been completed and provided further that the profit allowed shall in no event exceed four percent (4%) of said cost.
c. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City or otherwise disposed of as directed by the City Engineer
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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. d. A reasonable allowance for the Cont ractor's administrative costs in determining the amount payable due to termination of the contract. e. All records of the Contractor and his Subcontractors, necessary to determine compensation in accordance w ith the provisions of this section, shall be open to inspection or audit by representatives of the City at all times after issuance of the notice that the contract is to be terminated and for a period of three years, and such records shall be retained for that period. f. After acceptance of the work by the City Engineer, the City Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate when in his opinion the amount thus paid, together with all amounts previously pa id allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Fi nal Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract.

ARTICLE 10. CITY OFFICERS AND EMPLOYEES,

NONDISCRIMINATION
Sec. 10.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be pers onally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

Sec. 10.2 Conflict of Interest.

The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Sec. 10.3 Covenant Against Discrimination.

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

Any Contractor who shall be found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of any contract with the City, thereby shall be found in material breach of such contract and thereupon the City shall have power to cancel or suspend the contractor, in whole or in part, or to deduct from the am ount payable to such Contractor the sum of twenty-five dollars ($25.00) for each person for each calendar day during which such person was discriminated DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. against, as damages for said breach of contract; or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent Federal agency or officer shall constitute evidence of a violation of contract under this section.

Sec. 10.4 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.

When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6- 22 (“Russian Sanctions Program”). As part of th is compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “E” (Russian Sanctions Certifica tion), attached hereto and incor porated herein by reference.

Consultant shall also require a ny subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

ARTICLE 11. MISCELLANEOUS PROVISIONS
Sec. 11.1 Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City: City of Pomona
Public Works Department, Engineering Division
City Hall, 505 S. Garey Ave., PO BOX 660
Pomona, CA 91767
Attention: City
Engineer
To Contractor: Name, Title: Wayne Gentry, Secretary/ Treasurer Company/Firm: Gentry Brothers, Inc.

Address: 384 Live Oak Ave.

City/State/ZC: Irwindale, CA 91706

The above address of Contractor is designated as the place to which all notices, letters and other communications to the Contractor shall be mailed or delivered. The mailing to or delivering at the above named place of any notice, letter or other communication to the Contractor, shall be deemed sufficient service thereof upon the C ontractor. The date of said serv ice shall be the date of such mailing or delivery. Such address may be changed at any time by a written notice signed by the Contractor and delivered to the City Engineer.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Sec. 11.2 Interpretation.

The terms of this Agreement shall be construe d in accordance with the meaning of the language used and shall not be construed fo r or against either pa rty by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

Sec. 11.3 Integration; Amendment.

It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes a nd cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement ma y be amended at any time by the mutual consent of the parties by an instrument in writing.

Sec. 11.4 Severability.

In the event that any one or mo re of the phrases, sentences, cl auses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

Sec. 11.5 Hiring of Undocumented Workers Prohibited
Contractor shall not hire or employ any person to perform work within the City of Pomona or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.

Sec. 11.6 Corporate Authority
The persons executing this Agreem ent on behalf of the parties here to warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the en tering into this Agreem ent does not violate any provision of any other Agreement to which said party is bound.

Sec. 11.7 Independent Contractor.

The Contractor is and shall at all times remain as to the City, a wholly independent contractor.

Neither the City, nor any of its officers, employees or agents shall have control over the conduct of the
Contractor or any of the Contractors’ officers, employees or agents, except as herein set forth. The Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City, nor shall City officers, employees or agents be deemed the officers, employees, or agents of Contractor as a result of this Agreement.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Sec.11.8 Legal Responsibilities.

The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times obser ve and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, or employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this section.

Sec. 11.9 Sales And/Or Taxes:

Except as may be otherwise specif ically provided herein, all sale s and/or use taxes assessed by Federal, State or local authorities on materials us ed or furnished by the C ontractor in performing the work hereunder shall be paid by the Contractor.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

This Contract is executed by the CITY pursuant to the approval by its Governing Body in session on __________, 2023, authorizing the same, and CONTRACTOR has caused this Contract to be duly executed.

CITY OF POMONA CALIFORNIA Contractor:___________________________ _

By: ___________________________________
City Manager

ATTEST:

______________________________________
City Clerk

Approved as to form:

______________________________________
City Attorney

By:___________________________________

_____________________________________
Name

_____________________________________
Title

Date:__________________________________

(Attach acknowledgment for Authorized Representative of Contractor.)

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. (Use of City Bond Form is Required)

FAITHFUL PERFORMANCE BOND PUBLIC WORK (CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ________________________________________ (as Principal) has entered into a contract dated __________ _________, _____, (the "Contract") with the City of Pomona (Obligee) referred to and made a part hereof to perform th e following work of public improvement, to wit:

POMONA MULTI-NEIGHBORHOOD PEDESTRIAN AND BICYCLE IMPROVEMENT PROJECT NO. 428-67930 FEDERAL NO. ATPL-5070(035) IFB No: 2023-46 and all appurtenant work in accordance with the plans and specifications for Project No. 428- 67930, which agreement requires the Principal to provide Obligee with this bond.

NOW THEREFORE, we, _______________________________________ (as Pr incipal) and ___________________________________________ (as Surety) 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 Pomona (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 Principa l and Surety bind themselves, their heirs, executors, administrator s, successors, and assigns, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

The address at which the Principal may be served with notices, papers and other documents is:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

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

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Whenever Principal shall be, and is declared by the Obligee to be, in default under the Contract, the Surety shall remedy the default pursuant to the Contract, or shall promptly, at the Obligee’s option:

i. Take over and complete the Project in accordance with all terms and conditions in the Contract; or

ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Obligee, and make ava ilable as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract pr ice” as used in this paragraph shall mean the total amount payable to Principal by the Obligee under the Contract and any modification thereto, less any amount pr eviously paid by the Obligee to the Principal and any other set offs pursuant to the Contract.

iii. Permit the Obligee to complete the Projec t in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Principal by the Obligee under the Contract and any modification thereto, less any amount previously paid by the Obligee to the Principal and any other set offs pursuant to the Contract.

Surety expressly agrees that the Obligee may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Surety shall not utilize Principal in completing the Project nor shall Surety accept a bid from Principal for completion of the Project if the Obligee, when declaring th e Principal in default, notifies Surety of the Obligee’s objection to Principal’s further participation in the completion of the Project.

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

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

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

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

PRINCIPAL
Signature: _____________________________________ Date: _________________

Name and Title (Print): ________ __________________________________________ SURETY
Signature: _____________________________________ Date: ________________

Name and Title (Print): __________________________________________________

I declare under penalty of perjury under the laws of the State of California that the contents of the above Bid Bond are true and correct, and that I have been duly authorized to sign this Bid Bond on behalf of Surety. This Declaration is signed on ____________________, in the City of _____________________ , State of California.

SURETY

Signature: _____________________________________ Date: ________________

Name and Title (Print): __________________________________________________

--OR—

State of California )
County of Los Angeles )

On__________________________, before me, _________ ___________________ (here insert name and title of the officer), personally
appeared_____________________________________________________________, who proved to me on the basis of sa tisfactory evidence to be the per son(s) whose name(s) is/are subscribed to the within inst rument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hi s/her/their signature(s) on the instrument the person(s), or t he entity upon behalf of which the per son(s) acted, executed the instrument.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

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

WITNESS my hand and official seal.

Signature ______________________________________ (Seal)

-- AND –
(Proof of signature authorization or power of attorney must be attached)

APPROVED AS TO FORM:

____________________________________
Deputy City Attorney

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. (Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND PUBLIC WORK (CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, _________________ _______________________ (as Principal) has entered into a contract dat ed ___________________, _____, (the "Contract") with the City of Pomona (Obligee) referred to a nd made a part hereof to perform the following work of public improvement, to wit:

POMONA MULTI-NEIGHBORHOOD PEDES TRIAN AND BICYCLE IMPROVEMENT PROJECT NO. 428-67930 FEDERAL NO. ATPL-5070(035) IFB No: 2023-46 and all appurtenant work in accordance with the plans and specifications for Project No. 428-67930, which requires Principal to file this bond to secure claims made under Civil Code Section 8000, et seq.

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

The address at which the Surety may be served with notices, papers and other documents is:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

The address at which the Principal may be served with notices, papers and other documents is:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its subcontractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or for amounts due under the Unempl oyment Insurance Code with respect to such work or labor performed under the Contract, or for any amounts requ ired to be deducted, withheld and paid over to the Employment Development D epartment from the wages of DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. employees of the Contract or and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the pr evailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

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

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

This bond is executed for the purpose of comp lying with the laws of the State of California designated as Title 3, Chapter 5, Works of Improvement, commencing with Section 9550 of the Civil Code of the State of California and all am endments thereto, and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.

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

PRINCIPAL

Signature: _____________________________________ Date: _________________

Name and Title (Print): __________________________________________________

SURETY

Signature: _____________________________________ Date: ________________

Name and Title (Print): __________________________________________________

I declare under penalty of perjury under the laws of the State of California that the contents of the above Bid Bond are true and correct, and that I have been duly authoriz ed to sign this Bid DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Bond on behalf of Surety. This Declaration is signed on ____________________, in the City of _____________________ , State of California.

SURETY

Signature: _____________________________________ Date: ________________

Name and Title (Print): __________________________________________________

--OR--

State of California )
County of Los Angeles )

On__________________________, before me, _________ ___________________ (here insert name and title of the officer), personally
appeared_____________________________________________________________, who proved to me on the basis of satisfactory evi dence to be the person(s) whose name(s) is/are subscribed to the within inst rument 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 t he entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________________________ (Seal)

-- AND –

(Proof of signature authorization or power of attorney must be attached)

APPROVED AS TO FORM:

____________________________________
Deputy City Attorney

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

CONTRACTOR'S CERTIFICATE

REGARDING WORKMEN'S COMPENSATION
Labor Code Section 3700
"Every employer except the State and all political subdivisions of institutions thereof, shall secure the payment or compensation in one or more of the following ways:" "(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State." "(b) By securing from the Director of Indust rial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-ins ure and to pay any compensation that may become due to his employees."
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's co mpensation or to underta ke self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONTRACTOR:
______________________________________
Name of Contractor
By: ___________________________________ Date:
_______________ _________________
_______________________________________
(printed name of signer)

(In accordance with Article 5 {commencing at Se ction 1860}, Chapter 1, Part 7, Division 2, of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.)
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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

CITY OF POMONA CONTRACT RETENTION POLICY
(To be completed when escrow account is requested)

Pursuant to Section 22300 of the Public Contract Code of the State of Ca lifornia, the City of Pomona offers the attached Escrow Agreement for Security Deposits in Lieu of Retention with the following specifications:

1. The Escrow Agent shall be the Citizens Business Bank located at 1095 N. Garey Avenue, Pomona, CA 91767.

2. The City (Owner) shall receive monthly statem ents from the Escrow Agent on any retention payments to the Escrow Agent and shall reconcile the balance of the account to the City’s general ledger retention liability account each month. A copy of the Escrow statement shall be provided to the Contractor upon request.

3. The retention account will be closed by the Owner and the balance therein released to the Contractor sixty (60) days after the Notice of Completion is recorded by the Los Angeles County Recorder. If, however, the Owner receives claims for any amount held in retention, or the Owner identifies valid unpaid notices, the Owner shall re tain amounts necessary to address such claims and notices.

CONTRACTOR

Signature: ____________________________________ Date: ________________

Name and Title: ________________________________________________________

CITY OF POMONA

Signature: ____________________________________ Date: ________________

Name and Title: ________________________________________________________

ESCROW AGENT

Signature: ____________________________________ Date: ________________

Name and Title: ________________________________________________________ DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

This Escrow Agreement is made and entered into by and between:

1) The CITY OF POMONA, whose address is 505 S. Gare y Avenue, Pomona, CA 91769, hereinafter called “Owner,” whose address is 505 S. Garey Avenue, Pomona, CA 91766; 2) ________________________________, hereinafter called “Contractor,” whose address is _____________________________________________________; and 3) Citizens Business Bank, hereinafter called “ Escrow Agent,” whose address is 1095 North Garey Avenue, Pomona, CA 91767.

For the consideration hereinafter set forth, the Owner, Contract or and Escrow Agent agree as follows:

1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____________________________________ in the amount of $_______, dated _____________________________ (hereinafter referred to as the “Contract”). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract or earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount requi red to be withheld as retention under the terms of t he Contract between the Owner and Contractor. Securities shall be held in the name of City of Pomona, and shall designate the Contractor as the beneficial owner. All securities used as a subs titute for retention earnings will be in compliance with the California State Government Code Section 16430.

2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Cont ract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

3. When the Owner makes payment of retention earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditi ons of this Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administrating the Escrow Account and all expenses of the Owner. The expens es
and payment terms shall be determined by the Owner and Contractor.

5. The interest earned on the securities or t he money market accounts held in Escrow and all interest earned on the interest shall be for t he sole account of Contractor and shall be DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc. subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied with wr itten authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. The Owner shall have a right to draw upon t he securities in the event of default by the Contractor. Upon seven (7) days’ written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately c onvert the securities to cash and shall distribute the cash as instructed by the Owner.

8. Upon receipt of written notific ation from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit, less escrow fees and char ges of the Escrow Account. If the Owner determines that any portion of the securities (and interest) on deposit shall be retained in response to third party claims (and any related notices), the Owner shall provide the Escrow Agent with written notice of said retention. The Escrow Agent shall withhold amounts from release pursuant to said notice. The Escrow Account shall be closed immediately upon disbursement of all monies and securities on deposit and payments of fees and charges.

9. The Escrow Agent shall rely on the writ ten notification from th e Owner and Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harml ess from Escrow Agent’s release and disbursement of the securities and interest as set forth above.

10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

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[Intentionally left blank – signatures follow on the next page.]

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

On Behalf of Owner:

Signature: __________________________________________
Andrew Mowbray, Finance Director
City of Pomona
505 S. Garey Avenue
Pomona, CA 91766

On Behalf of Contractor:

Signature: __________________________________________

Name and Title: ________________________________________________

Address: ______________________________________________________

On Behalf of Escrow Agent:

Signature: __________________________________________

Name and Title: ________________________________________________

Address: 1095 N. Garey Avenue, Pomona, CA 91767

At the time of escrow account if opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

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

OWNER

Signature: ____________________________________ Date: _____________ Andrew Mowbray, Finance Director

CONTRACTOR

Signature: ____________________________________ Date: _____________

Name and Title: _____________________________________________________

APPROVED AS TO FORM

Signature: ____________________________________ Date: _____________ City Attorney

11-21-2023
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NOTICE
Labor Code, Division 2, Part 7, Chapter 1, Article 2, Section 1773.3 states:
"An awarding agency whose public works contra ct falls within the jurisdiction of Section 1777.5 shall, within five (5) calendar days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically requested by a local joint apprenticeship committee, the division shall notify the local joint apprenticeship committee making the request.

Within five (5) calendar days of a finding of any discrepancy regarding the ratio of apprentices to journeymen, pursuant to the certificated fixed number of apprentices to journeymen, the awarding agency shall notify the Division of Apprenticeship Standards." (Added by Stats. 1978, Ch. 1249.)
Submission of the "Extract of Public Works Contract Award" (see Appendix, Part 7 for sample of this document) will satisfy the above noted requirement.

Also note Labor Code Sections 1776(g), 1777.5 and 1777.7.

NOTICE

THE CONTRACTOR WILL BE REQUIRED TO FURNISH THE CITY OF POMONA WITH THE

CLASSIFICATIONS OF LABORERS TO BE USED FOR THE COMPLETION OF THIS PROJECT WITHIN THREE (3) WORKING DAYS AFTER NOTIFICATION OF AWARDING OF CONTRACT.

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RELEASE
OWNER:

CONTRACTOR:

PROJECT:

In consideration of final payment of undisputed Contract amounts relating to all labor, services, equipment or material furnished to Owner on t he above referenced Project, Contractor hereby waives and releases any right to a stop notice, mechanic's lien, or against a labor and materials bond on the Project and hereby releases Owner fr om any and all claims for payment on the Project except for the disputed work and the disputed amounts both of which are set forth below:

DESCRIPTION OF DISPUTED WORK

DISPUTED AMOUNTS

CHECK IF NONE: ______

CHECK IF NONE: ______

Contractor acknowledges that it has been advised by its attor neys concerning, and is familiar with, the provisions of California Civil Code Section 1542, which provides as follows:

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A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Contractor, in that connection, acknowledges that it may have sustained damages, loss, cost, or expense that is presently unknown or unsuspected, and that such damages, loss, cost, or H - 1
expense as may have been sustained, may give rise to additional damages, loss, cost, or expense in the future. Neverthel ess, Contractor acknowledges that this Release has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which it may have under California Civil C ode Section 1542 or under any other state or federal statutes or common law principle of similar effect.

Date: __________________

CONTRACTOR
By: ____________________________________
(signature)

Typed Name: ____________________________
Title: ___________________________________

NOTICE: This document waives rights unconditionally and states that you have been paid for giving up those rights. This document is enforceable against you if you sign it, even if you have not been paid. If you have not been paid, use a conditional release form.

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PART 3

SPECIAL PROVISIONS
(SUPPLEMENTS AND MODIFICATIONS

TO THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION) DRAFT

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22. SPECIAL PROVISIONS
The City adopts by reference as its Special Prov isions for this Public Works Contract the following standard specifications. All work shall be performed in accordance with the provisions of the latest edition of the following standard specifications:
 STANDARD SPECIFICATION FOR PUBLIC WORKS CONSTRUCTION
(GREENBOOK), including all Suppleme ntal Amendments, as published by Building News, Inc., Los Angeles, California, which Specifications are hereinafter referred to as the “Standard Specifications (Greenbook).”  STATE OF CALIFORNIA DEPARTME NT OF TRANSPORTATION STANDARD SPECIFICATIONS, plus any supplements, which Specific ations are hereinafter referred to as the “State Standard Specifications.”
The Standard Specifications (Greenbook) shall govern the performance of the work except:
(a) When the situation is not cover ed by the Standard Specifications (Greenbook), the situation shall be governed by the State Standard Specifications. (b) When a specific reference is made to different specifications, plans or drawings, those specific specifications, plans or drawings shall govern. (c) When a conflict exists between the Standard Specifications (Greenbook) and any other specifications, t he Greenbook shall govern unless the reference to the other specification requires compliance to the other specification. (d) As modified by these Special Provisions, Technical Provisions, City of Pomona and State of California Standard Drawings and the Project Plans.

These Special Provisions supplement and revise the afor ementioned Standard Specifications (Greenbook) as set forth below. Any reference to "Section" or "Subsection" in these Special Provisions shall refer to the aforementioned Standard Specifications unless noted otherwise.

SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS

OF MEASURE, AND SYMBOLS
1-2 TERMS AND DEFINITIONS. Add the following terms and definitions to Section 1-2. To the extent the definitions below conflict with the definitions in Section 1-2 of the Standard Specifications, the definitions below shall govern:

Agency – The City of Pomona, for which the work is being performed.

Board – The City Council of the City of Pomona, constituting the awarding authority of the City.

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City – The City of Pomona.

City Engineer (or) Engineer – The City Engineer of the Cit y of Pomona or other person designated by the City Engineer acting either directly or through authorized agents.

Owner – City of Pomona unless otherwise specified.

STD DWG – City of Pomona Public Works Department Standard Drawings STD Plans – APWA Standard Plans for Public Works Construction, Latest Edition Pomona Water Standard – Standard Specifications for Water Facility Construction by Pomona Water Division
Working Day – The following days have been designat ed as holidays by the City of Pomona:

New Year's Day January 1
Martin Luther King, Jr Day 3rd Monday in January
President's Day 3rd Monday in February
Cesar Chavez Day March 31st
Memorial Day Last Monday in May
Juneteenth Day June 19
th
Independence Day July 4
Labor Day 1st Monday in September
Veterans' Day November 11
Thanksgiving 4th Thursday in November
Day after Thanksgiving 4t h Friday in November
Christmas Eve December 24
Christmas Day December 25

If a holiday falls upon a Sunday, the followin g Monday shall be the day the holiday is observed, and if a holiday falls upon a Saturday, the preceding Friday shall be the day the holiday is observed.
1-7.1 AWARD AND EXECUTION OF CONTRACT. Add the following:

The Bidder is required to examine carefully the site of work, Bid forms and all other Contract documents for the work contemplated. The Submission of a Bi dder's Bid shall be considered conclusive evidence that the Bidder has investigat ed and is satisfied as to the conditions to be encountered, as to the char acter, quality and quantitie s of work to be performed and materials to be furnished, and as to the requirement s of all the above documents.
1-7.2 CONTRACT BONDS. Add the following:

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If during the continuance of the contract any of the sureties upon the faithful performance bond in the opinion of the Cit y Engineer are or become insufficient, he may require additional sufficient sureties which the Contractor shall furnish to the satisfaction of the City Engineer within fifteen (15) calendar days after notice, and in default t hereof the contract may be suspended and the work completed as provided in Section 6 of the Standard Specifications.

