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TSR Construction and Inspections-2020-05 2020-05 PUBLIC WORKS AGREEMENT By and Between ' - CITY OF GRAND TERRACE and TSR CONSTRUCTION AND INSPECTIONS 01247.0006/634563.2 elects the Consultant's proposal to perform a project-specific Task Order, the Task Order's Scope of Work/Services or the Notice to Proceed, or both, shall provide the detailed schedule of performance. III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2. 01247.0006/656770.2 7/9/2020 D-1 John Chesworth, Construction Manager/Inspector O. Jesse Isaac, Construction Manager/Inspector 01247.0006/656770.2 7/9/2020 A-5 MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247.0006/656677.2 7/9/2020 A-6 AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND TSR CONSTRUCTION AND INSPECTIONS This AGREEMENT FOR PUBLIC WORKS SERVICES (herein "Agreement") is made and entered into this 28th day of April, 2020 by and between the City of Grand Terrace, a California municipal corporation ("City") and TSR Construction and Inspections, a California corporation ("Contractor"). City and Contractor may be referred to, individually or collectively, as "Party" or"Parties." RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement,was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW,THEREFORE,in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. WORK OF CONTRACTOR 1.1 Scope of Work. In compliance with all terms and conditions of this Agreement,the Contractor shall provide those services specified in the "Scope of Work" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the"services" or"work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this -1- I1 ,I1 Ml14/.2Ac41 ecutors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 01247.0006/656770.2 7/9/2020 -18- 7.9 Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656770.2 7/9/2020 -15- reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 -12- Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Bid Documents. The Scope of Work shall include the"General Provisions"and"Special Provisions" in the bid documents for the project entitled "Mt. Vernon Avenue Corridor Intersection Improvement Project" ("Project"), including any documents, addenda, or exhibits referenced therein (collectively, "bid documents"), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Compliance with California Labor Law. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request.By initiating any work under this Agreement,Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776,which requires Contractor and each subcontractor to:keep -2- nI-)n7 Mnu/414cA17 , 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 01247.0006/656770.2 7/9/2020 -15- reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 -12- accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6,and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty(60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the Labor Code.Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty(40)hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1'A) times the basic rate of pay. (h) Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Contractor's Authorized Initials C. 2. (i) Contractor's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code, and shall make such compliance a requirement in any contract -3- ni1A7 nnnuczncrz l 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 01247.0006/656770.2 7/9/2020 -15- reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 -12- with any subcontractor for work under this Agreement. Contractor shall take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. (a) By executing this Agreement, Contractor warrants that Contractor (i)has thoroughly investigated and considered the scope of work to be performed, (ii)has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing,prior to commencement of services hereunder. (b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder. (c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ,or do involve hazardous waste,and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement. (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set,but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided -4- (11217 nnnu/c1AcA1') n, taking depositions and discovery and all other necessary costs 01247.0006/656770.2 7/9/2020 -15- reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 -12- either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. (e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement. 1.7 Protection and Care of Work and Materials. The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment,materials,papers,documents,plans,studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property,until acceptance of the work by City, except such losses or damages as caused by City's own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not,without City's consent, assign, sell,mortgage,hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. 1.8 Warranty. Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten(10)days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation,redesign,repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal,replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') i Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 1.9 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement.Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.10 Additional Work and Change Orders. (a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work.No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor ("Change Order"). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to twenty-five percent(25%) of the Contract Sum; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City,may be approved by the Contract Officer.Any greater increases,taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit"C". If the rates in the Schedule of Compensation do not cover the type of work in the Change Order,the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows: (i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted. (ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order.The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of -6- n1747 MM/i1AGI ) guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') equipment, size, identification number, and hours of operation, including loading and transportation,if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City's sole and absolute discretion, waive the Contractor's rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.11 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the"Special Requirements" attached hereto as Exhibit`B"and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this Agreement, the provisions of Exhibit`B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation,including reimbursement for actual expenses, shall not exceed Two Hundred Fifty Nine Thousand Three Hundred Fifty Dollars ($259,350) (the"Contract Sum"),unless additional compensation is approved pursuant to Section 1.10. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii)payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance,or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, -7- (117A7 Ml14/A14c(.Z 7 d equipment costs for the work under the Change Order.The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of -6- n1747 MM/i1AGI ) guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit"C", and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person. City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor's correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in -8- nl1/17 11(1nl./g14 G41 sed; type of -6- n1747 MM/i1AGI ) guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including,but not restricted to, acts of God or of the public enemy,unusually severe weather,fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation,and/or acts of any governmental agency,including the City,if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified.The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Inspection and Final Acceptance. City may inspect and accept or reject any of Contractor's work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor's work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City's acceptance shall be conclusive as to such work except with respect to latent defects,fraud and such gross mistakes as to amount to fraud.Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including,but not limited to,Articles 1 and 5,pertaining to warranty and indemnification and insurance, respectively. 3.5 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit"D"). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Contractor. The following principals of Contractor ("Principals") are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Gabriel Zapirtan President -9- /117A7 Ml1�/41Acc2'7 the time period(s) established in -8- nl1/17 11(1nl./g14 G41 sed; type of -6- n1747 MM/i1AGI ) guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') (Name) (Title) (Name) (Title) (Name) (Title) It is expressly understood that the experience,knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement,prior to and during any such performance. 4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, -10- n1')n7 Ml1�/4ZAGAZ the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Gabriel Zapirtan President -9- /117A7 Ml1�/41Acc2'7 the time period(s) established in -8- nl1/17 11(1nl./g14 G41 sed; type of -6- n1747 MM/i1AGI ) guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') mode or means by which Contractor,its agents or employees,perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain,at its or Contractor's expense,such licenses,permits,registrations and approvals(including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,without the prior written approval of City.Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance Coverages. Without limiting Contractor's indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement,policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury,personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO"insured contract"language will not be accepted. (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and -11- !ll')A'7 Ml1f/A14c,1 7 In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than$1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least$1,000,000). (e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit"B". 5.2 General Insurance Requirements. (a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium -12- n i nn 7 nnr A/41A C,z e form CA 00 01 covering bodily injury and -11- !ll')A'7 Ml1f/A14c,1 7 In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers,officials,employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (1) Separation of insureds. A severability of interests provision must apply for -13- Ill')n 7 Ml1g/41A G41') !ll')A'7 Ml1f/A14c,1 7 In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subcontractors and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. (n) Agency's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City,its officers, employees and agents("Indemnified Parties")against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein"claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable("indemnitors"), or arising from Contractor's or indemnitors' reckless or willful misconduct,or arising from Contractor's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with -14- (11')4 7 lllln4/lzn GfZ') 41') !ll')A'7 Ml1f/A14c,1 7 In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor,agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same. Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions,but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. 5.4 Notification of Third-Party Claims. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification. 5.5 Performance and Labor Bonds. Concurrently with execution of this Agreement Contractor shall deliver to the City, the following: (a) A performance bond in the amount of the Contract Sum of this -15- n�7A7 Mn4/4ZAS42 nnection therewith: (a) Contractor will defend any action or actions filed in connection with -14- (11')4 7 lllln4/lzn GfZ') 41') !ll')A'7 Ml1f/A14c,1 7 In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') Agreement, in the form provided by the City Clerk,which secures the faithful performance of this Agreement. (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement. Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement. 5.6 Sufficiency of Insurer or Surety. Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager. 5.7 Substitution of Securities. Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor. 5.8 Release of Securities. City shall release the Performance and Labor Bonds when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise -16- (111/17 nnnf/azn641 5.5 Performance and Labor Bonds. Concurrently with execution of this Agreement Contractor shall deliver to the City, the following: (a) A performance bond in the amount of the Contract Sum of this -15- n�7A7 Mn4/4ZAS42 nnection therewith: (a) Contractor will defend any action or actions filed in connection with -14- (11')4 7 lllln4/lzn GfZ') 41') !ll')A'7 Ml1f/A14c,1 7 In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') as required by applicable law. ARTICLE 6. RECORDS,REPORTS,AND RELEASE OF INFORMATION 6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor's business, custody of the books and records may be given to City, and access shall be provided by Contractor's successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk -17- m/41 nnn4/A1AC�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein.All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 6.4 Confidentiality and Release of Information. (a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney,voluntarily provide documents, declarations,letters of support,testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Contractor's conduct. (d) Contractor shall promptly notify City should Contractor,its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal -18- m�n�nnn�iczn«z 1 m/41 nnn4/A1AC�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes. (a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty(30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative,the City may,in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than$375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any -19- (11147fl f /414641'7 C�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Two Hundred Fifty Dollars ($250.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit"D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause.The City reserves the right to terminate this Contract at any time,with or without cause,upon thirty(30)days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City,the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of -20- ni)n1 n11114/g2AGgz -19- (11147fl f /414641'7 C�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 7.11 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all rights,title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or -21- n 17n 7 nnfI/t1A G�1 7 of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of -20- ni)n1 n11114/g2AGgz -19- (11147fl f /414641'7 C�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement,no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation,partnership or association in which he is, directly or indirectly, interested,in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself; its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. 8.4 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing -22- n17A7 nnr14/c1ncA1 7 City shall be personally liable to the Contractor, or -21- n 17n 7 nnfI/t1A G�1 7 of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of -20- ni)n1 n11114/g2AGgz -19- (11147fl f /414641'7 C�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Road, Grand Terrace, California 92313, and in the case of the Contractor,to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any,between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official,officer,or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation,partnership, or association in which(s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly -23- (117A 7 Ml1A/c1A c1.1 1 e personally liable to the Contractor, or -21- n 17n 7 nnfI/t1A G�1 7 of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of -20- ni)n1 n11114/g2AGgz -19- (11147fl f /414641'7 C�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Contractor's Authorized Initials 6. ?, 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -24- n17A7 nfl /I Acl2') modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official,officer,or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation,partnership, or association in which(s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly -23- (117A 7 Ml1A/c1A c1.1 1 e personally liable to the Contractor, or -21- n 17n 7 nnfI/t1A G�1 7 of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of -20- ni)n1 n11114/g2AGgz -19- (11147fl f /414641'7 C�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of G d Terrace, a municipal corporation G. Harold f y, Citykager EST: Debra Tho as, ity Clerk APPROVED AS TO FORM: ALESHIRE &WYN R, LL 44L Adrian R. Guerra, City Attorney CONTRACTOR: TSR Construction and Inspection, a California corporation By: Name: Gabriel Zapirtan Title: President By: Name: Title: Address: 8264 Avenida Leon Rancho Cucamonga, CA 91730 Two corporate officer signatures required when Contractor is a corporation,with one signature required from each of the following groups: 1)Chairman of the Board,President or any Vice President; and 2)Secretary,any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -25- h 11A 7!Vl/1!./,1A G41 1 . The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -24- n17A7 nfl /I Acl2') modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official,officer,or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation,partnership, or association in which(s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly -23- (117A 7 Ml1A/c1A c1.1 1 e personally liable to the Contractor, or -21- n 17n 7 nnfI/t1A G�1 7 of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of -20- ni)n1 n11114/g2AGgz -19- (11147fl f /414641'7 C�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that STATE OF CALIFORNIA COUNTY OF SAN BERNARDINOn Falk On /'��2020 before me v'► "'6�4gcsonall a ' eared C:ul1le' 2 iP((roved to me on Play`"l S. , p Y pp I f , p the basis of satisfactory evidence to be the person(s)whose names(s)is/are subscribed to the within instrument and acknowledged to me that e she/they executed the same it ii /her/their authorized capacity(ies), and that by his her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JASON G. THOMAS WITNESS my hand and official seal. thriariONIN Notary Public-California a � , San Bernardino County v ed z Commission#2155504 Signature: -� 1 MtComm.Exeires Jun 27,2020 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01247.0006/634563.2 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official,officer,or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation,partnership, or association in which(s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly -23- (117A 7 Ml1A/c1A c1.1 1 e personally liable to the Contractor, or -21- n 17n 7 nnfI/t1A G�1 7 of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of -20- ni)n1 n11114/g2AGgz -19- (11147fl f /414641'7 C�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') EXHIBIT "A" SCOPE OF WORK I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the "General Provisions" and "Special Provisions" included in the bid documents for the project entitled the"Mt.Vernon Corridor Intersection Improvement Project" including any documents, addenda, or exhibits referenced therein. Such bid documents shall include, but not be limited to, the bid specifications and documents contained in Exhibit"A-1." II. Brief description of the work to be performed: i. TRAFFIC CONTROL ii. SAWCUT FOR ASPHALT/ CONCRETE iii. REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "A" iv. REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "C" v. SAWCUT AND REMOVE PAVEMENT, RECONSTRUCT FULL DEPTH ASPHALT THICKNESS 12" vi. SAWCUT AND REMOVE 1' WIDE STRIP AC, RECONSTRUCT FULL DEPTH ASPHALT THICKNESS 12" vii. 4" THICK PCC SIDEWALK OVER 6" CMB viii. REPLACE PULLBOX ix. INSTALL CALTRANS HIGHER VISIBILITY CROSS WALK (LADDER TYPE)) x. INSTALL OVERSIZE STOP SIGN xi. INSTALL FLASHING STOP SIGN xii. REMOVE EXISTING STRIPING xiii. INSTALL NEW STRIPING AND WORD MARKING xiv. REMOVE EXISTING FLASHING WARNING LIGHTS xv. INSTALL DETECTABLE WARNING SURFACE xvi. INSTALL SOLAR STREET LIGHT 01247.0006/634563.2 A-1 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01247.0006/634563.2 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official,officer,or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation,partnership, or association in which(s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly -23- (117A 7 Ml1A/c1A c1.1 1 e personally liable to the Contractor, or -21- n 17n 7 nnfI/t1A G�1 7 of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of -20- ni)n1 n11114/g2AGgz -19- (11147fl f /414641'7 C�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') xvii. INSTALL SOLAR RADAR SPEED FEEDBACK xviii. REMOVE EXISTING STOP SIGNS xix. INSTALL SOLAR RADAR SPEED FEEDBACK(Additive Item) III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering status reports as may be required by the City from time to time. IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. 01247.0006/634563.2 A-2 Services 01247.0006/656677.2 7/9/2020 A-6 EXHIBIT "A-1" BID SPECIFICATIONS AND DOCUMENTS GENERAL PROVISIONS SECTION 1 - DEFINITIONS AND ABBREVIATIONS 1.1 CITY The word "City" shall mean the City of Grand Terrace named in the Contract Documents. 1.2 ENGINEER The word "Engineer" shall mean the Director of Public Works or individual authorized by the City to oversee the execution of this Contract, acting either directly or through properly authorized agents, each agent acting only within the scope of authority delegated to him by the Engineer. 1.3 CONTRACTOR The word "Contractor" shall mean the party entering into Contract with the City for performance of the work called for in these specifications and shown on the drawings, including the Contractor's authorized agents. 1.4 SUBCONTRACTOR The word "Subcontractor" shall mean any person, firm, or corporation entering into agreement with the Contractor for performance at the site of the work, of any part of the Contractor's obligation under the Contract. 01247.0006/634563.2 A-3 ER 6" CMB viii. REPLACE PULLBOX ix. INSTALL CALTRANS HIGHER VISIBILITY CROSS WALK (LADDER TYPE)) x. INSTALL OVERSIZE STOP SIGN xi. INSTALL FLASHING STOP SIGN xii. REMOVE EXISTING STRIPING xiii. INSTALL NEW STRIPING AND WORD MARKING xiv. REMOVE EXISTING FLASHING WARNING LIGHTS xv. INSTALL DETECTABLE WARNING SURFACE xvi. INSTALL SOLAR STREET LIGHT 01247.0006/634563.2 A-1 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01247.0006/634563.2 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official,officer,or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation,partnership, or association in which(s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly -23- (117A 7 Ml1A/c1A c1.1 1 e personally liable to the Contractor, or -21- n 17n 7 nnfI/t1A G�1 7 of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of -20- ni)n1 n11114/g2AGgz -19- (11147fl f /414641'7 C�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') 1.5 CONTRACT The word "Contract" shall mean the Contract Documents and shall include the written Agreement entered into by the City and the Contractor for the performance of work described in the specifications and shown on the Drawings, together with the Notice Inviting Bids, the Instruction to Bidders, the Proposal, the Information Required of Bidder, the Specifications, the Drawings, all addenda issued by the City with respect to the foregoing prior to the opening of bids, and all change orders issued by the City and signed by the Contractor pertaining to the Contract after the Contract is awarded. 1.6 SPECIFICATIONS The word "Specifications" shall mean the General Conditions of the Contract and the Special Provisions of the Contract, together with all addenda and change orders issued with respect thereto. STANDARD SPECIFICATIONS. The work embraced herein shall be done in accordance with the provisions of the Standard Specifications for Public Works Construction, 2015 Edition, commonly known as the "Greenbook", produced by Public Works Standards, Inc. and published by BNI Publications Inc., insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and as modified herein. 1.7 DRAWINGS The words "Drawings" or "Contract Drawings" shall mean those drawings accompanying the Specifications which show the location, nature, extent and form of the work together with applicable details. 1.8 COUNCIL The City Council of the City of Grand Terrace. 1.9 ENGINEERS ESTIMATE The lists of estimated quantities of work to be performed as contained in the Contract Documents. 1.10 INSPECTOR The representative of the Engineer or Director of Public Works who is assigned to inspect conformance of the work in accordance with plans and specifications. 1.11 OVERLAY A supplemental surface course placed on an existing pavement to improve its surface conformation or increase its strength. 1.12 ROADBED That portion of the street included between the outside lines of curbs or paving. 01247.0006/634563.2 A-4 ed invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official,officer,or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation,partnership, or association in which(s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly -23- (117A 7 Ml1A/c1A c1.1 1 e personally liable to the Contractor, or -21- n 17n 7 nnfI/t1A G�1 7 of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of -20- ni)n1 n11114/g2AGgz -19- (11147fl f /414641'7 C�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') 1.13 STANDARD PLANS Standard Detail Drawings of the County of Riverside/San Bernardino and the State Department of Transportation. 1.14 SURFACE COURSE The top layer of pavement (exclusive of open graded A.C.), designed to provide structural values and a surface resistant to traffic abrasion. 1.15 TRAVELED WAY That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes. Where traffic has been diverted or restricted to certain lanes, with the approval of the City Engineer, these diversions or restricted lanes become the traveled way. 1.16 RIGHT-OF-WAY Includes City of Grand Terrace Public Right-of-Way and City of Grand Terrace Public Easements. SECTION 2 - SPECIFICATIONS, DRAWINGS AND RELATED DATA 2.1 INTENT OF SPECIFICATIONS AND DRAWINGS The intent of the Specifications and Drawings is that the Contractor furnish all plans, labor, materials, equipment and services, except as may be specifically noted otherwise, which are required or necessary to fully complete the work. 2.2 SPECIFICATIONS AND DRAWINGS COMPLEMENTARY The Specifications and Drawings are complementary to each other. 