Consistent with the Standard Specifications, the Bond for Faithful Performance and the bond for Material Suppliers and Laborers shall each be in the amount of 100 percent of the Contract price. Said bonds shall insure the City during the life of the Contract.

The Faithful Performance Bond also shall insure the City during the life of the Contract and for the term of one (1) year (unless specifically stated otherwise in the Specifications) from the date of final acceptance of the work against faulty or improper materials or workmanship that may be discovered during that time.

SECTION 2 – SCOPE OF WORK
2-2 PERMITS. Delete and substitute:

The Contractor shall obtain, pay, and comply with all permits, including but not limited to the permits requirements as shown in the ”I nstruction to Bidders” part of this contract document, and give all notices necessary and incident to the due and lawful prosecution of the work and to the preservation of the public health and safety.

Excavation shall not be started on any trench, vertical or sloping, that is five feet (5’) or more in depth until the Contractor has obtained a permit from the State Division of Industrial Safety and submitted a copy of said permit to the Engineer. Upon demand by the City or the State Division of Industrial Safety or r epresentatives thereof, the Contractor shall produce the permit.

The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.

The Environmental Quality Act of 1970 (Chapter 1433, Stats. 1970), as amended by Chapter 1154, Stats. 1972 may be applicable to permits , license and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the contract. The Cont ractor shall comply with the prov isions of said statutes in obtaining such permits, licenses and other author izations and they shal l be obtained in sufficient time to prevent delays to the work.

In the event that the City has obtained permits, licenses or other authorizations, applicable to the work, in conformance with the requirements in said Environmental Quality Act of 1970, the Contractor shall comply with t he provisions of said permits, licenses and other authorizations.
2-5.2 Temporary Light, Power, and Water. Add this Subsection and the following:

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Any water drawn from City fire hydrant shall be via City owned water meter. The meter requires posting a security deposit with the Utility Services Cust omer Service at City Hall.

The deposit shall be retained until return of t he meter in a condition like received, less normal wear and tear and set up charge. Deposit shall be forf eited for lost, stolen, or damaged meter. Cost of service charges and water consumption shall be paid to be paid to the Utility Services Department monthly. Current read of t he meter to be provided or available for reading each m onth. All construction water meters require an approved “Reduced Pressure Backflow Preventer” (RPBP) to be installed immediately behind the meter on the service side. The Contractor shall operate the fire hydrant with a hydrant wrench only. Should damage occur to the hydrant, the Contractor shall make repairs at his expense.

The Contractor shall notify the Los Angeles County Fire Department and the City of Pomona, Public Works Department 24 hours in advance, stating the location of the hydrant and the hours when it will be used.

It is a misdemeanor to use water from any P ublic Fire Hydrant without obtaining the proper authorization.
2-5.4. Add the following:

HAUL ROUTES. Haul routes shall be submi tted to the Engineer within fifteen (15) consecutive calendar days following written notice of award of contract. Haul routes shall minimize impacts on heavily traveled arterials and areas with sensitive land used including schools, hospitals, and religious and residential communities.

Minimize idling: Contractor shall prohibit engine idli ng while waiting to load or unload, if the expected wait exceeds ten (10) minutes.
2-8 EXTRA WORK. Add the following:

The Contractor shall not perform any Extra Work prior to written authorization from the Engineer.
2-10 DISPUTED WORK. Add the following:

Contractor shall timely comply with all notices and requests for changes to the Contract time or Contract Price, including but not limited to all re quirements in these Contract Documents related to changes in the work, as a prerequisite to filing any claim governed by this Section. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizi ng informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of DRAFT

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$375,000 or less. Effective Ja nuary 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediat ion to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

B. Claims. For purposes of this Section, “Claim” or “claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the Contract Documents has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contract or has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Sect ion may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the document s necessary to substantiate the claim.

Nothing herein is intended to extend the ti me limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions.

Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

C. Supporting Documentation. The Contractor shall submit all claims in the following format:

1. Summary of claim merit and price, re ference Contract Document provisions pursuant to which the claim is made

2. List of documents relating to claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other

3. Chronology of events and correspondence

4. Analysis of claim merit

5. Analysis of claim cost

6. Time impact analysis in CPM format

7. If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specificat ions for the Project, Contractor shall provide a summary of the percentage of the claim subj ect to design errors or DRAFT

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omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

8. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

D. City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed por tion of the claim will be processed and made within 60 Days after the City issues its written statement.

1. If the City needs approval from its gov erning body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s 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 City shall have up to three Days following the next duly publicly noticed meet ing of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

2. Within 30 Days of receipt of a claim, the City may request in writing additional documentation supporting the claim or rela ting to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and pr ovided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing t he additional information or requested documentation, whichever is greater.

E. Meet and Confer. If the C ontractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, re spectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedu le a meet and confer c onference within 30 Days for settlement of the dispute.

F. Mediation. Within 10 business Days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted DRAFT

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to nonbinding mediation, with the City and the Contractor s haring the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business Days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediat or, each party shall select a mediator and those mediators shall se lect a qualified neutral thir d party to mediate with regard to the disputed portion of the claim. Each par ty shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2. For purposes of this section, medi ation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assist s the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3. Unless otherwise agreed to by the Cit y and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

4. The mediation shall be held no earlier t han the date the Contractor completes the work or the date that the Contractor last performs work, whichever is earlier.

All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

G. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must f ile a claim pursuant to Chapter 1 (commencing with Section 900) and C hapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

H. Civil Actions. The followin g procedures are established fo r all civil actions filed to resolve claims of $375,000 or less:

1. Within 60 Days, but no earlier than 30 Da ys, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both par ties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterest ed third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the comme ncement of the mediation unless a time requirement is extended upon a good cause showing to the court.

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2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedur e, notwithstanding Sectio n 1114.11 of that code.

The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civ il Procedure, (A) arbitr ators shall, when possible, be experienced in construc tion law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

I. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety.

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SECTION 3 – CONTROL OF THE WORK
3-1 ASSIGNMENT. Delete the entire subsection and Refer to Section 8.3 of Public Works Contract.
3-5 INSPECTION. Add the following:

The City Engineer, or his/her authorized agent, shall at all times have access to work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge regarding the process, workmanship, and character or materials used and employed in the work. Whenever required, the Contractor shall furnish to the City for test, and free of charge, samples of any one of the materials proposed to be used in the work. Said samples shall be delivered by the Contractor at the place within the City of Pomona designated by the City Engineer. Rejected material must be immediately removed from the work by the Contractor and shall not again be brought back to the site of the improvement.

The Contractor shall notify the City Engineer of his authorized agent forty-eight (48) hours in advance when he will require inspection for material work to be done. 3-6 THE CONTRACTOR’S REPRESENTATIVE. Add the following:

When and as directed by the City Engi neer, the Contractor shall attend all conferences and meetings which the City E ngineer deems necessary for the proper progress of work under this contract.
3-7.1 General. Add the following:

Except as otherwise specified on the Plans or in these Special or Technical Provisions, all work relating to traffic signals and street lighting, including al l equipment, materials, components, and the installation thereof, shall be in accordance with t he latest edition of the State Standard Plans and Se ction 86, of the latest edition of the State Standard Specifications. The order of precedence for said State Standard Plans shall be lower than that of the Project Plans and Specifications but higher than that of the Standard Plans and Standard Specifications for Public Works Construction (Green Book).

If the contractor, in the cour se of the work, becomes awar e of any claimed errors or omissions in the contract documents or in the City’s field work, it shall immediately inform the City Engineer. The City Engineer shall prom ptly review the matter, and if he/she finds an error or omission has been made, he/she s hall determine the corrective actions and advise the Contractor accordingly. If the co rrective work associated with an error or omission increases or decreases the amount of work called for in the Contract, the City shall issue an appropriate Change Order. After discovery of an error or omission identified by the Contractor, any related work performed by the Contractor shall be done at its risk unless authorized by the City Engineer.

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3-7.2 Precedence of the Contract Docume nts. Delete the entire subsection and substitute the following:

If there is a conflict between any of the Contract Document s, the document highest in the order of precedence shall co ntrol. The order of precedenc e, from highest to lowest, shall be as follows:
a) Permit issued by jurisdictional regulatory agencies. b) Change Orders and Supplemental Agreements; whichever occurs last. c) Contract/Agreement.
d) Addenda.
e) Bid
f) Technical Provisions.
f) Special Provisions.
g) Plans.
h) Standard Plans.
i) Standard Specifications.
j) Reference Specifications.

Detail drawings shall take precedence over general drawings. The precedence of the notice inviting bids and instruction to bidders shall be as specified in the Special Provisions. 3-8.3 Shop Drawings and Subm ittals. Add the following:

Within fifteen (15) calendar days after issuance of Conditional NTP of the contract, the Contractor shall, at his or her expense, transmit to the Engineer for review and acceptance, all submittals, shop drawings and/or other available instructive and descriptive information from the manufacturer, when and as required by the Plans and/or Specifications, or requested by the Engineer. Shop drawings will normally not be required for standard items in common use for which adequate manufacturers' literature is available.

The Contractor shall consecutively num ber, thoroughly check, approve and sign each Shop Drawing and transmit the Shop Drawings by letter to the Engineer for review. In the event that certain Shop Drawings are unacceptable to the City, they will be rejected by the Engineer. The Contractor sha ll thereafter, correct said dr awings and resubmit same in within seven (7) calendar days.

In the event that in the process of developm ent of the Shop Drawi ngs, it is discovered that there are defects and/or errors on the Plans, resulting in conflict between said Plans and the Shop Drawings, or if t he Shop Drawings show variat ion from the Plans and/or Contract requirements because of standard shop practice or other reasons, the Contractor shall thoroughly describe and explain said defects and/or conflicts in his transmittal letter to the Engineer.

The Engineer's review of the Shop Drawings will be for general design and arrangement only, and shall not relieve the Co ntractor from responsibility fo r errors of any sort in the Shop Drawings or of the responsibility for executing the work in accordance with the DRAFT

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Contract. The Contractor shall be solely re sponsible for the correct ness of the drawings, for shop fits and field connection s, and for the results obtained by use of such drawings.

The Contractor shall verify and be fully re sponsible for all dimensions and job-site conditions affecting the work and shall be responsible for furnishing and installing the proper materials required by the Contract, whether or not indicated on the Shop Drawings when reviewed.

When submitted for the Enginee r’s review, shop drawings sh all be the Contractor’s certification that he has reviewed, checked and approved the shop drawings and that these are in conformance with the r equirements of the Contract Documents. The following Contractor’s certification shall appear on all submittals:
“It is hereby certified that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for review.” Certified by (sign): ____________________________________ Certified by (print name): _______________________________ Date: _______________________________________________
A copy of each shop drawing and each sample as reviewed by the Engineer shall be kept in good order by the Contractor at the site and shall be available to the Engineer.

The following procedures will apply to shop drawing submittals:

A. The Contractor shall submit to the Engin eer for review, eight (8) copies of all shop drawings. These drawings shall be complete, certified by the Contractor, and shall contain all required information in detail. The Contractor shall make any corrections to shop drawings required by the Engineer.

B. When reviewed by the Engineer, each copy of the drawings will be stamped signed, and dated by the Engineer.

C. Three sets of said drawings will be returned to the Contractor.

D. The review of the drawi ngs shall not be construed as a complete check, but will indicate only that the general method of construction and detailing is satisfactory.

E. Upon the Contractor’s receipt of revi ewed shop drawings, he shall furnish to the Engineer eight (8) copies of instruction and maintenance manuals and parts lists of all major equipment furnished. Data in these manuals shall cover completely all items as specified and as supplied.

F. The Contractor agrees that if deviations , discrepancies, or conflicts between shop drawings submittals and the Contract Docu ments in the form of design drawings and specifications, except as particularly noted within the submittal, are discovered DRAFT

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either prior to or after shop drawing submittals are processed by the Engineer, the design drawings and specifications shall control and shall be followed.

Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Contract plans and specifications and sha ll not be taken as the basis of claims for extra work. The Contra ctor shall have no cl aims for damages or extension of time due to any delay result ing from making requir ed revisions to shop drawings. The review of said drawings by the Engineer will apply to general design only and will in no way relieve the Contractor of responsibility for errors or omissions contained therein nor will such review o perate to waive or modify any provisions or requirements contained in these Contract Specifications or on the Contract Drawings.

Shop fabrication drawings and lay sheets are required for all steel pipelines 16 inches and greater in diameter. The drawings and lay sheets shall fully illustrate horizontal station and vertical elevation of all joints and angle poi nts, true angular deflect ion at locations of combined vertical and horizontal bends, and horizontal station for pipeline appurtenances.

Compliance certificates and weigh slips sha ll be provided for all aggregate base, asphalt concrete, Portland Cement Concrete, reinforcing steel, etc. Mix designs shall be submitted for asphalt concrete and Portland Cement Concrete mixes. 3-10 SURVEYING.
3-10.2 Permanent Survey Markers. Add this Subsection 3-10.2 and the following:

The Land Surveyors Act, Section 8771 of t he Business and Professional Code, and Sections 732.5, 1492-5, and 1810-5 of the Streets and Highways Code require that survey monuments shall be protected and perpetuated.

The Contractor shall be responsible prior to the start of construction for locating, referencing, and filing of Corner Records wit h the County Surveyor’s office for survey control points/ monuments t hat exist as shown on recorded Tract Maps, Parcel Maps, Records of Surveys and Highway Maps which are going to be affected or disturbed by the proposed construction.

After the proposed completion of the proposed construction, said monuments and/or control survey points shall be reset to the new surface in accordance with current professional land surveying practices and per City of Pomona Standard A-9-65. Corner Records shall be filed with the County Surveyor, with a copy provided to the City, for all new monuments set.
3-10.3 Line and Grade. Delete the en tire subsection and substitute the following:
“All work, including finished surfaces, s hall during its progress and upon completion conform to the lines, grades, cross-sections , elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal DRAFT

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plane. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the City’s Representative. Failure to make this report shall make the Contractor responsible for any error in the finished work. Minor deviations from approved plans, whenever required by the exigencies of construction, shall be determined in all cases by the City’s Representative and authorized in writing.” 3-10.4 Survey Service. Add this Subsection 3-10.4 and the following:

The Contractor shall pay and provide usual and customary construction staking. The Contractor shall submit to t he City for approval, the qualifications of the Licensed Land Surveyor, prior to commencing the construction staking. “All survey monuments, centerline ties and survey reference points shall be protected in place or reestablished wher e disturbed, in accordance with Section 8771 of the Professional Land Surveyor’s Act (Business & Professions Code Sect ion 8700 et seq.), prior to Project acceptance. This work will be the responsibility of the Contractor and shall be at the Contractor’s sole cost and expense.”
All construction control surveying shall be performed under the supervision of a Registered Civil Engineer or Licensed Land Surveyor at the expense of the Contractor.

Survey stakes shall be set and stationed by the Contractor’s surveyor as follows:

1. Drains 50' intervals and change of alignment or grade

2. Water 40' intervals and c hange of alignment or grade

3. Sewer 40’ intervals and change of alignment or grade

4. Structures 4 corners wit h reference elevations

5. Rough Grade As required to achieve cut or fill to finished grade (or flow line) as indicated on a grade sheet (maximum in terval of: 50' intervals, 50’ grid pattern, and change of alignment or grade)

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6. Finish Grade As required to achieve cut or fill to finished grade (or flow line) as indicated on a grade sheet (maximum interval of: 25' intervals, 25’ grid pattern, and change of alignment or grade; as well as 15’ intervals and 15’ grid pattern for intersections and curb return areas)
Offsets and locations shall be as agreed upon. The Contractor shall transfer grade hubs for construction as he may require. The Engi neer shall have the right to verify the Contractor’s survey extensions, and if found deficient, the C ontractor shall pay the costs therefore.
3-12 WORK SITE MAINTENANCE.
3-12.1 General. Add the following:

When and as often as required by the Engineer, the Contractor shall furnish and operate self-loading motor sweepers with spray nozzles, to keep paved areas affected by the work acceptably clean and dust free.

The Contractor shall remove graffiti from all work, materials, equipment, and signs within the project. Equipment, materi als, or signs containing graffiti shall not be brought to the project. Any graffiti found on work, material s, equipment, or signs shall be cleaned or removed from the project within 24 hours from its discovery. Th e cost of graffiti removal shall be borne by the Contractor, and shall be considered as being included in the various Contract items. Graffiti removal on paved su rfaces shall be by sand-blasting with use of appropriate BMP’s and clean-up included, and graffiti removal from other surfaces shall be by methods involving equivalent level of effort as approved by the Engineer. 3-12.3 Noise Control. Add the following:

The Contractor shall comply with all lo cal sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. If the Contractor is forced or allowed by the Engineer to work outside the normal work hours, the noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M. shall not exceed 86 dBA at a dist ance of fifty (50) feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

Said noise level requirements shall apply to a ll equipment on the job or related to the job, including but not limited to trucks, transmit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 3-12.4 Storage of Equipment and Materials.
3-12.4.1 General. Add the following:

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It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites must be approved in advance by the City Engineer, and must be free of objectionable material. The storage site shall be properly fenced, screened from neighboring properties and street view. The storage site has to comply with Sec 312.6, in compliance with California Storm Wa ter Best Management Practice handbook for construction activities. The Contractor must submit to the City Engineer for approval any and all agreement(s) between the Contractor and the property owner(s) of said storage site(s) and/or construction site(s) for approval prior to the start of construction. Said agreement(s) must provide for the restoration of the site(s) by the Contractor prior to the filing of "Notice of Completion" by the City Engineer.
3-12.4.2 Storage in Public Streets. Add the following:

Stockpiling or storage of materials and equipment on any public right-of-way or parking areas will not be permitted without the approval of the City Engineer. Materials spilled along or on said right-of-way or parking areas sha ll be removed completely and promptly. All stockpile and storage areas shal l be kept in a safe, neat, cl ean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work. 3-12.6.1 Water Pollution Control. Add the following:

The Contractor shall comply with the requirements of Subsection 3-12.6 of the Standard Specifications and shall conduct his operations so as to prevent Portland cement, mud, silt or other materials from entering the surface drainage structures of the adjoining street and any underground storm drainage system. Contractor shall comply with the requirements of project specific Storm Water Pollution Prevention Plan (SWPPP).

In addition to complying with all applicable federal, state and local laws and regulations, the contractor shall take note of the NPDES (National Pollution Discharge Elimination System) Requirements. The Contractor shall take all precautionary actions and implement all necessary BMPs to prevent discharges to any portion of the st orm drain conveyance system including discharge of pollutants from activities such as paving operations, concrete waste washouts, cold-milling, vehicle and equi pment fueling from entering storm drain systems. These precautionary actions are required as dictated by the Stormwater Management program in accord ance with Chapter 18 of t he Pomona City Code. Such pollutants are listed per the California Stormwater Best Management Practices handbook for Construction activities.

The following shall be implemented:

1. Handle, store, and dispose of materials properly.

2. Avoid excavation and grading ac tivities during wet weather.

3. Construct diversion dikes and drai nage swales around working sites.

4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting.

5. Develop and implement erosi on control plans (if applicable).

6. Check and repair leaking equipment away from construction sites.

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7. Designate a location away from storm drains for refueling.

8. Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to enter.