2.3 DISCREPANCIES IN SPECIFICATIONS AND DRAWINGS Any discrepancies, errors, or omissions found in the Specifications or Drawings shall be promptly reported to the Engineer who will issue a correction in writing. The Contractor shall not take advantage of any such discrepancies, errors, or omissions, but shall comply with any corrective measures regarding the same prescribed by the Engineer. 2.4 CONFLICTS BETWEEN SPECIFICATIONS AND DRAWINGS In case of conflict between the Specifications and the Drawings, the Specifications shall govern over the Drawings. In cases of conflict between the General Conditions and Special Provisions of the Specifications, the Special Provisions shall govern over the General Conditions. 2.5 SHOP DRAWINGS (a) Wherever called for in these Specifications or on the Drawings, or where required 01247.0006/634563.2 A-5 . 01247.0006/634563.2 A-4 ed invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official,officer,or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation,partnership, or association in which(s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly -23- (117A 7 Ml1A/c1A c1.1 1 e personally liable to the Contractor, or -21- n 17n 7 nnfI/t1A G�1 7 of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of -20- ni)n1 n11114/g2AGgz -19- (11147fl f /414641'7 C�z r any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') by the Engineer, the Contractor shall furnish to the Engineer for review, 7 prints of each shop drawing. The term "Shop Drawing" as used herein shall be understood to include detail design, calculations, fabrication and installation drawings, lists, graphs, operating instructions, etc. Unless otherwise required, said drawings shall be submitted at a time sufficiently early to allow review of same by the Engineer, and to accommodate the rate of construction progress required under the Contract. (b) All shop drawing submittals shall be accompanied by a letter of transmittal identifying Contractor, fabricator and subcontractor. The Contractor may authorize a material or equipment supplier to deal directly with the Engineer with regard to shop drawings, however, ultimate responsibility for the accuracy and completeness of the information contained in the submittal shall remain with the Contractor. (c) Normally, a separate transmittal shall be used for each specific item or class of material or equipment for which a submittal is required. Transmittal of shop drawings on various items using a single transmittal, will be permitted only when the item taken together constitute a manufacturer's "package" or are so functionally related that expediency indicates review of the group or package as a whole. (d) Within 15 calendar days after receipt of said prints, the Engineer will return prints of each drawing to the Contractor with his comments noted thereon. It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Engineer by the second submission of drawings. The City reserves the right to withhold monies due the Contractor to cover additional costs of the Engineer's review beyond the second transmission. (e) If 3 prints of the drawing are returned to the Contractor marked "NO EXCEPTIONS TAKEN", formal revision of said drawing will not be required. (f) If 3 prints of the drawing are returned to the Contractor marked "MAKE CORRECTIONS NOTED", formal revision of said drawing will not be required. (g) If one print of the drawing is returned to the Contractor marked "AMEND - RESUBMIT', the Contractor shall revise said drawing and shall resubmit 7 copies of said revised drawing to the Engineer. (h) If one print of the drawing is returned to the Contractor marked "REJECTED - RESUBMIT", the Contractor shall revise said drawing and shall resubmit 7 copies of said revised drawing to the Engineer. (I) Fabrication of an item shall not be commenced before the Engineer has reviewed the pertinent shop drawings and returned copies to the Contractor marked either "NO EXCEPTIONS TAKEN", "MAKE CORRECTIONS NOTED" or"AMEND - RESUBMIT". Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Contract Drawings and Specifications and shall not be taken as the basis of claims for extra work. The Contractor shall have no claim for damages or extension of time due to any delay resulting from the Contractor's having to make the required revisions to shop drawings (unless review by the City or said drawings is delayed beyond a reasonable period of time and unless the Contractor can establish that the City's delay in review actually resulted in a delay in the Contractor's construction schedule). The review of said drawings by the City will be limited to checking for general agreement with the Specifications and Drawings, and shall in no way relieve the Contractor of responsibility for errors or omissions contained 01247.0006/634563.2 A-6 non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') therein nor shall such review operate to waive or modify any provision contained in the Specifications or Contractor drawings. Fabricating dimensions, quantities of material, applicable code requirements, and other Contract requirements shall be the Contractor's responsibility. 2.6 REFERENCE TO STANDARDS OR PUBLICATIONS Any reference made in the Specifications or Drawings to any specifications, standard, or publication of any organization shall, in the absence of a specific designation to the contrary, be understood to refer to the latest edition of the specification, standard, or publication in effect as of date of advertising the work. 2.7 REFERENCE TO PROPRIETARY PRODUCTS Where references to proprietary products appear in the Specifications or Drawings, it is for the purpose of establishing an acceptable standard of equality or design. Unless a substitute is expressly prohibited, the Contractor may request approval of a substitute for any such proprietary product. Such request must be in writing and must include descriptive literature, specifications, test reports, or samples, as appropriate, to enable the Engineer to determine the acceptability of the product proposed for substitution. No substitute product shall be used on the work until written approval has been received from the Engineer. 2.8 SPECIFICATION AND DRAWINGS FURNISHED TO THE CONTRACTOR The City shall furnish the Contractor 5 sets of Specifications, together with reduced drawings (if any) and 5 sets of full-scale Drawings. Additional quantities of Specifications and Drawings will be furnished at reproduction cost. SECTION 3 - ENGINEER-CONTRACTOR RELATIONS 3.1 ENGINEER'S AUTHORITY (a) The Engineer will decide all questions which may arise as to the quality and acceptability of materials and equipment furnished, work performed, rate of progress of the work, interpretation of the Specifications and Drawings, and all questions as to the acceptable fulfillment of the Contract by the Contractor. (b) Any difference which may arise between the Contractor and any other contractors also under the surveillance of the Engineer will be arbitrated by the Engineer; however, the Engineer will not arbitrate disputes between the Contractor and his subcontractors. 3.2 RIGHT-OF-WAY (a) Lands or right-of-ways for the work to be constructed under the Contract will be provided by the City as shown on the Drawings. Nothing contained in the Specifications or Drawings shall be interpreted as giving the Contractor exclusive occupancy of the lands or right-of-ways provided. Any additional lands or right-of-ways required for construction operations shall be provided by the Contractor at his own expense. (b) Except as may otherwise be provided, the Contractor shall secure, from the 01247.0006/634563.2 A-7 s changes necessary to meet the requirements of the Contract Drawings and Specifications and shall not be taken as the basis of claims for extra work. The Contractor shall have no claim for damages or extension of time due to any delay resulting from the Contractor's having to make the required revisions to shop drawings (unless review by the City or said drawings is delayed beyond a reasonable period of time and unless the Contractor can establish that the City's delay in review actually resulted in a delay in the Contractor's construction schedule). The review of said drawings by the City will be limited to checking for general agreement with the Specifications and Drawings, and shall in no way relieve the Contractor of responsibility for errors or omissions contained 01247.0006/634563.2 A-6 non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -5- n17n7 nnn(,/AZAc.2') agencies having jurisdiction, the necessary permits to create obstructions, to make excavations if required under the Contract, and to otherwise encroach upon right-of-ways, and present evidence to the owner that such permission has been granted, before work is commenced. Regulations and requirements of all agencies concerned shall be strictly adhered to in the performance of this Contract, including the furnishing of insurance and bonds if required by such agencies. The enforcement of such requirements under this Contract shall not be made the basis for claims for additional compensation. (c) The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline, any telephone, telegraph, or electric transmission line, fence, or any other structure, nor enter upon the right-of-ways involved until notified that the City has secured authority therefore from the proper party. After authority has been obtained, the Contractor shall give said party due notice of his intention to begin work, and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such pipeline, transmission line, ditch, fence, or structure, and for replacing same. The Contractor shall not be entitled to any extension of time or extra compensation on account of any postponement, interference, or delay caused by any such pipeline, transmission line, fence, or structure being on the line of the work except as provided in Section 3.04. 3.3 CONSTRUCTION INTERFERENCES (a) As used in this section, the word "Utility" shall be understood to include tracks, overhead or underground wires, cables, pipelines, conduits, ducts, sewers or storm drains. As used in this Section, the term "Service Connection" shall be understood to mean all or any portion of a pipeline (including sewer house laterals), conduit, wire, cable or duct, including meter, between a utility distribution line and an individual customer, or customers when served by a single service connection. As used in this Section, the term "Construction Interference" shall be understood to include any utility or service connection within the limits of excavation or over excavation required for the work under the Contract as shown or as ordered by the Engineer, or any utility or service connection located in the space which will be required by any of the work under this Contract. (b) In the event any utility or service connection is required to be disturbed or removed to permit construction of a pipeline or other structure under the Contract, such disturbance or removal shall be done only with the approval of the Engineer and following notification to the City of the interfering utility or service connection. Any such utility or service connection removed or otherwise disturbed shall be reconstructed as promptly as possible in its original or other authorized location in a condition at least as good as prior to such removal or disturbance, subject to the inspection of the owner of same. The Contractor's responsibility under this Section to remove or replace shall apply even in the event such damage or destruction occurs after backfilling. The City of the utility or service connection shall be notified immediately after damage or destruction occurs or is discovered. (c) During the performance of the work under this Contract, the City of any utility affected by the work shall have the right to enter when necessary upon any portion of the work for the purpose of maintaining service and of making changes in or repairs to said utility. (d) The Drawings show the approximate positions of known utilities in the immediate vicinity of the work, but the City does not guarantee that all existing utilities are shown. Service connections normally are not shown on the Drawings. The Contractor, before commencing any excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 immediately notify the Engineer of the existence of same. The City will not be liable for any consequences arising as a result of a service connection being incorrectly located in the field by the agency having jurisdiction over said service connection. "--Notwithstanding any provisions to the contrary contained in Section 4215 of the California Government Code, the provisions of which are hereby waived by the Contractor." (e) All costs involved in removing, relocating, protecting supporting, repairing, maintaining or replacing a main trunkline or utility facility which actually constitutes a construction interference, when said utility is not shown with reasonable accuracy as an interference or is omitted from the Drawings, will be paid for by the City as extra work. In such case, the City will also compensate the Contractor for equipment on the project necessarily idled during and by reason of such work. The City's obligation to repair damage to such a facility and to compensate the Contractor for idled equipment shall not extend to damage resulting from the failure of the Contractor to use reasonable care. (f) All costs involved in removing, relocating, protecting, supporting, repairing, maintaining or replacing any utility or service connection other than those described in Subsection (e) herein shall be borne by the Contractor. (g) The Contractor shall not be assessed liquidated damages for failure to complete the work on time to the extent that such delay was caused by failure of connection to authorize or otherwise provide for its removal, relocation, protection, support, repair, maintenance and replacement. (h) The City reserves the right, upon the determination of the actual position of existing utilities, and service connections, to make changes in alignment or grade of the City's pipelines when, by so doing, the necessity for relocation of existing utilities or services connections will be avoided. Such changes will be ordered in writing by the Engineer. Where applicable, adjustment in the Contract price will be on the basis of the unit prices stated in the Bidding Schedule. Where unit prices in the Bidding Schedule are not applicable, adjustment in Contract price will be in accordance with Section 5.02. 3.4 LINES AND GRADES (a) Lines and Grades shall be provided by the City to the extent specified in Special Provisions. (b) The Contractor shall preserve all bench marks, stakes, and other survey marks, and in case of their removal or destruction by his employees, he shall be liable for the cost of their replacement. 3.5 LEGAL ADDRESS OF CONTRACTOR The address given in the form entitled "INFORMATION REQUIRED OF BIDDER" is hereby designated as the place to which all notices, letters, and other communications to the Contractor will be mailed or delivered. The mailing or delivering to said address of any notice, letter, or other communication shall be deemed sufficient service thereof upon the Contractor. The date of such service shall be the date of such mailing or delivery. Said address may be changed at any time by written notice signed by the Contractor and delivered to the Engineer. 3.6 CONTRACTOR'S SUPERINTENDENCE 01247.0006/634563.2 A-9 after damage or destruction occurs or is discovered. (c) During the performance of the work under this Contract, the City of any utility affected by the work shall have the right to enter when necessary upon any portion of the work for the purpose of maintaining service and of making changes in or repairs to said utility. (d) The Drawings show the approximate positions of known utilities in the immediate vicinity of the work, but the City does not guarantee that all existing utilities are shown. Service connections normally are not shown on the Drawings. The Contractor, before commencing any excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 A qualified superintendent, acceptable to the Engineer, shall superintend the work and shall provide competent supervision of the work until its completion. The superintendent shall have full authority to act in behalf of the Contractor, and all directions given by the Engineer to the superintendent shall be considered given to the Contractor. If the superintendent is not present on a part of the work where the Engineer desires to give instructions, such instructions may be given by the Engineer to the foreman in charge of the particular work to which the instructions apply. Such instructions given to a foreman likewise shall be considered given to the Contractor. Such instructions given by the Engineer to the superintendent or to a foreman, when they concern items of substantial importance, will be confirmed in writing. All instructions within the Engineer's authority as specified in Section 3.01. All as provided for in this Subsection of the Standard Specifications except the Contractor shall submit a phone number or numbers where he or his representative may be contacted 24 hours a day, 7 days a week in the event of an emergency. 3.7 PROTESTS If the Contractor considered any work demanded of him to be outside the requirements of the Contract, or if he considers any order, instruction, or decision of the Engineer or of any inspector to be unfair, he shall, immediately upon receipt of such order, instruction, or decision, ask for a written confirmation of the same, whereupon he shall proceed without delay to perform the work or to conform to the order, instruction, or decision satisfactory; but, unless the Contractor finds such order, instruction, or decision satisfactory, he shall within 10 days after receipt of same, file a written protest with the Engineer, stating clearly and in detail his objections and the reasons therefore. Except for such protests or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all round for protests or objections to the orders, instructions, or decisions of the Engineer and hereby agrees that, as to all matters not included in such protest, the orders, instructions and decisions of the Engineer and hereby agrees that, as to all matters not included in such protest, the orders, instructions and decisions of the Engineer will be limited to matters properly falling within the Engineer's authority as specified in Section 3.01. 3.8 INSPECTION AND TESTING (a) All materials furnished and all work performed under the Contract shall be subject to inspection by the Engineer. The Contractor shall be held strictly to the true intent of the Specifications and Drawings in regard to quality to materials, workmanship, and diligent execution of the Contract. Such inspection may include mill, plant, shop or field inspection as required. The Engineer shall be permitted access to all parts of the work, including plants where materials or equipment are manufactured or fabricated, and he shall be furnished with such materials, information and assistance by the Contractor and his subcontractors and suppliers as is required to make a complete and detailed inspection. (b) Work done in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, and the entire cost of removal and replacement, including the cost of all materials shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. 01247.0006/634563.2 A-10 excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 (c) Except as otherwise provided herein, the cost of inspection will be paid by the City. All inspection fees imposed by agencies other than the City shall be paid by the Contractor. (d) The Engineer will make, or have made, such tests as he deems necessary to insure that the work is being accomplished in accordance with the requirements of the Contract. Unless otherwise specified in the Special Conditions, the cost of such testing will be borne by the City. In the event such tests reveal non-compliance with the requirements of the Contract, the Contractor shall bear the cost of such corrective measures deemed necessary by the Engineer, as well as the cost of subsequent retesting. 3.9 ASSIGNMENT FORBIDDEN (a) If the Contractor violates the provisions of Subsection 3.10 (a), the Contract may be terminated at the option of the City. In such event, the City shall be relieved of all liability and obligations to the Contractor, and to his assignee or transferee, growing out of such termination. 3.10 SUBCONTRACTS (a) In the City's discretion, subcontracts may be permitted to such extent as shall be shown to be necessary or advantageous to the Contractor in the prosecution of the work and without injury to the City's interests. The resubletting of the work by a subcontractor shall be subject to the same limitations as an original subletting. Each subcontractor shall be properly licensed for the type of work which he is to perform. (b) A copy of each subcontract, if in writing (or if not in writing, then a written statement signed by the Contractor giving the name of the Subcontractor and the terms and conditions of each subcontract), shall be filed promptly upon the City's request. Each subcontract shall contain a reference to the Agreement between the City and the Contractor, and the terms of that Agreement covered thereby. Each subcontract shall provide for annulment of the same by the Contractor upon written order of the Engineer, if, in the City's opinion, the Subcontractor fails to comply with the requirements of the prime Contract insofar as the same may be applicable to this work. (c) The Contractor shall be responsible to the City for the acts and omissions of his subcontractor and their employees to the same extent as he is responsible for the acts and omissions of his own employees. Nothing contained in this Section shall create any contractual relationship between any subcontractor and the City or relieve the Contractor of any liability or obligation under the prime Contract. 3.11 SUSPENSION OF WORK (a) The City may, by written notice to the Contractor, suspend the work, in whole or in part, for such period or periods as he may deem necessary, due to unsuitable weather, delay in delivery of City-furnished equipment or materials, or such other conditions as are considered unfavorable for prosecution of the work, or failure on the part of the Contractor to carry out the provisions of the Contract or to provide materials or workmanship meeting the requirements of the Specifications. Suspended work shall be resumed by the Contractor within 10 days of receipt from the City of written notice to proceed. (b) The Contractor shall have no claim for damages alleged to have been suffered by 01247.0006/634563.2 A-11 cluding the cost of all materials shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. 01247.0006/634563.2 A-10 excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 reason of any suspension of the work without termination of the Contract, and he shall receive no additional compensation because of any such suspension. 3.12 TERMINATION OF CONTRACT BY OWNER(CONTRACTOR NOT AT FAULT) The City may terminate the Contract upon 10 days written notice to the Contractor, if it is found that reasons beyond the control of either the City of Contractor make it impossible or against the City's interests to complete the work. In such a case, the Contractor shall have no claims against the City except (1) for the value of work performed up to the date the Contract is terminated, and (2) for the cost of materials and equipment on hand, in transit or on definite commitment, as of the date the Contract is terminated, which would be needed in the work and which meet the requirements of the Specifications. The value of the work performed and the cost of the materials and equipment delivered to the site, as mentioned above, shall be determined by the Engineer in accordance with the procedure prescribed for the making of the final estimate and payment as described in Section 5.08. 3.13 Reserved. 3.14 TERMINATION OF CONTRACT BY CONTRACTOR The Contractor may terminate the Contract upon 10 days written notice to the City, whenever (1) the entire work has been suspended in accordance with Section 3.12, for 60 consecutive calendar days through no fault or negligence of the Contractor, and notice to resume work or to terminate the Contract has not been received from the City within this time period; or (2) the City should fail to pay the Contractor any substantial sums due him in accordance with the terms of the Contract and within the time limits prescribed. In the event of such termination, the Contractor shall have no claim against the City except for those claims specifically enumerated in Section 3.13. 3.15 FAILURE TO COMPLY If the Contractor should refuse or neglect to comply with the provisions of the Contract or the orders of the City, the City may have such provisions or orders carried out by others at the expense of the Contractor. 3.16 CONTRACT TIME OF COMPLETION The Contractor shall complete the construction of the work to the satisfaction of the City, in accordance with the Standard Specifications and the Special Conditions. A "Notice to Proceed" will be issued by the City, the date of which shall commence the Contract time. The allotted time for this project is identified within the Term of the Contract. SECTION 4- MATERIALS AND WORKMANSHIP 4.1 SAFEGUARDING OF EQUIPMENT, MATERIALS AND WORK The Contractor shall properly safeguard all equipment, materials, and work against loss, damage, malicious mischief, or tampering by unauthorized persons until acceptance of the work by the City. Locked and covered storage or continuous surveillance by a watchman shall be provided if required to accomplish this purpose. 01247.0006/634563.2 A-12 work, or failure on the part of the Contractor to carry out the provisions of the Contract or to provide materials or workmanship meeting the requirements of the Specifications. Suspended work shall be resumed by the Contractor within 10 days of receipt from the City of written notice to proceed. (b) The Contractor shall have no claim for damages alleged to have been suffered by 01247.0006/634563.2 A-11 cluding the cost of all materials shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. 01247.0006/634563.2 A-10 excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 4.2 NEW MATERIALS AND EQUIPMENT Unless otherwise specified, shown, or permitted by the Engineer, all materials and equipment incorporated in the work shall be new and current manufacture. The Engineer may request the Contractor to furnish manufacturer's certificates to this effect. 4.3 CONTRACTOR'S UTILITIES The Contractor shall provide his own water, telephone, and all electric power required in performance of the work under the Contract, and shall pay all installation charges and monthly bills in connection therewith. 4.4 TITLE TO MATERIALS FOUND ON THE WORK The City reserves the right to retain title to all soils, stone, sand, gravel, and other materials developed and obtained from the excavation and from other operations connected with the work. Unless otherwise specified in the Special Provisions, neither the Contractor nor any subcontractor shall have any right, title, or interest in or to any such materials. The Contractor will be permitted to use in the work, without charges, any such materials which meet the requirements of the Special Provisions and Drawings. 4.5 DEFECTIVE EQUIPMENT, MATERIALS OR WORK (a) Inspection of the work shall not relieve the Contractor of any of his obligations under the Contract. Even though equipment, materials or work required to be provided under the Contract have been inspected, accepted and estimated for payment, the Contractor shall, at his own expense, replace or repair any such equipment, materials, or work found to be defective or otherwise not in compliance with the requirements of the Contract up to the end of the maintenance and guarantee period. (b) Any equipment or materials brought upon the job site by the Contractor and subsequently rejected by the Engineer as not complying with the requirements of the Contract shall be removed immediately by the Contractor to a satisfactory distance from the job site. (c) If the Contractor shall fail to repair or replace unsatisfactory equipment, materials, or work, or to remove unsatisfactory equipment or materials from the job site, within 10 calendar days after being ordered to do so by the Engineer, the Engineer, acting on behalf of the City, may make the ordered repairs or remove the condemned equipment or materials and the City will deduct the cost thereof from any monies due or to become due the Contractor. 4.6 SOUND CONTROL REQUIREMENTS 4.7 RUBBISH CONTROL During the progress of the work, the Contractor shall keep the site of the work and other areas used by him in a neat and clean condition, and free from any accumulation of rubbish. 4.8 DUST CONTROL The Contractor shall at all times conduct his work so as to avoid unnecessary dust. He shall 01247.0006/634563.2 A-13 cked and covered storage or continuous surveillance by a watchman shall be provided if required to accomplish this purpose. 01247.0006/634563.2 A-12 work, or failure on the part of the Contractor to carry out the provisions of the Contract or to provide materials or workmanship meeting the requirements of the Specifications. Suspended work shall be resumed by the Contractor within 10 days of receipt from the City of written notice to proceed. (b) The Contractor shall have no claim for damages alleged to have been suffered by 01247.0006/634563.2 A-11 cluding the cost of all materials shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. 01247.0006/634563.2 A-10 excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 provide adequate equipment and water as determined by the Engineer to be necessary for accomplishment of this objective. 4.9 CHARACTER OF WORKMEN None but skilled workmen shall be employed on work requiring special qualifications. When required in writing by the Engineer, the Contractor or any subcontractor shall discharge any person who is, in the opinion of the Engineer, incompetent, disorderly, or otherwise unsatisfactory, and shall not again employ such discharged person on the work except with the consent of the Engineer. Such discharge shall not be the basis of any claim for damages against the City or any of his agents. 01247.0006/634563.2 A-14 d vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. 01247.0006/634563.2 A-2 Services 01247.0006/656677.2 7/9/2020 A-6 SECTION 5 - PROGRESS AND PAYMENT 5.1 BREAKDOWN OF CONTRACT PRICE Prior to commencement of the work, if requested by the Engineer, the Contractor shall submit a detailed price breakdown of any or all of his bid items for the work. Such price breakdown shall include quantities, unit prices, and any other information required, in sufficient detail, to enable it to be used by the Engineer in preparing the monthly progress estimates. The Contractor shall use the price breakdown form bound with Specifications if one is included. 5.2 CHANGE ORDERS (a) The City may, as the need arises, order changes in the work through additions, deletions, or modifications, without invalidating the Contract. Such changes will be effected through written change orders delivered to the Contractor, describing the change required in the work, together with any adjustment in Contract price or time of completion as hereinafter provided. No such change shall constitute the basis of claims for damage or anticipated profits; however, the City will make reasonable allowance for the value of any work materials or equipment furnished and subsequently rendered useless because of such change. Any adjustment in Contract price resulting from a change order will be considered in computing subsequent monthly payments due the Contractor. Any work performed in accordance with a change order shall be subject to all provisions of the original Contract, and the Contractor's sureties shall be bound thereby to the same degree as under the original Contract. (b) No labor cost for move in and out of minimum charges, other than the hourly rate, shall be allowed for persons available from the force already on the job site. Only the foremen directly supervising the job shall be included in the labor charges. Labor rates for delays will be the actual costs. Labor rates for extra work will be taken from the rates published periodically by the California Department of Transportation. Equipment rental rates for delays and for extra work will be taken from the rates published periodically by the California Department of Transportation. Move in and out or minimum charges other than the hourly rate, shall not apply to equipment available from the force already on the job site. Right-of-way delay factors shown on the Equipment Rental Rates do not apply. Copies of the prevailing Equipment Rental Rates are available from the: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 1900 ROYAL OAKS DRIVE SACRAMENTO, CALIFORNIA 95819 (c) Any adjustment in Contract price shall be based on unit price bid on the work, where such bid items are applicable. (d) If the original bid prices are not applicable, the adjustment in Contract price shall be based on a lump sum or unit price agreed upon by the City and the Contractor prior to executing the change order. 01247.0006/634563.2 A-15 34563.2 A-12 work, or failure on the part of the Contractor to carry out the provisions of the Contract or to provide materials or workmanship meeting the requirements of the Specifications. Suspended work shall be resumed by the Contractor within 10 days of receipt from the City of written notice to proceed. (b) The Contractor shall have no claim for damages alleged to have been suffered by 01247.0006/634563.2 A-11 cluding the cost of all materials shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. 01247.0006/634563.2 A-10 excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 (e) If the original bid prices are not applicable and the City and Contractor are unable to agree upon a lump sum or unit price prior to executing the change order, the adjustment in Contract price shall be made on a cost-plus basis. In such an event, the following items will be included as the direct costs: Materials and supplies Labor(including foremen's wages) Workmen's Compensation Insurance Unemployment insurance contributions paid to the State Social Security Taxes paid to the Federal Government Labor union health and welfare, pension, vacation-holiday, and apprenticeship fund contributions Reasonable value for use of equipment for actual time of use In addition to the direct costs enumerated above, the City will pay to the Contractor for said extra work a percentage of said direct costs to compensate for the following profit and overhead items: Profit General expenses All insurance except Workmen's Compensation Insurance Excise taxes Property taxes License and inspection fees Bond premiums All other items of expense not specifically enumerated above Said percentage will be 15 percent of said direct costs provided the Contractor actually performs said extra work himself. In the event said extra work is performed by a Subcontractor, the percentage paid to the Contractor will be 20 percent of said Subcontractor's direct costs. Said percent will include allowance for profit and overhead costs for both the Contractor and Subcontractor. In the event said extra work is performed through more than one Subcontractor in succession, said percentage will not exceed 25 percent. (f) When work is being performed on a cost-plus basis, the Contractor shall submit written reports as directed by the City, showing all items of direct cost, as defined in Subsection 5.02 (e), which enter into the work. If required by the City, the Contractor shall furnish books, vouchers, invoices, and other records to substantiate the direct cost items listed in said reports. 5.3 OVERTIME Except as otherwise provided in this Section, the Contractor shall receive no additional compensation for overtime work even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing. Additional compensation will be paid the Contractor for overtime work only in the event extra work is ordered by the Engineer and the change order specifically authorizes the use of overtime work, and then only to such extent as overtime wages are regularly being paid by the Contractor for overtime work of a similar nature in the same locality. 01247.0006/634563.2 A-16 ginal bid prices are not applicable, the adjustment in Contract price shall be based on a lump sum or unit price agreed upon by the City and the Contractor prior to executing the change order. 01247.0006/634563.2 A-15 34563.2 A-12 work, or failure on the part of the Contractor to carry out the provisions of the Contract or to provide materials or workmanship meeting the requirements of the Specifications. Suspended work shall be resumed by the Contractor within 10 days of receipt from the City of written notice to proceed. (b) The Contractor shall have no claim for damages alleged to have been suffered by 01247.0006/634563.2 A-11 cluding the cost of all materials shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. 01247.0006/634563.2 A-10 excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 5.4 EXTENSION OF TIME (a) The Contractor may be entitled to an extension of Contract time (1) if the work has been suspended by the City, in whole or in part; or (2) Where weather or other circumstances occur which delay progress and which are clearly beyond the control of the Contractor; provided that, in either case, the Contractor is not at fault and is not negligent under the terms of the Contract. The extension of time allowed shall be as determined by the City. (b) To receive consideration, a request for extension of time must be made in writing to the City stating the reason for said request, and such request must be received by the City within 10 days following the end of the delay-causing condition. 5.5 Reserved. 5.6 PROGRESS SCHEDULES Within 10 days after award of the Contract, or at such times as may be required by the City, the Contractor shall submit progress schedules showing the order in which he proposed to carry on the work and the dates when the various parts will begin and be completed. Progress schedules shall be subject to the approval of the City and if in his opinion a schedule submitted is inadequate to secure the completion of the work in the time agreed upon, or is otherwise not in accordance with the Specifications, he may require the Contractor to submit a new schedule which will insure timely completion of the work. 5.7 MONTHLY ESTIMATES AND PAYMENTS (a) On or about the 25th day of each month, the Engineer shall prepare and transmit to the City, an estimate of the cumulative amount and value of work performed by the Contractor up to that date. Except as may otherwise be provided in the Special Provisions, said amount will include 80 percent of the value of all acceptable materials and equipment delivered to the site of the work. Said value will be based on certified copies of invoices delivered by the Contractor and Engineer. To this figure will be added all amounts due or paid the Contractor for 01247.0006/634563.2 A-17 ed in said reports. 5.3 OVERTIME Except as otherwise provided in this Section, the Contractor shall receive no additional compensation for overtime work even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing. Additional compensation will be paid the Contractor for overtime work only in the event extra work is ordered by the Engineer and the change order specifically authorizes the use of overtime work, and then only to such extent as overtime wages are regularly being paid by the Contractor for overtime work of a similar nature in the same locality. 01247.0006/634563.2 A-16 ginal bid prices are not applicable, the adjustment in Contract price shall be based on a lump sum or unit price agreed upon by the City and the Contractor prior to executing the change order. 01247.0006/634563.2 A-15 34563.2 A-12 work, or failure on the part of the Contractor to carry out the provisions of the Contract or to provide materials or workmanship meeting the requirements of the Specifications. Suspended work shall be resumed by the Contractor within 10 days of receipt from the City of written notice to proceed. (b) The Contractor shall have no claim for damages alleged to have been suffered by 01247.0006/634563.2 A-11 cluding the cost of all materials shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. 01247.0006/634563.2 A-10 excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 performance of extra work in accordance with change orders. From the total computed above, a deduction of 10 percent will be made. Further deductions will be made for: (1) amounts due the City for equipment or materials furnished or services rendered; (2) amounts due the City under the terms of the Contract; (3) amounts of any claims of lien filed with the City in accordance with Section 6.05; and (4) amounts required to be deducted by Federal, State, or local governmental authority. From the balance thus determined will be deducted the amount of all previous payments and the remainder shall constitute the partial payment due the Contractor. (b) The City's estimate of the partial payment due the Contractor will not be required to be made by strict measurement, and an approximate estimate will suffice. The partial payments may be withheld or reduced if in the City's opinion, the Contractor is not diligently or efficiently endeavoring to comply with the intent of the Contract, or if the Contractor fails to pay his labor and material bills as they become due. (c) Contractor shall furnish the City promptly, upon request, all information and records necessary to determine the cost of the work for purposes of estimating partial payments, including an itemized statement, in a form satisfactory to the City, of the actual cost of all acceptable materials delivered by the Contractor to the site. (d) No partial payment shall be construed as an acceptance of the work or of any portion of the work, nor shall the making of such payment preclude the City from demanding the recovering from the Contractor such damages as it may sustain by reason of the Contractor's failure to comply with requirements of the Contract. (e) In the event the Contract is terminated, any funds due the Contractor and retained by the City in accordance with Subsection 5.07 shall become the property of the City to the extent necessary to repay to the City any excess in the Contract price above the cost of the work completed at the time of termination. After issuance of notice of discontinued work, no further payments will be made to the Contractor for the work covered by the notice until completion of the work and final settlement has been made. (f) Securities may be substituted by the Contractor for monies withheld as a retention by the City to insure the performance of the work described in the Contract agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor upon satisfactory completion of the Contract. Securities eligible for investment under this Section shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for money withheld and shall receive any interest thereon. 5.8 FINAL ESTIMATE AND PAYMENT (a) When the City is of the opinion that the Contractor has completely performed all work required under the Contract, he will submit to the Contractor a draft of the final estimate. The Contractor will be expected to submit his written approval of said final estimate within 5 calendar days after receipt or, in the event the Contractor disagrees with said final estimate, he shall, 01247.0006/634563.2 A-18 e or not. Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. 01247.0006/634563.2 A-10 excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 within said 5-day period, file a written statement of all claims which he intends to present. If the Contractor delays more than 5 calendar days in approving said final estimate or in presenting his own claims, the time for the final payment shall be extended by the period of such delay. (b) Upon receipt by the City of the Contractor's written approval of said final estimate in accordance with Subsection 5.08(a), the City will certify physical completion of the work. (c) After acceptance of the work by the City and 35 calendar days after filing of the Notice of Completion, the City will pay to the Contractor the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract. In the event acceptance of the work is delayed more than 30 calendar days beyond the date of the last partial payment under the Contract, the City will make further partial payment in accordance with Section 5.07. (d) If the Contractor disagrees with the City's final estimate and files a written statement of his claims in accordance with Subsection 5.08(a), the City will issue, as a semi-final estimate, the proposed estimate submitted to the Contractor, and the City will make payment estimate submitted to the Contractor, in accordance with the provisions of Subsection 5.08(c). The City then will investigate the Contractor's claims, make any revisions to said semi-final estimate as he appropriate. The City then will make final payment to the Contractor in accordance with the provisions of Subsection 5.08(c). 5.9 FINAL PAYMENT TERMINATES LIABILITY OF OWNER The acceptance by the Contractor of the final payment referred to in Subsection 5.08(c) shall be a release of the City and its agents from all claims of and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act or neglect of the City or of any person relating or affecting the work, except claims against the City for the remainder, if any, of the amounts kept or retained under the provisions of Section 6.05. 01247.0006/634563.2 A-19 payments will be made to the Contractor for the work covered by the notice until completion of the work and final settlement has been made. (f) Securities may be substituted by the Contractor for monies withheld as a retention by the City to insure the performance of the work described in the Contract agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor upon satisfactory completion of the Contract. Securities eligible for investment under this Section shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for money withheld and shall receive any interest thereon. 5.8 FINAL ESTIMATE AND PAYMENT (a) When the City is of the opinion that the Contractor has completely performed all work required under the Contract, he will submit to the Contractor a draft of the final estimate. The Contractor will be expected to submit his written approval of said final estimate within 5 calendar days after receipt or, in the event the Contractor disagrees with said final estimate, he shall, 01247.0006/634563.2 A-18 e or not. Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. 01247.0006/634563.2 A-10 excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 SECTION 6 - BONDS, INSURANCE, LEGAL RESPONSIBILITY, AND PUBLIC SAFETY 6.1 FAITHFUL PERFORMANCE BOND Each bond which is written by an out-of-state bonding company shall contain the name, address and telephone number of an agent located in the State of California who is authorized to act for the bonding company. The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in the amount of 100 percent of the total Bid Amount to guarantee faithful performance of the Contract. The amount of this Faithful Performance Bond shall be reduced to 50% of the Contract amount or$500.00 whichever is greater and shall remain in full force and effect for one year from the date of the Final Notice of Completion to assure and guarantee against any defective materials furnished in the performance of the Contract. 6.2 LABOR AND MATERIAL BOND The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in the amount of 100 percent of the total Bid Amount to guarantee payment of claims of laborers and material-men under the Contract. 6.3 ADDITIONAL SURETY If, during the life of the Faithful Performance Bond, any of the sureties named in said bond become insufficient in the opinion of the City, he may require the Contractor to furnish additional sufficient sureties within 5 days of receipt of written order to do so. In the event the Contractor fails or neglects to furnish sufficient additional sureties, when ordered, within the prescribed time period, the City may suspend the work or terminate the Contract, and the Contractor shall have no claim for damages. 6.4 CONTRACTOR INDEBTEDNESS Indebtedness incurred for any cause in connection with this work must be paid by the Contractor and the City is hereby relieved at all times from any indebtedness or claim other than payments under terms of the Contract and the Contractor will indemnify and hold harmless the City and its officers and employees from any loss, demand, damages, claims or actions arising from or in connection with said indebtedness. 6.5 UNPAID CLAIMS If, upon or before the completion of the work, or at any time prior to expiration of the period within which claims of lien may be filed of record, any person claiming to have performed any labor or to have furnished any materials, supplies, or services toward the performance of this Contract, or to have agreed to do so, shall file with the City a verified statement of such claim stating in general terms the kind of labor and materials, the value of same, and the name of the person to or for whom the same was furnished, together with a statement that the same has not been paid; or if any person shall bring against the City or any of its agents. Any action to enforce such claim the City will, until the action is settled, withhold from monies due the Contractor an amount sufficient to satisfy the decision of the court together with costs. 01247.0006/634563.2 A-20 ll receive any interest thereon. 5.8 FINAL ESTIMATE AND PAYMENT (a) When the City is of the opinion that the Contractor has completely performed all work required under the Contract, he will submit to the Contractor a draft of the final estimate. The Contractor will be expected to submit his written approval of said final estimate within 5 calendar days after receipt or, in the event the Contractor disagrees with said final estimate, he shall, 01247.0006/634563.2 A-18 e or not. Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. 01247.0006/634563.2 A-10 excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 6.6 INSURANCE (a) General - The Contractor shall not commence work under this Contract until he has obtained all the insurance required under this Section and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. All insurance required under this Section shall be maintained continuously during the life of the Contract up to the date of acceptance of the work by the City. (b) Worker's Compensation Insurance - The Contractor shall procure and maintain Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this Contract, and, in case of any such work sublet the Contractor shall require the subcontractor similarly to provide Workman's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (c) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance -The Contractor shall procure and maintain Contractor's Liability Insurance in the amounts specified herein. (d) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance - The Contractor shall either (1) require each of his subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Special Provisions or, (2) insure the activities of his subcontractors in his own policy, in like amount. (e) Builder's Risk Insurance (Fire and Extended Coverage) - The Contractor shall procure and maintain Builder's Risk Insurance (All Risk Coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the City, the Contractor and subcontractors as their interests may appear. (f) Scope of Insurance - The insurance required under Subsections (c) and (d) hereof shall provide adequate protection for the Contractor and his subcontractor's respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him. In addition, the insurance required under subsections (c), (d) and (e) hereof shall name the City and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 aggregate operations, aggregate protective and aggregate contractual with the following minimum limits: Bodily injury (including death) $2,000,000 each person, $4,000,000 each occurrence Property Damage $1,000,000 each occurrence, $1,000,000 aggregate Special attention is directed to possible flood hazards, and/or nuisance water such as irrigation and other runoff. The Contractor shall be responsible for all injuries or damages to any portion of the work occasioned by the above causes and he shall make good such injuries or damages at no cost to the City prior to the completion and acceptance of the work. (g) Proof of Insurance - The Contractor shall furnish the City with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statements: "The insurance covered by this certificate will not be cancelled or materially altered, except after 30 days written notice has been received by the City." 6.7 Reserved. 6.8 DIR REQUIREMENTS Pursuant to State Bill 854, the following new requirements apply to all public works projects: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform pubic work pursuant to Section 1725.5 at the time the contract is awarded. The website for contractor registration with the Department of Industrial Relations (DIR) is https://efiling.dir.ca.gov/PWCR; the annual non-refundable fee, valid July 1 through June 30 (state fiscal year), is $300. Contractors and subcontractors must submit electronic payroll records to the DIR's Compliance Monitoring Unit (CMU) in addition to providing wet-ink original copies to the City or its designated labor compliance officer. 