9. Use vacuum with all concrete sawing operations.

10. Never wash excess material from aggregate, concrete, or equipment onto a street.

11. Catch drips from paving equipment with drip pans or absorbent material.

12. Clean up all spills using dry methods.
3-13 COMPLETION, ACCEPTANCE, AND WARRANT Y. Delete the entire subsection and substitute the following:

The work will be inspected for acceptance by the City’s Representative upon receipt of the Contractor’s written assertion that the work has been completed. If, in the sole discretion of the City’s Representative, the work has been completed and is ready for acceptance, the City’s Representative will notify the City Cler k that the Contract has been completed in its entirety. The City’s Representative shall request that the city accept the work and that the City Clerk be authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the work.

The Contractor hereby guarantees that the entire work constructed by him under the Contract will meet fully all r equirements as to quality of wo rkmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that became evident within one (1) year after the date of the completion, and to restor e to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of t he Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City’s Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof.

The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the work by t he City. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of one hundred percent (100%) of the Cont ract. Said bond shall remain in force for a period of one (1) year after the date of Notice of Completion and acceptance.

Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1) year period.

The parties agree that no certificate given, wit h the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any DRAFT

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defective work or improper materials. Further , the certificate of final payment shall not terminate the Contractor’s obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contra ct and the adjustments and payments due for any work done in accordance with any alterations of the same, shall release the City, the City Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof.

SECTION 4 – CONTROL OF MATERIALS
4-3.2 Inspection by the Ag ency. Add the following:

In the event work is allowed by the City Engineer outside of the normal working hours, at the request of and for the benefit of the Contractor, inspection service fees will be levied against the Contractor at a rate of the city’s actual cost, in addition to travel time where applicable. The above charge ma y also be levied if inspection services are deemed necessary by the City Engineer as a matter of public safety or to otherwise insure the quality of the work.
4-4 Tests of Materials. Amend to read as follow:

Before incorporation into the Work, the Contractor shall submit sample of materials, as the Engineer may require, at no cost to the Agency. The Cont ractor, as its expense, shall deliver the materials for testing to the plac e and at the time designated by the Engineer.

Unless otherwise called for hereinafter in these Special Provisions, all testing will be performed by the City in such number and at such locations as deemed necessary by the Engineer to insure compliance with the Plans and Specifications; the cost of all initial testing will be borne by the City; the co st of all retesting will be bor ne by the Contractor, and the amount due the City for said re testing will be deducted from th e Contractor's progress payments. If the Contractor is to provide and pay for testing, it will be so specified in the Special Provisions. For Priv ate Contracts, the testing expense shall be borne by the permittee.

The Contractor shall notify the Engineer in writing, at least fifteen (15) calendar days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The Notice shall name the pr oposed supplier and source of material.

If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to us e on the Work, it will be the Contractor’s responsibility to re-notify the Engineer when sample wh ich are representative may be obtained.
4-6 Trade Names or Equals. Amend to read as follow:

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The Contractor may supply any of the materi als specified or offer an equivalent. The Engineer material offered is equivalent to t hat specified. Adequate time shall be allowed for the Engineer to make this determination.

A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any materi al, process, or equipment considered to be equivalent to the indicated. Within ten (10) working da ys from the date of bid opening, the Contractor shall, at his expense, submit a written request to the Engineer for each desired substitution, accompanied by complete descriptive informa tion from the manufacturer, samples as requested by the Engineer, complete detail ed test results from a licensed independent testing laboratory of the City's choice if requested by the Engineer, and if requested by the Engineer, an evaluation report from a qualified licensed professional engineer, all for final evaluation by the Engineer. If in the Engineer's opinion, t he requested substitution is of lesser quality or in variance with that specified, or if the information submitted is insufficient or incomplete, the requested substitution will be disallowed and the specified materials or equipment shall be furnished. Except as her eafter provided, no request for substitutions submitted, after the 10-working -day deadline specified will be considered.

The Contractor shall, at its expense, fu rnish data concerning items offered by its equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine th at the quality, strength, ph ysical, chemical, or other characteristics, including durabi lity, finish, efficiency, diminut ions, service, and suitability are such that the item will fulfill its intended function.

Test methods shall be subjec t to the approval of the Engi neer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the suitable item is equivalent. The Engineer‘s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer.

If a substitute offered by the Contractor is not found to be equal to the specified materials, the Contractor shall furnish and install the specified material.

The specified Contract completion time s hall not be affected by any circumstance developing from the provisions of this subsection.

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SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-4.2 LIABILITY INSURANCE. Delete the entire subsect ion and Refer to Public Works Contract Article 6.
5-4.3 WORKERS’ COMPENSATION INSURANCE. Delete the entire subsection and Refer to Public Works Contract Article 6.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1.3 RECORD DRAWINGS. Add the following:

At the beginning of the projec t, one blue-line print of each applicable drawing will be issued by the City to the Contractor for use in preparing record drawings.

Actual construction conditions shall be accurately and completely recorded on the blueline prints by the Contractor as the project progresses. Upon completion of the work, the Contractor shall sign the record drawings and shall submit same to the City's Inspector for checking and approval prior to the Notice of Completion is filed. 6-3 TIME OF COMPLETION.
6-3.4 Work Hours. Add the fo llowing as Subsection 6-3.4:

Work Hours. The normal work hours, outside of the traffic lane, shall be from 7:00 AM until 4:00 PM on all work days. Workdays are defined in Section 1-2 of the Standard Specifications. Work hours within traffic lanes are defined in Section 600. Work hours other than normal work hours will not be allowed without prior consent of the City Engineer, or required by the approved traffic control plan . If work is perfo rmed at night, the Contractor shall provide adequate light for proper prosecution of the work for the safety of the workmen and the public, and for proper inspection.
6-9 LIQUIDATED DAMAGES. Delete the entire subsection and substitute the following:

Failure of the Contractor to complete the Wo rk within the time allo wed will result in damages being sustained by the Agency. Such damages are, and will continue to be, impracticable and extremely difficult to deter mine. For each consecutive calendar day in excess of the time specified for completion of the Work, as adjusted in accordance with 66, the Contractor shall pay to the Agency, or have withheld from moneys due it, the sum of $1,500. Execution of the contract under these specifications shall constitute agreement by the Agency and Contractor that $1,500 per calendar day is the minimum value of the costs and actual damage caused by failure of the Cont ractor to complete the Work within the allotted time. Such sum is liquidated dam ages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

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Liquidated damages shall also apply to the following work parts:

1. Potholing, $500 per calendar day

2. Ordering/waiting for traffic signal equi pment and other long le ad items, $1,300 per calendar day
Cumulative liquidated damages for the entire project and the wo rk parts shall not exceed $3,000 per day except as noted below.

In addition to the liquidated damages specified, if the Contract or fails to complete the work within the time specified for completion , plus any authorized time extensions, the Agency shall have the right to charge to the Contract all or any part, as it may deem proper, of the actual costs of inspection, supervision and other overhead expenses that are directly chargeable to the project and that accrue after the expiration of such specified time for completion plus authorized extensions. This charge will be addition to the payment of liquidated damages.

SECTION 7 – MEASUREMENT AND PAYMENT
7-4.3. Markup. Delete the entire subsection and substitute the following:
7-4.3.1 Work by Contractor. When extra work is to be paid for on a force account basis, the labor, materials, equipment rent al and other items of expenditures, the percentage of markup applied to the Contractor's direct cost for all overhead and profit shall be as follows:
(1) Labor................... ............................. 20% (2) Materials........ .................................. 15% (3) Equipment Rental........... ................. 15%
(4) Other Items and Expendi ture........... 15%
To the sum of the costs and markups provided for in this section, 1% shall be added as compensation for bonding.
7-4.3.2 Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established above in this section shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subc ontracted portion of the extra work and a markup of 5 percent on work added in excess of $5, 000 of the subcontracted portion of the extra work may be added by the Contractor.
7-4.4 Daily Reports by Contractor. Add the following:

Material charges shall be substantiated by valid copies of vendor’s invoices. Such invoices shall be submitted with the daily extra wo rk reports, or if not available, they shall be submitted with subsequent daily extra work reports. When these daily extra work reports DRAFT

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are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed.
7-3 PAYMENT.
7-3.1 General. Add the following:

Payment for cost of work to comply with the Standard Specification for Public Works Construction and these Special Provision and the Public Works Contract shall be included in the various bid items, and no additional payment will be made.

The City may keep any monies which would otherwise be payable at any time hereunder and apply the same, or so much as may be neces sary therefore, to the payment of any expense, losses or damages, as determined by the Engineer, incurred by the City, for which the Contractor is liable under the contract.

THE CONTRACTOR SHALL PERFORM PO THOLING AND ORDER LONG LEAD ITEMS (E.G. STREET LIGHT POLES, TRAFFIC SIGNAL EQUIPMENT, ETC) PRIOR TO THE START OF ANY OTHER ITEMS OF WORK. THE AGENCY SHALL HAVE THE RIGHT TO WITHHOLD THE 1 ST INVOICE PAYMENT UNTIL THE CONTRACTOR HAS COMPLETED THE ABOVE-MENTIONED IT EMS OF WORK. THE CONTRACTOR

SHALL PROVIDE A PROCURREMENT NOTICE TO THE AGENCY THAT LONG LEAD ITEMS HAVE BEEN ORDERED FOLLOWING APPROVAL OF THE SUBMITTALS.

Whenever in the opinion of t he City Engineer the Contract or shall have completely performed the contract on his part, the City Engi neer shall notify the City that the contract has been completed in its entirety. He shall request that the City accept the work and that the City Clerk be authorized to file, on behalf of t he City, in the office of the Los Angeles County Recorder, a notice of completion of the work herein agreed to be done by the Contractor. The Contractor will then submit to the City En gineer for approval a written statement of the final quant ities of contract items for inclus ion in the final invoice. Upon receipt of such statement, the Engineer’s Representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which in the City Engineer's opinion shall be just and fair, covering the am ount and value of the total amount of work done by the Contractor, less five percent (5%) of the total work done.

On the expiration of sixty (60) calendar days after the filing of the Notice of Completion of the work, the City sha ll pay to the Contractor the amount remaining after deducting from the amount or value stated in the invoice all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract.

Contractor shall provide an invoice by July 20 th of each year to the City of Pomona for work completed prior to and through June 30 th of each year and said invoice shall not include any work completed after June 30th of same year.

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7-3.2 Partial and Final Payment. Add the following:

The amount of liquidated damages will be deducted from earned progress payments due the Contractor.

Add the following as Subsection 7-3.2.1:

Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Contract, Contractor shall submit to the Contract Officer a complete itemized payment request for all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto.

Upon receipt of a properly presented pay ment request, the Contract Officer shall process the payment request in accordance with Public Contracts Code Section 20104.50. The Contract Officer shall review the payment request as soon as possible. If the Contract Officer rejects the payment request, it shall be returned to the Contractor within seven days of its receipt by the City with an explanation for the reasons of its re jection. If the payment request is approved in writing by the Contract Officer, payment shall be made within thirty (30) days of receipt of an undisputed and properly presented payment request. Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security.

Add the following as Subsection 7-3.2.2:

Retention of Funds. Pr ogress payments shall be made in accordance with the provisions of Section 3.2 of the Contract documents. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incor porated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor, sixty (60) calendar days after recordation of final Notice of Completion with County of Los Angeles, after Contractor shall have furnished City with a re lease of all undisputed contra ct amounts, if required by City. In the event there are any claims specifically exclud ed 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 di spute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder.

Add the following as Subsection 7-3.2.3:

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performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.

Add the following as Subsection 7-3.3:

Delivered Materials. Unless included in the Bid Schedule, or unless otherwise called for in Technical Provisions, no payment will be made for materials or equipment delivered but not yet incorporated in the work.

SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
Facilities for Agency Personnel will not be required on this project unless specified otherwise in technical Provisions.

SECTION 402 – UTILITIES
402-1.1 LOCATION. Amend to read as follow:

Attention is directed to the possible existence of underground facilities not known to the owner or in a location different from that which maybe indica ted on the plans or in these Special Provisions and/or Technical Provisions.

The Contractor shall take steps to ascertain the exact location of all underground utility facilities prior to doing work that may damage such facilities or interfere with their service.

Contractor shall call Underground Service Alert, [USA] 1-800-422-4133 to verify locations.

Contractor shall locate all ex isting utilities, including storm and sewer laterals, within the project vicinity and shall exercise due care to ensure that existing utility facilities are not damaged during his operations. The existence of sewer mains or storm drains are evidenced by the manhole structures and catch basins. When in doubt, the Contractor shall contact the utility operator concerned before proceeding further.

The contractor shall determine the location and depth of all utilities by exploratory excavations, including service connections, which have been marked by the respective utility owners and which may affect or be affect ed by the Contractor’s operations at least 10 working days prior to the st art of any mainline or latera l trench construction. Full compensation for such work shall be considered as included in the prices bid for other items of work.

The sewer service laterals are owned by the property owners and will not be marked by the City. Sewer system atlas sheet is available upon request at the City Hall for contractor’s reference. However, the City shall not guarantee the accuracy of the information. It shall be the Contractor’s responsibility to locate and pothole all laterals. The Contractor at its expense shall repair sewer laterals that are damaged as the result of contractor’s activities.

Where underground main distributi on conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Pursuant to Section 4216 of the Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern Califor nia) and obtain an inquiry identification number.

Caltrans is not required be Section 4216 to become a member of the regional notification center. The Contractor shall contact Caltrans for the location of its subsurface installations.

The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the re spective owners and which may affect or be affected by its operations . Unless otherwise specified in the Special Provisions, payment shall be considered as included in the prices in the Bid for other items of work.

SECTION 600 – ACCESS
600-1 Traffic and Access. Add the following:

Traffic and access, including but not limited to vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures, shall be in accordance with Section 600, of the latest edition of the Standard Specifications for Public Works Construction, including all its subsequent amendments; the latest edition of the CAMUTCD (California Manual of Uniform Traffic Control Devices) with State of California Modifications and the following Specia l Provisions. In the event of conflict, the Special Provisions shall take precedence over the CAMUTCD and the Standard Specifications, and the CAMUTCD shall take precedence over the Standard Specifications.

No lane closure will be allowed prior to 8:30 AM or after 3:30 PM within half-mile from any school or on major streets in th e direction of peak traffic flow, unless otherwise provided in a City approved Traffic Control Plan.

No lane closure will be allowed prior to 8:00 AM on all other city streets.

Contractor shall review and coordinate with City Staff regarding City’s Community Events List under Appendix L and that the events shall be anticipated similar to past years.

The Contractor shall provi de and maintain two portable programmable signboards for each street under construction and on all major arterial streets. The signboards shall be installed one week prior to begin construction. The text shall be approved by the City. The cost shall be included in the various bid items.

Convenient and safe pedestri an access to occupied residential and business property shall be maintained at all times. Access to mailboxes must be maintained at all times such that the postal delivery service is not- in terrupted. Trash pick-up service shall not be interrupted. Access to vacant and unused property may be restricted when approved by the DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Engineer. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the City's Engineer.

Add the following as Section 600-4:

NOTIFICATION. The Contractor shall give written and reasonable notice (in English and in Spanish) to occupants or owners of property adjacent to the construction site at least (5) working days prior to the beginning of' c onstruction in their respective areas. The notification shall include the date and time of street closures, parking and traffic access information and requirements, and precautionar y information regarding the work to be done. A copy of all notifications shall be submitted to the City Engineer for approval.

Add the following as Section 600-5:

ACCESS TO DRIVEWAYS. The Contractor shall notify in writing residents of property adjoining the location of the work at leas t forty-eight (48) hour s before the start of construction on that street. The Contractor is responsible for posting "temporary noparking" signs at least forty-eight (48) hours before using the parking lane for construction purposes.

The Contractor shall be responsible for furn ishing, posting, and removing temporary “No Parking” and “No Driving” signs (as applicable) along project streets. Signs shall be posted on each side of the street wit h a maximum of 200 feet between signs. Signs may be attached to existing poles, street lights standards or whatever is existing in the public right- of-way. When necessary, the Contractor shall furnish posts.

Pursuant to City requirements, “Temporary No Parking” signs must be posted and verified by the Pomona Police Department 24 hours prior to beginning of construction.

In the case of work requiring excavation of the roadway which may interfere with the use by residents or businesses of their driveways, suitable provisions shall be made by the Contractor at such time as the exigencies of construction may demand a temporary blocking of said driveways. Efforts shall be made by the Contractor to minimize the duration of said blocking and to notify the residents of this need well in advance. Further, the Contractor shall provide access to eac h residential or commercial establishment each evening.

The contractor shall keep t he access open to the LA County Fire Department and Pomona Police Department at all times and Coordinate his construction efforts with these departments and the City of Pomona.

Add the following to Section 601-1:

Street Closures, Detours, Barricades. No closure of any street shall be allowed unless prior written permission is obtained from the City Engineer and approval of traffic control and detour plan. If permission to close a street is granted, t hen the Contractor is required to notify in writing at least five (5) working days in advance of street closures, all directly affected properties, all emergency se rvices, and school bus services shall be notified by the contractor in writing of the locations, time, and date of the closures. In case DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

of schedule changes, the emergency services, etc., shall be notified by telephone at least two (2) working days in advance of the street closure.

Add the following to Section 601-2.1
TRAFFIC CONTROL PLANS: The Contractor shall submit legible, detailed Traffic Control Plans (TCP’s) on 24” x 36” reproducible plan sheets which shall clearly show and/or describe all proposed lights, warning signs, barricades, delineators, temporary lane markings, temporary traffic signals or signs, and any and all other facilities proposed to be installed. Said TCP’s shall be prepared and stamped/sealed, signed, and dated by a State of California Registered Civil or Traffic Engineer and shall show all lane closures, ramp closures, restrictions, tapers, and other di sruptions of normal traffic flow, including pedestrian and vehicular detours. A schedule and/or sequencing diagram shall be included. Said TCP’s may be professionally in AutoCAD v. 14 or similar acceptable format. Said TCP’s shall be su bmitted to the Engineer and Caltrans for approval within fifteen (15) calendar days after issuance of Conditional NTP. It shall be the Contractor’s responsibility to immediately revise said Plan at the direction of the Engineer, and the Contractor hereby agrees that such shall be strictly adhered to, and the Contractor hereby understands and agrees that its failure to provide any facility or device as shown on the TCP, or its deviation from said Plan, shall constitute a breach of contract.

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

PART4

23. Technical Provisions
MOBILIZATION – BID ITEMS # A-1, AA8-1:

A. GENERAL
Mobilization shall consist of all conditional notice to proceed work, securing all permits/approvals and licenses, paying all fees, preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for the work on this project; and for all other work and operations which must be performed or cost incurred witho ut other pay items on the va rious contract items on the project site. The following items of work shall be included in t he lump sum bid for Mobilization, and no additional compensation will be allowed:

1. Mobilization.

2. Project Coordination

3. Notifications and Public Outreach

4. Project Signs
Re-mobilizations from street to street and as needed in all other circumstances by the Contractor’s operations, work sequenci ng, revised work sequencing, scheduling, revised schedules and for all work shall be included in various other pay items. No separate payment or change order s will be allowed for any re-mobilizations related to additive alternate work which shall be included in the additive alternate work pay items.

Mobilization shall be paid 1/3 at start of construction, 1/3 at 50% completion of the work and 1/3 at 100% completion of the work. Mobilization shall also include all other costs required by the contract.

However, mobilization costs in excess of the bid amount which shall be distributed and included with the other pay items.

B. PROJECT COORDINATION
The Contractor shall be required to initia te and maintain project coordination with affected stakeholders, residents, schools, police & fire departm ents, solid waste collection department, utility agencies, transportation agencies and businesses throughout the course of this project.

The Contractor shall facilitate and coor dinate with all transit agencies regarding affected transit routes a minimum of 4 weeks in advance of any impact to the route to minimize and eliminate adverse effects (especially closed or relocated bus stops and access DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

to transit centers) on transit operations and transit users/customers, bus routes, bus stops, and transit centers. Known transportation agencies within the project limits are:
 Foothill Transit,
 Metro,
 Caltrans,
 Omni Trans and
 Pomona Transportation Authority
The contractor shall coordinate with each agency to determine necessary accommodations for the bus stops during the course of the project. Coordination may involve field meetings to discuss the safe passage of pedestrians, the limits where work zone will be, relocation of existing bus stop sign, bus bench, and appurtenances, and recommend phasing of work in a sequence to c ause as little impact and/ or the closure of the bus stops.

Attention to business coordination shall also be included under the contractor’s responsibilities.

As part of the contractor’s project coordination efforts, a minimum of two (2) project specific notices shall be prepared and distri buted to all residences and businesses within the project limits, whose properties lie on dead end/cul-de-sac streets that intersect with one of the project segments. Separate notices shall be prepared for each roadway segment. The minimum required notices are:
 Project Information Notice (to be distributed one week (7 calendar days) prior to the start of construction) which includes:
o General project limits (street specific) & scope of work o Construction timeframe & duration
o Contractor contact name and num ber for access needs and project questions
o All notices shall be in English and Spanish
 Grinding and Paving, & Sl urry/Cape Seal Notice (to be distributed 5 working days prior to start of grinding/paving operations) which includes:
o Description of type of work
o Specific Dates of Impacts
o Parking limitations
o Special Instructions (Trash, Access, Etc.)
o Contractor contact name and number for access needs and questions.

Contractor shall review and coordinate wit h City Staff regarding City’s Community Events List under Appendix L and that the events shall be anticipated similar to past years.

Contractor shall coordinate with City PW inspectors, Solid Waste disposal and recycling operations personnel, and residents/businesses/etc. to ensure collection and DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

containers are managed and handled with advance c oordination, and advance notices to residents/businesses/etc. to prevent and avoid disruptions to service.

Contractor shall coordinate in advance with City PW in spectors and Geotechnical Consultant personnel to facilit ate and coordinate testing needed for the work in a manner that prevents and avoids delays to the schedule for the work.

All streets are to remain open for a minimum of two (2) thru-lanes of vehicular traffic (one in each direction) for the duration of the work.

Contractor is advised that City Crews and other Contract ors will be working on the same streets in this project and other streets in the City and this Contractor shall coordinate the work in this project with the work of other entities.

Contractor shall pothole proposed tree lo cations, existing pavement, existing and proposed utilities, foundations, and proposed underground work locations, sufficiently in advance of all respective work to identify and resolve any conflicts prior to construction and in time to avoid any delays to the work sc hedule. Potholing pavement in advance of the construction work to determine and verify pavem ent types, the presence of paving fabrics, pavement section thicknesses, and type of base is the Contractor’s responsibility as part of potholing and submittals requi red for this project. Potholing operation shall occur between the hours of 9:00 A.M. to 1:00 P.M. Repairs at all potholed locations shall be full depth hot mix asphalt per City of Pomona Standard Drawing A-26-02.

Contractor shall sequence his operations and schedule so that delays do not occur due to time needed for material and equipment delivery.

Contractor shall attend weekly progress meetings at Pomona City Hall, 505 S. Garey Avenue, Pomona, CA 91724, from the week of the conditional notice to proceed through the week of the notice of completion. At the weekly progress meetings, Contractor shall provide in a format acceptable to City Engineer: updated project schedules, work locations map for current and following 2 weeks. Contractor sha ll participate in the planning and forecasting of work to avoid delays and disruptions, and shall communicate with the City to anticipate resolution of foreseeable issues before they happen and to expedite resolution (time is of the essence) of issues that have already occurred. The Contractor shall attend the weekly progress meetings and shall:
o coordinate to have superintendent/foreman in attendance at all weekly progress meetings,
o be prepared to discuss all as pects of the project,
o require necessary subcontractors to also attend and perform, o provide updated complete project CMP schedule,
o provide updated detailed 2 w eek look-ahead schedule, and o updated overall project schedule
DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Contractor shall distribute notices accept able to City to residents, businesses, and properties along all streets involved in the work for construction, no parking, and closures at periods of one week and again two working days prior to the related operations.

Contractor shall provide as part of required submittals : hard copy and soft/digital (Excel spreadsheet) versions of a schedule of va lues for all work involved with the project identifying breakdown of resources, time, material, equipment, overhead, supplier and sub- contractor costs, and all other costs included in all unit prices of the contract work.

The cost for project coordination and notification shall be included in various work items and no additional compensation will be allowed therefore.

C. CITY OF POMONA COORDINATION
The Contractor shall be responsible for coordinating with the City of Pomona to obtain the necessary encroachment permits and approval s for the work which will affect traffic signal and vehicular operations. All permitting, coordination, and other hours required to obtain approval and maintain correspondence with the City of Pomona shall be included in this bid item.

D. CONDITIONAL NOTICE TO PROCEED
Prior to the issuance of the Notice to Proceed, the City will issue a Conditional Notice to Proceed for the items listed in the general provisions of these specification. Upon issuance of the Conditional Noti ce to Proceed, the Contractor shall also be allowed to pothole existing facilities to verify pavement depths and take the necessary pavement cores for the cement stabilized pulverized base (CSPB). Working days will not be charged to the contract during this period until the issuance of the full Notice to Proceed and agreement of the construction start date.

E. NOTIFICATION AND PUBLIC OUTREACH
The contractor shall keep the access open to all Pomona Unified Schools and including all other Business offices along project limits, the LA County Fire Department and Pomona Police Department at all times and coordinate his construction efforts with these entities and the City of Pomona.

A notice shall be prepared summar izing extraordinary impacts to specific residences and those stakeholders mentioned as required by the City Engineer. Full compensation for complying with the work contained in this section shall be included in this bid item and no additional compensation will be allowed therefore.

F. PROJECT SIGNS
The Contractor shall provide and install project information signs. Two signs shall be installed on each street (Valley Blvd, Orange Grove Avenue, McKinley Avenue, Park Avenue, San Antonio Avenue, and Humane Way) for the duration of work on the individual street. The signs shall be mounted onto a 4’X8’ plywood board, and supported by wood DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

posts with bracing and skids as directed. The finish and lettering of the sign shall be as directed by the City.

The Contractor shall erect the sign using 4i n.x4in. spf lumber posts and skids and the attached City specifications install at locations designated by the Engineer. The erection of the signs shall be designed to be stable when subjected to high wind gusts. The Contractor shall maintain the sign for gra ffiti and shall provide a new sign if the graffiti or other event which damages the sign cannot be repaired. The Contractor may apply an anti-graffiti coating or cover the sign with clear Plexiglas as an alternativ e. The conditions for sign maintenance would remain the same; resu lting in sign-replacement or Plexiglas replacement. At the end of construction, the Contractor shall be responsible for removal and return to the City.

The signs shall incorporate the required information as shown in the attached plan provided by the City (Appendix B). The Contractor shall submit a draft copy of the Project Sign and Grant Sign to the Engineer for approval before fabrication.

Full compensation for complying with the work contained in this section shall be included in this bid item and no additional compensation will be allowed therefore.

G. MEASUREMENT & PAYMENT
Measurement & Payment for Mobilization shall be 1/3 at start of construction, 1/3 at 50% completion of the work and 1/3 at 100% completion of the work and in Section 9-3.4 of the standard specifications, including but not limited to all activities, equipment, supplies, materials, transportation, facilities, and cleanup, and the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for the wo rk on this project; and for all other work and operations of the Contractor's forces which must be performed or cost incurred, without other pay items on the various contract items on the project site under the Contract. Payment shall be made as the work proceeds and shall constitute full compensation for the completion of the work.

CLEARING AND GRUBBING – BID ITEM # A-2, AA8-2:

This Bid Item shall include the work in accordance with Section 300-1, “Clearing and Grubbing” of the Standard Specifications.

Measurement & Payment for Clearing and Grubbing shall be on a lump sum (LS) basis for all work involved and shall incl ude furnishing all labor, equipment, tools and materials necessary, and as directed by the E ngineer. No further compensation will be allowed therefor.

CONSTRUCTION SURVEY AND MONUMENT PRESERVATION – BID ITEM # A-3, AA8- 3:

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Prior to any construction activities, a ll monuments, centerline ties, and any other survey markers within the project limits shall be located and recorded by a State of California Licensed Land Surveyor. No work with be aut horized until the Contra ctor submits the required documentation to t he City. Upon completion of construction, conflicting monuments, centerline ties, and other survey ma rkers obliterated during construction shall be replaced in-kind per Section 309 of the SSPWC and per the California Professional Land Surveyor’s Act, latest edition. Corner records for all applicable intersections shall be filed with the County of Los Angeles prior to and a fter construction activities with copies of recordings provided to the City. All work involved shall conform to the California Professional Land Surveyor’s Act, latest edition.

Construction Survey included qualified personnel, equipment, and supplies required for, but not limited to proj ect control, grading, paving and additi onal items included in the contract documents.

Monuments on Orange Grove Av enue, Park Avenue, and San Antonio Avenue shall be protected in place.

Measurement & Payment for Construction Survey and Monument Preservation shall be on a lump sum (LS) basis for all work involved with impacted monuments, centerline ties and survey markers due to all construction activity and shall include furnishing all materials, labor, and equipment necessary to perform all operations involved with resetting obliterated monuments, centerline ties, and other survey mark ers. Work shall also include all work involved with filing corner records prior to and after construction in conformance with the California Professiona l Land Surveyor’s Act, latest edition and County of Los Angeles requirements, and providing documentation of same to the City.

COMPACTION TESTING – BID ITEM # A-4, AA8-4:

The Contractor shall be responsible for obtaini ng services of all required compaction tests performed as specified by these construc tion standards and/or the project contract documents. If these tests prov e that the backfill is not of sufficient compaction, then the Contractor will be required to remove and recompact the backfill per the Greenbook Specifications. All tests results and stamped geotechnical reports shall be presented to the City for project records.

Testing shall be per the following table:

Material Quality
Characteristic
Test
Method
Testing Frequency Location
Subgrade Maximum
Density and
Relative
Compaction
CT 216/
CT 231
1 Min. Test per 5000 SF
under traveled way and
shoulder. 1 Min. Test
per 300 LF under
sidewalk
Random locations
as determined by
the Engineer in
place after
compaction.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Material Quality
Characteristic
Test
Method
Testing Frequency Location
Aggregate
Bases and
Subbases,
Imported
Borrow
Maximum
Density and
Relative
Compaction
CT 216/
CT 231
1 Min. Test per 5000 SF Random locations
as determined by
the Engineer in
place after
compaction.

Trench
Backfill
Maximum
Density and
Relative
Compaction
CT 216/
CT 231
1 Min. Test per 2 vertical
lifts every 100 LF along
trench alignment
Random locations
as determined by
the Engineer in
place after
compaction.

Structure
Backfill,
Select
Backfill
Maximum
Density and
Relative
Compaction
CT 216/
CT 231
1 Min. Test per 2 vertical
lifts
Random locations
as determined by
the Engineer in
place after
compaction.

Asphalt
Concrete
In-Place
Density and
Relative
Compaction
(Nuclear)
Nuclear
CT 375
ASTM
D2950
1 per 1000 Tons or Part
Thereof; Minimum 1 per
day during production/
placement of at least
300 tons per day
Random Locations
per CT 375

Measurement & Payment for Compaction Testing shall be on a lump sum (LS) basis as a percentage of the compaction testing completed and shall include furnishing all labor, equipment, tools and materials necessary, and as directed by the Engineer. No further compensation will be allowed therefor.

NPDES/WATER POLLUTION CONTROL/SWPPP – BID ITEMS # A-5, AA8-5:

The Contractor shall conform to the requirements of th e National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities, NPDES General Permit No.CAS000002 (Order No. 2022-0057-DWQ), and the Waste Discharge Requirements for the County of Los Angeles and the Regional Water Quality Control Board for the Los A ngeles Region. The Contactor shall confirm that all of the Best Management Practices (BMP's) have been adequately detailed and addresses his or her anticipated construction operations and meets the intent of the NPDES requirements.

The Contractor shall utilize Best Management Practices (B MP's) during construction to ensure that sediment from storm runoff and construction acti vities does not enter storm drains. Some of the pr imary Water Pollution Control measur es anticipated for this project include, but are not limited to, covering all storm drains inlets in the project vicinity with water permeable fabric and gravel bags prior to per forming any AC grinding, removal or paving operations; properly fueling and cleaning all equipment/vehicles; maintaining an ample supply of gravel/sand bags on-hand when excavati ng new PCC sidewalk/ramp/curb/gutter improvements in the event of rain; properly containing all PCC treatment materials such as the DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

coloring agents, exposed aggre gate etching chemicals and su rface treatment chemicals required to install the detectable warning mats; properly covering all incoming material trucks and all out going debris hauling vehicles; providing restroom facilities for workers; posting the site-specific WDID number in a location view able to the public, and r egular street sweeping of the work area and haul routes to the satisfaction of the City of Pomona. The requirements of all of the following agencie s shall be met and maintained and where there is a conflict between requirements, the most stringent requirement shall govern.

1. Regional Water Quality Control Board Los Angeles Region

2. County of Los Angeles

3. City of Pomona & NPDES General Pe rmit Requirements (No. CAS000002 and Order No. 2022-0057-DWQ) including BMP's

The Contractor shall prepare a Storm Wate r Pollution Prevention Plan (SWPPP) and shall be implemented by the Contractor. The Contractor shall apply for a permit and submit a Notice of Intent (NOI), Notice of Termination (NOT), any compliance and monitoring data, and annual reports when required using the Stormwater Multiple Application and Report Tracking System (SMARTS).

The SWPPP shall remain on the construction site while the site is under construction, during working hours, commencing with the initial construction activity, and ending with Notice of Termination. The Contractor shall submit for City acc eptance, a SWPPP addressing the Contractor’s plan for managing run-on and runoff during all p hases of construction. The SWPPP shall contain describe installation, operation, inspection, maintenance, and monitoring activities that will be implemented for compliance with t he requirements listed above, and must also address any wastewater or storm water runoff from the project site including, but not limited to the following:

1. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins.

2. Checking construction vehicles for leaking fluids.

3. Providing a controlled area for cleaning or rinse-down activities.

4. Monitoring construction and demolition activities.

5. Minimizing usage of water when saw-cutting and vacuum the residue.

6. Providing measures to capture or vacuum-up wa ter contaminated with construction debris.

7. Removing any construction related debris on a daily basis.

8. Protecting work areas from erosion.

9. Monitoring and controlling of any dewatering discharges.

The Contractor’s SWPPP preparer shall be a certified QSD in good standing and shall have been trained to prepare SWPPPs and shall have previous experience with preparing SWPPPs on a previous project similar in scope and magnitude.

The Contractor shall designate a Qualified SWPPP Practitioner, hereafter referred to in this section as the “QSP,” that shall have been trained to implement the SWPPP.

Contractor's QSP shall:

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

1. Fulfill all the responsibilities of th e QSP as outlined in the 2022 CGP. The QSP shall not delegate the conduct of inspections as required by the 2022 CGP.

2. Be responsible for all water pollution control work.

3. Be the Engineer's primary contact for all water pollution control work.

4. Have the authority to m obilize resources (crews, supplies, equipment, etc.) to make immediate repairs of water pollution control measures or to supplement water pollution control measures to maintain compliance with all federal, state, and local laws, ordinances, and regulations related to the protection of water quality, including the Municipal Permit.

5. Be responsible for inspecting water po llution control practices identified in the SWPPP.

6. Be responsible for the inspections and r eports for all monitoring required in the 2022 CGP.

7. Be responsible for sampling and analysis, as required by the 2022 CGP.

8. Be responsible for the preparation and submittal of all SWPPP documentation, including inspection reports, weather monitoring reports, NAL exceedance reports, SWPPP Annual Reports, Notice of Termination, and other information as required by the 2022 CGP.

9. Coordinate with Contractor’s QSD as needed to comply with requirements of the 2022 CGP.

The SWPPP will be approved by the Engineer prior to any work. The City of Pomona will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP implementation and monitoring plans will result in immediate cleanup by City and back-charging the Contractor for all costs plus 15 percent.

If, during construction operations, field cond itions change in a m anner which, in the opinion of the Engineer, significantly deviate s from how the SWPPP, as approved by the Agency, addressed the current construction operation, the Engineer may direct the Contractor to revise the current construction operation and/or the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Engineer and/or until the Contractor submits a revised SWPPP and receives Agency approval. The Engineer will notify the Cont ractor of the acceptance or rejection of the revised SWPPP within seven (7) working days from the date of submittal.

Measurement & Payment for SWPPP, including Quality Assurance Plan Compliance shall be 1/3 at start of constr uction, 1/3 at 50% completion of the work and 1/3 at 100% completion of the work and in Section 9-3.4 of the standard specifications, including but not limited to all activities, equipment, supplies, mate rials, transportation, facilities, and cleanup, and the movement of personnel, equi pment, supplies, and incidentals to the project site; for the establishment of all offices, buildings and other facilities nec essary for the work on this project; and for all other work and operations of the Contractor's forces which must be performed or cost incurred, wit hout other pay items on the various contract items on the project site under the Contract , including the preparation, implementation and maintenance of BMP’s on the construction site, all fees in preparation of the SWPPP and filing for the NOI, DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

NOT, sampling, analysis and reporting all NPDES related work and activities. Payment shall be made as the work proceeds and shall constitu te full compensation for the completion of the work.

TRAFFIC CONTROL and ELECTRONIC SIGNS – BID ITEMS # A-6, AA8-6:

A. GENERAL REQUIREMENTS:

It shall be the Contractor's responsibility to furnish detailed Traffic Detour and Control Plans for CITY approval. Traffic Detour and Control plans shall be prepared by a California registered Civil or Traffic E ngineer and submitted for plan checking prior to the start of construction. Individual detours are required for work at each roundabout intersection; although, detour durations shall be minimized, and intersections shall be re-opened when work is not continuous for more than 9 consecutive working days. When roundabout work is started at a particular intersection the Contractor shall work continuously on said intersection (except for rain days, weekends and holidays), with ‘time of the essence’, to complete the roundabout intersection work in the minimal time possible and fully reopen the intersection with all said intersection related work also completed.

Said plan shall identify construction phasing, which shall not disrupt existing traffic circulation patterns. Delineati on shall be in accordance with the latest version of the California Manual on Uniform Traffic Control Devices as approved by the City Traffic Engineer. No street closures shall be proposed or made withou t the prior approval of the ENGINEER and other agencies involved.

All work shall conform to the SSPWC and t he "California Manual on Uniform Traffic Control Devices" (CA-MUTCD). Unless otherwise specified, this item shall include full compensation for street closures, detours, grading, restoration, signs, flagmen, barricades, flashers, temporary striping, removal and repl acement of miscellaneous signs, fences and all appurtenances related to providing traffic control for the project.

No street or access closur e to through traffic will be allowed to be proposed or implemented without the approval of the ENGINEER.

Electronic message signs (EMS) shall be provided on each roadway segment per section 7-10.1. A minimum of three EMS shall be in place one week prior to any roadway operation that will have impact on t he street. EMS shall remain in place until the work is completed on the roadway segment . It shall be the contractor’s responsibility to maintain, update and move the EMS as required and directed by the City.

The Contractor shall provide advance el ectronic message sign s (EMS) for road closures requiring detours and for lane closures at appropriate locations prior to entering the detour or lane closure area in each affected di rection. These signs are in addition to the advance notification EMSs discussed in the supplemental provision (Section 7-10.1).

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Traffic control also includes all additional materials, equipment and labor to construct driveways one-half (1/2) at a time.

Steel plate covers shall be installed over all open trenches at the close of construction each day so that a minimum of one (1) travel lane in each direction can be maintained during non-construction hours. Recess (flush) installation of steel plates is required on all asphalt streets and ramping (1v:24h) with asphalt is required on all concrete streets. “No Parking” signs must be posted a minimum of 48 hours in advance, but not more than 72 hours prior to the period needing enforc ement. Tow-away, No Parking signs must include:

BY ORDER OF THE POLICE DEPT, C.V.C. 22651 (L) / 22658 (A) All necessary temporary striping is included as part of the traffic control bid item.

B. PHASING RE QUIREMENTS:

General Traffic Control/Phasing Requirements:

A minimum of one (1) travel lane of eleven (11) feet (minimum) in each direction shall be maintained on all paved streets within the c onstruction zone at all times wherever possible. If one travel lane in each directi on is not possible during construction, the Contractor shall follow the requirements stated in Section 7-10.1 which require flaggers and pilot cars for lane closures. Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. Access shall be provided to all in tersecting local streets and driveways at all times. Utility adjustment and striping will be permitted during daylight hours. The Contractor shall submit a plan detailing t he delineation and protective m easures to be undertaken for CITY and other agencies' approval. School vicinity is define d as project limit within three (3) signalized intersection of a school site.