6.9 PERMITS AND LICENSES Unless otherwise provided in the Special Provisions, the Contractor shall obtain at his own expense all permits and licenses required for prosecution of the work and shall pay all taxes properly assessed against his equipment or property used in connection with the work. No work shall be started within the street right-of-way or on City property until the Contractor has obtained the necessary permits. The Contractor shall obtain and pay for all permits and 01247.0006/634563.2 A-22 ployed by him. In addition, the insurance required under subsections (c), (d) and (e) hereof shall name the City and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 fees 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. Fees will not be collected on those permits obtained from the City Engineer's Office. For work on private property where shown on the plans, the City will provide rights of entry at no cost to the Contractor. Such rights of entry do not relieve the Contractor of the need to provide at his cost, permits and insurance required of the Contractor by other agencies and organizations. The Contractor shall obtain and pay for all costs incurred for licenses necessitated by his operations. Prior to starting any work, the Contractor shall be required to have a City Business License valid for the life of the Contract; his subcontractors shall also have Business Licenses valid for the time they are engaged in work. 6.10 SALES AND USE TAXES The Contractor shall pay all sales and use taxes assessed by Federal, State or local authorities on materials furnished by the Contractor in performance of the work. 6.11 PATENTS AND COPYRIGHTS In addition to any other obligation to indemnify, defend, and hold harmless the City, the Contractor shall indemnify and save harmless the City and its officers, agents, and employees, against all claims or liability arising from the use of any patented or copyrighted design, device, material, or process by the Contractor or any of his subcontractors in the performance of the work. 6.12 Reserved 6.13 PUBLIC SAFETY AND CONVENIENCE - Please refer to Special Provisions For convenience to the Contractor to comply with the other provisions of this section, the following telephone numbers are listed. Fire Department 909-825-0221 Sheriff Department 909-824-0680 Courtesy Ambulance Service 909-884-3155 RTA 909-682-1234 Colton Unified School District 909-976-4110 If the above telephone numbers are changed, the Contractor is not relieved of his responsibility of notifying the various departments. 6.14 SANITARY PROVISIONS The Contractor shall provide and maintain such sanitary accommodations for the use of his employees and those of his subcontractors as may be necessary to comply with the requirements of local and State health departments. 6.15 FEDERAL SAFETY AND HEALTH REGULATIONS (a) Contractors and subcontractors shall comply with the provisions of 01247.0006/634563.2 A-23 essed against his equipment or property used in connection with the work. No work shall be started within the street right-of-way or on City property until the Contractor has obtained the necessary permits. The Contractor shall obtain and pay for all permits and 01247.0006/634563.2 A-22 ployed by him. In addition, the insurance required under subsections (c), (d) and (e) hereof shall name the City and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 the Safety and Health Regulations for construction, promulgated by the Secretary of Labor under Section 107 of the "Contract Work Hours and Safety Standards Act", as set forth in Title 29, C.F.R. (b) Contractors and subcontractors shall comply with the provisions of the Occupational Safety and Health Standards, promulgated by the Secretary of Labor under the "Occupational Safety and Health Act of 1970," as set forth in Title 29. C.F.R. SECTION 7 - STATE OF CALIFORNIA REQUIREMENTS 7.1 WAGES (a) Pursuant to the provisions of the California Labor Code, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the said work is performed, and not less than the general prevailing rate of per diem wages for legal holidays and overtime work in each craft or type of workmen needed to execute the work contemplated under the Contract, shall be paid to all workmen on and in connection with said work by the Contractor and by any subcontractor doing or contracting to do any part of said work. The Contractor shall, as a penalty to the City, forfeit $25.00 for each calendar day, or portion thereof, for each workman paid less than the stipulated prevailing rates of such work or craft in which such workman is employed, whether paid by the Contractor or by any subcontractors under him. The Contractor agrees to comply with the provisions of Sections 1775 and 1776 of the California Labor Code. The Contractor is also required to post the applicable prevailing wage rates at the jobsite. Pursuant to 1773.2, the Contractor shall refer to the wage schedule on file at the City Clerk's Office at 22795 Barton Road, Grand Terrace, California, 92313. (b) The Contractor and the subcontractors shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a--276a-5) and the implementation regulations issued pursuant thereto (29 CFR Section 1.5) and any amendments thereof. (c) The issuance, as payment for wages, of any evidence of indebtedness is prohibited unless the same is negotiable and payable on demand without discount. (d) In accordance with the provisions of Section 3700 of the California Labor Code, the Contractor shall secure the payment of compensation to his employees. 7.2 PAYROLL RECORDS Contractor shall provide the City with certified copies of payroll records upon demand, and within 24 hours of such demand. 7.3 APPRENTICES ON PUBLIC WORKS The Contractor shall comply with all applicable provisions of Sections 1775.5 of the California Labor Code relating to employment of apprentices on public works. 01247.0006/634563.2 A-24 ctor shall obtain and pay for all permits and 01247.0006/634563.2 A-22 ployed by him. In addition, the insurance required under subsections (c), (d) and (e) hereof shall name the City and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 7.4 WORKING HOURS (a) The Contractor shall comply with Chapter 8.108 G.T.M.C. restricting work between the hours of eight p.m. and seven a.m. weekdays, including Saturday or at any time on Sunday or a National Holiday. (b) The Contractor shall comply with all applicable provisions of Sections 1810 to 1817, inclusive, of the California Labor Code relating to working hours. The Contractor shall, as penalty to the City, forfeit $25.00 for each workman employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such workman is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the above-mentioned Sections of the California Labor Code. 7.5 PROTECTION OF WORKERS IN TRENCH EXCAVATION Contractor shall comply with all of the requirements of California Division of Industrial Safety. The protection of workers must meet the requirements of Construction Safety Orders. 7.6 CONTRACTOR NOT RESPONSIBLE FOR DAMAGES RESULTING FROM CERTAIN ACTS OF GOD As provided in Sections 4150 and 4152, inclusive, of the California Government code, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God in excess of five percent of the contracted amount, provided, that the work damaged is built in accordance with accepted and applicable building standards and the attached plans and specifications. The Contractor shall obtain insurance to indemnify the City for any damage to the work caused by an Act of God if the premium for said insurance coverage is not called for as a separate bid item in the Bidding Schedule for the work. For the purpose of this Section, the term "Acts of God" shall include only the following occurrences or conditions and effect; earthquakes in excess of a magnitude of 3.5 on the Richter Scale. 7.7 NOTICE OF COMPLETION As required by the Civil Code, and within ten calendar days after date of acceptance of the work by the City's governing body, the City will file, in the County Recorder's Office, a Notice of Completion of the work. 7.8 CONCRETE FORMS, FALSEWORK AND SHORING The Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete. Where the said Section 1717 requires the 01247.0006/634563.2 A-25 01247.0006/634563.2 A-24 ctor shall obtain and pay for all permits and 01247.0006/634563.2 A-22 ployed by him. In addition, the insurance required under subsections (c), (d) and (e) hereof shall name the City and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 services of a registered civil engineer in the State of California to approve design calculation and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the Contractor shall employ a registered civil engineer for these purposes. 01247.0006/634563.2 A-26 scharge any person who is, in the opinion of the Engineer, incompetent, disorderly, or otherwise unsatisfactory, and shall not again employ such discharged person on the work except with the consent of the Engineer. Such discharge shall not be the basis of any claim for damages against the City or any of his agents. 01247.0006/634563.2 A-14 d vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. 01247.0006/634563.2 A-2 Services 01247.0006/656677.2 7/9/2020 A-6 SPECIAL PROVISIONS The following provisions of the Green Book are modified as follows: SECTION 2— SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add the following: 2-6.1 Scope of Work. The Work generally consists of the rehabilitation of asphalt concrete pavement, cold milling, pulverizing existing pavement section to form pulverized miscellaneous base, placement of rubberized hot mix asphalt(dense-graded), repair and construction of concrete curb, gutter, access ramps, striping, traffic control and all other incidental work as specified in the Specifications and these Special Provisions, and as directed by the Engineer. Upon approval of the Additive Bid Schedule items, Work will also generally consist of furnishing all labor, materials, tools, equipment, and incidentals necessary to remove (by grinding) existing thermoplastic and painted striping, pavement markings and legends; remove raised pavement markers; apply bituminous pavement crack sealant; apply slurry seal in areas indicated; install new striping, pavement markings, legends and raised pavement markers as specified in the Specifications and these Special Provisions, and as directed by the Engineer. The Work also includes sweeping before and after slurry seal applications; removing of grease spots (by grinding); all necessary traffic control; preparing and updating construction schedules; posting signs for"NO PARKING"and arranging for towing of cars, if necessary; protecting all utility covers in place; and installing temporary pavement markers. The Contractor shall be responsible for cleaning, sweeping and removing all loose rock from surfaces, parking areas, gutters, sidewalks, driveways and parkways after all Work, as specified in the Specifications and these Special Provisions, and as directed by the Engineer. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. Replace the entire Subsection 2-9.1 with the following: The Contractor shall not disturb survey monuments, lot stakes (tagged), centerline ties, or benchmarks without notifying the Engineer. The Contractor shall be responsible to have a CA Registered Land Surveyor document all surveying monuments, lot stakes (tagged), centerline ties, and bench marks that may be disturbed during construction. In the event that identification numbers on survey monuments are illegible, it shall be the responsibility of the Contractor to obtain all information necessary to restore the monuments in their correct location. The Contractor or its Surveyor shall file a Corner Record Form at the San Bernardino County Surveyor referencing survey monuments subject to disturbance prior to the start of construction and also prior to the completion of construction, including a location for reestablishment of disturbed monuments. Copies of the records shall be provided to the City. Final payment will not be made until the aforementioned documentation is provided to the CITY. 01247.0006/634563.2 A-27 ty and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 All surveying shall be performed by a CA Registered Licensed Land Surveyor or a Registered Civil Engineer authorized to practice land surveying within the state. All monuments and centerline ties shall be tied out and reset in accordance with Section 8771 (Land Surveyors Act) of the Business and Professions Code of the State of California. SECTION 7— RESPONSIBILITIES OF THE CONTRACTOR 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP). Replace the entire subsection with the following: Construction activities covered by the General Permit require submittal by the Contractor of a Storm Water Pollution Prevention Plan (SWPPP) prior to the start of any clearing, demolition, grading or excavation. A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. The size and nature of this Contract place it under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board. These regulations require a SWPPP for any work where clearing, grading, and excavation result in a land disturbance of one or more acres. As a result, the Contractor shall prepare, submit to the CITY for review and approval, and implement a SWPPP for this Contract in compliance with these regulations. SECTION 9— MEASUREMENT AND PAYMENT 9-3.4 Mobilization. Replace the entire subsection with the following: Mobilization shall include site review; obtaining all permits, insurance, and bonds; moving onto the site all equipment; furnishing and erecting temporary buildings, and other construction facilities, and removal of same at completion of the Work; and other work, all as required for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following items: (a) Submittal and modification, as required, of the Construction Schedule. (b) Moving on to the site of all Contractor's equipment required for the work (c) Providing on-site sanitary facilities and portable water facilities, as required. (d) Submittal of all required insurance certificates and bonds, including subcontractors. (e) Obtaining all required permits. (f) Having the Contractor's Superintendent present at the job site full time. 01247.0006/634563.2 A-28 inal payment will not be made until the aforementioned documentation is provided to the CITY. 01247.0006/634563.2 A-27 ty and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 (g) Developing construction water supply. (h) Arranging for and erection of Contractor's work and staging area. (i) Removal (including all spray-painted markings on any surface), cleanup, and restoration. (j) Demobilization 01247.0006/634563.2 A-29 01247.0006/634563.2 A-26 scharge any person who is, in the opinion of the Engineer, incompetent, disorderly, or otherwise unsatisfactory, and shall not again employ such discharged person on the work except with the consent of the Engineer. Such discharge shall not be the basis of any claim for damages against the City or any of his agents. 01247.0006/634563.2 A-14 d vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. 01247.0006/634563.2 A-2 Services 01247.0006/656677.2 7/9/2020 A-6 PART 2 CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Replace the entire subsection with the following: Untreated base for pavement, curb, gutter, cross gutters, sidewalks, hardscape and other improvements shall be Pulverized Miscellaneous Base conforming to Greenbook 200- 2.8. 200-2.8 PULVERIZED MISCELLANEOUS BASE 200-2.8.2 Testing Add the following: If testing requires, stabilizing agents shall be added to the pulverized miscellaneous base as approved by the Engineer. SECTION 203— BITUMINOUS MATERIALS 203-5 SLURRY SEAL 203-5.1 General. Replace the first sentence with the following: Slurry seal shall be quick-set Type II emulsion-aggregate slurry (EAS), with the addition of 2.5% latex, OR APPROVED EQUAL and is herein referred to as "Slurry." 203-11 Asphalt Rubber Hot Mix (ARHM) Replace the entire subsection with the following: RUBBERIZED HOT MIX ASPHALT-DENSE GRADED SPECIFICATIONS 1. General 1.1. Scope This work consists of constructing a Rubberized Dense Grade Asphalt(RHMA-D)overlay on an existing pavement surface. 1.2. Definitions Rubberized Dense Grade Asphalt(RHMA-D): Mixture of rubber modified asphalt binder and dense-graded aggregate mixed in a central mixing plant. Fine aggregate:Aggregate passing the no.4 sieve. Coarse aggregate:Aggregate retained on the no.4 sieve. 1.3. Submittals The Contractor shall comply with all Federal,State, and Local environmental laws, rules, regulations,and ordinances including, but not limited to, air quality requirements. 01247.0006/634563.2 A-3 0 t in compliance with these regulations. SECTION 9— MEASUREMENT AND PAYMENT 9-3.4 Mobilization. Replace the entire subsection with the following: Mobilization shall include site review; obtaining all permits, insurance, and bonds; moving onto the site all equipment; furnishing and erecting temporary buildings, and other construction facilities, and removal of same at completion of the Work; and other work, all as required for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following items: (a) Submittal and modification, as required, of the Construction Schedule. (b) Moving on to the site of all Contractor's equipment required for the work (c) Providing on-site sanitary facilities and portable water facilities, as required. (d) Submittal of all required insurance certificates and bonds, including subcontractors. (e) Obtaining all required permits. (f) Having the Contractor's Superintendent present at the job site full time. 01247.0006/634563.2 A-28 inal payment will not be made until the aforementioned documentation is provided to the CITY. 01247.0006/634563.2 A-27 ty and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 At least 10 days before starting any RHMA-D activities, Contractor shall submit the name of an authorized laboratory to perform Quality Control (QC)testing for RHMA-D.The authorized laboratory must comply with the Caltrans Independent Assurance Program (IAP) or possess current AASHTO Material Reference Laboratory(AMRL) accreditation for all ASTM and AASHTO tests required in Section 2. Contractor shall submit to the Agency a certified volume or weight slip for each delivery of rubber modified binder and RHMA-D. At least 14 days before use, Contractor shall submit: 1. Four each one-quart cans of rubber modified asphalt binder 2. SDS for each hazardous material 3. Rubber modified asphalt binder formulation, including: 3.1. Each source and type of crumb rubber modifier 3.2. Percentage of crumb rubber modifier by total weight of rubber modified asphalt binder 4. Test results 4.1. Certificate of Compliance showing the rubber modified asphalt binder is the required PG grade 4.2. Certificate of Compliance showing each source of crumb rubber modifier is derived from automobile and/or truck tires 4.3.Test results showing the aggregate meets the requirements in Tables 1 and 2 4.4.Test results showing the RHMA-D meets the requirements in Table 3 5.JMF Forms 5.1. Caltrans Contractor Job Mix Formula Proposal form CEM-3511 5.2. Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512 5.3. Caltrans Hot Mix Asphalt Verification form CEM-3513, if available 5.4. Caltrans Job Mix Formula Renewal form CEM-3514, if available 1.4. Job Mix Formula(JMF) Contractor shall submit the proposed JMF for each type of RHMA-D to be used. The Contractor is required to submit mix design documentation that has been dated within 12 months of submittal. The Contractor shall submit the test results for the RHMA-D showing that the mixture meets all of the requirements as shown in Section 2.6 of these specifications. The JMF must be submitted on the Caltrans Contractor Job Mix Formula Proposal form CEM- 3511along with: 1. Mix design documentation on Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512. Also report the theoretical maximum specific gravity for the RHMA-D. 2.JMF verification on a Caltrans Hot Mix Asphalt Verification form CEM-3513, if available. 3.JMF renewal on a Caltrans Job Mix Formula Renewal form CEM-3514, if available. The JMF forms do not need to be Caltrans approved, however the Contractor is encouraged to submit Caltrans approved forms if they are available. 01247.0006/634563.2 A-3 1 mits. (f) Having the Contractor's Superintendent present at the job site full time. 01247.0006/634563.2 A-28 inal payment will not be made until the aforementioned documentation is provided to the CITY. 01247.0006/634563.2 A-27 ty and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 All Caltrans JMF forms can be found online at: http://www.dot.ca.Rov/hq/construc/forms.htm 1.5. Quality Control Program Contractor shall develop, implement, and maintain a QC program. Contractor shall prepare and maintain QC records, including: 1. Names and qualifications of: 1.1. Samplers 1.2. Testers 1.3 Inspectors 2.Testing laboratories 3.Testing equipment calibrations and certifications 4. Construction inspection reports 5. Sampling and testing records organized by date and type of material 6.Test results with comparison of quality characteristic requirements 7.Test results in relation to action and any suspension.limits 8. Records of corrective actions and suspensions Contractor shall notify the Agency within 24 hours of any noncompliance identified by the QC program. 1.6. Quality Control Manager Contractor shall assign a QC manager before the start of the affected work. The QC manager must receive, review, and approve all correspondence,submittals, and reports relating to the QC of materials before they are submitted to the Agency. The QC manager must be the sole individual responsible for: 1. Signing the QC plan 2. Implementing the QC plan 3. Maintaining the QC records The QC manager must be Contract is employee or must be hired by a subcontractor providing only QC services. The QC manager must n t be employed or compensated by a subcontractor or by any other persons or entities hired by subco tractors who will provide services or material for the project. 1.7. Preconstruction Meeting At least 7 business days before the start of surfacing and pavement operations,the following Contractor personnel shall attend a preconstruction meeting with: 1. Project Manager 2. QC manager 3. Project superintendent 4. Project foreman 5. Subcontractors'foremen 01247.0006/6345632 A-32 f the requirements as shown in Section 2.6 of these specifications. The JMF must be submitted on the Caltrans Contractor Job Mix Formula Proposal form CEM- 3511along with: 1. Mix design documentation on Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512. Also report the theoretical maximum specific gravity for the RHMA-D. 2.JMF verification on a Caltrans Hot Mix Asphalt Verification form CEM-3513, if available. 3.JMF renewal on a Caltrans Job Mix Formula Renewal form CEM-3514, if available. The JMF forms do not need to be Caltrans approved, however the Contractor is encouraged to submit Caltrans approved forms if they are available. 01247.0006/634563.2 A-3 1 mits. (f) Having the Contractor's Superintendent present at the job site full time. 01247.0006/634563.2 A-28 inal payment will not be made until the aforementioned documentation is provided to the CITY. 01247.0006/634563.2 A-27 ty and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 6. RHMA-D supplier Contractor shall be prepared to discuss the project specifications and the processes for producing materials and constructing each item of work, including: 1. Quality assurance 1.1. Quality control 1.2. Agency acceptance 2. Placement of materials: 2.1. Training 2.2. Checklists 2.3. Test strips (if required) 3. Contingency plan 4. Issues specific to the project, including: 4.1. Weather 4.2. Alignment and geometrics 4.3. Traffic control issues 4.4. Haul distances 4.5. Presence and absence of shaded areas 4.6. Noticing 2. Materials 2.1. Rubber Modified Asphalt Binder Rubber modified asphalt binder shall be MAC15TR that meets the requirements in Section 203-14 of the current Greenbook. 2.2. Aggregate Up to 15%of the aggregate by weight may be replaced with Reclaimed Asphalt Pavement(RAP). Recycled Asphalt Shingles (RAS) arr not allowed in RHMA-D. Aggregate for RHMA-D must comply with the gradation requirements shown in Table 1. Table 1:Aggregate Gradation Requirements for RHMA-D Percentage passing by weight 3/8 inch Sieve Target Allowable Size value_ limit tolerance 1" 100 --- 3/4" 100 --- 1/2" 100 --- 3/8" 95-98 _ ±5 No. 4 55-75 ±5 No. 8 30-50 ±5 No. 30 15-35 ±5 No. 200 2-9 ±2 01247.0006/634563.2 A-33 e project. 1.7. Preconstruction Meeting At least 7 business days before the start of surfacing and pavement operations,the following Contractor personnel shall attend a preconstruction meeting with: 1. Project Manager 2. QC manager 3. Project superintendent 4. Project foreman 5. Subcontractors'foremen 01247.0006/6345632 A-32 f the requirements as shown in Section 2.6 of these specifications. The JMF must be submitted on the Caltrans Contractor Job Mix Formula Proposal form CEM- 3511along with: 1. Mix design documentation on Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512. Also report the theoretical maximum specific gravity for the RHMA-D. 2.JMF verification on a Caltrans Hot Mix Asphalt Verification form CEM-3513, if available. 3.JMF renewal on a Caltrans Job Mix Formula Renewal form CEM-3514, if available. The JMF forms do not need to be Caltrans approved, however the Contractor is encouraged to submit Caltrans approved forms if they are available. 01247.0006/634563.2 A-3 1 mits. (f) Having the Contractor's Superintendent present at the job site full time. 01247.0006/634563.2 A-28 inal payment will not be made until the aforementioned documentation is provided to the CITY. 01247.0006/634563.2 A-27 ty and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 I 01247.0006/634563.2 A-34 (h) Arranging for and erection of Contractor's work and staging area. (i) Removal (including all spray-painted markings on any surface), cleanup, and restoration. (j) Demobilization 01247.0006/634563.2 A-29 01247.0006/634563.2 A-26 scharge any person who is, in the opinion of the Engineer, incompetent, disorderly, or otherwise unsatisfactory, and shall not again employ such discharged person on the work except with the consent of the Engineer. Such discharge shall not be the basis of any claim for damages against the City or any of his agents. 01247.0006/634563.2 A-14 d vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. 01247.0006/634563.2 A-2 Services 01247.0006/656677.2 7/9/2020 A-6 The aggregate must also comply with the requirements shown in Table 2. Table 2:Aggregate Requirements Quality Characteristics Test Method Requirement Percent of crushed particles Coarse aggregate (min,%) One-fractured face 95 Two-fractured faces Fine 90 AASHTO T 335 aggregate (min,%) (Passing No.4 sieve and retained on No. 8 sieve.) One-fractured face 70 Los Angeles Rattler(max, %) Loss at 100 Rev. AASHTO T 96 12 Loss at 500 Rev. 40 Sand equivalent (min)a AASHTO T 176 47 Flat and elongated particles (max, % ASTM D4791 10 by weight at 5:1) Fine aggregate angularity(min, %)b AASHTO T 304, Method A 45 'Reported value must be the average of 3 tests from a single sample. The use of a reading indicator is required as shown in AASHTO T 176, Figure 1.Sections 4.7, "Manual Shaker" 7.1.2, "Alternate Method No. 2," and 8.4.3, "Hand Method," do not apply. Prepare the stock solution as specified in section 4.8.1, "Stock solution with formaldehyde," except omit the addition of formaldehyde. bThe Agency waives this specification if RHMA-D contains 10 percent or less of nonmanufactured sand by weight of total aggregate unless the JMF fails verification. Manufactured sand is fine aggregate produced by crushing rock or gravel. 