Work on this project shall be constructed during school summer sessions of 2024 and 2025: Summer 2024 (June 3rd – August 16th) and Summer 2025 (June 2nd – August 15th); however, the following project limits and scopes are allowed to be constructed year-round:
 La Verne Avenue – Garey Avenue to Towne Avenue
 Humane Way – Valley Boulevard to Mission Boulevard
 9th Street – 71 Freeway ROW to Buena Vista Avenue
 Phillips Boulevard – Hamilton Boulevard to Park Avenue  Dudley Street and Orange Grove Avenue Intersection
 9th Street and Park Avenue Intersection
 Franklin Avenue and Reservoir Street Intersection
 Potholing and potholing repairs
 Ordering of long lead-time items
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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Contractor will not be allo wed to work outside of the specified timeframe and limits without City’s prior approval. Contractor will be allowed to work on Saturdays during these Summer timeframe as a workday.

Phasing Requirements:

The Contractor will not be allowed to excavate and leave open any parkway or roadway improvements over any weekend or holiday. The Contractor shall schedule and phase the work accordingly to ensure that all initiated work is completed before the start of any weekend or holiday.

C. NOTIFICATION AND PUBLIC OUTREACH
The contractor shall keep the access open to all Pomona Unified Schools and including all other Business offices along project limits, the LA County Fire Department and Pomona Police Department at all times and coordinate his construction efforts with these entities and the City of Pomona.

A notice shall be prepared summar izing extraordinary impacts to specific residences and those stakeholders mentioned as required by the City Engineer. Full compensation for complying with the work contained in this section shall be includ ed in this bid item and no additional compensation will be allowed therefore.

The contractor’s schedule shall be prepared so that start and completion of pavement work occurs while adjacent schools at im pacted blocks are in summer recess or outside of normal working hours to allow full access. Contractor shall submit phasing schedule prior to said improvements for City’s review.

D. MEASUREMENT & PAYMENT
Measurement & Payment for Traffic Control shall be on a lump sum (LS) basis and shall include compensation for all traffic control ac tivities including but not limited to labor, materials, tools, equipment fo r temporary Asphalt Concrete, Co ld and Hot Mix installation as well as the removal for all work involved in Traffic Control as specified, including preparation of Traffic Contro l Plans and obtaining CITY and other agencies plan review, approval and permits, install and maintain temporary construction signs, delineators, cones, flashing arrow signs, portable changeable mess age signs, street closures, detours, temporary striping, barricades, temporary traffic signals, steel plates, one-half width at a time driveway construction, and other safety devices, as required for public safety in Section 7-10 “Public Convenience and Safety" of the Standard Specifications for Public Works Construction (SSPWC) and the Special Provisions or as directed by the Engineer. No separate payment will be made for traffic control, and no further compensation will be allowed therefore.

PUNCH LIST – BID ITEMS # A-7, AA8-7:

Punch List shall consist of all labor, equi pment and materials required to prepare, complete and restore all punch list items to the City’s satisfaction. No partial payment will DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

be allowed until all punch list items, restoration, clan up, demobilization, as-builts, operation and maintenance manuals/documents, and preva iling wage submittals are completed and provided to the City and accepted by the City Engineer. Costs not included in this bid item shall be included in various bid items of work.

Measurement & Payment for Punch List shall be on a lump sum (LS) basis as defined in Section 9-3.4, incl uding but not limited to all activities, equipment, supplies, materials, transportation, facilities, and cleanup, associated with the completion of all punch list items, as-builts, O&M Man uals, submittal of all required prevailing wage forms and all other required items. No further compensation will be allowed separately from bid items.

UNCLASSIFIED EXCAVATION AND EMBANKMENT – BID ITEMS # A-8, AA8-8:

The work included in this item shall cons ist of all the work described in Subsection 300-2, “Unclassified Excavation” and Subsection 300-4, “Unclassified Fill” of the Standard Specifications.

Unclassified Excavation and Embankment shall consist of all excavation and embankment, including roadways and shoulders, unless separately designated. Fill shall be placed to the top of curbs and graded to provide positive drainage within the right of way and at the right of way line.

Measurement & Payment for Unclassified Excavation and Embankment shall be on a lump sum (LS) basis under the respective bid it em unless identified by another bid item within these specificati ons and shall be considered as full compensation for doing all the work involved in the advance of construction operation not directly attributable to any specific bid item, and no additional compensation will be allowed therefore.

REMOVE SIDEWALK AND RAMP – BID ITEMS # A-9, AA7-1, AA8-9:

REMOVE CURB – BID ITEM # A-10:

REMOVE CURB AND GUTTER – BID ITEMS # A-11, AA7-2, AA8-10:

REMOVE CONCRETE PAVEMENT – BID ITEM # A-12:

REMOVE CONCRETE PAVEMENT OR CONCRETE GUTTER OVERLAID WITH AC – BID ITEM # A-13:

REMOVE CONCRETE DRIVEWAY – BID ITEMS # A-14, AA8-11:

REMOVE CROSS GUTTER – BID ITEMS # A-15, AA7-4, AA8-12:

GRIND SIDEWALK, 4.5% MAXIMUM SLOPE – BID ITEMS # AA2-2

Section 401, “Removal” of the Standard Specifications is supplemented by the following.

Sawcut, excavation, removals, haul away, and f ill necessary for these bid items shall be included and no additional compensation will be made thereof. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. Removal of the existing PCC DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

shall not cause excessive noise or vibration. The use of a drop hammer or other device to crack or crush the PCC will not be allowed.

Measurement & Payment for Remove Sidewalk and Ramp; Remove PCC Pavement; Remove Concrete Pavement or Concrete Gutter Overlaid with AC; Remove Concrete Driveway; and Remove Cross Gutter shall be on a Square Foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary for the item of work including sawcut, removal, haul-away, and disposal of existing PCC improvements and materials, including coordinating with the City Inspector to verify locations and limits.

Measurement & Payment for Remove Curb; Grind Sidewalk, 4.5% Maximum Slope; and Remove Curb and Gutter and Gutter shall be on a Linear Foot (LF) basis and shall include furnishing all labor, equipment, tools and materials necessary for the item of work including sawcut, removal, haul-away, and disposal of existing PCC improvements and materials, including coordinating with the City Inspector to verify locations and limits.

REMOVE 30”x30” CATCH BASIN – BID ITEM # A-16:

Section 401, “Removal” of the Standard Specifications is supplemented by the following.

Sawcut, excavation, removals, haul away, and f ill necessary for these bid items shall be included and no additional compensation will be made thereof. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. Removal of the existing PCC shall not cause excessive noise or vibration.

Prior to removal of the catch basin, the Contractor shall clean and remove all debris in the existing catch basins and inspect the catch basin s to verify no pipes connect to the catch basin. Should any pipes be found, removal of the catch basin shall be halted, and the presence of the pipes shall be brought to the City’s attention.

Measurement & Payment for Remove 30”x30” Catch Basin shall be on an Each (EA) basis and shall include furnishing all labor , equipment, tools and materials necessary for the item of work including sawcut, remo val, haul-away, and disposal of existing PCC improvements and materials, in cluding coordinating with the City Inspector to verify locations and limits.

REMOVE AC PAVEMENT AND SUBGRADE TO A DEPTH OF 4” BELOW PROPOSED FINISHED SURFACE – BID ITEMS # A-17, AA4-1
REMOVE AC PAVEMENT AND SUBGRADE TO A DEPTH OF 6” BELOW PROPOSED FINISHED SURFACE – BID ITEMS # A-18, AA7-3
REMOVE AC PAVEMENT – BID ITEMS # A-19, AA8-13

Section 401, “Removal” of the Standard Specifications is supplemented by the following:

Removals shall include the removal of all materials to the depths shown on the plans.

ADDENDUM NO. 2
DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Remove AC Pavement and Subgrade to a D epth of 4” Below Proposed Subgrade and Remove AC Pavement and Subgrade to a Depth of 6” Below Proposed Subgrade includes Unclassified Excavation to remove soil to the indicated depths.

Remove AC Pavement does not include Unclassified Excavation.

Sawcut, excavation, removals, haul away, and f ill necessary for these bid items shall be included and no additional compensation will be made thereof. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location.

Measurement for Remove Existing AC Pavement and Subgrade to a Depth of 4” Below Proposed Subgrade; Remove Existing AC Pavement and Subgrade to a Depth of 6” Below Proposed Subgrade; Remove AC Pavement shall be on a Square Foot (SF) basis of pavement removed, not square footage of proposed pavement.

Payment for Remove Existing AC Pavement; Sawcut and Remove Existing AC, Fabric, PCC, and AB to the Proposed Subgrade; Sawcut and Remove AC Pavement and Base Material shall be on a Square Foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary for the item of work including sawcut, removal, haul-away, and disposal of existing AC improvements and materials, including coordinating with the City Inspector to verify locations and limits.

PCC IMPROVEMENTS
A. GENERAL
Section 302-6, "Portland Cement Concrete Pavement," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways," of the Standard Specifications are supplemented by the following:

Portland cement concrete improvements shall be constructed in accordance with the details shown on the Plans and the City of Pomona Standard Plans, included herein.

Concrete shall be specified by class and sha ll be in conformance wit h Table 201-1.1.2(A), or as shown on the plans.

High-early strength concrete shall be used for bus pads, cross gutter, all driveways, and alley approaches to comply with the require ments in the latest SSPWC, Section 7-10 "Public Convenience and Safety." High-early strength concrete shall achieve a compressive strength of 2,500 p.s.i within 48 hours of pouring and at least 5,000 p.s.i. after 28 days.

It shall be the responsibility of the Contractor to protect wet concrete from graffiti. All newly poured concrete items observed to have graffiti markings left in the wet concrete or etched in the new surface prio r to the acceptance of the project shall be removed and replaced by the contractor at no additional cost to the City.

All concrete removal and replacement work items shall be completed prior to grinding and paving any of the adjacent roadways.

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

When “slot paving” is required for concrete construction, as shown on the Plans, said paving shall be considered as in cluded in the unit prices bid for the associated concrete improvements, and no additional payment will be made therefore. Slot paving shall consist of asphalt concrete (match existing section) on full depth 2-sack slurry mix where a sawcut is required in asphalt pavement, and as directed by the Engineer.

The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

For all concrete removals and replacement s, the Contractor will not be allowed to excavate more locations than can be poured and completed by the end of the work week.

All concrete removals shall be replaced by end the of the work week and completed in place unless authorized by the Engineer.

B. SOIL STERILANT
All concrete construction work items shall require the application of soil sterilant. The Work to be done hereunder consists of furnishing and applying soil sterilant in the locations where subgrade is exposed, and as directed by the Engineer. The sterilant shall be applied prior to constructing the concrete improvements and applied to a width of 1 foot adjacent to curbs, around pull boxes, light standards and where directed by the Engineer.

The sterilant material shall be a brom acil compound containing not less than 80 percent 5-bromo-3-sec-butyl-6 methyluracil mixed with wate r and a surfactant (wetting agent). The mixture composit ion shall be in the proporti ons of 6 pounds of bromacil compound and one gallon of surfactant to 100 gallons of water.

The sterilant shall be mixed on the Work si te in the presence of the Engineer and shall be continuously agitated and applied wit h spray equipment having power agitators, spreader booms or bars and hand spray hoses such as to provide controlled, uniform applications.

Sterilant mixture, including water, shall be furnished and applied, under the direction of the Engineer, at a rate of 0.04 gallon per square yard.

Payment for soil sterilant will be included in the various items of work and no additional payment will be made therefore.

CONSTRUCT MOUNTABLE CURB PER DETAIL A – BID ITEMS # A-35, AA8-21 CONSTRUCT TRUCK APRON PER DETAIL A – BID ITEMS # A-36, AA8-22 CONSTRUCT 6” CURB, TYPE A-2 PER CITY OF POMONA STD. NO. A-3-64 – BID ITEMS # A-37, AA7-11, AA8-23
CONSTRUCT 6” CURB AND 18” GUTTER, T YPE B PER CITY OF POMONA STD. NO.

A-3-64 – BID ITEM # A-38
CONSTRUCT 8” CURB AND 18” GUTTER, T YPE B PER CITY OF POMONA STD. NO.

A-3-64 – BID ITEM # A-39
DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

CONSTRUCT 8” CURB AND 24” GUTTER, T YPE B PER CITY OF POMONA STD. NO.

A-3-64 – BID ITEMS # A-40, AA7-7, AA8-24
REMOVE AND REPLACE CURB AND GUTTER – BID ITEM # AA2-6

Section 401, “Removal” of the Standard Specifications is supplemented by the following.

Sawcut, excavation, removals, haul away, and f ill necessary for these bid items shall be included and no additional compensation will be made thereof. Existing surfaces to be joined shall be sawcut on a neat, straight line at the jo in location. Removal of the existing PCC shall not cause excessive noise or vibration. The use of a drop hammer or other device to crack or crush the PCC will not be allowed.

Sawcut, removal and replacement of 2’ slot paving with 2-sack PCC slurry adjacent to all curb or curb and gutter shall be required.

This bid item also includes removal and dis posal of existing material not included in other bid items and the installation and com paction of 6” CMB underneath all segments of new curb or curb and gutter and adjacent pavement.

Prior to removal, contractor shall field veri fy the join limits to ensure there will be positive fall between the remova l limits and bring to the City’s attention any locations that will not drain properly. Limits shall be adjust ed per field conditions to ensure positive drainage is achieved on all new curb & gutter.

Curb Removal and Replacements shall matc h the existing curb height and gutter width for the adjoining segment s. This item also include s forming and pouring any portion of depressed curbs at driveways that fall within the removal and replacement limits.

Prior to placement of these improvements, contractor shall grind or prune all obstructing roots if present and per the root pruning specifications.

Prior to acceptance of any curb and gutter, the Contractor shall water flow test each segment of curb and gutter to ensure that ponding of water does not occur within the limits of new construction.

A sidewalk ½-inch radius edging tool is be used to finish the edges of all curbs.

Curb and gutter constructed in conjunction with or as a result of new curb ramp, alley approach or cross gutter construction limits shall not be included as part of this bid item. All such curb and gutter shall be included in the uni t price for the respec tive bid items and no further compensation will be allowed.

Measurement & Payment for Construct Mountable Curb per Detail A; Construct Truck Apron per Detail A, Construct 6” Curb , Type A-2 per City of Pomona Std. No.

A-3-64; Construct 6” Curb & 18” Gutter per City of Pom ona Std. No. A-3-64 Type B; Construct 8” Curb & 18” Gutter per City of Pomona Std. No. A-3-64 Type B; Construct 8” Curb and 24” Gutter per City of Pom ona Std. No. A-3-64 Type B; Remove and DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Replace Curb and Gutter shall be on a Linear Foot (LF) basis and shall include furnishing all labor, equipment, tools and materials necessa ry for the removals not included in other bid items and construction of new curb including coordinating with the City Inspector to verify locations and limits, removals, preparation of subgrade, installation of base, construction of work item, finishing and protec tion of the work item and no further compensation will be allowed therefore.

ADJUST VALVE TO FINISH SURFACE – BID ITEMS # A-20, AA5-3, AA6-3, AA7-5, AA8- 14:

Existing water valve and blow off can and lids shall be adjusted to grade by the Contractor, including all necessary preparation work, during each phase of construction and paving. The valve boxes and blow-off lids shall not be buried or otherwise rendered inaccessible at any time and the valves sha ll be maintained readily accessible for shut-off at all times.

Details of adjusting water valve boxes a nd blow-off lids for typical conditions anticipated to be encountered in the Work are shown on the City of Pomona Standard Plan, Water Std. #6. All valve adjustments shall also be done in accordance with the City of Pomona Water Division Standard S pecifications included in A ppendix A. No guarantee is made and none shall be implied that these details cover all conditions that may exist within the Work site. The unit price bid per each shall be considered as full compensation for preparing and adjusting the valve boxes and blow-off lids, including their covers.

Included as part of the water valve can and lid adjustments will be the re-painting of all valve covers with paint. Surfaces of valv e covers shall be prim ed or spot primed as required. Prime coat shall be for a 100 g/l VOC region (Sout h Coast) Rust-Oleum No. 255617 (2mils) or approved equal. First coat and second coat (finish topcoat) shall be Rust- Oleum No. 261959 in CV7400 line (2mils). Total thickness of the completed coating system shall be 6 mils. Color shall be “Safety Blue” or approved equal for valve covers located on potable water lines. Color shall be “Safety Purple” for valves located on non-potable water lines. Paint color and type shall be submitted and approved by the City prior to its use.

Measurement & Payment for Adjust Valve Frame & Co ver to Finish Surface shall be on an Each (EA) Item basis and shall include furnishing all labor, equipment, tools and materials necessary for the adjustment and re- painting of valve can and lids as shown on the plans, and as directed by the Engineer. No further compensation will be allowed therefor.

ADJUST MANHOLE TO FINISH SURFACE (D OUBLE ADJUST) – BID ITEMS # A-21, AA5-4, AA6-4, AA8-15:

This Bid Item shall include the adjustment of the existing manholes to grade in accordance with Section 403, “Manhole Adjustment and Reconstruction” of the Standard Specifications.

The CONTRACTOR shall cooperate with the owners of any frames and covers.

ADJUSTMENT OF COUNTY SANITATION DISTRICTS MANHOLES TO NEW GRADE DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

When County Sanitation Districts (CSD) manholes must be adjusted to new grade because of re-grading and/or resurfac ing over the manholes, the work will be done by CSD in conjunction with the Contractor responsible for the re-grading and/or resurfacing work pursuant to the following procedures:

1. The Contractor shall notify CSD’s S uperintendent of Maintenance at (310) 638-1161 a minimum of three (3) days prior to the start of any work involving CSD manholes.

2. If grade over manhole is to be lowered:
a. The Contractor shall furnish and deliver a temporary steel cover plate of adequate thickness and size approved by CSD for the manhole. b. The Contractor shall excava te around the manhole to a depth and distance outside of the manhole as required for CSD to remove the manhole frame and cover.
c. CSD will remove the manhole frame and cover and the interfering portion of the manhole shaft and place the cover plate over the manhole. d. The Contractor shall store and prot ect the frame and cover and fill and/or pave over the cover plate to final grade.
e. The Contractor shall remove the pavement and/or fill as required for CSD to raise the manhole to final grade. Pavement and/or fill shall be removed to a minimum depth of not less than 6 inches below final grade and 12 inches around the manhole if the cover plate is more than 6 inches below final grade. f. CSD will raise the manhole and se t frame and cover to final grade. g. The Contractor shall provide a 12 inch wide by 12 inches high concrete ring around the manhole frame. In unpaved areas, the concrete ring shall include #3 rebar, 12 inches overlap. The Cont ractor shall backfill and compact and complete the pavement around the manhole.

If grade over manhole is to be raised:
a. The Contractor shall fill and/or pav e directly over the manhole frame and cover to final grade.
b. Repeat steps e. through g. of Ite m 2 above except when grade is to be raised more than 2 feet. In such case, the Contractor shall excavate around the manhole to a depth and distance as det ermined by and required by CSD to remove and reconstruct the manhole shaft with the required taper Contractor shall be responsible for adj usting manhole covers during the paving operation to finished grade as shown on the plans, and as directed by the Engineer. Manhole adjustments shall be in accordance with Section 403 of the SSPWC and the finished grade of the manhole and all associated paving around the manhole shall be flush with the finished surface within a 3/8” tolerance.

The Contractor shall be required to adj ust any manhole found not in conformance with these requirements, as determined by the Engineer, at their sole expense.

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Manhole adjustments shall be in compli ance per City of Po mona Standard Plan B- 14-68, unless otherwise noted.

Adjustment of storm drain and sewer manhol es as well as sewer cleanouts shall be included under this bid item.

All storm drain manholes shall be initially lowered to be below the anticipated pavement grinding and pavement removal elevations prior to pavement grinding & paving.

Immediately upon completion of the paving operat ions, the Contractor shall then adjust all manhole covers to grade per these specifications and the project plans. This shall constitute double adjustment.

Measurement & Payment for Adjust Manhole Frame & Cover to Finish Surface (Double Adjust) shall be on an Each Item (EA) basis and shall include furnishing all labor, equipment, tools and materials necessary for th e lowering and re-adjustment of manholes (double adjustment included) to grade as shown on the plans , and as directed by the Engineer. No further compensation will be allowed therefor.

ADJUST EXISTING PULL BOX TO FINISH SURFACE – BID ITEMS # A-22, AA2-12:

The Contractor shall adjust pull box to grade, including existing conduits and conductors, as required, at locations shown on the plans, and as directed by the Engineer.

All work shall conform to Caltrans Standards and Specifications (latest edition).

Pull boxes shall conform to the provisio ns in Sections 86 and 87 of the Standard Specifications and these Special Provisions.

Payment for adjusting pull bo xes to grade shall include construction of aggregate ballast as shown in SPPWC Standard No. 405-1 and adjustment of connecting conduit to a distance in each direction from the pull box, as directed by the Engineer.

Measurement & Payment for Adjust Existing Pull Box To Finish Surface shall be at the contract unit price bid per Each (EA) pull box in place, and shall include furnishing all labor, equipment, tools, materials and incidentals necessary for t he item of work including adjusting pull boxes, wire connections, and conduits to final grade as indicated on the plans and as directed by the Engineer. No further compensation will be allowed therefore.

REPLACE PULL BOX – BID ITEMS # AA2-13:

The Contractor shall repalce pull box to grade, including existing conduits and conductors, as required, at locations shown on the plans, and as directed by the Engineer.

All work shall conform to Caltrans Standards and Specifications (latest edition).

Pull boxes shall conform to the provisi ons in Sections 86 and 87 of the Standard Specifications and these Special Provisions.

Pull boxes shall be constructed from conc rete and per Caltrans Standard Plan Drawings ES-8A, known commonly as a State Number 3.5 unless otherwise noted on plan.

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Pull box covers shall be inscribed with the legend “Street Lighting”. There shall be bolt down kit for the cover. (Christy N 30Box, N30R with N90 Bolt Down from Oldcastle Precast or approved equal) Concrete surrounding the pull box is not required for boxes placed behind the curb. All pull boxes shall be installed 6” to 12” behind the curb

It shall be at the option of the Contractor, at its own expense and subject to the approval of the Engineer, to inst all additional pull boxes that it may desire to facilitate the work. The bottom of the pull box shall rest fi rmly on a 12-inch thick bed of 1 inch crushed rock base extending 6 inches beyond the outside edges of the pull box. Grout all pull box bottoms. Allow for drainage by providing a ½” hole.

All pull boxes shall have McCain vandal resistant insert or approved equal, installed and furnished by the contractor.

Payment for replacement pull boxes to grade shall include construction of aggregate ballast as shown in SPPWC Standard No. 405-1 and adjustment of connecting conduit to a distance in each direction from the pull box, as directed by the Engineer.

Measurement & Payment for Replace Existing Pull Box To Finish Surface shall be at the contract unit price bid per Each (EA) pull box in place, and shall include furnishing all labor, equipment, tools, material s and incidentals necessary for the item of work including adjusting pull boxes, wire connections, and conduits to final grade as indicated on the plans and as directed by the Engineer. No further compensation will be allowed therefore.

RELOCATE AND LOWER WATER METER AND REPLACE METER BOX PER CITY OF POMONA STD. NO. 11 – BID ITEMS # A-23, AA8-16
ADJUST EXISTING WATER METER BOX TO FINISHED SURFACE; RELOCATE EXISTING WATER METER AND BOX – BID ITEMS # A-24, AA2-10, AA7-6 REPLACE WATER METER BOX – BID ITEM # AA2-11:

The material and work included in these it ems shall comply with the requirements and conditions specified in accordance with t hese Specifications and Subsection 402-4, “Relocation” of the Standard Specifications for Public Works Construction (SSPWC), Latest Edition, except as modified herein.

Prior to starting work the contractor shall contact the water department to coordinate the relocation of facilities. The contractor shall remove the existing water meter box and furnish the new water meter box. The contractor shall set new water meter box at new grades and complete in place. The water service line shall be relocated directly by the water department. This bid item shall also include the adjustment of existing water meter boxes to finished surface.

The contractor shall notify each property owner or responsible person four (4) days prior to service disruption. Owners or responsible parties shall be informed of the approximate duration of the disruption. Disruption should not be more than four (4) hours without special DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

permission from City Engineer and property owners or responsible parties. The Contractor shall coordinate with City’s Water Resource Department two (2) weeks prior to installation.

Payment for all materials, equipment and labor required to perform the work included in this bid item shall be included in the unit price bid and no additional compensation will be allowed.

RELOCATE FIRE HYDRANT PER CITY OF POMONA STD. NO 2– BID ITEM # A-25:

Existing Pomona fire hydrant shall be remo ved, relocated, reconstructed and/or adjusted to final grade by the Contractor, including all necessary preparation work during each phase of construction. The fire hydrant shall not be rendered inaccessible at any time and shall be maintained readily accessible for operation and shut-off at all times. All new fire hydrants shall be provided by the Contractor.

Details for installation of fire hydrant for typical conditions anticipated to be encountered in the Work are shown on the City of Pomona St andard Plan, Water Std. #2.

No guarantee is made and none shall be implied that these details cover all conditions that may exist within the Work site. The unit prices bid shall be considered as full compensation for installation of the fire hydrant to final grade, regardless of the condition encountered, and no additional payment will be made therefore.

Where installation of fire hy drant is required, the contra ctor shall be responsible for all necessary water shut offs, coordinat ion and inspection with the water and fire department, coordination with the property owner for access and on-site repairs, cutting of the existing service lines, installation of any necessary new pipe, joints and connections, and the installation of the fire hydrant at the ultimate location, and activation and verification of the fire hydrant.

Variable sizes and types of existing fire hydrant may exist throughout the project limits. It shall be the contract or’s responsibility to relocate, replace, and adjust the fire hydrant in kind and size at no additional cost to the City. All new fire hydrants shall be per City of Pomona Water Std. #2. All fire hydr ant installations and models shall be approved by the City of Pomona and no additional payment will be made therefore.

This Bid Item shall include all material, equipment , and labor necessary to install 6” D.I.P., including installation of wa ter valve, installation of 6” MJxMJ 90 degree bend with thrust block per City of Pomona Water Std. No. 4 Thrust Block Details Sheet 2.

Measurement & Payment for Relocate Fire Hydrant Per City of Pomona Std. No 2 shall be on an each, (EA) basis and shall include furnishing all labor, equipment, tools and materials necessary for the item of work in cluding removal, relocation, and installation of fire hydrants, cutting and installing ne w pipe, coordination with the Pomona water department and/or fire department, purchasing, del ivery, installation, and painting of fire hydrant, disposal and hauling of existing hydrants and adjustment to final grade, as indicated on the plans and as directed by the Engineer. T he price of this item shall also include any DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

incidentals for doing the work involved in c onstructing the fire hydrant. No further compensation will be allowed therefore.

CONSTRUCT RESIDENTIAL DRIVEWAY PER CITY OF POMONA STD. NO. A-27-10 – BID ITEMS # A-26, AA8-17;
REMOVE AND REPLACE DRIVEWAY PER CITY OF POMONA STD. PLAN NO. A-27-10 – BID ITEMS # AA2-15,:

Section 401, “Removal” of the Standard Specif ications is supplemented by the following.

Sawcut, excavation, removals, haul away, and fill necessary for these bid items shall be included and no additional compensation will be made thereof. Existi ng surfaces to be joined shall be sawcut on a neat, straight line at the join location. Re moval of the existing PCC shall not cause excessive noise or vibration. The use of a drop hammer or other device to crack or crush the PCC will not be allowed.

It shall be the contractor’s responsibility to verify the limits of construction with the City inspector for each of the driveways. Construction of t he driveways, or portions of driveway, shall be per the project plans, the referenced City of Pomona Standard Plans, and any applicable details.

This item includes the construction of full driveways, as well as matching decorative driveways in-kind, as identified on the plans and noted in the field by the City inspector.

The Contractor shall verify existing grades at the driveways in order to ensure full ADA compliance across the driveway is achieved. Should ADA compliance not be feasible at this location, the Contractor shall coordinate with the City inspector to determine a course of action.

The limits of the driveway in clude the driveway surface as well as curb and gutter adjacent to the driveway. All concrete flatwork outside the winds of th e driveway shall be paid for as part of the sidewalk removal and replacement item and no additional compensation will be allowed.

Depending on the driveway configuration, additional segments of retaining curb may be required. All such retaining curbs and other field adjustments are included as part of this work item.

All concrete for driveways shall be high-ea rly strength concrete as defined in the General portion of the concrete improvements specification.

The contractor shall be responsible for contacting and coordinating access to and from the property with the proper ty owner prior to and during t he course of the driveway construction. The contractor shall be responsible for maintaining a minimum of one access point to each property at all times. Adequate ramping or plating of the driveways during the removal and grading phase shall be required based on the Engineers direction. Plating of DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

the driveway during the curi ng phase shall be required in order to maintain access to properties at all times.
2’ minimum width sawcut, removal and full depth slot paving with 2-sack slurry adjacent to the lip of gutter shall be required at all locations.

The contractor shall verify existing grades in order to ensure full ADA compliance.

Sidewalk Replacements within Existing Driveways:

All sidewalk replacements that fall within the limits of a driveway shall be paid for as part of the partial driveway r eplacement work items (Residential or Commercial Per Plan).

PCC and CMB thicknesses of the partial driveway replacement work items shall be per the standard plan based on residential or commercial thicknesses. Contractor shall be required to coordinate with, phase and pl ate all partial driveway replacements as though they were full replacements in order to ensure the resident has access to their property at the end of each working day.

Inspector to verify locations, configur ation and limits, remo vals, preparation of subgrade, temporary ramping, slot paving, construction of wo rk item, high early strength concrete, adjustment of miscellaneous utility it ems found within the limit s of construction, finishing, plating, and prot ection of the work item and no further compensation will be allowed therefore. Measurement of this bid item shall not include the area of any adjacent slot paving and only includes the area bound by new PCC surface as measured in the plan view.

Measurement & Payment for Construct Residential Driveway Per City of Pomona Std. No. A-27-10; Remove And Repl ace Driveway Per City of Pomona Std.

Plan No. A-27-10 shall be on a Square Foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary fo r the item of work including removal of existing improvements not included in other bid items and materials, construction of new driveway, or portions thereof, including coordinating with the City.

CONSTRUCT SIDEWALK PER CITY OF POMONA STD. PLAN NO. A-7-02 – BID ITEMS # A-27, AA7-8, AA8-18;
REMOVE AND REPLACE SIDEWALK PER CITY OF POMONA STD. PLAN NO. A-7-02 – BID ITEMS # AA2-1:

Section 401, “Removal” of the Standard Specif ications is supplemented by the following. Sawcut, excavation, removals, haul away, and fill necessary for these bid items shall be included and no additional compensation will be made thereof. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. Removal of the existing PCC shall not cause excessive noise or vibration. The use of a drop hammer or other device to crack or crush the PCC will not be allowed.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Concrete sidewalk shall be constructed to the line, grades and designs shown on the plans or as ordered by the Engineer. Any and all gas or water meter boxes falling within the limits of sidewalk construction shall be adjust ed to the finished grade of the new sidewalk as part of this work item unless specifically called out as a separate work item on the plans.

Sidewalk score lines shall have a mini mum finished depth of ½-inch. Walkway replacement needed to join new sidewalk shall be in-kind (surface texture, aggregate, finish, etc.) to the walkway removed or as directed by the Engineer's representative.

A sidewalk ½-inch radius edging tool is be used to finish the edges of all curbs.

Infill and compaction of suitable base material will be required under certain portions of sidewalk. Contractor shall include the cost of material, labor and compaction of such material in the unit price per bid.

The contractor shall verify existing grades in order to ensure full ADA compliance.

Any appurtenant PCC Improvement constructed as part of this project and not included with a unit price bid quote or otherwise covered for payment herein shall be paid at the unit price for Sidewalk per square foot prorat ed to reflect the tr ue amount of PCC material being constructed, as approved by the Engineer's Representative. The prorated unit price bid for the appurtenant PCC improvement shall incl ude all costs of subgrade preparation, and the excavation, furnishing and compacting of backfill material and no additional compensation will be allowed therefore.

Measurement & Payment for Construct Sidewalk Per City of Pomona Std. Plan No. A- 7-02; Remove And Replace Sidewalk Per City of Pomona Std. Plan No. A-7-02 shall be on a Square Foot (SF) basis and shall include furnishi ng all labor, equipment, tools and materials necessary for the item of work incl uding construction of new sidewalk including coordinating with the City Inspector to verify locations and limits, removals not included in other bid items, pre paration of subgrade, construction of work item, adjustment of miscellaneous parkway items found within the limits of construction, finishing and protection of the work item and no further compensation will be allowed therefore. Measurement of this bid item shall not include the area of any planter areas, and shall only include the actual PCC surface area as measured in the plan view.

CONSTRUCT ADA CURB RAMP PER CITY OF POMONA ST D. NO. A-28-10 – BID ITEMS # A-28, AA7-9, AA8-19;
CONSTRUCT 8' X 12' TYPE A PASSAGEWAY PER CALTRANS STD PLAN A88B – BID ITEMS # A-29, AA8-20;
INSTALL GLUE-DOWN DETECTABLE WARNING SURFACE – BID ITEMS # AA2-9; GRIND LIP AT BOTTOM OF CURB RAMP – BID ITEMS # AA2-3;
PATCH HOLE IN SIDEWALK – BID ITEMS # AA2-4;
REMOVE AND REPLACE CURB RAMP – BID ITEMS # AA2-8:

Section 401, “Removal” of the Standard Specif ications is supplemented by the following. Sawcut, excavation, removals, haul away, and fill necessary for these bid items DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

shall be included and no additional compensation will be made thereof. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. Removal of the existing PCC shall not cause excessive noise or vibration. The use of a drop hammer or other device to crack or crush the PCC will not be allowed.

Concrete Curb Ramps shall be per SPPWC Standard Plan 111-5 and City of Pomona Standard Plan A-28-10, case and type per pl ans. Concrete shall be Class 520-C-2500.

Proposed concrete passageway shall be per Caltrans Standard Plan A88B, Type A.

The geometry shown on the plans is repres entational. The final limits and geometry of the required curb ramp and passageway sha ll be verified and placed in the field by the contractor in order to ensure the required grades and clearances are obtained.

Curb and Gutter Shall be included in the limits of the curb ramp and passageway which includes the sawcutting and full AC reconstruction of a 3’ wide (slot pavement with 2- sack PCC slurry) portion of AC pavement adjacent to the curb and gutter in order to achieve the required 5% maximum grade for 4’ adjacent to the curb face. A minimum of a 3’ saw cut and pavement replacement will be required in all areas of curb return replacements adjacent to existing pavement not slated for grind and overlay. In locations for a 3’ slot pave with 2- sack PCC slurry is inadequate at achievin g the required 5% ma ximum grade and would create adverse driving conditions for the 1’ tr ansition, each location shall be individually documented in the construction project files justifying the r eason for non-compliance. The proposed pavement section shall be full dept h asphalt paving to match the existing pavement section thickness.

Construction of any necessary retaining curb s at the back of ramp or wings of the ramp are included as part of this bid item. The contractor shall install retaining curbs within the ramps to ensure that the constructed ramp and passageway is fully ADA compliant while joining existing grades at the back of walk/ramp.

When curb ramp removal and installation is adjacent to PCC cross gutters that are not abandoned/buried then the concrete shall be sawcut 4” off the existing curb face, and the new concrete shall be do weled and epoxied into the exis ting cross gutter spandrel at 12” on center using 18” #4 bars.

All work within the 1’ rumble strip at grade breaks of the sidewalk shall be considered as part of the curb ramp. All work past the 1’ rumble strip, which has been approved by the engineer, shall be considered as extra sidewalk or curb and gutter items and will be paid for per the respective unit price.

Existing surfaces to be joined shall be sa wcut on a neat, straight line at the join location. All sawcut locations along existing cross gutters shall be cut in a curve conforming to the existing curb return and shall be cut at a set offset from the flow line as approved by the City Engineer. The flow line shall be main tained, ensuring that ponding does not occur in the existing cross gutter.

ADDENDUM NO. 2
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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Any and all Traffic Signals, or pedestrian push button poles, traffic signal poles and other surface mounted appurtenances shall be protected in place and/or re-attached as part of this bid item.

All pull boxes within curb ramp limits sha ll also be adjusted to the finished grade of the new curb ramp and shall be paid for per the unit price for each respective bid item.

All water or gas valve can and lids within cu rb ramp limits shall also be adjusted to the finished grade of the new curb ramp and shall be paid for per the unit price for each respective bid item.

The City Engineer shall have final say rega rding the case and type of curb ramp to be installed and shall retain the right to revise the ramp designation at any point prior to construction.

The contractor shall verify existing grades in order to ensure full ADA compliance Curb ramps and passageway shall be constructed with detectable warning surfacing complying with California Building Code Title 24. Detectable warning surfacing shall consist of vitrified polymer composite, with at least 25% by weight aluminum oxide, nominally 0.20" thick, colorfast and UV stable. Panels must be embedded in new ramps. Embedded panels shall have perforated embedment ribs at 3" on center, at least 1” deep.

Other physical characteristics shall be as follows:

Compressive
Strength
Greater than 18,000
psi
ASTM D 695
Flexural Strength Greater than 24,000
psi
ASTM D 790
Tensile Strength Greater than 10,000
psi
ASTM D 638
Water Absorption Less than 0.35% ASTM D 570
Slip Resistance Greater than 0.80 ASTM C 1028
Flame Spread Index Le ss than 25 ASTM E 84
Salt Spray No Change (200
hours)
ASTM B 117
Chemical Stain
Testing
No Deterioration ASTM 1308
Abrasion
Resistance
Less than 0.030 (1,000
cycles)
ASTM D 2386
Accelerated
Weathering
No Damage (2,000
hours)
ASTM G 29
Load Bearing at
16,000 lbs.

No Damage AASHTO-H20
Freeze / Thaw /
Heat
No Disintegration ASTM C 1026

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

The color of the panels shall be black except for ramps adjacent to or within one block of a school. Ramps within one block of a school shall have yellow truncated domes. The Contractor shall install panels in accor dance with manufacturer's recommendations. The cost of installing detectable warning servic e panels on new ramps shall be included in the cost of the curb ramp. Retrofitting detectable warning surfaces on existing ramp or walkway surfaces shall be paid for as part of their respective bid items.

Measurement & Payment for Construct ADA Curb Ramp per City of Pomona Std. No. A-28-10; Construct 8' x 12' Type A Passageway Per Caltrans Std Plan A88B.; Install Glue-Down Detectable Warning Surface; Grind Lip at Bottom of Curb Ramp; Patch Hole in Sidewalk ; Remove and Replace Curb Ramp shall be on an Each Item (EA) basis and shall include furnishing all labor , equipment, tools and materials necessary for the item of work including removal of existing improvements and materials, construction of new curb ramp, including co ordinating with the City Inspector to verify case & type, configuration and limits, removals, prepar ation of subgrade, temporary ramping, construction of work item, slot paving, construction of monolithic retaining curbs, adjustment of miscellaneous utility items found within the limits of construction, installation of detectable warning surfaces, finishing, and protection of the work item and no further compensation will be allowed therefore.

CONSTRUCT STREET CROSS GUTTER PER CITY OF POMONA STD. NO. A-4-74 – BID ITEMS # A-30, AA7-10;
REMOVE AND REPLACE ALLEY INTERSECTION PER CITY OF POMONA STD. PLAN NO. A-5-06 – BID ITEMS # AA2-7:

Section 401, “Removal” of the Standard Specif ications is supplemented by the following. Sawcut, excavation, removals, haul away, and fill necessary for these bid items shall be included and no additional compensation will be made thereof. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. Removal of the existing PCC shall not cause excessive noise or vibration. The use of a drop hammer or other device to crack or crush the PCC will not be allowed.

It shall be the contractor’s responsibility to verify the limits of construction with the City inspector for each of the cross gutters. Construction of the cross gutter shall be per the project plans and the referenced City of Pomona Standard Plans and any applicable details.