2.3. Rubberized Dense Grade Asphalt(RHMA-D) RHMA-D mixture must comply with the requirements shown in Table 3. Table 3: RHMA-D Requirements for Hveem Mix Design Quality characteristic Test method_ Requirement Air voids content(%) AASHTO T 269 a 4 Voids in mineral aggregate (min, %)b Gradation: 3/8-inch SP-2 Asphalt Mixture Volumetrics 15.5-18.5 1/2-inch 14.5-17.5 3/4-inch 13.5-16.5 Dust proportion Asphalt Institute MS-2 0.6-1.3 Bulk Specific gravity AASHTO T 275 Method A Report only Theoretical maximum specific gravity AASHTO T 209 Method A a Report only Moisture susceptibility(min, psi, dry strength) AASHTO T 283 100 Moisture susceptibility(min, psi,wet strength) AASHTO T 283b,` 70 Binder content (min, %, by total weight of Note D below mix)d a Calculate the air voids content of each specimen using AASHTO T 275, Method A,to determine bulk specific gravity. Use AASHTO T 209, Method A,to determine theoretical maximum specific gravity. Use a digital manometer and pycnometer when performing AASHTO T 209. 01247.0006/634563.2 A-3 5 the Contractor is encouraged to submit Caltrans approved forms if they are available. 01247.0006/634563.2 A-3 1 mits. (f) Having the Contractor's Superintendent present at the job site full time. 01247.0006/634563.2 A-28 inal payment will not be made until the aforementioned documentation is provided to the CITY. 01247.0006/634563.2 A-27 ty and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 b Test plant-produced RHMA-D. d Freeze thaw required d Once the percent asphalt-rubber binder is determined by the mix design,the production tolerance shall be +0.5%/-0.4%. The Optimal Binder Content (OBC) shall be determined by California Test 367,except that Step 2 regarding surface flushing shall not be used. OBC shall be determined by using a void content of 4 percent or less. Compaction shall be in accordance with California Test 34,except for the following: 1. Mixing temperature of binder shall be from 300 to 350 degrees F. 2. Mixing temperature of aggregate shall be from 290 to 325 degrees F. 3. Compaction temperature shall be from 275 to 300 degrees F. 3. Quality Control 3.1. Aggregate Test the quality characteristics of aggregates under the test methods and frequencies shown in Table 4. Table 4:Aggregate Testing Frequencies Quality characteristic Test method Frequency Gradation AASHTO T 27 Sand equivalent',b AASHTO T 176 Startup and 1 per 750 tons Moisture content` AASHTO T 255 Crushed particles AASHTO T 335 Los Angeles Rattler AASHTO T 96 Flat and elongated particles ASTM D4791 '1 per projects Fine aggregate angularity AASHTO T 304, Method A 'Reported value must be the average of 3 tests from a single sample bUse of a sand reading indicator is required as shown in AASHTO T 176, Figure 1.Sections 4.7, "Manual Shaker' 7.1.2, "Alternate Method No. 2," and 8.4.3, "Hand Method," do not apply. Prepare the stock solution as specified in section 4.8.1, "Stock solution with formaldehyde," except omit the addition of formaldehyde. `Test at continuous mixing plants only. For lime-treated aggregate,test aggregate before treatment and test for gradation and moisture content during RHMA-D production. dAt the discretion of the Agency,testing for crushed particles, Los Angeles Rattler,flat and elongated particles,and/or fine aggregate angularity performed during the mix design, mix design verification, or mix design renewal may be used in lieu of testing during the project. 3.2. Rubberized Hot Mix Asphalt-Dense Graded Test the quality characteristics of RHMA-D under the test methods and frequencies shown in Table 5. Table 5: RHMA-D Requirements for Hveem Mix Design 01247.0006/634563.2 A-3 6 late the air voids content of each specimen using AASHTO T 275, Method A,to determine bulk specific gravity. Use AASHTO T 209, Method A,to determine theoretical maximum specific gravity. Use a digital manometer and pycnometer when performing AASHTO T 209. 01247.0006/634563.2 A-3 5 the Contractor is encouraged to submit Caltrans approved forms if they are available. 01247.0006/634563.2 A-3 1 mits. (f) Having the Contractor's Superintendent present at the job site full time. 01247.0006/634563.2 A-28 inal payment will not be made until the aforementioned documentation is provided to the CITY. 01247.0006/634563.2 A-27 ty and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 Quality characteristic ' Test method Frequency Air voids content(%) AASHTO T 269 Asphalt-Rubber Binder Content Note A below 1 per 2,000 tons but not RHMA-D moisture content AASHTO T 329 less than 1 per paving day Voids in mineral aggregate (min, %) SP-2 Asphalt Mixture Volumetrics Dust proportion SP-2 Asphalt Mixture Volumetrics 1 per 10,000 tons but not Moisture susceptibility AASHTO T 283 less than 1 per project Nuclear gauge densityb ASTM D 2950 3 per 250 tons but not less than 3 per paving day a Once the percent asphalt-rubber binder is determined by the mix design,the production tolerance shall be+0.5%/-0.4%. bCalibrated to cores using CTM 375 or other means. Laboratory compaction shall be in accordance with California Test 34, except for the following: 1. Compaction temperature shall be from 290 to 300 degrees F. 4. Construction 4.1.Equipment 4.1.1.Placing/Spreading RHMA-D Paving equipment for spreading must be: 1. Self-propelled 2. Mechanical 3. Equipped with a screed or strike-off assembly that can distribute RHMA-D the full width of a traffic lane 4. Equipped with a full-width compacting device 5. Equipped with automatic screed controls and sensing devices that control the thickness, longitudinal grade, and transverse screed slope Install and maintain grade and slope references. The screed must be heated and produce a uniform RHMA-D surface texture without tearing, shoving, or gouging. The paver must not leave marks such as ridges and indentations. All trucks transporting RHMA-D to the jobsite shall be completely covered with tarpaulins, which are fully secured, during transport. In areas inaccessible to spreading and compacting equipment: 1. Spread the RHMA-D by any means to obtain the specified lines,grades,and cross sections 2. Use a pneumatic tamper, plate compactor,or equivalent to achieve thorough compaction. The use of a material transfer vehicle is allowed. The material transfer vehicle must have sufficient capacity to prevent stopping the paver and must be capable of: 1. Either receiving RHMA-D directly from trucks or using a windrow pickup head to load it from a windrow deposited on the roadway surface 01247.0006/634563.2 A-37 specific gravity. Use AASHTO T 209, Method A,to determine theoretical maximum specific gravity. Use a digital manometer and pycnometer when performing AASHTO T 209. 01247.0006/634563.2 A-3 5 the Contractor is encouraged to submit Caltrans approved forms if they are available. 01247.0006/634563.2 A-3 1 mits. (f) Having the Contractor's Superintendent present at the job site full time. 01247.0006/634563.2 A-28 inal payment will not be made until the aforementioned documentation is provided to the CITY. 01247.0006/634563.2 A-27 ty and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 2. Remixing the RHMA-D with augers before transferring into the paver's receiving hopper or feed system 3. Transferring RHMA-D directly into the paver's receiving hopper or feed system 4.1.2.Compacting RHMA-D Each roller must have a separate operator. Rollers must be self-propelled and reversible. 4.2. Surface Preparation The Contractor shall remove all existing traffic stripes, markings, crosswalks, stop bars, and legends; and raised pavement markers in areas to receive RHMA-D and any adjacent areas as directed by the Agency. Removal shall be done by sand blasting or grinding and disposing of by the Contractor. Grinding or sand blasting operations shall be conducted to keep all removed pavement material from entering the storm drain system. Said removal shall not occur sooner than 2 calendar days prior to the day that the RHMA-D will be placed. Existing pavement striping, markings,or markers which are outside the work area and not to be removed, shall be protected by the Contractor. Any striping, markings, or markers to remain damaged or rendered useless by the Contractor's operations shall be restored by the Contractor to the Agency's satisfaction and at the Contractor's expense. Following herbicide spraying, all vegetation shall be removed from the cracks in the pavement and from all joints between the pavement and concrete gutters by the Contractor. On the day that a street receives RHMA-D material, it shall be swept without the use of water. Pavement must be completely dry prior to placement of RHMA-D. The Contractor shall not begin any activities related to the placement of RHMA-D on any street until the Agency has approved the street cleaning. Apply a tack coat on the existing pavement surface and on the vertical surfaces of any curbs, gutters, and construction joints. Apply the tack coat at a rate shown in the following table, or as otherwise ordered by the Agency: Table 6:Tack Coat Application Rates for RHMA-D Minimum residual rates (gal/sq yd) CSS1/CSS1h,SS1,SS1h CRS1/CRS2, RS1/RS2 Asphalt binder and RHMA-D over: and QS1h/CQS1h and QS1/CQS1 PMRS2/PMCRS2 and asphaltic emulsion asphaltic emulsion PMRS2h/PMCRS2h asohaltic emulsion New HMA (between lifts of 0.04 0.05 0.04 new material)a Existing pavement 0.05 0.07 0.05 Milled surface 0.06 0.08 0.06 a Only if there has been no traffic other than construction vehicles on the surface,the surface has been in place for one day or less, and the surface is clean, unless otherwise approved by the Agency. Otherwise, use the rates for existing pavement. 01247.0006/634563.2 A-3 8 01247.0006/634563.2 A-3 1 mits. (f) Having the Contractor's Superintendent present at the job site full time. 01247.0006/634563.2 A-28 inal payment will not be made until the aforementioned documentation is provided to the CITY. 01247.0006/634563.2 A-27 ty and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 Notify the Agency if asphaltic emulsion is diluted with water. The weight ratio of added water to asphaltic emulsion must not exceed 1 to 1. Measure added water by weight so long as the Contractor furnishes the Agency with weight slips from the weighmaster. Water may be measured by volume so long as the vehicles allow for accurate determination of its contents and each vehicle has a legible identification mark showing its volumetric capacity at any given time. The application of the tack coat material shall be uniform in appearance and free from ribboning and all other defects. Correct all defective areas of the tack coat where uniform distribution was not achieved prior to placing RHMA-D material over these areas. Placement of RHMA-D material shall not be permitted until the tack coat has broken. In the event that a scheduled street should become wet due to fog, rain, or any other reason,the placement of RHMA-D shall be suspended until the surface has dried completely, as determined by the Agency. 4.3. Spreading RHMA-D Spread and compact RHMA-D at an ambient air temperature of at least 50 degrees F and a surface temperature of at least 55 degrees F. The Contractor may deposit RHMA-D in a windrow and load it in the paver if: 1. Paver is equipped with a hopper that automatically feeds the screed, or if a Materials Transfer Vehicle(MTV) is used. 2. Loading equipment can pick up the windrowed material and deposit it in the paver hopper without damaging base material 3. Activities for depositing, pickup, loading, and paving are continuous 4. RHMA-D temperature in the windrow does not fall below 270 degrees F RHMA-D placed in a windrow on the roadway surface must not extend more than 250 feet in front of the paver. The temperature of the RHMA-D mixture directly behind the paving machine, before any rolling, shall be at least 240 degrees F. Longitudinal joints in the top layer should be offset six inches from the longitudinal joint in the existing surface layer, if that joint is discernable. The direction of the offset should be towards the lane line, if the joint is not along the lane line. If the longitudinal joint in the existing surface is not discernable,the longitudinal joint shall be along the lane line. A vertical longitudinal joint of more than two inches is not allowed at any time between adjacent lanes open to traffic. If placing RHMA-D against the edge of existing pavement, cold mill,saw cut or grind the pavement straight and vertical along the joint and remove extraneous material unless the Agency approves placement against the existing pavement edge. For divided roadways with an RHMA-D lift thickness greater than two inches, Contractor may construct a one-foot wide tapered notched wedge joint as a longitudinal joint between adjacent lanes open to traffic. A vertical notch of 0.75 inch maximum must be placed at the top and bottom of the tapered wedge. The tapered notched wedge must keep its shape while exposed to traffic. Pave the adjacent lane within 1 day. Construct the tapered portion of the tapered notched wedge with an 01247.0006/634563.2 A-3 9 Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 authorized strike-off device.The strike-off device must provide a uniform slope and must not restrict the main screed of the paver. Contractor may use a device attached to the screed to construct longitudinal joints that will form a tapered notched wedge in a single pass.The tapered notched wedge must be compacted to a minimum of 90 percent of theoretical maximum density. Where a tapered edge is required, use the same type of RHMA-D used for the adjacent lane or shoulder. The edge of roadway where the tapered edge is to be placed must have a solid base,free of debris such as loose material,grass,weeds,or mud.Grade the areas to receive the tapered edge as required. The tapered edge must be placed monolithic with the adjacent lane or shoulder and must be shaped and compacted with a device attached to the paver. The device must be capable of shaping and compacting RHMA-D to the required cross section as shown. Compaction must be accomplished by constraining the RHMA-D to reduce the cross sectional area by 10 to 15 percent.The device must produce a uniform surface texture without tearing,shoving,or gouging and must not leave marks such as ridges and indentations.The device must be capable of transitioning to cross roads, driveways,and obstructions. For the tapered edge,the angle of the slope must not deviate by more than ±5 degrees from the angle shown in the Plans. Measure the angle from the plane of the adjacent finished pavement surface. If paving is done in multiple lifts,the tapered edge must be placed with each lift. Short sections of hand work are allowed to construct tapered edge transitions. If widening existing pavement, construct new pavement structure to match the elevation of the existing pavement's edge before placing RHMA-D over the existing pavement. Unless otherwise approved by the Agency, do not pave the top layer of any of the following until the adjoining through lane's top layer has been paved: 1. Shoulders 2. Tapers 3. Transitions 4. Road connections 5. Driveways 6. Curve widenings 7. Chain control lanes 8. Turnouts 9. Turn pockets If the number of lanes changes, pave each through lane's top layer before paving a tapering lane's top layer. Simultaneous to paving a through lane's top layer,you may pave an adjoining area's top layer, including shoulders. Do not operate spreading equipment on any area's top layer until completing all compaction activities. If shoulders or median borders are shown, pave shoulders and median borders adjacent to the lane before opening a lane to traffic. If shoulder conform tapers are shown, place conform tapers concurrently with the adjacent lane's paving. 4.4. Compacting RHMA-D Rolling must leave the completed surface compacted and smooth without tearing,cracking,or 01247.0006/634563.2 A-40 ical notch of 0.75 inch maximum must be placed at the top and bottom of the tapered wedge. The tapered notched wedge must keep its shape while exposed to traffic. Pave the adjacent lane within 1 day. Construct the tapered portion of the tapered notched wedge with an 01247.0006/634563.2 A-3 9 Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 shoving. If a vibratory roller is used as a finish roller,turn the vibrator off. Do not open new RHMA-D pavement to traffic until its mid-depth temperature is below 160 degrees F. If the surface to be paved is both in sunlight and shade, pavement temperatures are taken in the sun. The Contractor will use any means necessary to compact the RHMA-D material to 92.0 to 97.0 percent of the theoretical maximum specific gravity. The Contractor will submit to the Agency, in writing,the compaction method to be used at least 5 days prior to placing any RHMA-D material. 4.5. Pavement Smoothness The Contractor will produce an RHMA-D pavement where the surface has a uniform appearance and texture,free from any humps or bumps, and free from segregation. The RHMA-D pavement shall be true to grade and cross section. When a 10-foot straightedge is laid on the finished surface parallel to the centerline of the roadway,the finished surface shall not vary from the edge of the straightedge more than 1/8 inch, except at intersections or at changes of grade. Any areas that are not within this tolerance shall be brought to grade immediately following the initial rolling. If the RHMA-D has cooled below the lower limits of the spreading temperatures prescribed in this specification,the surface of the pavement shall be brought to a true grade cross section. The RHMA-D in the area to be repaired shall be removed, by cold milling,to prov ide a minimum laying depth of 1 inch, or 2 times the maximum aggregate size,whichever is greater, of the new pavement at the join line. Repairs shall not be made to the pavement surface by tapering the thickness at the join lines. Whenever compaction of the final surface lift is complete, place all permanent traffic stripes, pavement markings, crosswalks,stop bars, and raised pavement markers as shown in the Plans or project Specifications. Placement of all pavement markings apd raised pavement markers shall be completed within 10 calendar days after compaction of the final surface lift. Protect newly placed traffic stripes and pavement markings from traffic and other deleterious activities until the paint is thoroughly dry or the thermoplastic is hard enough to bear traffic. 5. Agency Acceptance The Agency reserves the right to refuse to permit the use of material solely on the basis of a Certificate of Compliance, except for the asphalt modifier and crumb rubber modifier. The contractor shall allow the Agency or their designee access to observe any and all QC testing being performed. The Contractor must inform the Agency or their designee of the time and location that all QC testing will be performed. Contractor shall deliver samples of materials used to the Agency or permit the Agency or their designee access to obtain samples from any stockpiles or facilities used to store or produce materials used in the RHMA-D upon request at any time during construction. Agency reserves the right to have such materials tested by an independent laboratory for compliance with the requirements in Section 2 for acceptance purposes. Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal Recycle Reliable Contractor Declaration prior to commencing work. (http://www.calrecycle.ca.gov/Funding/Forms/Tires/CalRecycle739TRP.pdf). The Agency will use the results of the Contractor's QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3.Additionally,all traffic stripes and pavement markings must be in place. 01247.0006/634563.2 A-4 1 tive. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 6. Payment The payment quantity for RHMA-D is measured based on the combined mixture weight. If recorded batch weights are printed automatically,the bid item for RHMA-D is measured by using the printed batch weights. Contractor shall supply: 1. Time, date, mix number, load number, and truck identification are correlated with a load slip. 2. Each load slip shows the truck's empty weight and the truck's total weight including RHMA-D material. 3. Copy of the recorded batch weights is certified by a licensed weighmaster. The payment for tack coat is not included in the payment for RHMA-D. The Agency does not adjust the unit price for an increase or decrease in the tack coat quantity. SECTION 210— PAINT AND PROTECTIVE COATINGS 210-1 PAINT Add the following subsection: 210-1.6 Paint for Traffic Striping, 'avement Marking, and Curb Marking 210-1.6.1. General. All permanent striping and pavement markings on arterial and collector streets shall be hot applied alkyd thermoplastic in accordance with the provisions of Section 84-2.02 of the Caltrans Standard Specifications. All permanent striping and pavement markings on local (residential) streets shall be alkyd thermoplastic in accordance with the provisions of Section 84-3.02 of the Caltrans Standard Specifications. 210-1.6.2. Thermoplastic Paint, State Specifications. Traffic stripes and pavement markings shall conform to the provisions of Section 84 of the Caltrans Standard Specifications. Contractor shall paint a solid black stripe between all double thermoplastic striping. 01247.0006/634563.2 A-42 apering the thickness at the join lines. Whenever compaction of the final surface lift is complete, place all permanent traffic stripes, pavement markings, crosswalks,stop bars, and raised pavement markers as shown in the Plans or project Specifications. Placement of all pavement markings apd raised pavement markers shall be completed within 10 calendar days after compaction of the final surface lift. Protect newly placed traffic stripes and pavement markings from traffic and other deleterious activities until the paint is thoroughly dry or the thermoplastic is hard enough to bear traffic. 5. Agency Acceptance The Agency reserves the right to refuse to permit the use of material solely on the basis of a Certificate of Compliance, except for the asphalt modifier and crumb rubber modifier. The contractor shall allow the Agency or their designee access to observe any and all QC testing being performed. The Contractor must inform the Agency or their designee of the time and location that all QC testing will be performed. Contractor shall deliver samples of materials used to the Agency or permit the Agency or their designee access to obtain samples from any stockpiles or facilities used to store or produce materials used in the RHMA-D upon request at any time during construction. Agency reserves the right to have such materials tested by an independent laboratory for compliance with the requirements in Section 2 for acceptance purposes. Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal Recycle Reliable Contractor Declaration prior to commencing work. (http://www.calrecycle.ca.gov/Funding/Forms/Tires/CalRecycle739TRP.pdf). The Agency will use the results of the Contractor's QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3.Additionally,all traffic stripes and pavement markings must be in place. 01247.0006/634563.2 A-4 1 tive. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.2 Preservation of Property. Add the following: Any irrigation systems in conflict with the proposed improvements that are removed, damaged, disturbed, or broken shall be modified/relocated, repaired, and/or replaced to be operable and provide full irrigation coverage to the areas requiring irrigation using new materials, equal or better than the original materials, with 20 mm (3/4 in) Schedule 40 PVC being the minimum acceptable for underground lines and 13 mm (1/2 in) Schedule 80 being minimum acceptable for risers and with the systems not being out of operation for more than two (2) days. All trees, shrubbery and lawns deprived of normal irrigation watering due to a disruption of service caused by the Contractor's operations shall be regularly and thoroughly irrigated by the Contractor so that said plantings will not be damaged. If any trees, shrubbery or lawns die or suffer unacceptable damage as a result of or precipitated by the Contractor's operations the Contractor shall replace same with the same plant species and size. Existing grass lawns within areas that must be excavated and/or re-graded shall be replaced with grass sod in kind. Dead, dying, and unacceptably damaged grass shall be replaced with new grass sod. 300-1.3.1 General. Replace the entire subsection with the following: Unless otherwise stated on the Plans or Specifications, all material removed from the Work shall become the property of the Contractor and shall be disposed of in a lawful manner. Removal shall include, but not be limited to, 1) All excess excavation material not needed for structural section 2) Debris 3) Miscellaneous items The contractor shall conform to the following requirements: 1) The Contractor shall not start any removal work unless it is prepared to perform reconstruction work within 24 hours of the time removals were begun, unless otherwise approved by the Engineer. 2) The Contractor shall complete forming and pouring of PCC construction within five (5) working days following the removal of existing material at any location. 3) The Contractor shall not remove on-site improvements until it is prepared to construct the adjacent street section and shall promptly restore all such improvements as applicable, upon completion of the adjacent street work. All concrete removed shall be hauled off the Work site no later than the calendar day following the day that the removal is performed. Prior to making removals, the Contractor shall meet with the Engineer to verify the limits of 01247.0006/634563.2 A-43 heir designee access to obtain samples from any stockpiles or facilities used to store or produce materials used in the RHMA-D upon request at any time during construction. Agency reserves the right to have such materials tested by an independent laboratory for compliance with the requirements in Section 2 for acceptance purposes. Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal Recycle Reliable Contractor Declaration prior to commencing work. (http://www.calrecycle.ca.gov/Funding/Forms/Tires/CalRecycle739TRP.pdf). The Agency will use the results of the Contractor's QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3.Additionally,all traffic stripes and pavement markings must be in place. 01247.0006/634563.2 A-4 1 tive. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 removals, locations of joins, to establish smooth joins and to ensure proper drainage. The Contractor may make minor changes in the location of joins and the limits of removals, provided a smooth join and proper drainage can be achieved and it has obtained prior written approval from the Engineer. In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the Pre-Construction Meeting, for approval a proposed route for hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route. SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION 301-1.3 Relative Compaction [replace the first paragraph with the following]: The top 150 mm (6 inches) of subgrade material under street structural section and curb and gutter shall be compacted to a relative compaction of 95 percent. The top six inches of subgrade material under alley pavement, driveway, and sidewalks shall be compacted to a relative compaction of 90 percent. SECTION 302 — ROADWAY SURFACING i 302-1 COLD MILLING OF EXISTING PAVEMENT 302-1.1 General. Replace with the following: Cold Milling shall include edge milling, header milling and profile milling as necessary to provide the required grades and allow for a smooth pavement profile in preparation for asphalt concrete overlay paving. Milling limits shown on the plans are approximate. The Engineer may direct the Contractor to cold mill in other areas, as necessary for construction. Some adjustment of limits and depths will be necessary to accommodate paving requirements. Care shall be exercised not to damage adjacent concrete including curbs without gutters. Gutters or curbs damaged shall be replaced at the Contractor's expense. Existing asphalt concrete shall be milled at the locations and to the dimensions in these Specifications or as directed by the Engineer. The cold milling making shall have a cutter head at least 30 inches wide and shall be operated so as not to produce fumes or smoke. 01247.0006/634563.2 A-44 remove on-site improvements until it is prepared to construct the adjacent street section and shall promptly restore all such improvements as applicable, upon completion of the adjacent street work. All concrete removed shall be hauled off the Work site no later than the calendar day following the day that the removal is performed. Prior to making removals, the Contractor shall meet with the Engineer to verify the limits of 01247.0006/634563.2 A-43 heir designee access to obtain samples from any stockpiles or facilities used to store or produce materials used in the RHMA-D upon request at any time during construction. Agency reserves the right to have such materials tested by an independent laboratory for compliance with the requirements in Section 2 for acceptance purposes. Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal Recycle Reliable Contractor Declaration prior to commencing work. (http://www.calrecycle.ca.gov/Funding/Forms/Tires/CalRecycle739TRP.pdf). The Agency will use the results of the Contractor's QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3.Additionally,all traffic stripes and pavement markings must be in place. 01247.0006/634563.2 A-4 1 tive. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 The depth, width and shape of the cut shall be as indicated in these Specifications or as directed by the Engineer. The final cut shall result in a uniform surfacing conforming to the typical cross sections. The outside lines of the milled area shall be neat and uniform. The road surfacing to remain in place shall not be damaged in any way. Where transverse joints are milled in the pavement at conform lines, no drop-off shall remain between the existing pavement and the milled area when the pavement is opened to public traffic. If asphalt concrete has not been placed to the public traffic, a temporary asphalt concrete taper shall be constructed. The asphalt concrete shall be placed to the level of the existing pavement and tapered on a slope of 30:1 or flatter to the level of the milled area. Temporary tapers shall remain in place no longer than seven (7) days. Asphalt concrete for tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Asphalt concrete tapers shall be completely removed, including removing all loose material from the underlying surface, before placing the permanent surfacing. Placement of Asphalt Rubber Hot Mix (ARHM) shall be done within three days after the cold milling operation. 302-4 SLURRY SEAL SURFACING. 302-4.1 General. Add the following: The Contractor shall immediately inform the City of any necessary asphalt patching or repairs, and all other roadway surface preparation work not included in these specifications, but is required in order to achieve the required quality of slurry seal work, at any project location. Prior to Slurry application, the Contractor shall perform the following preparation Work in all project areas, unless otherwise specified: 1) Remove all existing pavement striping, markings, and legends, and raised pavement markers per Section 314, "TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT PARKERS," in these Special Provisions. 2) Apply crack sealant in accordance to Section 302-14 "BITUMINOUS PAVEMENT CRACK SEALING," of these Special Provisions. 3) Protect all manhole covers, drain inlet covers, monument covers and all other utility covers from Slurry Seal operations by applying a sheet of plastic, cut to fit or placing a plastic bag over the exposed facilities or other methods approved by the Engineer. All traces of plastic, residual emulsion and Slurry shall be removed from all manhole covers, drain inlet covers, monument covers and all other utility covers as quickly as possible, after the application of Slurry and/or prior to final acceptance of the project. 4) Clean all surfaces that are to be Slurried, including removing all debris, vegetation, and other organic matter, removing any standing water, and sweeping the project area to remove all loose rocks and material. 01247.0006/634563.2 A-45 ratory for compliance with the requirements in Section 2 for acceptance purposes. Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal Recycle Reliable Contractor Declaration prior to commencing work. (http://www.calrecycle.ca.gov/Funding/Forms/Tires/CalRecycle739TRP.pdf). The Agency will use the results of the Contractor's QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3.Additionally,all traffic stripes and pavement markings must be in place. 01247.0006/634563.2 A-4 1 tive. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 302-4.11 Measurement and Payment. Delete this subsection and replace with the following: Slurry will be measured by the square foot (SF) for the actual pavement area slurry sealed. Quantities shown in the Bidder's Proposal are based on estimated measurements of the project areas and are approximations only. Compensation for preparation Work described in this Section will be considered as included in the Contract Unit Price per Street for the items of work involved and no additional compensation will be allowed therefore. No payment shall be made for any area requiring re-application of Slurry due to damage of Slurry, prior to acceptance of Work. 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.4 Tack Coat. Add the following paragraph: A Tack Coat shall be applied between base and finish/surface courses when i) the finish/surface course is not placed immediately after the base course (within 24 hours AND with no traffic using the base course surface); ii) to existing paved surfaces where new asphalt concrete overlaps or abuts existing pavement; and iii) along all edges of concrete gutters and PCC pavement slabs. There shall be no separate payment for Tack Coat. 302-5.8 Manhole(and other structures ). Add the following: Contractor shall be required to remove manholes and utility access covers to below the depth to be removed and restore said covers to finish grade upon completion of paving. Add the following subsection: 302-5.8.1 Payment. Payment shall be per the Contract Unit Price bid per each for adjustment of utility access covers (valves, meters, pull boxes) and manholes to grade. When applied to pull boxes, adjustment shall include the lowering or raising of conduits accordingly, as required per this provision. Add the following subsections: 302-14 BITUMINOUS PAVEMENT CRACK SEALING. 302-14.1 General. Bituminous pavement crack sealing shall consists of furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the Work involved in the application of bituminous pavement crack sealant. All pavement cracks equal to 1/4" in width or greater shall be sealed. 302-14.2 Cleaning. Prior to crack sealing, the Contractor shall be responsible for properly cleaning all pavement cracks to be sealed, to the satisfaction of the Engineer. Cleaning of 01247.0006/634563.2 A-46 hods approved by the Engineer. All traces of plastic, residual emulsion and Slurry shall be removed from all manhole covers, drain inlet covers, monument covers and all other utility covers as quickly as possible, after the application of Slurry and/or prior to final acceptance of the project. 4) Clean all surfaces that are to be Slurried, including removing all debris, vegetation, and other organic matter, removing any standing water, and sweeping the project area to remove all loose rocks and material. 01247.0006/634563.2 A-45 ratory for compliance with the requirements in Section 2 for acceptance purposes. Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal Recycle Reliable Contractor Declaration prior to commencing work. (http://www.calrecycle.ca.gov/Funding/Forms/Tires/CalRecycle739TRP.pdf). The Agency will use the results of the Contractor's QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3.Additionally,all traffic stripes and pavement markings must be in place. 01247.0006/634563.2 A-4 1 tive. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 pavement cracks shall include, but is not limited to, the application of approved week killer, as specified by the manufacture or Engineer, removal of debris or loose material from cracks, and cleaning of cracks with a hot air lance. 302-14.3 Materials. The crack sealant shall be a mixture of asphalt cement, aromatic rubber extender, oil and a minimum of 20% powdered rubber by weight, combined in such a manner as to produce a material with the following properties: 1) WORKABILITY. The material shall pour readily and penetrate large cracks at temperatures below 400 degrees Fahrenheit. 2) CURING. The product shall contain no water or volatile solvents and shall cure immediately upon cooling to a sufficient viscosity to prevent tracking by traffic. 3) LABORATORY EVALUATION. When the sample of the product has been heated at 350 degrees Fahrenheit for two hours, it shall pass the following tests: • Softening Point(R& B): 135 degrees Fahrenheit Min. (ASTM D312) • Flexibility: A 1/8" thick specimen of the product conditioned to 10 degrees Fahrenheit shall be capable of being bent to a 90-degree angle over 1" mandrel without cracking. • The sealer shall be forced into the crack by use of a squeegee. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS 303-5.5. Finishing 303-5.5.5. Alley Intersections,Access Ramps, and Driveways. Add the following: Unless otherwise approved by the Engineer, the entire affected curb and gutter portion shall be removed by sawcutting the adjacent AC pavement one (1) foot from the edge of the PCC gutter. Where applicable, the contractor shall reconstruct this one (1) foot wide section with a 3-inch thick section of AC pavement (C2-PG-64-10) on a 4-inch thick section of 1-sack cement and sand slurry mix on an 8-inch thick section of untreated Base. If the affected curb and gutter is located in a spandrel, the spandrel shall be sawcut six inches (6") minimum from the flow line of the gutter and the spandrel reconstructed to match the existing spandrel portion to remain and be on 8 inches of untreated Base. No extra payment will be allowed for the PCC spandrel construction. PCC Access Ramps shall be constructed at locations shown on the Plans and per the 2015 Caltrans Standard Plan A88A, included in Appendix IV. PCC Access Ramps shall not be poured monolithically with concrete curb. Access ramps constructed in existing curb returns may obliterate survey tie points. The Contractor shall give a minimum of three (3) work days advance notice of each location to the Engineer prior to removals so the CITY may reestablish the existing survey tie points. Detectable Warning Surface.Access ramps shall have a single piece prefabricated detectable 01247.0006/634563.2 ove all loose rocks and material. 01247.0006/634563.2 A-45 ratory for compliance with the requirements in Section 2 for acceptance purposes. Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal Recycle Reliable Contractor Declaration prior to commencing work. (http://www.calrecycle.ca.gov/Funding/Forms/Tires/CalRecycle739TRP.pdf). The Agency will use the results of the Contractor's QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3.Additionally,all traffic stripes and pavement markings must be in place. 01247.0006/634563.2 A-4 1 tive. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 warning surface with dimensions of 36-inches(perpendicular to curb)by 48-inches wide(along curb) installed in accordance with the 2015 Caltrans Standard Plan A88A and comply with the requirements of the Americans with Disabilities Act(ADA). Detectable warnings shall consist of raised truncated domes with a base diameter of nominal 0.9 inches, a top diameter of nominal 0.45 inches, a height of nominal 0.20 inches and a center-to-center spacing of nominal 2.35 in(60 mm). The edge of the detectable warning surface nearest the street shall be between 6"and 8"from the gutter flowline. The detectable warning surface shall be a Cast-In-Place Replaceable Tactile Warning Surface Tile. The color of the detectable warning surface shall be Dark Gray (Federal Color No. 36118) or as approved by the Engineer prior to installation. The detectable warning surface shall be installed in accordance with the manufacturer's recommendations and instructions. The manufacturer shall provide a minimum 5-year warranty, guaranteeing replacement when there is a defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience or attachment. The warranty period shall begin on the date of acceptance of the Contract. 303-5.7 Repairs and Replacements [Add to Subsection 303-5.7, "Repairs and Replacements," of the Standard Specifications, the following] In order to minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his work so that no PCC is poured after 1:00 p.m., unless otherwise authorized by the Engineer in the field. The Contractor shall barricade and protect placed Portland Cement Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement Concrete damaged, defaced, discolored, or defective shall be replaced to the satisfaction of the Engineer at the Contractor's expense, and no additional time will be allowed. Grading, patching, or other remedies to correct the situation will not be accepted unless in the opinion of the Engineer the vandalized area is so small that it does not warrant replacement. Concrete replacement areas shall be from score mark or control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut. SECTION 601 —WORK AREA TRAFFIC CONTROL 601-1 General. Replace entire subsection as follows: Work area traffic control shall comply with California Manual on Uniform Traffic Control Devices (MUTCD)Standards. 48 Technical Specifications d monolithically with concrete curb. Access ramps constructed in existing curb returns may obliterate survey tie points. The Contractor shall give a minimum of three (3) work days advance notice of each location to the Engineer prior to removals so the CITY may reestablish the existing survey tie points. Detectable Warning Surface.Access ramps shall have a single piece prefabricated detectable 01247.0006/634563.2 ove all loose rocks and material. 01247.0006/634563.2 A-45 ratory for compliance with the requirements in Section 2 for acceptance purposes. Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal Recycle Reliable Contractor Declaration prior to commencing work. (http://www.calrecycle.ca.gov/Funding/Forms/Tires/CalRecycle739TRP.pdf). The Agency will use the results of the Contractor's QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3.Additionally,all traffic stripes and pavement markings must be in place. 01247.0006/634563.2 A-4 1 tive. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 .-l- , . .„,-, '.4/..9% i I Legend • , , ,,,,"•'-' !II'.''IN Intersection Improvement Sites----,-_,-I b .1,,,,twa Rt.' -`''. • - ; ' I It :-.' firS•%.:".' .. ,.' 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M .V!FP.1 r- 1--• I, I i j: 6 .3 E., . - Main St 4... . . A It 4 ,;.. 49 Technical Specifications h concrete curb. Access ramps constructed in existing curb returns may obliterate survey tie points. The Contractor shall give a minimum of three (3) work days advance notice of each location to the Engineer prior to removals so the CITY may reestablish the existing survey tie points. Detectable Warning Surface.Access ramps shall have a single piece prefabricated detectable 01247.0006/634563.2 ove all loose rocks and material. 01247.0006/634563.2 A-45 ratory for compliance with the requirements in Section 2 for acceptance purposes. Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal Recycle Reliable Contractor Declaration prior to commencing work. (http://www.calrecycle.ca.gov/Funding/Forms/Tires/CalRecycle739TRP.pdf). The Agency will use the results of the Contractor's QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3.Additionally,all traffic stripes and pavement markings must be in place. 01247.0006/634563.2 A-4 1 tive. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 . .., 0:2 ____, 1. ; , 7 P '':.- 1— .::..11.-J , Ih" , 1, DlEV ?il ---"'i "-•••• ifr , .SG VI 01 0 „ 'll, '. , ,,, , 11I•1...,-;1 .. ••, ; ,..i- P „,• . ci.,1,1 .., i §,- 14P-1-4 15:-. .. ,, .A t i I—• ,, Ogii ,4 a-,, ‘ 'f ,---J'- ,,-.7.-. -S \ -• ".• 7-.: :j1 5 — ; 17" •1:7„.. F4-"r*1 g! 1 • k'',', ' •',f 'IP i :::- .-... /• 1 g 1 i ii ,1 i I , ( • r I 47: -A, ,,,,,2 , ; .1;,:" ...1 ''.';•'"N I)d z,r, •; . E.•?:::- 1 4 ,i '; ; .,M•nl-C7h` at 1 I P•.,16 ' 1.t.t..!---, Pi ' rf; "D4t 41 rill 0 0 -I & i a 0 1 S 5 2 4 5 5 i 313 ;,. el 2 5 3 5 ISIS 43 . 3 ,.., F.; : )::-$. , , ..1•• .' '....-,1 41 III 1 . , • :,,,I , ' ; :; gia ut i -: Hi eAll a04 X6" 1 2 1il— a A 34 P3=1 42ET3 'j ;a-1 . i,, l;! • itcF-1l1.e§,,,af4 5')1" •''1gqi,..;i'17'7 4s.0'q4';':''; D - q g , ;42P1 ; 8 , O E R T a &'- h '1' e.-i I;i 9 Cf. 9 a 8 a 9 0 9 9 (a ,a,5 a(;.2)(a 9 9 9(11(0,a 2i.ND ca ta ta 19 e .',...,, 'o.-7• 1!i'III II f " I 0 i! Idi i , 0 i ‘ 1g $ o 4,i :'' P 11 , ,, I, e III N 1.ii .1:., ..,i i g 1!I 1l 1.1 On 42c;C W. r r 2 3 LI Z1 e; h A •— _ 41-s•5 ,t,;- .. •••• .. 2':!`, 2, 5'g :,4=-,- ! 7..... ail i-111 (23 x.a.,!. '6?.?!, 1 gr, 11 P- . 04; figH 1 W Z i i X! i 67.- Ai III' 21.h 0 v--=Ck fi 4'l.... ..: . ".e.a hal ra, -27,1-a P, r, t-' A t; g 'On WI .gi. ..-$.La,, Itc--- ; 2 51 p' ' 1 - gl ,'i •,----• 1 :_•,•.3,0M l Vashi-gqi go-'- g aii g,--,1. : 1p (F-e_71,,LEI ibv ,z1 ,14.,,i, 4 ;,. 4 ig;1 f k:.1 ::. . ; ..,,N-.,,, 'Di 421 f'n N-1 %iS A hR x A iO3 44 i 11.3.W4, ':4 •• .. -----z--:1 g---_, 5 1,4Th 1.1Et8.& '- Ir. I 1 I11'55 31,5 aaeon.•43d Vc15.3,4 I .3.1.13 I.K7S8I.:133,0 4,4 .131 50 Technical Specifications Forms/Tires/CalRecycle739TRP.pdf). The Agency will use the results of the Contractor's QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3.Additionally,all traffic stripes and pavement markings must be in place. 01247.0006/634563.2 A-4 1 tive. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 si C U CONSTRUCTION ON NOTES b ,,Vg'um r.c rm as m,r. CO) firn.�°anfr1e+ta�(ai,vpm r.,vtari°" ".4.1 ti0e 5),rmv.,r.s uo...a...wv d 4 L�uwi nao.,c an we sv.a,cn ii* iSOLAR FLASNINO STOP AHEAD SIGN 1: Uimv`e%=' ,s1-4.,:'n g ,1 ( CHAPERONED EOLAL G 7 ccina'.0 s9'ia tin u,vr'" CO) / L"'vr .7Wtrarcst' asry ens 4 n, n p =s ,�`" fit' P'' a,. n"[nsa:,ci x as ==.=a_ "" ✓ �.�` f' e STREET LIGHT OR APPROVED EQUAL ,(_a)n..is.as„u ar,r..wa .a g ____..,,`4�.. „\ ,J ,4 �J� .r (a r.+,P.E n'SnG rn:,t..MR.t,tni Um '.,, �ir �`i��iA„/�'F .;c. 4 L4.s..,[Ro, r o n.n Ram.,°um,.00,00n .a_t;--- / 'Tn Aiq a - '`),.Prr D.r<rm.s a,..+,: �iij •..ia2 63 Tan1% z.': , ..P o n, `` IV Ni �- tar _ [anM mm.rv.n rn am ' �1;x —,,,a,„,-,—.......,-, u" eu riss�'aca ;NM '" n�m a ` w OR APPROVED EQUALr. ..R[4,c nw 0,e.y' '-'i o". ,R.s°u,ua n.aas..n rw w,x ' :5 ,:n '(4,y ,umw,N,.'e '[, u z,- a - -',C„c a cn4.[c241"rn..a IA':it 65,n to.,o.wn.aA,rP..aa,. ,'At.vm,aw,., , c � � .�.,a...v,..,ay..Aa,a,wwr..,w.:on a,,v. , s or<<ra.[mon of MI VCIROO Avenue Dare Cantu Strcol, Grand Terrace Ruud T` (p Cr:;a ,'a.... v anm�n i i.•" l!;_ ,.,°�i v..x ssw,.a.r.•ucnv.,c,r..,ovu,.�ru",,,.., ,�"°;w.. 4) Salk roAr :y.,..a.MVia,S..,.Porsa,:m w,G Erma tk xx ' _u STRIPING AND SIONALE NOTES' ..---,S—.-` uu ,t v s..0 IL LA GRAPHIC SCAB: ��— n rvn ro,rr.c a,rm.c A.o iir - '�PEPROFEEDB FEEDBACK SIGN NS OF SOLAR AP RADM SPEED ca:[cnc.n ac.n wea sou n' � s e FEEDBACKSIGN PER CITY APPROVAL ¢.....aa'"A E ... wn'v:c L',fDS+WUJ.t%aAIPti Ul lµ+nn ,'~�� Oo • RF]:_:u+Nn 9t[r l,o a �� 1.1na`o_ 1-`= �. -------_... r E CITY OF GRAND TERRACEI 5 OAD .� Gu Dr_ , !._.— 2(4,W11C v.w u E..A.� ._ f._—._.._._..._ ._.. .._. ., p ST SITE F+NOIN�ERG�6.INC. ToaulNrrnxcrrwr = —aN� L' — —, ,r� n � Roul LunlbIT�IEnulnvo•o INTERSECItON OF AfT.VERNON AVE AND S Flc,............. a u : xm : ..,rmam..... ,.. n .[ ...—._-..-..___._. n '\``�4't WE u..:.....,,.r,,..,..a.,.,,r� oc aREEmu.,aP DA n 6 NTILi D l/ ANAL STREETI GRAND TERRACE R r..N17,0."1rxEF ,- c-I>- a,drenw.nm.,.®,.n � /..• •- c.;:i31:&Viiii"uw'r;.riVc sE. _ __ ___ rR. 2w5cua iio' ' ...nE n, :• r e m,ai vv � .RI uuP[raicfl'cAl,o S�NNS.A,[e, �L..,...w...-,.n, ovT atd � vFar'' SVYr.A.JWFPI?W,,I..I.',5.... cA1F 7 +.v.rv:a .. c ...... r INIE.'* Tn V aracteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3.Additionally,all traffic stripes and pavement markings must be in place. 01247.0006/634563.2 A-4 1 tive. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 Mr El CONSTRUCTION NOTES EU li 1 I I o II LN0 N PAVE.. ; AA INSTALLm G LMa n NO RED aR WE 4.4 II S. A MP AMP PAwnlmi y O 4wo �n�TMr }. , ! CDI I1 I 0M OIL owl.SAP Sal RI-I(Sessil. II , ,I 0 moms ID RM APva12u Sme MO. I 0 d 11Q I,' RASH.STEW m��l OTY _,1uuB 1I P I, ..PRA aR wmI1I a F mr , Us Barton Rd�a I P - 0 s m x7,croRl v 2 ,7. . v; m - — R w"v«rr, o u cp }Ba FT - .. OmS,ow MP ,.4 ,sn.a II ]I Io_ _. _ - A . -- O'aC.L, �l ARROW ,ik vwl IHS AMA A VI Z."'"`" 'I0 11 O SMALL SPMITE LAM (maawAsi S} Barton Road- --°L—-- 'I ' 0'au`..re. 5ow }P „c zar1: sr11 CO) s x Is I to• I, p ROAMS nsnm PLASHING WORMS WIT. fig $I e> I` j ; REV `r"050II0xa SAVAGE wnSn.;, nn �®®i a ' m it: R � m IswrinRl mu a eaA O MR S" I I1 -- - (ve Pn�,- ` .1 E e � I pPm RACE erwum wwsswro ROA Pw.m — oawr r ,II I(LOg )(( (1I > ' , I 0'0 ,,,g313,,," 00O wsro ®J.'I w� " muurAIP Sac Pm sm NN ( vxI II ,R na As.(muos.1. i &- , 0w n a%I..Im Wm P000R Pm .11 ;Ii eRS as RLmamumCOATI ROOS wni>n RAP PER Southwest Curb Return Detail or Mt. Vernon Avenue and Barton Road I II S.O.I. V &CASE•A AND DETAIL RaaoR. @„ SWOTS'Ia(aR MATS al OT u LYE Scats 1,217 I i (z's APART...T.@SIMS'MU... I I r a WNW ESPOI WA.. w ae C MPS. P11n/Awls,TOGRAM ©'P s°Ca O1.m 'Ami R 1A PAPP PER CALIR20 P DIR. SO 111 M. DECAL REa SMALL SOAR RADAR riii O COS waa,� R.WPM.SSA SIX ITETIERAL SP.]DRA.nMPH B § b,I i 1 O R APPROVAL UTE OMR �R0 010010 WISH MOM III Mt PRPmRP1 PIAMNIMTIAn555iIN.uO LOOM MOS y o I - City Center Ct STRIPING ANO SIGNAGE NOTES o r Intersection of Mt. Vernon Avenue and Barton Road TM P swarm um 1Eraas 0011 a Map Arca 2 1 5 Scale 1"40 Mf�1a o,x eAa m uwkc ar swnm as GRAPHIC SCALEIr 'R Puinl[Ii brad 1u1 renal APPROVAL PSBR C � 1�:�'wglEl.TM P arFR xmAErSwaa,�al ME rc rmnurm xmn nag ewGI�Rw n BENCHMARK: CITY OF GRAND TERRACE s Pn • suu r lef.a urn al �p> WEST SITE ENGINEERING,INC. lrrtwesarloN 3 �L_ plamawuwr Pminr as�npA �' caneuNanr tO(v_I�r'snpineare INTERSECTION OF MT.VERNON AVE 5 Q BEFIX(E I,, Y,7 P cAAONvz H,1670ED. I. Ei r.a.Ij Acsocis�r`�sas >'tixi Of srrasrsev..w AVE AND BARTON ROAD TOLL FREE _ _ _ :P", :111;s;am;`NWT°' ® -moan urn TM suvmsw 6 ' 30F5slrs wr.1q ,rri aeW ?0. u R.C.E.NO. m a o LOMAORODRD SEANCE MEAT ,M •=L1ir'treA "` 5® �0 '--' �Sabry S.Mtlalmalik,P.E. pR� .u,xale R y. Iwo InI[NO. mage, including but not limited to aggregate products, 01247.0006/634563.2 A-21 izontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall 01247.0006/634563.2 A-8 m n n CONSTRUCTION NOTES: 0.1 b I]INSTALL CROWDS siuun iz,w,eNT AR uuinv ruv ury wm, Y d5 PER sm PL RSP A2S(ettLPEo PAYswam �y I Van Buten StreetE-2 F. 2_a„...,-02,1 .9,,,. O I� w1Exr AP M. WALK PO SM RAP RP,MAT(INERIACP4SIIM ED < . rA0,53a ?-4r 296aao_R95.61; �,,,°� I 0ORM.DAmEeroPSCPPI,(Weer OWING e ©e r Qq r6o,���LL ':t��95 a•',:se `6 s p „R„•.a PRrmr�rR C § �So.. :11E 7 .Are a mea /O--. " 'I 0 IIZIMI4SAIF<:,w aim sal RA o,Y wes.'c� ms no ��� �f[j cw -- cc-� 'D'iM�I T ---N-- �'ama.*mai'im nue Inwe ALA i . -•,titre• n o"..EMVA N @Latta ,l3&e,.-".a •r\ tom r ,0 a�a l !MR. i E �° s"�ne0(s ).P R I248FE-'' s roR," , l I 3 0 s � 'iPE;wsl � II � RAi uoA in�.;oRasR« _—.—_ n w1Pu 1•S fE 8 De eem um .. I O' 'vW Sro PLaI OO A2'Ut, ruiSo ."°"- �08'--_—_—_—_— r'+.v(n.m„m.snel. `9`R' .$ 5" Southwest Curb Return Detail of Van Buren St and Mt. Vernon Ave ®Pew sro vr n erZi:nimus."awr,n. Scale r•=20 O P'w ero=n-n•AaaL�, wPR nel. Northeast Curb Return Detail of De Berry St and Mt Vernon Ave n 1 0 emu.De vent ulPr urE tmERucPusncl I II , CD Rim..COMPASS SM P4.11 AMA TI Scale l'=?O 0.-I,'a I ORI=o. (ME vsmc aw.R�RllcuwC I 0 RIME asum smRnO f u1 < i I C p c S PEen R C.mAns CS � _ uE O INSTALL an ORE!LIMIT er PEw S.,EP CAL1 ORNA m a> IS`, n :e 0 Pn,sr IN Pa=E CAMS:1ROP0 a II '«1. O ssss ea TM�fe sun¶L,R Na one PER em II 6 :II Q Pm Sm c II a •� N 0 vPiAI m�urru Swwaw a 'E I1 , 1 I ¢ ©nssr.O`n LsrnP loWRePm SID I d Il I d O INSTALL PLAN C TARNSP AMC PAVEMENT➢PE ALE 5116a VON RISER PER sro lg>I p, n -oEE OVAL or Cu.RETURN MOW ;0 i :I ©GL"R°RAL s sm""tea" W'.a.cT', :.,x AOA wµr Pm r ,I �,.'� 3 C PROTECT,w PLACE DORIS ea mw a m. µ -- -- " Illlllllllllllli a ) ' "' '; i 1 DW r Meet - D = O II IIIIIIIIIIII tom" _ "-�. ",r Semi AND RIME,•MAT MENEM.wam a nu rcsm ,�-S5 J f 'L 'D _ De Barry Street _________ _ _ --- @ O ..p... Van Bare---- eeee= gaaA - _ _ :�__.-•�- Van Buren Street O ' o p ®PaixEwa rownE 0 E = Van Buren Street r P, nt,1 urR 7,7,,r LT Rownm aPN RSnIWI"TM"A �11nIIIl I1IIIIII • _ - 0 7 _ _ .- - ©au PER cumuls aExsm sm..mr,usE-c Auo onwL Roavl. =____ 11 J i ` 't R ..._. ) .illllll llllllll' S___-- - ,------- ®��sllur a FCC 9o[wrix TO al BE wsnlc n? d"p '11 I Q I r 2,e/ 8't -•'(;u; ``I i' @'Lga ua ulfs avla1.7,n ktalla mTE"Pn"er rR'irc"ul"�'rur "r o Ir d� I n SEE.-TALL cr CRS RCMPN @ SPEED MODALS sal NM GENERAL SHED uraT w NaI PER CM S .N c I ALL semi RADAR c I �ii •� l i li 0 rA.a.u,O vALR•RRan Nmuy Rvolsmccr Rla vmrx T = ii1 y �u 0 j I it i, @ REPLACE mm Snxrte mA.erz,o WPM c®mc gPI N In I ai I 1 , G SI 5 ii 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w ,.....1 0 a ... CONSTRUCTICol NOTES: _.....—....._.-....— O 0 1,1,LALIp1.0:11r.2.1.FA.rvair 4.... C1.1 WO.1....(12,01.SPACII6 I,..ini•LILIVIATIO/HO Pa ear, PIER Era F4%PS,a."(51711,IE P4hEatiV). U. O (..1)1...=:......re vac....0 S.Op...,, zu ..... ® " l'h til _ 7., ,, , ®'4-71',0`="4•71n"c`'cao:•'••,•,.... . 2. . ®'Ztzt"la'i'rp=•Irtlailus..1 0 'I I .' !I Q9)PErelDTCAT'AJZV.NACVarrICI 1 I 1, !I (E,.i..1004 DOSING ST... 1 1 1 It S'P. :! C...2., -Id',ti4' 1.1 • '-, Mt MIMI 0,C,3111,[1,..Pi la, Q-i.,,,,,,,,„„,,,,„„,,,,.„,„,,,,,,,,,:, GI NSI.I.svrCi um,BY tn.Mormon 011,01,.On.* S EON; _ '.._t...,•. 9' "..i..,'-'4'-'—'4'—'''''.1.1.‘" •r--'r(-7-22 .q,,-".:1111 1111111111,,f', Pico Street E.,MOITCI I.R.MS.<$11•10.4 ,...), &-• = 71-,9 0)rii) E .,... -2,4'• ''''''' .. isat.7-0.0 : .... • I Pico Street—-1=—-si,-,= ' , -). .. ,, g ,,---''-'__•-(••=',.,- ,,minimum,.<14'417"'—""--""' ''-'ON,Nra.`;,t-'V?"'"`"'n'''''"'Itlipl•LI DU _ 11 C r A ,•,` :1 •ir-.7—", ,r,-„Y.t. _ ''''''. - ..44—,...-„,taLi" .5-' i ^3'''.-.. I, <1 A 1A•041 um. .4;,.. ,, ',':7 •_.7.16,1,erim 1 ••••• g : •,•••,,,•=,,1-.•,..,,,,•••• • -,," '/&?;7".,i7.°:! •• 1 ,g u' EI'lltgri, 11 , I(E,.. kl 1Z •••• ..(t (I'=.070%7=LIATXJ"tre%17:11L.ri=2;r71=ZZ)." ' A I I II I I I 1%2.,1:: , I II II , ! 0, ,,,,.). 12 , .„ l ortheust and Southwest Curb Returns Detail 11 , (p),,,,,,,,i,,,,,,.,,,,,,,,,..,,,m quo,neoni ' li at Mt. Vernon Avenue and Pico Street Intersection of Mt Vernon Avenue and Pier,Street 3fap Area S con,eon,a zoo 4 I.can:'an on PO-LS Scale 1,20 tl Swirl...Al if STRIPING AND SIGNAGS NOTES' :.,i1=1.Z.NriC',NJ Ira.ink!.I% gx eafw•no:' 6 m..rzszz,,,,,,,warm Afro.PRIOR CHAPMC SCALE 6 , .....?..1161ruo CM..On WIZ+O,O Cut .,:. . -Irkii4j1JIFIrldnoL .,•,2 e_,7 BENOINAAK. 6 ' "'''''' ''21 ---" W.FSTX:tr,iffr' — WEST SITE ENGIREERING,INC. CITY OF GRAND TERRACE 9"5-' .__ Dn.f1.41 IPS VIL,Ciall — — — ConeUlteml$Ofy41EnRInaore peon,,,,,,,,,,,,,,,,, INTERSECTION OF MT.vERNoN AVE (P'sick.7.3141 • 00 OF STAKT3 cA.•. AND PICO STREET ,..,=, ,,,,,--da---eris-66 — 5 crSuan ' . Zr-OsS-o•rq --A7i,:virica7awi75,TRWb ,..I,"7"---- i kag.:i'a*;ZER• =,\•,74=trZi,^2 .i.r...2!._._n_. g. _!•3_..._29.._._ ,.......g:_y GDP Suory S Alwel,,..... ----1,----1,.. I r 2,e/ 8't -•'(;u; ``I i' @'Lga ua ulfs avla1.7,n ktalla mTE"Pn"er rR'irc"ul"�'rur "r o Ir d� I n SEE.-TALL cr CRS RCMPN @ SPEED MODALS sal NM GENERAL SHED uraT w NaI PER CM S .N c I ALL semi RADAR c I �ii •� l i li 0 rA.a.u,O vALR•RRan Nmuy Rvolsmccr Rla vmrx T = ii1 y �u 0 j I it i, @ REPLACE mm Snxrte mA.erz,o WPM c®mc gPI N In I ai I 1 , G SI 5 ii 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w CITY OF GRAND TERRACE SPEED FEEDBACK SIGN AND SIGNING / STRIPING PLAN o ippips. TRAFFIC SIGNAL GENERAL NOTES �' ,,. ,# 3`� t w pan T=. TM -4 .4 -) ;T" , E .e.. _. nm,ro xu r✓aau.s w ,ounw aa� $' T R"- :.'y.- VICINITY MAP TS e,wau,.,Fr- uxwa.xvw�,,.�,rar,wc.r„ww,..xD - ' cet - SIGNING AND STRIPING GENERAL NOTES .<sw,...n,Oft xo0,xcwox,I. a.wxwgn wm,w„w �'-'dkekt wsi[ F'612 atfr' 'r&,..xx iae •"A"I'V LIETTI'll"o nxa,...,a,m,e�.,�,sw...xw.7—`''oa""xuew'a. m COW 1109 SW/ TO THE CV SIGNS In�xOC.20 • ..0 ANO R„m•�,x ox Fw ,o ay..w.0 x • . •u 9 _ I LUvnw,vozalm%,.Huai m a fla—D Wm M Jm—Lb R d 5 E J lYieeto,aitd en,1ro Merl .+� CITY OF GRAND TERRACE 849 flu;,V�4m 1 �`� S __ SPEED FEEDBACK SIGN 8 "AO/ ov.e vx,mry an &SIGNING STRIPING PLAN aka 0) _ . 1 _ BARTON ROAD ro.omu v� woo •v wwv.n«�v u•e .ten.®.=v®,+va• �'�� w ed•, REV SIGN vn AM WA SCALE: AS SHOWN I SHEET:1 I OF 2 A•041 um. .4;,.. ,, ',':7 •_.7.16,1,erim 1 ••••• g : •,•••,,,•=,,1-.•,..,,,,•••• • -,," '/&?;7".,i7.°:! •• 1 ,g u' EI'lltgri, 11 , I(E,.. kl 1Z •••• ..(t (I'=.070%7=LIATXJ"tre%17:11L.ri=2;r71=ZZ)." ' A I I II I I I 1%2.,1:: , I II II , ! 0, ,,,,.). 12 , .„ l ortheust and Southwest Curb Returns Detail 11 , (p),,,,,,,,i,,,,,,.,,,,,,,,,..,,,m quo,neoni ' li at Mt. Vernon Avenue and Pico Street Intersection of Mt Vernon Avenue and Pier,Street 3fap Area S con,eon,a zoo 4 I.can:'an on PO-LS Scale 1,20 tl Swirl...Al if STRIPING AND SIGNAGS NOTES' :.,i1=1.Z.NriC',NJ Ira.ink!.I% gx eafw•no:' 6 m..rzszz,,,,,,,warm Afro.PRIOR CHAPMC SCALE 6 , .....?..1161ruo CM..On WIZ+O,O Cut .,:. . -Irkii4j1JIFIrldnoL .,•,2 e_,7 BENOINAAK. 6 ' "'''''' ''21 ---" W.FSTX:tr,iffr' — WEST SITE ENGIREERING,INC. CITY OF GRAND TERRACE 9"5-' .__ Dn.f1.41 IPS VIL,Ciall — — — ConeUlteml$Ofy41EnRInaore peon,,,,,,,,,,,,,,,,, INTERSECTION OF MT.vERNoN AVE (P'sick.7.3141 • 00 OF STAKT3 cA.•. AND PICO STREET ,..,=, ,,,,,--da---eris-66 — 5 crSuan ' . Zr-OsS-o•rq --A7i,:virica7awi75,TRWb ,..I,"7"---- i kag.:i'a*;ZER• =,\•,74=trZi,^2 .i.r...2!._._n_. g. _!•3_..._29.._._ ,.......g:_y GDP Suory S Alwel,,..... ----1,----1,.. I r 2,e/ 8't -•'(;u; ``I i' @'Lga ua ulfs avla1.7,n ktalla mTE"Pn"er rR'irc"ul"�'rur "r o Ir d� I n SEE.-TALL cr CRS RCMPN @ SPEED MODALS sal NM GENERAL SHED uraT w NaI PER CM S .N c I ALL semi RADAR c I �ii •� l i li 0 rA.a.u,O vALR•RRan Nmuy Rvolsmccr Rla vmrx T = ii1 y �u 0 j I it i, @ REPLACE mm Snxrte mA.erz,o WPM c®mc gPI N In I ai I 1 , G SI 5 ii 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w co cl I POLE SCHEDULE I AN EA 9 A 1 a E STANDARD mutts E xuta a• m A+nPxn Ewu J. ® ,AC WC TIT. ' ttff IA IV �� Y[NG�f0 MOB.MOB. a -1.IS S 'A'ATTAxs FRGY PAW •• s IM IA IS u P.O.0:0 FOREA.Jt ADA -ERA S 'A DISTANCE EPou RAFTER ST(DI T PRESTON STREET I /:'.'''mawn ' ,__L_ A,aa ,�.�6—yea Eu",oTaT,En • • LiA !{ I V j".A I I1.,eren...i"\ .i }pr x I'1 .g[. EMT NusESIGP (q / r,1��i ,,:f,:r 1: die,, N �+ FOOTNf.FFTAII N� !':��"/m' ± icy'f wn / _ ' - .iF '.,,, ,�.--I� ,:,"ram. .xG ..y 1 '�. t..x�.mla MO MOM AN.Pm.wa.n.��� Gva,� ` '�r '/` 1� '' .4 ..PPPt,r wv.�A.�>•.a� / � ,�,--'"-' � �1,-}''-tT ft?"I MT VERNON AVE DETAIL'•A'• I ARLISS DR /� i '.J� - "'-,. Q/ h I ' i zroct-tt ,,e .',. ,'_Az_ pNP P rll Owo anm i»`! cuAo ",�a V !I)xnTtart,m I'I Is I'.. % • • artFn I 4 '1 �/ PRESTON STREET �I�,•;.i'°;'I ,cs i BARissum TON ROAD)_, 1„ / .-..; ;.; : NLE j N _��W'^' e_},. - .^4- - - - ...___ _ — ,1. 1 __ -I� O+v� PE-t(w)Q'1 -(1 w.(W IRWK4 • I 'SPEED 45 ,R.:_.!_-= E LIMIT n R W" ,.:. _...,ij.' . 1 4 Wwr__-,Q — w--t1e� _r. ,....,_ — -`\4l. - L/i AVE— RIx E :.,....._ r>v a DST xnt .,--_._P__ 1 L 'fir '` w-TwI t , ...... . E>° ' �mva ROUTE ocvnw 1 1t 1„ - _ I——_ .. . — Fix: TRUCK • . (t I __ b .-. •"p.. aos SHED ..xo Mno RGUTE h x�,c s a I y . tV.1„Ill Awwx L.tl '�; it, `s d5 n Ili I xvov / �' vcu E. �'- I d I._ A m 1 II'.1 cy pLSAT'P' LtHE ^1 1, =-?'= E oEruaiiFx BONING CON5TNtlOEK7N NOTES 9TRPNO CONSTRUCTION NOlE9 IY BANE any MT VERNONAVER ®Pm STANDARD vaA O▪ "/AAAAPPPAL,TRRTVS S, o:Ro S'w'";"AE PAvo.SE, "PTA TEA)N,P .41 Qi to TRAFFIC wGRAPHIC SCCALE i QE rw -iomNO PAauxG PRE LANE'S.OP E CONSTRUCTION NOTES PaxmEn FR AR FtER ER vcx N P w SITIO POLE AS SNO.. Qs F EE AND INSTALLm uuc sa a ETA ors. Pmc samAL[ E',A:'r-r'—' y'S"'•E LO L E POSTORMCCATE RN-tICES). t I TEN nor)rtn J O VMeO,oetd Send.Merl _ CITY of QRAND TERRACE yor Al �/�! °fir t.`l e� �QA o p® SPEED FEEDBACK SIGN n ti�i tv-.,y�,y(. W°x..W...�s - _ AND SIGNING/STRIPINGPIAN 2 uRAID AISA 101Ol 'N—' B,r WAX _ Ixuwnu c,a ANN tun BARTONIROAD MOW. m an ww.n rtl mod o.e uc rn m,.ra. L� TENSION SCALE:AS SHOWN I SHEET,2 2 OF 2 PN @ SPEED MODALS sal NM GENERAL SHED uraT w NaI PER CM S .N c I ALL semi RADAR c I �ii •� l i li 0 rA.a.u,O vALR•RRan Nmuy Rvolsmccr Rla vmrx T = ii1 y �u 0 j I it i, @ REPLACE mm Snxrte mA.erz,o WPM c®mc gPI N In I ai I 1 , G SI 5 ii 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w EXHIBIT"B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS ' � I 57 Technical Specifications emobilization 01247.0006/634563.2 A-29 01247.0006/634563.2 A-26 scharge any person who is, in the opinion of the Engineer, incompetent, disorderly, or otherwise unsatisfactory, and shall not again employ such discharged person on the work except with the consent of the Engineer. Such discharge shall not be the basis of any claim for damages against the City or any of his agents. 01247.0006/634563.2 A-14 d vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. 01247.0006/634563.2 A-2 Services 01247.0006/656677.2 7/9/2020 A-6 I. General The applicable requirements of Form FHWA-1273 are incorporated by reference II.Nondiscrimination for work done under any purchase order, rental agreement or agreement for other III.Nonsegregated Facilities services. The prime contractor shall be responsible for compliance by any IV.Davis-Bacon and Related Act Provisions subcontractor, lower-tier subcontractor or V. Contract Work Hours and Safety service provider. Standards ActProvisions Form FHWA-1273 must be included in all VI.Subletting or Assigning the Contract Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts VII.Safety: Accident Prevention (excluding subcontracts for design services, purchase orders, rental agreements and other VIII.False Statements Concerning Highway agreements for supplies or services). The Projects design-builder shall be responsible for compliance by any subcontractor, lower-tier IX.Implementation of Clean Air Act and subcontractor or service provider. Federal WaterPollution Control Act Contracting agencies may reference Form X. Compliance with Governmentwide FHWA-1273 in bid proposal or request for Suspension andDebarment Requirements proposal documents, however, the Form FHWA-1273 must be physically XI.Certification Regarding Use of contract incorporated(not referenced)in all contracts, Funds for Lobbying subcontracts and lower-tier subcontracts (excluding purchase orders, rental ATTACHMENTS agreements and other agreements for supplies or services related to a construction contract). A. Employment and aterials Preference for Appalachian Develo ment Highway System 2.Subject to the applicability criteria noted in or Appalachian Local Access Road Contracts the following sections, these contract (included in Appalachian contracts only) provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate I. GENERAL superintendence and to all work performed 1.Form FHWA-1273 must be physically on the contract by piecework, station work, incorporated in each construction contract or by subcontract. funded under Title 23 (excluding emergency 3.A breach of any of the stipulations contracts solely intended for debris removal). contained in these Required Contract The contractor(or subcontractor) must insert Provisions may be sufficient grounds for this form in each subcontract and further require its inclusion in all lower tier withholding of progress payments, subcontracts (excluding purchase orders, withholding of final payment, termination of rental agreements and other agreements for the contract, suspension / debarment or any other action determined to be appropriate by supplies or services). the contracting agency and FHWA. 01247.0006/634563.2 B-1 PEED FEEDBACK SIGN n ti�i tv-.,y�,y(. W°x..W...�s - _ AND SIGNING/STRIPINGPIAN 2 uRAID AISA 101Ol 'N—' B,r WAX _ Ixuwnu c,a ANN tun BARTONIROAD MOW. m an ww.n rtl mod o.e uc rn m,.ra. L� TENSION SCALE:AS SHOWN I SHEET,2 2 OF 2 PN @ SPEED MODALS sal NM GENERAL SHED uraT w NaI PER CM S .N c I ALL semi RADAR c I �ii •� l i li 0 rA.a.u,O vALR•RRan Nmuy Rvolsmccr Rla vmrx T = ii1 y �u 0 j I it i, @ REPLACE mm Snxrte mA.erz,o WPM c®mc gPI N In I ai I 1 , G SI 5 ii 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w 4.Selection of Labor: During the the responsibility to ensure compliance with performance of this contract, the contractor Title 23 USC Section 140, the Rehabilitation shall not use convict labor for any purpose Act of 1973, as amended (29 USC 794), and within the limits of a construction project on Title VI of the Civil Rights Act of 1964, as a Federal-aid highway unless it is labor amended, and related regulations including performed by convicts who are on parole, 49 CFR Parts 21, 26 and 27; and 23 CFR supervised release, or probation. The term Parts 200, 230, and 633. Federal-aid highway does not include roadways functionally classified as local The following provision is adopted from 23 roads or rural minor collectors. CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department II.NONDISCRIMINATION of Labor (US DOL) and FHWA requirements. The provisions of this section related to 23 CFR Part 230 are applicable to all Federal- 1.Equal Employment Opportunity: Equal aid construction contracts and to all related employment opportunity (EEO) construction subcontracts of $10,000 or requirements not to discnminate and to take more. The provisions of 23 CFR Part 230 are affirmative action to assure equal opportunity not applicable to material supply, as set forth under laws, executive orders, engineering, or architectural service rules,regulations (28 CFR 35, 29 CFR 1630, contracts. 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as In addition, the contractor and all modified by the provisions prescribed herein, subcontractors must comply with the and imposed pursuant to 23 U.S.C. 140 shall following policies: Executive Order 11246, constitute the EEO and specific affirmative 41 CFR 60,29 CFR 1625-1627,Title 23 USC action standards for the contractor's project Section 140, the Rehabilitation Act of 1973, activities unde FHWA-1273 --Revised May as ame ded (29 USC 794), Title VI of the 1 2012 2 Civil ghts Act of 1964, as amended, and related egulations including 49 CFR Parts In the exec tion of this contract, the 21, 26 and 27; and 23 CFR Parts 200, 230, contractor agrees to comply with the and 633. following minimum specific requirement activities of EEO: The contractor and all subcontractors must comply with: the requirements of the Equal a. The contractor will work with the Opportunity Clause in 41 CFR 60-1.4(b)and, contracting agency and the Federal for all construction contracts exceeding Government to ensure that it has made every $10,000, the Standard Federal Equal good faith effort to provide equal opportunity Employment Opportunity Construction with respect to all of its terms and conditions Contract Specifications in 41 CFR 60-4.3. of employment and in their review of activities under the contract. Note: The U.S. Department of Labor has exclusive authority to determine compliance b. The contractor will accept as its operating with Executive Order 11246 and the policies policy the following statement: of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting "It is the policy of this Company to assure agency and the FHWA have the authority and that applicants are employed, and that 01247.0006/634563.2 B-2 2 2 OF 2 PN @ SPEED MODALS sal NM GENERAL SHED uraT w NaI PER CM S .N c I ALL semi RADAR c I �ii •� l i li 0 rA.a.u,O vALR•RRan Nmuy Rvolsmccr Rla vmrx T = ii1 y �u 0 j I it i, @ REPLACE mm Snxrte mA.erz,o WPM c®mc gPI N In I ai I 1 , G SI 5 ii 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w employees are treated during employment, obligations within thirty days following their without regard to their race, religion, sex, reporting for duty with the contractor. color, national origin, age or disability. Such action shall include: employment,upgrading, c. All personnel who are engaged in direct demotion, or transfer; recruitment or recruitment for the project will be instructed recruitment advertising; layoff or by the EEO Officer in the contractor's termination; rates of pay or other forms of procedures for locating and hiring minorities compensation; and selection for training, and women. including apprenticeship,pre-apprenticeship, and/or on-the-job training." d. Notices and posters setting forth the contractor's EEO policy will be placed in 2. EEO Officer: The contractor will areas readily accessible to employees, designate and make known to the contracting applicants for employment and potential officers an EEO Officer who will have the employees. responsibility for and must be capable of effectively administering and promoting an e. The contractor's EEO policy and the active EEO program and who must be procedures to implement such policy will be assigned adequate authority and brought to the attention of employees by responsibility to do so. means of meetings, employee handbooks, or other appropriate means. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to 4. Recruitment: When advertising for employees, the contractor will include in all hire, supervise, promote, and discharge employee , or who recommend such action, advertisements for employees the notation: or who are substantially involved in such "An Equal Opportunity Employer." All such action, will be made fully cognizant of, and advertisements will be placed in publications will implement, the contractor's EEO policy having a large circulation among minorities and contractual responsibilities to provide a d women in the area from which the project EEO in each grade and classification of ork force would normally be derived. employment. To ensure that the above a. The contractor will, unless precluded by a agreement will be met, the following actions will be taken as a minimum: valid bargaining agreement, conduct systematic and direct recruitment through a. Periodic meetings of supervisory and public and private employee referral sources personnel office employees will be likely to yield qualified minorities and conducted before the start of work and then women. To meet this requirement, the not less often than once every six months, at contractor will identify sources of potential which time the contractor's EEO policy and minority group employees,and establish with its implementation will be reviewed and such identified sources procedures whereby explained. The meetings will be conducted minority and women applicants may be by the EEO Officer. referred to the contractor for employment consideration. b. All new supervisory or personnel office employees will be given a thorough b. In the event the contractor has a valid indoctrination by the EEO Officer, covering bargaining agreement providing for all major aspects of the contractor's EEO exclusive hiring hall referrals, the contractor is expected to observe the provisions of that 01247.0006/634563.2 B-3 c I ALL semi RADAR c I �ii •� l i li 0 rA.a.u,O vALR•RRan Nmuy Rvolsmccr Rla vmrx T = ii1 y �u 0 j I it i, @ REPLACE mm Snxrte mA.erz,o WPM c®mc gPI N In I ai I 1 , G SI 5 ii 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w agreement to the extent that the system meets d. The contractor will promptly investigate the contractor's compliance with EEO all complaints of alleged discrimination made contract provisions. Where implementation to the contractor in connection with its of such an agreement has the effect of obligations under this contract, will attempt discriminating against minorities or women, to resolve such complaints, and will take or obligates the contractor to do the same, appropriate corrective action within a such implementation violates Federal reasonable time.If the investigation indicates nondiscrimination provisions. that the discrimination may affect persons other than the complainant, such corrective c. The contractor will encourage its present action shall include such other persons.Upon employees to refer minorities and women as completion of each investigation, the applicants for employment. Information and contractor will inform every complainant of procedures with regard to referring such all of their avenues of appeal. applicants will be discussed with employees. 6. Training and Promotion: 5. Personnel Actions: Wages, working conditions, and employee benefits shall be a. The contractor will assist in locating, established and administered, and personnel qualifying, and increasing the skills of actions of every type, including hiring, minorities and women who are applicants for upgrading, promotion, transfer, demotion, employment or current employees. Such layoff, and termination, shall be taken efforts should be aimed at developing full without regard to race, color, religion, sex, journey level status employees in the type of national origin, age or disability. The trade or job classification involved. following procedures shall be followed: b. Consistent with the contractor's work force a. The contractor will conduct periodic requirements and as permissible under inspections of project sites to insure that Federal and State regulations, the contractor working conditions and employee facilities shall make full use of training programs, i.e., do not indicate discriminatory treatment of apprenticeship, and on-the-job training project site personnel. programs for the geographical area of contract performance. In the event a special b. The contractor will periodically evaluate provision for training is provided under this the spread of wages paid within each contract, this subparagraph will be classification to determine any evidence of superseded as indicated in the special discriminatory wage practices. provision. The contracting agency may reserve training positions for persons who c. The contractor will periodically review receive welfare assistance in accordance with selected personnel actions in depth to 23 U.S.C. 140(a). determine whether there is evidence of discrimination. Where evidence is found, the c. The contractor will advise employees and contractor will promptly take corrective applicants for employment of available action. If the review indicates that the training programs and entrance requirements discrimination may extend beyond the for each. actions reviewed, such corrective action shall include all affected persons. d.The contractor will periodically review the training and promotion potential of employees who are minorities and women 01247.0006/634563.2 B-4 ALL semi RADAR c I �ii •� l i li 0 rA.a.u,O vALR•RRan Nmuy Rvolsmccr Rla vmrx T = ii1 y �u 0 j I it i, @ REPLACE mm Snxrte mA.erz,o WPM c®mc gPI N In I ai I 1 , G SI 5 ii 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w and will encourage eligible employees to disability; making full efforts to obtain apply for such training and promotion. qualified and/or qualifiable minorities and women. The failure of a union to provide 7.Unions: If the contractor relies in whole or sufficient referrals (even though it is in part upon unions as a source of employees, obligated to provide exclusive referrals under the contractor will use good faith efforts to the terms of a collective bargaining obtain the cooperation of such unions to agreement) does not relieve the contractor increase opportunities for minorities and from the requirements of this paragraph. In women. Actions by the contractor, either the event the union referral practice prevents directly or through a contractor's association the contractor from meeting the obligations acting as agent, will include the procedures pursuant to Executive Order 11246, as set forth below: amended, and these special provisions, such contractor shall immediately notify the a. The contractor will use good faith efforts contracting agency. to develop, in cooperation with the unions, joint training programs aimed toward 8. Reasonable Accommodation for qualifying more minorities and women for Applicants / Employees with Disabilities: membership in the unions and increasing the The contractor must be familiar with the skills of minorities and women so that they requirements for and comply with the may qualify for higher paying employment. Americans with Disabilities Act and all rules and regulations established there under. b. The contractor will use good faith efforts Employers must provide reasonable to incorporate an EEO clause into each union accommodation in all employment activities agreement to the end that such union will be unless to do so would cause an undue contractually bound to refer applicants hardship. without regard to their race, color, religion, sex, national origin, age or disability. 