Construction of the cross gutter shall include the monolithic curb and gutter. Where a new curb ramp is proposed adjacent to the cross gutter, the curb and gutter shall be paid for as part of the curb ramp bid item, and the appropriate square footage shall be deducted from the total area of the cross gutter.

All removal and replacement cross gutters lo cations shall be constructed to existing join elevations. The contractor shall document the existing relative elevations and grades at the join locations as well as key elevation poin ts. The Contractor shall ensure that positive drainage is achieved between the join locations of construction.

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City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

All concrete for cross gutters shall be high -early strength concrete as defined in the General portion of the concrete improvements specification.

All intersections with cross gutters shall be opened to traffic at the close of each day.

Adequate ramping or plating of the cross gu tter location during the removal and grading phase shall be required based on the Engineers direction. Plating of the cross gutter during curing phase shall be required in order to maintain traffic through the intersection at all times. 2’ minimum width sawcut, removal and full depth slot paving with 2-sack PCC slurry shall be required adjacent to all sides of the cross gutter.

The contractor shall verify existing grades in order to ensure full ADA compliance.

Measurement & Payment for Construct Street Cross Gutter per City of Pomona Std. No. A-4-74; Remove and Replace Alley Intersection Per City of Pomona Std. Plan No. A-5-06 shall be on a Square Foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary for the item of work including removal of existing improvements and materials, construction of new cross gutter including coordinating with the City Inspector to verify locations, configuration and limits, surveying and staking, removals, preparation of subgra de, temporary ramping, slot paving, construction of work item, high early strength concrete, adjustment of miscellaneous utility items found within the limits of construction, finishing, plating, and protection of the work item and no further compensation will be allowed therefore. Measurement of this bid item shall not include the area of any adjacent slot paving and only includes the area bound by new PCC surface as measured in the plan view.

CONSTRUCT 8" PCC PAVEMENT PER SPPWC STD. PLAN 134-3 – BID ITEMS # A-31,; CONSTRUCT 6" PCC PAVEMENT – BID ITEMS # A-32

All street to street rem obilizations and demobilization work shall be included in the bid items in this section and no additional payment will be allowed.

Section 302-6, "Portland Cement Conc rete Pavement," of the Standard Specifications are supplemented by the following:

Portland cement concrete improvements shall be constructed in accordance with the details shown on the Plans and the City of Pomona Standard Plans, included herein.

Concrete shall be specified by class and sha ll be in conformance with Table 201-1.1.2(A), or as shown on the plans.

All P.C.C. joints shall be saw-cut joints. No plastic joint shall be allowed.

Measurement & Payment for Construct 8" PCC Pavement Per SPPWC Std. Plan 134-3; Construct 6" PCC Pavement shall be on a Per Square Foot (SF) basis and shall include furnishing all labor, equi pment, tools and materials necessa ry for the item of work including construction of new PCC pavement by tallying the total material, and no further compensation will be allowed therefore.

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

CONSTRUCT CONCRETE PAVER PER DETAIL– BID ITEM # A-33:

This Bid Item shall include any and all material and work involved for concrete pavers in accordance with Section 303-4.2, “Brick Masonry” of the Standard Specifications.

Concrete pavers shall be placed on compacted native and the finish surface shall be flush with the adjacent join area. Color of pavers shall be determined by the City.

Measurement & Payment for Construct Concrete Paver Per Detail shall be on a Per Square Foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary for the item of work including construction of concrete paver by tallying the total material, and no further compensation will be allowed therefore.

REMOVE EXISTING TREE – BID ITEM # A-34:

This Bid Item shall include any and all material and work involved for removing trees in accordance with Section 300-1, “Clearing and Grubbing” of the Standard Specifications.

Tree Removal:

1. Remove trees, together with t he bulk of roots, to a minimum depth of 4’ - 0” below existing grade and within a radius of 7’-0” beyond perimeter of trunk at ground line.

Tree removal shall be the first work performed upon job start.

2. Holes resulting from tree removal sha ll be filled and compacted with clean earth to the required density as specified for filling under sections “Grading”. Filling shall not be done until holes have been approved by the City.

3. Restore landscaping, irrigation, and any other impacted improvements caused by the tree removal.

Measurement & Payment for Remove Existing Tree shall be on a Per Each (EA).

The unit bid price for this item shall inclu de all materials, equipment, tools, labor, and transportation required to remove and dis pose existing landscaping and irrigation, restoration of the landscaping and irrigation, coordination with the home owner regarding the extent of the im pact and proposed method of landscaping and irrigation remediation, and no additional compensation will be allowed therefore.

CONSTRUCT TYPE I SLURRY WITH CRACK FILL AND CRACK SEAL – BID ITEMS # A-41;
CONSTRUCT TYPE II SLURRY WITH CRACK FILL AND CRACK SEAL – BID ITEMS # A-42:

Materials:

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Slurry seal shall be quick set Type I or Ty pe II Slurry Seal (CQS-1h) and shall be in accordance with the requirements of Section 302-4.6 “Emulsion-Aggregate Slurry (EAS)” of the SSPWC and the special provisions.

Surface Preparation:

Prior to application of slurry seal, t he existing pavement su rface shall be cleaned, accumulation of water removed, and unsatisfactory areas repaired. Failed pavement, base, or subgrade material shall be removed and repl aced with new materials. Cracks in the surface not due to structural deficiencies s hall be cleaned and sealed as described herein under Crack Sealing.

Removal of contamination, traffic paint, th ermoplastic and vegetation: All dust, dirt, oil, grease, fuel, loose or flaky paint, therm oplastic, raised pavement markers, vegetation, and other objectionable material shall be re moved. Grease and oil contaminated areas which cannot be cleaned shall be removed and replaced with new bituminous pavement. All vegetation shall be removed completely, and those areas treated with herbicide.

Any vegetation in the area of the slurry seal shall be removed with an approved herbicide applied at least ten (10) days prior to the placing of the slurry.

All utility covers/appurtenanc es shall be covered and pr otected during the slurry sealing operation. Upon completion and curing of the slurry seal, all covers placed on the utility appurtenances shall be removed and disposed of by the contractor.

Crack Sealing:

Prior to the beginning of the slurry sealing operation, the Contractor shall crack seal all cracks greater than 1/8 inch in width in accordance with the following specifications.

Crack Sealing material shall be HPS (No Track Tack) crack seal/filler.

Crack sealing shall comply wit h 303-1.8.7 of Standard specifications. Cracks larger than 1/4-inch and up to and including 3/8” shall be routed to a width of 1/2” and a depth of 3/4” and shall be filled. Cracks greater than 3/8” shall be filled but need not be routed. Cracks in excess of 1-inch in width shall be filled with asphalt. The Contractor is cautioned to make his/her own estimate of the linear footage of cracks to be filled. All filled cracks shall be made flush with surround pavement surface. All freshly applied sealant shall be immediately be covered with sand or rock dust to prevent tracking by vehicle tires when opened to traffic. All debris generated by the pavement crack cleaning shall be removed from the area before the end of the day on which the cleaning occurs.

Crack cleaning, sealing and filling of the pavement surface shall be included under this bid item.

Mixing:

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Conforming to Standard Specifications, Se ction 302-4.2, mixing shall be performed by continuous-flow mixer. All aggregate particl es shall be uniformly saturated and coated with asphalt.

The slurry mixer shall be a multi-blade or spiral continuous-flow unit in good working condition capable of accurately delivering a pre-determined proportion of aggregate, water, emulsion, and accelerator or retardant to the mixer and of discharging the thoroughly mixed slurry on a continuous basis. Each mixer shall have a metering device to measure the quantity of water in gallons used in each load of slurry and a separate metering device or equivalent which meets the appr oval of the City Engineer to measure the quantity of emulsified asphalt used in each load of slurry.

Transit mix trucks shall not be used. The Contractor shall have two (2) fully operational mixers for use at the project site at all times. These mixers shall be available for inspection by the Agency at least forty-eight (48) hours prior to commencing work.

Application:

Application shall Conform to Standard Spec ifications, Section 30 2-4.3.1, the work shall consist of mixing asphalt emulsion, aggr egate, additive and water, and spreading the mixture on the pavement where shown on the drawings. The Contractor shall apply Slurry seal two (2) weeks after crack sealant application. Contractor shall schedule his work to allow enough time between crack sealing and slurry seal application.

The Contractor shall inform himself of the city trash pick up days schedule for the project area. There shall be at least four (4) calendar day period prior to trash pick up day for each street receiving slurry.

All concrete surfaces to be joined by the slurry seal, with the exception of parallel curb and gutter, shall be covered with tar paper or any approved material.

The sites for stockpiling and batching ma terials shall be clean and free from objectionable material. Arrangement for these sites shall be the responsibility of the Contractor.

Hand squeegees and other hand equipment shall be provided to remove spillage and spread slurry in areas inaccessible to the spread box.

The spreader box shall be equipped with flex ible material in contact with the pavement and shall be maintained so as to prev ent loss of slurry. It shall be adjustable to ensure a uniform controlled spread and be equipped with a mechanical or hydraulic type of horizontal shifting device. The spreader box shall be equipped with a burlap drag or approved equivalent.

The slurry mixture shall be fed into the spreader box such that a uniform and complete coverage of the pavement is obtained. The slurry seal machine shall be operated at such a speed that the amount of slur ry in the spreader box shall remain essentially constant.

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Thickness of the slurry when measured ov er the average pavement surface shall be approximately the maximum size of the aggregate being used. Where multiple applications are required, each applicati on shall be thoroughly cured bef ore another application is placed.

Spreading:

Spreading shall Conform to Standard Specifications, Section 302-4.3.2.

Slurry should be placed only when the temperature is at least 10° C (50° F) and rising, and when no rain is expected.

The application of slurry shall not commence until after 8:30 a.m. and the slurry shall be sufficiently cured to be opened to traffic by 4:30 p.m. The st reets to be sealed shall be closed from the time the app lication begins until the City E ngineer determines the mixture has achieved sufficient set to be opened to traffic.

The Contractor shall thoroughly sweep or clean the surface, to the satisfaction of the City Engineer. The streets shall be swept of all loose aggregates for period of two (2) weeks after the application of slurry seal. Additional sweeping may be needed on streets that exhibit raveling of aggregate. The frequency and location of additional sweeping will be on an as needed basis as determined by the Engineer at no additional cost to the City.

Prior to applying slurry, the surface to be sealed shall be cleaned by the Contractor unless otherwise specified. Immediately ah ead of the mixer the pavement shall be pre- wetted by a pressure water distributed system equipped with a fog type spray bar which will completely fog the surface of the pavement. The need for application and the rate of application shall be determined by the City Engineer.

Evidence of solidification of the slurry, ba lling or lumping of the aggregates or the presence of uncoated aggregates shall be cause for rejection of the slurry.

Slurry shall be applied in such a manner that no ridges shall remain.

Slurry shall be applied with a maximum overlap of the concrete gutter of two (2) inches. Any slurry material exceeding two (2) inches shall be removed by the Contractor prior to the completion of the project.

The Contractor will be required to work around all existing utility facilities and seal up to said facilities. During sealing operations, the Contractor shall cooperate with the owners of any utility covers and shall cover and completely protect said covers with heavy plastic or other suitable material.

At the direction of the City Engineer, the Contractor shall repair and reseal all areas of the streets which have not been sealed properly or completely at no cost to the Agency.

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Where the completed slurry is not uniform in color, the street shall be treated to eliminate the color variation at the Contractor's expense. The method of treatment shall be approved by the City Engineer.

Each slurry crew shall be composed of a coordinator at the project site at all times, a competent quick set mixing operator, a compet ent driver and sufficient laborers for any handwork, cleanup and barricading.

Curing:

Completed slurry seal shall be protected from traffic per Standa rd Specifications Section 3024.4.

The Contractor shall be responsible fo r adequate barricading of the work area and controlling of traffic in the vicinity of the project as specified in Subsection 7-10 of the General Provisions.

When it is necessary to provide vehicula r or pedestrian crossings over the fresh slurry, the City Engineer may direct the Contractor to spread sufficient sand or rock dust, or request that access be provided to the affected area to eliminate tracking or damage to the slurry. Sand, rock dust, or other measures used for this purpose shall be at the Contractor's expense.

Measurement & Payment for Type I or Type II Slurry Seal with Crack Seal and Crack Fill shall be on an Extra Long Ton (ELT) basis of aggregate applied as measured in the field and shall include full compensation for all labor, materials, tools, equipment, and incidentals; for doing all the work involved in scheduling, obtaining approvals, providing notifications, no parking signs, site preparation, weed abatement, crack sealing, crack filling, surface preparations, covering and protecting all utility appurtenances, application of slurry seal, protection and barricading of the work, and for completing the work in place, as noted on the plans and approved by the City Engineer, and no additional compensation will be allowed therefore.

CONSTRUCT CAPE SEAL (CHIP SEAL + TYPE II SLURRY) WITH CRACK FILL AND CRACK SEAL– BID ITEMS # A-43:

The CONTRACTOR shall furnish all labor, materials, tools, equipment transportation and all incidental work and other services required to cape seal with crack fill and crack seal as shown on the plans, specified in accordance with these Specifications and Section 302- 2, "Chip Seal," of the Standar d Specifications (SSPWC), Lat est Edition are supplemented by the following:

Crack Sealing:

Prior to the beginning of the slurry sealing operation, the Contractor shall crack seal all cracks greater than 1/8 inch in width in accordance with the following specifications.

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Crack Sealing material shall be HPS (No Track Tack) crack seal/filler.

Crack sealing shall comply wit h 303-1.8.7 of Standard specifications. Cracks larger than 1/4-inch and up to and including 3/8” shall be routed to a width of 1/2” and a depth of 3/4” and shall be filled. Cracks greater than 3/8” shall be filled but need not be routed. Cracks in excess of 1-inch in width shall be filled with asphalt. The Contractor is cautioned to make his/her own estimate of the linear footage of cracks to be filled. All filled cracks shall be made flush with surround pavement surface. All freshly applied sealant shall be immediately be covered with sand or rock dust to prevent tracking by vehicle tires when opened to traffic. All debris generated by the pavement crack cleaning shall be removed from the area before the end of the day on which the cleaning occurs.

Crack cleaning, sealing and filling of the pavement surface shall be included under this bid item.

Application:

Application shall Conform to Standard Specifications, Section 302-2.6, the work shall consist of mixing asphalt emulsion, aggregate, additive and water, and spreading the mixture on the pavement where shown on the drawings. The Contractor shall apply Slurry seal two (2) weeks after crack sealant application. Contractor shall schedule his work to allow enough time between crack sealing and slurry seal application.

The Contractor shall inform himself of the city trash pick up days schedule for the project area. There shall be at least four (4) calendar day period prior to trash pick up day for each street receiving slurry.

The sites for stockpiling and batching ma terials shall be clean and free from objectionable material. Arrangement for these sites shall be the responsibility of the Contractor.

Hand squeegees and other hand equipment shall be provided to remove spillage and spread slurry in areas inaccessible to the spread box.

The spreader box shall be equipped with flex ible material in contact with the pavement and shall be maintained so as to prev ent loss of slurry. It shall be adjustable to ensure a uniform controlled spread and be equipped with a mechanical or hydraulic type of horizontal shifting device. The spreader box shall be equipped with a burlap drag or approved equivalent.

Measurement & Payment for Construct Cape Seal (Chip Seal + Type II Slurry) With Crack Fill And Crack Seal shall be on an Square Yard (SY) basis of aggregate applied as measured in the field and shall include full compensation for all labor, materials, tools, equipment, and incidentals; for doing all the work involved in scheduling, obtaining approvals, providing notifications, no parking signs, site preparation, weed abatement, crack sealing, crack filling, surface preparations, covering and protecting all utility appurtenances, application of slurry seal, protection and barricading of the work, and for completing the work DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

in place, as noted on the plans and approv ed by the City Engineer, and no additional compensation will be allowed therefore

COLD MILL AC, 2" WITH CRACK FILL AND CRACK SEAL – BID ITEMS # A-44, AA5-1, AA6-1:

A. GENERAL
Subsection 404, “Cold Milling” of the Standard Specifications is supplemented by the following:

Cold milling shall be a variable or constant depth cut for the various widths of cold millings called for on the plans. Variable depth and uniform depth cold milling shall be included under the same bid item based on the depth noted in the bid item.

All cold milling shall conform to the det ails shown on the plans and these Special Provisions. All temporary striping required after cold milling operations shall be installed per City Standards. All required tem porary striping shall be considered paid for under the bid item for Traffic Control. No additional compensation will be allowed.

The Contractor shall be responsible fo r furnishing, placing and maintaining barricades and lights as necessary to protect the public from danger due to the work being done. The machine used for cold planning sha ll have performed satisfactorily on similar work and meet the following requirements:

The Planing Machine shall be specially des igned and built to perform cold planning of bituminous pavement with the ability to pl ane concrete patches. The cutting drum shall be a minimum of sixty (60”) inches wide with carbide tip cutting placed in variable lacing patterns to provide various fi nishes. The machine shall be capable of operation at speeds ranging from 0 to 40 FPM. It shall be self-pr opelled and have a water spray at the cutting drum to minimize dust. The machine shall be capable of removing the material next to the gutter of the pavement being reconditioned and so designed and the operator thereof can at all times observe the plann ing operation without leaving the controls. The cutting drum shall be adjustable as to slope and shall de ep cut in one pass a maximum of three (3”) inches without producing fumes or smoke.

Ski arms to improve smoothness of grinding operations are required with a minimum 30 foot long arm.

The Contractor shall provide a smaller ma chine to trim areas inaccessible to the larger machine at manholes, curb returns and intersections. The smaller machine shall be equipped with a twelve (12”) inch wide cutting drum mounted upon a three (3) wheel chassis allowing it to be positioned without interrupting traffic and pedestrian flow.

During the operation the Contractor s hall sweep the street with mechanical equipment and remove all loose material from planed areas. In addition, all existing asphalt/slurry buildup on the concrete gutter shall be removed and the cost thereof shall be included in the unit price of cold plaining cost, no additional compensations shall be paid.

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

The Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling with water or other means as necessary.

Residue from grinding shall not be permitted to flow or travel into gutters, onto adjacent street surfaces or parkways. All residues shall be completely removed by a vacuum sweeper and properly dis posed. Sweeping is to take place immediately after the grinding has been completed and as directed by the Engineer. No washing of any residue into gutters and/or drainage structures shall be allowed. The Contractor shall cover and protect all storm drain inlets prior to the start of cold milling operations.

All pavement transitions and temporary striping/markings shall be in place prior to the opening of a lane for traffic. Any pavement gr ade differential between adjacent lanes that will, with the permission of the Engineer, remain during non-working hours shall be indicated with the appropriate warning signage.

Cold mix A.C. shall be placed and mainta ined at the interfac e between milled and non-milled areas to eliminate the hazard caused by sudden elevation differences, especially in pedestrian path of travel areas adjacent to wheelchair ramps, and shall be removed prior to placement of surface course pavement.

The Contractor shall provide access and detours at all times for pedestrian facilities when cold milling. The Contractor is to notify the Engineer at least two (2) working days prior to and immediately after the cold mill operat ions so that observations and measurements may be made of areas before the placement of permanent asphalt.

Existing pavement thicknesses, as measured by the City’s geotechnical investigation, have been provid ed on the plans and in these sp ecifications for reference purposes only. It shall be the contractor’s re sponsibility to verify the existing pavement thickness and to adjust field operations accord ingly in order to pr operly construct the proposed improvements.

B. PHASING REQUIREMENTS
Final paving shall occur within 3 working da ys of the cold mil ling operations on all streets, unless approved by the Engineer.

C. CRACK SEAL & WEED ABATE
Also included under this bid item will be the weed abatement and crack sealing of the milled asphalt pavement surface. After the milling operations and prior to placing the asphalt surface course, all cracks greater than or equal to 1/4 inch in width shall be routed and cleaned of existing vegetat ion via use of high pressure air, sprayed with soil sterilant and filled with crack filler. The pavement surface should be warm, dry and free of any dust, dirt and deleterious material before applying the crack sealant.

In areas where an asphalt concrete leveling course is specified, existing cracks or holes 1/4 inch or larger shall be cleaned of all debris and vegetation. Filling of these cracks DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

and holes shall be accomplished by constructing the leveling course as specified elsewhere herein.

In areas where an asphalt concrete leveling course is not specified, existing cracks or holes, 1/4 inch or larger , shall be cleaned and filled or repaired wit h liquid asphalt, cold mix, hot mix or as directed by the Engineer. Existing cracks smaller than 1/4 inch shall be cleaned of vegetation only.

Cleaning of cracks or holes shall be by power brooming, compressed air or other approved methods.

Crack preparation, sealing, and weed abatement will be included in the various items of work, and no additional compensation will be allowed therefore.

D. MEASUREMENT & PAYMENT
Measurement & Payment for Cold Mill AC, 2" wi th Crack Fill and Crack Sealshall be on a Square Foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary for the cold milling of asphalt concrete pavement/aggregate base to depths shown on the plans. The price of this item shall include milling the pavement to be removed, the disposal and hauling of material removed, including pavement fabric (as applies), cleaning and filing cracks and preparing cracks for overlay as described herein, all debris, traffic control as described herein, scarification and re-compaction of exposed base/subgrade in ar eas where entire pavement section is removed, removal of unsuitable subgrade mate rial as directed by the Engineer, native- material, and grindings from cold milling on the job site, and incidentals for doing the work involved in cold milling asphalt concrete surfaces as defined in Section 404, and no further compensation will be allowed therefore.

COLD MILL AC AND FABRIC, 2" WITH CRACK FILL AND CRACK SEAL – BID ITEM # A-45;
COLD MILL AC AND FABRIC, 2.5" WITH CRACK FILL AND CRACK SEAL - BID ITEM # A-46:

A. GENERAL
Subsection 404, “Cold Milling,” of the Standard Specifications is supplemented by the following:

Cold milling shall be a variable or constant depth cut for the various widths of cold millings called for on the plans. Variable depth and uniform depth cold milling shall be included under the same bid item based on the depth noted in the bid item.

All pavement fabric shall be removed and disposed as part of this bid item, regardless of depth.

All cold milling shall conform to the det ails shown on the plans and these Special Provisions. All temporary striping required after cold milling operations shall be installed per DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

City Standards. All required tem porary striping shall be considered paid for under the bid item for Traffic Control. No additional compensation will be allowed.

The Contractor shall be responsible fo r furnishing, placing and maintaining barricades and lights as necessary to protect the public from danger due to the work being done. The machine used for cold planning sha ll have performed satisfactorily on similar work and meet the following requirements:

The Planing Machine shall be specially des igned and built to perform cold planning of bituminous pavement with the ability to plane concrete patches and remove existing pavement fabric. The cutting drum shall be a minimum of sixty (60”) inches wide with carbide tip cutting placed in variable lacing patterns to provide various finishes. The machine shall be capable of operation at speeds ranging from 0 to 40 FPM. It shall be self-propelled and have a water spray at the cutting drum to minimize dust. The machine shall be capable of removing the material next to the gutter of the pavement being reconditioned and so designed and the operator thereof can at all times obser ve the planning operation without leaving the controls. The cutting drum shall be adjustable as to slope and shall deep cut in one pass a maximum of three (3”) inches without producing fumes or smoke.

Ski arms are only required in areas where the milled surfaces will be overlaid and not fully reconstructed. Ski arms to improve smoothness of grinding oper ations are required with a minimum 30 foot long arm.

The Contractor shall provide a smaller ma chine to trim areas inaccessible to the larger machine at manholes, curb returns and intersections. The smaller machine shall be equipped with a twelve (12”) inch wide cutting drum mounted upon a three (3) wheel chassis allowing it to be positioned without interrupting traffic and pedestrian flow.

During the operation the Contractor s hall sweep the street with mechanical equipment and remove all loose material from planed areas. In addition, all existing asphalt/slurry buildup on the concrete gutter shall be removed and the cost thereof shall be included in the unit price of cold plaining cost, no additional compensations shall be paid.

The Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling with water or other means as necessary.

Residue from grinding shall not be permitted to flow or travel into gutters, onto adjacent street surfaces or parkways. All residues shall be completely removed by a vacuum sweeper and properly dis posed. Sweeping is to take place immediately after the grinding has been completed and as directed by the Engineer. No washing of any residue into gutters and/or drainage structures shall be allowed. The Contractor shall cover and protect all storm drain inlets prior to the start of cold milling operations.

All pavement transitions and temporary striping/markings shall be in place prior to the opening of a lane for traffic. Any pavement gr ade differential between adjacent lanes that will, with the permission of the Engineer, remain during non-working hours shall be indicated with the appropriate warning signage.

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Cold mix A.C. shall be placed and mainta ined at the interfac e between milled and non-milled areas to eliminate the hazard caused by sudden elevation differences, especially in pedestrian path of travel areas adjacent to wheelchair ramps, and shall be removed prior to placement of surface course pavement.

The Contractor shall provide access and detours at all times for pedestrian facilities when cold milling. The Contractor is to notify the Engineer at least two (2) working days prior to and immediately after the cold mill operat ions so that observations and measurements may be made of areas before the placement of permanent asphalt.

Existing pavement thicknesses, as measured by the City’s geotechnical investigation, have been provid ed on the plans and in these sp ecifications for reference purposes only. It shall be the contractor’s re sponsibility to verify the existing pavement thickness and to adjust field operations accord ingly in order to pr operly construct the proposed improvements.

B. PHASING REQUIREMENTS
Final paving shall occur within 3 working days of the cold milling operations on all streets where the pavement is to be overlaid and not reconstruc ted, unless approved by the Engineer.

In areas where the pavement is to be reconstr ucted, traffic will not be allowed to drive on cold milled surfaces, unless approved by the Engineer. The cold milling shall be done in phases.

C. CRACK SEAL & WEED ABATE
Crack seal and weed abatement are not required in areas where the pavement is to be reconstructed.

Also included under this bid item will be the weed abatement and crack sealing of the milled asphalt pavement surface. After the milling operations and prior to placing the asphalt surface course, all cracks great er than or equal to ¼ inch in width shall be routed and cleaned of existing vegetat ion via use of high pressure air, sprayed with soil sterilant and filled with crack filler. The pavement surface should be warm, dry and free of any dust, dirt and deleterious material before applying the crack sealant.

In areas where an asphalt concrete leveling course is specified, existing cracks or holes 1/4 inch or larger shall be cleaned of all debris and vegetation. Filling of these cracks and holes shall be accomplished by constructing the leveling course as specified elsewhere herein.

In areas where an asphalt concrete leveling course is not specified, existing cracks or holes, 1/4 inch or larger , shall be cleaned and filled or repaired wit h liquid asphalt, cold mix, hot mix or as directed by the Engineer. Existing cracks smaller than 1/4 inch shall be cleaned of vegetation only.

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Cleaning of cracks or holes shall be by power brooming, compressed air or other approved methods.

Crack preparation, sealing, and weed abatement will be included in the various items of work, and no additional compensation will be allowed therefore.

D. MEASUREMENT & PAYMENT
Measurement & Payment for Cold Mill AC and Fabric, 2" with Crack Fill and Crack Seal; Cold Mill AC and Fabric, 2.5" with Crack Fill and Crack Seal shall be on a Square Foot (SF) basis and shall include furnishi ng all labor, equipment, tools and materials necessary for the cold milling of asphalt concrete pavement to depths shown on the plans. The price of this item shall incl ude milling the pavement to be removed, the disposal and hauling of materi al removed, including pavement fabric, crack and weed abatement (where applicable), all debris, traffic control as described herein, and grindings from cold milling on the job site, and incidentals for doing the work involved in cold milling asphalt concrete surfaces as defined in Section 404, and no further compensation will be allowed therefore.

CONSTRUCT 4" AC, B2-PG 64-10 – BID ITEMS # A-47, AA7-12, AA8-25; CONSTRUCT 2" AC, B2-PG 64-10 – BID ITEMS # A-48, AA4-2:

All street to street remob ilizations and demobilization work shall be included in the bid items in this section and no additional payment will be allowed.

A. TACK COAT
Section 302-5.4 “Tack Coat” of the Standard Specifications are supplemented by the following:

A tack coat shall be applied uniformly upon the existing pavement planes and joints, gutters, inlets, manholes, etc. prior to placing the asphalt concrete. The tack coat shall be SS-1h emulsified asphalt per Section 203-3. T he surface to be covered shall be free of water, foreign material, vegetation or dust before application of the tack coat.

The area to which tack coat has been applied s hall be closed to public traffic. Care shall be taken to avoid tracking tack material onto existing pavement surfaces beyond the limits of construction. Existing striping and pavement markings which have been tacked with tack coat shall be repainted at the Contractor’s expense. Certain driveways which are heavily used during hours of construction as determined by the Engineer, shall remain open as long as possible, and tack shall be applied to areas along said driveways as soon as possible before the asphalt is placed, or th e Contractor may prov ide some means of protecting the tack coat while traffic passes over it. The means of protection shall be utilized only after approval by the Engineer.

The Contractor shall clean existing concre te and asphalt surfaces of any tack coat tracked onto them, to the satisfaction of the Engineer.

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

A tack coat shall be applied between each course of paving regardless of when the previous course of asphalt was laid. The contractor shall not be allowed to omit the tack coat for any circumstance unless approved by the Engineer.

B. ASPHALT CONCRETE PAVEMENT
Section 302-5, "Asphalt Concrete Pavem ent," of the Standard Specifications is supplemented by the following:

The asphalt concrete base course shall be B2-PG 64-10.

The asphalt concrete surface course, wher e not specified as ARHM or FRARHM, shall be Class C2-PG 64-10.

Existing pavement markers shall be removed flush with the existing pavement prior to constructing asphalt concrete pavement.

Where asphalt concrete pavement is designated to be constructed on existing aggregate base, the existing base shall be compacted and graded in accordance with Subsection 301-2.3, "Compacting," of the Standard Specifications.

The asphalt concrete pavement shall be spread with a self-propelled mechanical spreading and finishing machine.

The Contractor shall have sufficient workers and equipment necessary to accomplish proper placement and compaction of the asphalt c oncrete pavement to the satisfaction of the Engineer.

Ski arms to improve smoothness of pavi ng operations are required on all paved streets with a 30 foot minimum length arm for paving.

C. MEASUREMENT & PAYMENT
Measurement & Payment for Construct 4" AC, B2-PG 64-10; Construct 2" AC, B2-PG 64-10 shall be on a Per Ton (TON) basis and shall be measured by tallying the total material delivered to the site per certified material tickets and subtracting any spoil/un- qualified asphalt from the total figures as agreed to in the field based on the day’s operations.

This work item shall include furnishing a ll labor, equipment, tools and materials necessary for the surface preparation, certified weigh tickets, and incidentals and for doing all the work involved, including furnishing, application of tack coat to all exposed surfaces, paving of the asphalt concrete, protection of the paved surface, traffic control and all incidentals for doing the work involved in asphalt concrete paving as defined in Section 302-5, and no further compensation will be allowed ther efore. Asphalt concrete used for slot paving, temporary asphalt ramping, and any other source ot her than the pavement overlay/base paving locations shall not be included in this bid item.

CONSTRUCT 2" FRARHM – BID ITEMS # A-49, AA1-1, AA5-2, AA6-2, AA7-13, AA8-26; CONSTRUCT 2.5" FRARHM – BID ITEM #A-50
DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

These Bid Items consists of supplying and placing Fiber Reinforced Asphalt Rubber Hot Mix Pavement or Asphalt Rubber Hot Mix Pavement in accordance with the provisions of Sections 203-11 and 302-9, “Asphalt Rubber Hot Mix (ARHM)” and “Asphalt Rubber Hot Mix (ARHM)” of the Standard Specifications except as modified herein, and to the lines and grades necessary to complete construction. The CONTRACTOR shall also adhere to the CalRecyle Procedures and Requirements as described in the Special Technical Provisions.

The pavement surface course shall be Asphalt Rubber Hot Mix Gap Graded (ARHM-GG-C) Section 203-11.2, “Materials”: The following is hereby added to the section for FRARHM:

The fiber-reinforced asphalt rubber hot mix (FRARHM) shall include t he submittal of a manufacturer’s Certificate of Compliance stating the material authenticity and properties for review and acceptance by the Engineer before using the material; storage of fibers in a dry environment and not allowed to be in contac t with moisture; adding FORTA-FI asphalt reinforcement fibers into the asphalt rubber hot mix at a rate of 1 pound per ton of asphalt in accordance with the manufacturer’s recommendations; adding fibers at the plant either manually or through specialized equipment that can accurately proportion or metered by weight; the proper amount per batch for batch plants, or continuously and in a steady uniform manner for drum plants.

In addition, the CONTRACTOR shall list all CONTRACTORS and subcontractors that supplied rubberized asphalt materials for the project. For each CONTRACTOR and subcontractor include the following information (see Special Technical Provisions):
a) Name of Firm
b) Contact person
c) Address
d) Concise statement of work completed
e) Time period in which the work was completed
f) Amount paid

FORTA-FI
® HMA Physical Properties:

Materials ................................................................. Virgin Polyolefin/Aramid Length ....................................................................................... 3/4” (19mm) Form ........................................... Twisted Fibrillated & Monofilament Fibers Color ............................................................................... Yellow, Black, Tan Specific Gravity .............................................................................. 0.91/1.44 Acid/Alkali Resistance .......................................................................... Inert Tensile Strength .................................................. 70,000 p.s.i./400,000 p.s.i.

Melt Temperature ........................................ 212oF / 800oF (100oC / 427oC) Furnish with the mix design submittal certified test data for the fibers to be used on the project.

Section 203-11.3, “Composition and Grading”: Delete the first paragraph and replace with the following for FRARHM:

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Asphalt-rubber hot-mix gap grade d surface course shall be Fiber-Reinforced ARHM-GG-C ½” PG 64-16 when indicated on the plans and shall conform to the requirements of this section, Table 203-11.3(A), and Section 302-9. The asphalt bi nder to be mixed with the mineral aggregate shall be paving asphalt conforming to the Performance Grade specifications of Section 203- 1. Binder material not meeting the minimum 300 pounds (equivalent to 15 percent by we ight) of California waste tire- derived crumb rubber per ton of rubberized binder shall not be accepted. The grading of t he combined aggregates for rubberized asphalt concrete shall conform to t he requirements of Sect ion 203-11.2.4. The total pounds of crumb rubber per ton of FRARHM per street shall be carefully documented by the CONTRACTOR and submitted to the Inspector along with the certified weight tickets.

Section 203-11.4, “Mixing Asphalt and CRM”: The following is hereby added to the section for FRARHM:

Fiber Reinforcement shall be FORTA-FI, or Agency approved equal. Contact the Acceptance Testing Laboratory 48 hours before producing test asphalt. Prior to the start of full production, produce a test batch of fiber asphalt concrete to demonstrate to the Laboratory how the fibers will be introduced and mixed into the asphalt concrete. Achieve satisfactory results before beginning full production. If during production an unsatisfactory mix is produced, cease production until a satisfactory test batch, as described herein, is produced.

When a batch plant is used, adding fiber per the manufacturer’s recommendation to the heated aggregate prior to introduction of the asphalt binder or to the aggregate in the weigh hopper, and increasing both dry and wet mixing times ensure that the fiber is uniformly distributed before the injection of asphalt cement into the mixture. Mix the aggregate and fibers dry for a minimum of 10 seconds after introduction of t he fibers. The Laborator y may increase this mixing time, if satisfactory results are not obtained.

When a drum mix type plant is used, contact Forta Corporatio n for assistance with quality control of fiber loading. Inject fibers through the RAP collar by placing 1-pound bags of fibers on the RAP belt or by feeding them through a bl ower tube and feeding of fibers with the rate the plant is producing asphalt mix per the Specifications.

Fibers
Use Forta-Fi fibers supplied by:

FORTA Corporation
100 FORTA Drive
Grove City, PA 16127
(800) 245-0306
www.fortacorp.com
www.forta-fi.com
All work shall be incidental to the cost of the applicable asphalt concrete pay item.

Subsection 302-5.3, “Prime Coat”: The following hereby replaces section:

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Prime Coat will be required and unifo rmly applied at a rate of 0.10 gallons per square yard.

Prime Coat material shall be Grade SC-250 liquid asphalt in accordance with Section 203-2.4.

Subsection 302-5.4, “Tack Coat”: The following hereby amends the first sentence:

Tack Coat shall be required and uniformly applied to hard-surf aced pavement including the vertical portions of all A.C. and P.C.C. surfaces to be joined. Tack coat material shall be Grade SS-1h emulsified asphalt. Tack coat shall be applied at a rate of 0.05 gallons per square yard.

The tack coat shall be applied only so far in advance of paving or surfacing as ordered by the Engineer.

The CONTRACTOR shall join all gutter lips such that the finished surface course is three- eighths (3/8”) inches above the gutter lip. Ski arms shall be required on all paving operations greater than 30 foot wide segments.

Subsection 302-9.4, “Rolling”: The following is hereby added to the first paragraph:

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

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

Coverage shall be as many passes as are necessa ry to cover the entire width being paved.

Overlap between passes during any coverage made to ensure compaction without displacement of material in accordance with good rolling practice shall be considered a part of the coverage being made and not part of a subsequent coverage.

Subsection 302-5.7, “Joints”: The following is hereby added to the first paragraph:

Joint lines between successive runs shall be on lane lines.

Measurement & Payment for Construct 2" FRARHM; Construct 2.5" FRARHM shall be on a Per Ton (TON) basis and shall be measured by tallying the total material delivered to the site per certified material ti ckets and subtracting any spoil/ un-qualified asphalt from the total figures as agreed to in the field based on the day’s operations.. Certified weigh tickets shall be submitted at the end of each delivery day to the Engineer for all Fiber Reinforced Asphalt Rubber Hot Mix pavement incorporated into the work. The measurement and payment for 2” or 2.5” Fiber Reinforced Asphalt Rubber Hot Mi x will be made at the c ontract unit price per ton in accordance with the provisions in Subsection 302-9.8, "Measurement" and Subsection 302-9.9, “Payment” of the Standard Specifications, these prov isions, and as indicated in the Bid Sheets unless identified by another bid item within these specifications and no additional compensation will be allowed
REMOVE AND REPLACE AC BERM – BID ITEMS # AA2-14;
REMOVE AND REPLACE 4" AC DWY – BID ITEMS # AA2-15:

DRAFT

City of Pomona – Multi-Neighborhood Pedestrian and Bicycle Improvements, 428-67930 Gentry Bros., Inc.

Section 300-2, "Unclassified Excavation ," of the Standard Specifications is supplemented by the following:

Unclassified excavation shall also include salvaging clean excavated material, filling areas to the required grade and cross-section, compacting fill material, and subgrade preparation, as directed by the Engineer.

300-2.2 Unsuitable Material

Bituminous Pavement and Concrete removals shall be saw-cut at the designated lines of removal shown on the Plans or as designated by the Engineer.

300-2.6 Surplus Material

All surplus materials shall be disposed of in a legal manner at the Contractor's expense.

Unclassified excavation shall include s ubgrade preparation and the removal and disposal of the existing r oadways to the required subgrade, including asphalt concrete, aggregate base, Portland cement concrete (reinforced or not); cement/lime treated material; macadam; slurry backfill; Petromat/pavement re inforcing fabric; or other materials which may be encountered within the proposed roadway structural sections.

All asphalt concrete pavement shall conform to Subsection 203-6, “Asphalt Concrete” of the Standard Specifications and all asphalt concrete pav ement shall be constructed in accordance with Subsection 302-5, “Asphal t Concrete Pavement” of the Standard Specifications as modified herein, and to the lines and grades indicated in the project plans.

The CONTRACTOR shall furnish to the City r eports from the supplier certifying that the asphalt pavement materials and proportions comply with the designated classifications for asphalt concrete pavement as required herein, or as directed by the Engineer.

Tack Coat shall be required and uniformly applied to existing hard-surfaced pavement including the vertical portions of all A.C. and P.C.C. surfaces to be joined.

Four-inch and greater thickness pavement shall be laid in two courses. The asphalt concrete pavement shall conform to the following specifications:

Applicability Asphalt Type

4” Asphalt Concrete Pavement B2-PG 64-10

Subsection 302-5.41, “Tack - Less”:

Tack coat material shall be Grade SS-1h emulsified asphalt. Tack coat shall be applied at a rate of .05 gallons per square yard.

Subsection 302-5.6, “Rolling”: The following is hereby added to the first paragraph:

DRAFT