9. Selection of Subcontractors, Procurement of Materials and Leasing of c. The contractor is to obt in information as Equipment: The contractor shall not to the referral practices a d policies of the discriminate on the grounds of race, color, labor union except that to the extent such religion,sex,national origin,age or disability information is within the exclusive in the selection and retention of possession of the labor union and such labor subcontractors, including procurement of union refuses to furnish such information to materials and leases of equipment. The the contractor, the contractor shall so certify contractor shall take all necessary and to the contracting agency and shall set forth reasonable steps to ensure nondiscrimination what efforts have been made to obtain such in the administration of this contract. information. a. The contractor shall notify all potential d. In the event the union is unable to provide subcontractors and suppliers and lessors of the contractor with a reasonable flow of their EEO obligations under this contract. referrals within the time limit set forth in the collective bargaining agreement, the b. The contractor will use good faith efforts contractor will, through independent to ensure subcontractor compliance with their recruitment efforts, fill the employment EEO obligations. vacancies without regard to race, color, religion, sex, national origin, age or 01247.0006/6345632 B-5 B-4 ALL semi RADAR c I �ii •� l i li 0 rA.a.u,O vALR•RRan Nmuy Rvolsmccr Rla vmrx T = ii1 y �u 0 j I it i, @ REPLACE mm Snxrte mA.erz,o WPM c®mc gPI N In I ai I 1 , G SI 5 ii 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w 10. Assurance Required by 49 CFR b. The contractors and subcontractors will 26.13(b): submit an annual report to the contracting agency each July for the duration of the a. The requirements of 49 CFR Part 26 and project, indicating the number of minority, the State DOT's U.S. DOT-approved DBE women, and non-minority group employees program are incorporated by reference. currently engaged in each work classification required by the contract work. This b. The contractor or subcontractor shall not information is to be reported on Form discriminate on the basis of race, color, FHWA-1391. The staffing data should national origin, or sex in the performance of represent the project work force on board in this contract. The contractor shall carry out all or any part of the last payroll period applicable requirements of 49 CFR Part 26 in preceding the end of July. If on-the-job the award and administration of DOT- training is being required by special assisted contracts.Failure by the contractor to provision, the contractor will be required to carry out these requirements is a material collect and report training data. The breach of this contract, which may result in employment data should reflect the work the termination of this contract or such other force on board during all or any part of the remedy as the contracting agency deems last payroll period preceding the end of July. appropriate. III.NONSEGREGATED FACILITIES 11. Records and Reports: The contractor shall keep such records as necessary to This provision is applicable to all Federal-aid document compliance with the EEO construction contracts and to all related requirements. Such records shall be retained construction subcontracts of $10P000 or for a period of three years following the date more. of the final payment to the contractor for all contract wor and shall be available at The contractor mu t ensure that facilities reasonable t. es and places for inspection by provided for employ es are provided in such authorized re resentatives of the contracting a manner that segr gation on the basis of agency and the FHWA. race, color, religion, sex, or national origin cannot result. The contractor may neither a. The records kept by the contractor shall require such segregated use by wntten or oral document the following: policies nor tolerate such use by employee custom. The contractor's obligation extends (1) The number and work hours of minority further to ensure that its employees are not and non-minority, group members and assigned to perform their services at any women employed in each work classification location, under the contractor's control, on the project; where the facilities are segregated. The term "facilities" includes waiting rooms, work (2) The progress and efforts being made in areas,restaurants and other eating areas,time cooperation with unions, when applicable, to clocks,restrooms, washrooms, locker rooms, increase employment opportunities for and other storage or dressing areas, parking minorities and women; and lots, drinking fountains, recreation or (3) The progress and efforts being made in entertainment areas, transportation, and locating, hiring, training, and housing provided for employees. The contractor shall provide separate or single- upgrading minorities and women; user restrooms and necessary dressing or 01247.0006/634563 2 B-6 c I �ii •� l i li 0 rA.a.u,O vALR•RRan Nmuy Rvolsmccr Rla vmrx T = ii1 y �u 0 j I it i, @ REPLACE mm Snxrte mA.erz,o WPM c®mc gPI N In I ai I 1 , G SI 5 ii 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w sleeping areas to assure privacy between Contributions made or costs reasonably sexes. anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act IV. DAVIS-BACON AND RELATED on behalf of laborers or mechanics are ACT PROVISIONS considered wages paid to such laborers or mechanics, subject to the provisions of This section is applicable to all Federal-aid paragraph 1.d. of this section; also, regular construction projects exceeding $2,000 and contributions made or costs incurred for more to all related subcontracts and lower-tier than a weekly period (but not less often than subcontracts (regardless of subcontract size). quarterly) under plans, funds, or programs The requirements apply to all projects located which cover the particular weekly period, are within the right-of-way of a roadway that is deemed to be constructively made or incurred functionally classified as Federal-aid during such weekly period. Such laborers and highway. This excludes roadways mechanics shall be paid the appropriate wage functionally classified as local roads or rural rate and fringe benefits on the wage minor collectors, which are exempt. determination for the classification of work Contracting agencies may elect to apply these actually performed, without regard to skill, requirements to other projects. except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in The following provisions are from the U.S. more than one classification may be Department of Labor regulations in 29 CFR compensated at the rate specified for each 5.5 "Contract provisions and related matters" classification for the time actually worked with minor revisions to conform to the therein: Provided, That the employer's FHWA-1273 format and FHWA program payroll records accurately set forth the time requirements. spent in each classification in which work is IMinimum wages performed. The wage determination (includ ng any additional classification and All laborers and mechanics employed or wage r tes conformed under paragraph 1.b. orking upon the site of the work, will be of this section) and the Davis-Bacon poster paid unconditionally and not less often than (WH-1321)shall be posted at all times by the once a week, and without subsequent contractor and its subcontractors at the site of deduction or rebate on any account (except the work in a prominent and accessible place such payroll deductions as are permitted by where it can be easily seen by the workers. regulations issued by the Secretary of Labor b. (1) The contracting officer shall require under the Copeland Act(29 CFR part 3)),the that any class of laborers or mechanics, full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at including helpers, which is not listed in the time of payment computed at rates not less wage determination and which is to be than those contained in the wage employed under the contract shall be determination of the Secretary of Labor classified in conformance with the wage determination. The contracting officer shall which is attached hereto and made a part hereof, regardless of any contractual approve an additional classification and wage rate and fringe benefits relationship which may be alleged to exist therefore only when between the contractor and such laborers and the following criteria have been met: mechanics. 01247.0006/634563.2 B-7 •� l i li 0 rA.a.u,O vALR•RRan Nmuy Rvolsmccr Rla vmrx T = ii1 y �u 0 j I it i, @ REPLACE mm Snxrte mA.erz,o WPM c®mc gPI N In I ai I 1 , G SI 5 ii 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w (i) The work to be performed by the contracting officer within the 30-day period classification requested is not performed by a that additional time is necessary. classification in the wage determination; and (4) The wage rate (including fringe benefits (ii)The classification is utilized in the area by where appropriate) determined pursuant to the construction industry; and paragraphs 1.b.(2) or l.b.(3) of this section, shall be paid to all workers performing work (iii) The proposed wage rate, including any in the classification under this contract from bona fide fringe benefits, bears a reasonable the first day on which work is performed in relationship to the wage rates contained in the the classification. wage determination. c. Whenever the minimum wage rate (2) If the contractor and the laborers and prescribed in the contract for a class of mechanics to be employed in the laborers or mechanics includes a fringe classification (if known), or their benefit which is not expressed as an hourly representatives, and the contracting officer rate,the contractor shall either pay the benefit agree on the classification and wage rate as stated in the wage determination or shall (including the amount designated for fringe pay another bona fide fringe benefit or an benefits where appropriate), a report of the hourly cash equivalent thereof. action taken shall be sent by the contracting officer to the Administrator of the Wage and d. If the contractor does not make payments Hour Division, Employment Standards to a trustee or other third person, the Administration, U.S. Department of Labor, contractor may consider as part of the wages Washington, DC 20210. The Administrator, of any laborer or mechanic the amount of any or an authorized representative,will approve, costs reasonably anticipated in providing modify, or disapprove every additional bona fide fringe benefits under a plan or classification action within 30 days of receipt program, Provided, That the Secretary of and so advise the contracting officer or will Labor has found, upon the written request of notify the contracting officer within the 30- the contractor, that the applicable standards day period that additional time is necessary. of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor (3) In the event the contractor,the laborers or to set aside in a separate account assets for the mechanics to be employed in the meeting of obligations under the plan or classification or their representatives, and the program. contracting officer do not agree on the proposed classification and wage rate 2.Withholding (including the amount designated for fringe benefits, where appropriate), the contracting The contracting agency shall upon its own officer shall refer the questions,including the action or upon written request of an views of all interested parties and the authorized representative of the Department recommendation of the contracting officer,to of Labor, withhold or cause to be withheld the Wage and Hour Administrator for from the contractor under this contract,or any determination. The Wage and Hour other Federal contract with the same prime Administrator, or an authorized contractor, or any other federally-assisted representative, will issue a determination contract subject to Davis-Bacon prevailing within 30 days of receipt and so advise the wage requirements, which is held by the contracting officer or will notify the same prime contractor, so much of the 01247.0006/634563.2 B-8 mrx T = ii1 y �u 0 j I it i, @ REPLACE mm Snxrte mA.erz,o WPM c®mc gPI N In I ai I 1 , G SI 5 ii 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w accrued payments or advances as may be the costs anticipated or the actual cost considered necessary to pay laborers and incurred in providing such benefits. mechanics, including apprentices, trainees, Contractors employing apprentices or and helpers, employed by the contractor or trainees under approved programs shall any subcontractor the full amount of wages maintain written evidence of the registration required by the contract. In the event of of apprenticeship programs and certification failure to pay any laborer or mechanic, of trainee programs, the registration of the including any apprentice, trainee, or helper, apprentices and trainees, and the ratios and employed or working on the site of the work, wage rates prescribed in the applicable all or part of the wages required by the programs. contract, the contracting agency may, after written notice to the contractor, take such b. (1) The contractor shall submit weekly for action as may be necessary to cause the each week in which any contract work is suspension of any further payment, advance, performed a copy of all payrolls to the or guarantee of funds until such violations contracting agency. The payrolls submitted have ceased. shall set out accurately and completely all of the information required to be maintained 3. Payrolls and basic records under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses a. Payrolls and basic records relating thereto shall not be included on weekly transmittals. shall be maintained by the contractor during Instead the payrolls shall only need to include the course of the work and preserved for a an individually identifying number for each period of three years thereafter for all employee ( e.g. , the last four digits of the laborers and mechanics working at the site of employee's social security number). The the work. Such records shall contain the required weekly payroll information may be name, address, and social security number of submitted in any form desired. Optional each such worker, his or er correct Form WH-347 is available for this pu ose classification, hourly rates of ages paid from the Wage and Hour Division We site (including rates of contributio s or costs at anticipated for bona fide fringe benefits or http://www.dol.gov/esa/whd/forms/wh347in cash equivalents thereof of the types str.htm or its successor site. The prime described in section 1(b)(2)(B) of the Davis- contractor is responsible for the submission Bacon Act), daily and weekly number of of copies of payrolls by all subcontractors. hours worked, deductions made and actual Contractors and subcontractors shall wages paid.Whenever the Secretary of Labor maintain the full social security number and has found under 29 CFR 5.5(a)(1)(iv)that the current address of each covered worker, and wages of any laborer or mechanic include the shall provide them upon request to the amount of any costs reasonably anticipated in contracting agency for transmission to the providing benefits under a plan or program State DOT,the FHWA or the Wage and Hour described in section 1(b)(2)(B) of the Davis- Division of the Department of Labor for Bacon Act, the contractor shall maintain purposes of an investigation or audit of records which show that the commitment to compliance with prevailing wage provide such benefits is enforceable, that the requirements. It is not a violation of this plan or program is financially responsible, section for a prime contractor to require a and that the plan or program has been subcontractor to provide addresses and social communicated in writing to the laborers or security numbers to the prime contractor for mechanics affected, and records which show 01247.0006/634563.2 B-9 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w its own records, without weekly submission under section 1001 of title 18 and section 231 to the contracting agency.. of title 31 of the United States Code. (2) Each payroll submitted shall be c.The contractor or subcontractor shall make accompanied by a "Statement of the records required under paragraph 3.a. of Compliance," signed by the contractor or this section available for inspection,copying, subcontractor or his or her agent who pays or or transcription by authorized representatives supervises the payment of the persons of the contracting agency, the State DOT,the employed under the contract and shall certify FHWA, or the Department of Labor, and the following: shall permit such representatives to interview employees during working hours on the job. (i) That the payroll for the payroll period If the contractor or subcontractor fails to contains the information required to be submit the required records or to make them provided under§5.5(a)(3)(ii)of Regulations, available, the FHWA may, after written 29 CFR part 5,the appropriate information is notice to the contractor, the contracting being maintained under §5.5 (a)(3)(i) of agency or the State DOT, take such action as Regulations, 29 CFR part 5, and that such may be necessary to cause the suspension of information is correct and complete; any further payment, advance, or guarantee of funds. Furthermore, failure to submit the (ii)That each laborer or mechanic (including required records upon request or to make each helper, apprentice, and trainee) such records available may be grounds for employed on the contract dunng the payroll debarment action pursuant to 29 CFR 5.12. period has been paid the full weekly wages earned, without rebate, either diirectly or 4. Apprentices and trainees indirectly, and that no deductions have been made either directly or indirectly from the a. Apprentices (programs of the USDOL). full wages earned, other than permissible deductions as set forth in Regulations, 29 Apprentices will be permi ed to work at less CFR part 3; than the predetermined rat for the work they performed when they are mployed pursuant (iii) That each laborer or mechanic has been to and individually registered in a bona fide paid not less than the applicable wage rates apprenticeship program registered with the and fringe benefits or cash equivalents for the U.S. Department of Labor, Employment and classification of work performed,as specified Training Administration, Office of in the applicable wage determination Apprenticeship Training, Employer and incorporated into the contract. (3) The Labor Services, or with a State weekly submission of a properly executed Apprenticeship Agency recognized by the certification set forth on the reverse side of Office,or if a person is employed in his or her Optional Form WH-347 shall satisfy the first 90 days of probationary employment as requirement for submission of the"Statement an apprentice in such an apprenticeship of Compliance" required by paragraph program,who is not individually registered in 3.b.(2) of this section. the program, but who has been certified by the Office of Apprenticeship Training, (4) The falsification of any of the above Employer and Labor Services or a State certifications may subject the contractor or Apprenticeship Agency (where appropriate) subcontractor to civil or criminal prosecution to be eligible for probationary employment as an apprentice. 01247.0006/634563.2 B-10 and that the plan or program has been subcontractor to provide addresses and social communicated in writing to the laborers or security numbers to the prime contractor for mechanics affected, and records which show 01247.0006/634563.2 B-9 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w The allowable ratio of apprentices to apprenticeship program, the contractor will journeymen on the job site in any craft no longer be permitted to utilize apprentices classification shall not be greater than the at less than the applicable predetermined rate ratio permitted to the contractor as to the for the work performed until an acceptable entire work force under the registered program is approved. program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or b. Trainees (programs of the USDOL). otherwise employed as stated above, shall be paid not less than the applicable wage rate on Except as provided in 29 CFR 5.16, trainees the wage determination for the classification will not be permitted to work at less than the of work actually performed. In addition, any predetermined rate for the work performed apprentice performing work on the job site in unless they are employed pursuant to and excess of the ratio permitted under the individually registered in a program which registered program shall be paid not less than has received prior approval, evidenced by the applicable wage rate on the wage formal certification by the U.S. Department determination for the work actually of Labor, Employment and Training performed. Where a contractor is performing Administration. construction on a project in a locality other than that in which its program is registered, The ratio of trainees to journeymen on the job the ratios and wage rates (expressed in site shall not be greater than permitted under percentages of the journeyman's hourly rate) the plan approved by the Employment and specified in the contractor's or Training Administration. subcontractor's registered program shall be Every trainee must be paid at not less than the observed. rate specified in the approved program for the Every apprentice must be paid at not less than trainee's level of progress, expressed as a the rate specified in the registered program percentage of the journeyman hourly rate for the apprentices level of progress, specified in the applicable wage expressed as a percentage of the journeymen determination. Trainees shall be paid fringe hourly rate specified in the applicable wage benefits in accordance with the provisions of the trainee program. If the trainee program determination. Apprentices shall be paid fringe benefits in accordance with the does not mention fringe benefits, trainees provisions of the apprenticeship program. If shall be paid the full amount of fringe the apprenticeship program does not specify benefits listed on the wage determination fringe benefits, apprentices must be paid the unless the Administrator of the Wage and full amount of fringe benefits listed on the Hour Division determines that there is an wage determination for the applicable apprenticeship program associated with the classification. If the Administrator corresponding journeyman wage rate on the determines that a different practice prevails wage determination which provides for less for the applicable apprentice classification, than full fringe benefits for apprentices. Any fringes shall be paid in accordance with that employee listed on the payroll at a trainee rate determination. who is not registered and participating in a training plan approved by the Employment In the event the Office of Apprenticeship and Training Administration shall be paid not Training, Employer and Labor Services, or a less than the applicable wage rate on the wage State Apprenticeship Agency recognized by determination for the classification of work the Office, withdraws approval of an actually performed. In addition, any trainee 01247.0006/634563.2 B-11 ords which show 01247.0006/634563.2 B-9 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w performing work on the job site in excess of 6. Subcontracts. The contractor or the ratio permitted under the registered subcontractor shall insert Form FHWA-1273 program shall be paid not less than the in any subcontracts and also require the applicable wage rate on the wage subcontractors to include Form FHWA-1273 determination for the work actually in any lower tier subcontracts. The prime performed. contractor shall be responsible for the compliance by any subcontractor or lower In the event the Employment and Training tier subcontractor with all the contract Administration withdraws approval of a clauses in 29 CFR 5.5. training program, the contractor will no longer be permitted to utilize trainees at less 7. Contract termination: debarment. A than the applicable predetermined rate for the breach of the contract clauses in 29 CFR 5.5 work performed until an acceptable program may be grounds for termination of the is approved. contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR c. Equal employment opportunity. The 5.12. utilization of apprentices, trainees and journeymen under this part shall be in 8. Compliance with Davis-Bacon and conformity with the equal employment Related Act requirements. All rulings and opportunity requirements of Executive Order interpretations of the Davis-Bacon and 11246, as amended, and 29 CFR part 30. 7 Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in d.Apprentices and Trainees(programs of the this contract. U.S. DOT). 9. Disputes concerning labor standards. Apprentices and trainees working under Disputes arising out of the labor standards apprenticeship and skill training programs provisions of this contract shall not be subject which have been certified by the Secretary of to the general disputes clause of this contract. Transportation as promoting EEO in Such disputes shall be resolved in accordance connection with Federal-aid highway with the procedures of the Department of construction programs are not subject to the Labor set forth in 29 CFR parts 5, 6, and 7. requirements of paragraph 4 of this Section Disputes within the meaning of this clause IV. The straight time hourly wage rates for include disputes between the contractor (or apprentices and trainees under such programs any of its subcontractors) and the contracting will be established by the particular agency, the U.S. Department of Labor,or the programs. The ratio of apprentices and employees or their representatives. trainees to journeymen shall not be greater than permitted by the terms of the particular 10. Certification of eligibility. program. a. By entering into this contract, the 5. Compliance with Copeland Act contractor certifies that neither it (nor he or requirements. The contractor shall comply she) nor any person or firm who has an with the requirements of 29 CFR part 3, interest in the contractor's firm is a person or which are incorporated by reference in this firm ineligible to be awarded Government contract. contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l). 01247.0006/634563.2 B-12 training plan approved by the Employment In the event the Office of Apprenticeship and Training Administration shall be paid not Training, Employer and Labor Services, or a less than the applicable wage rate on the wage State Apprenticeship Agency recognized by determination for the classification of work the Office, withdraws approval of an actually performed. In addition, any trainee 01247.0006/634563.2 B-11 ords which show 01247.0006/634563.2 B-9 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w b. No part of this contract shall be a territory, to such District or to such subcontracted to any person or firm ineligible territory), for liquidated damages. Such for award of a Government contract by virtue liquidated damages shall be computed with of section 3(a) of the Davis-Bacon Act or 29 respect to each individual laborer or CFR 5.12(a)(1). mechanic, including watchmen and guards, employed in violation of the clause set forth c. The penalty for making false statements is in paragraph(1.)of this section,in the sum of prescribed in the U.S. Criminal Code, 18 $10 for each calendar day on which such U.S.C. 1001. individual was required or permitted to work in excess of the standard workweek of forty V. CONTRACT WORK HOURS AND hours without payment of the overtime wages SAFETY STANDARDS ACT required by the clause set forth in paragraph (1.) of this section. The following clauses apply to any Federal- aid construction contract in an amount in 3. Withholding for unpaid wages and excess of $100,000 and subject to the liquidated damages. The FHWA or the overtime provisions of the Contract Work contacting agency shall upon its own action Hours and Safety Standards Act. These or upon written request of an authorized clauses shall be inserted in addition to the representative of the Department of Labor clauses required by 29 CFR 5.5(a) or 29 CFR withhold or cause to be withheld, from any 4.6. As used in this paragraph, the terms moneys payable on account of work laborers and mechanics include watchmen performed by the contractor or subcontractor and guards. under any such contract or any other Federal contract with the same prime contractor, or 1. Overtime requirements.No contractor or any other federally-assisted contract subject subcontractor contracting for any part of the to the Contract Work Hours and Safety contract work which may require or involve Standards Act, which is held by the same the employment of laborers or mechanics prime contractor, such sums as may be shall require or permit any such laborer or determined to be necessary to satisfy any mechanic in any workweek in which he or liabilities of such contractor or subcontractor she is employed on such work to work in for unpaid wages and liquidated damages as excess of forty hours in such workweek provided in the clause set forth in paragraph unless such laborer or mechanic receives (2.) of this section. compensation at a rate not less than one and one-half times the basic rate of pay for all 4. Subcontracts. The contractor or hours worked in excess of forty hours in such subcontractor shall insert in any subcontracts workweek. the clauses set forth in paragraph(1.)through (4.)of this section and also a clause requiring 2. Violation; liability for unpaid wages; the subcontractors to include these clauses in liquidated damages. In the event of any any lower tier subcontracts. The prime violation of the clause set forth in paragraph contractor shall be responsible for (1.) of this section, the contractor and any compliance by any subcontractor or lower subcontractor responsible therefor shall be tier subcontractor with the clauses set forth in liable for the unpaid wages. In addition, such paragraphs (1.) through (4.) of this section. contractor and subcontractor shall be liable to VI.SUBLETTING OR ASSIGNING THE the United States (in the case of work done CONTRACT under contract for the District of Columbia or 01247.0006/634563.2 B-13 State Apprenticeship Agency recognized by determination for the classification of work the Office, withdraws approval of an actually performed. In addition, any trainee 01247.0006/634563.2 B-11 ords which show 01247.0006/634563.2 B-9 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w This provision is applicable to all Federal-aid (4) the prime contractor remains ultimately construction contracts on the National responsible for the payment of predetermined Highway System. minimum wages, the submission of payrolls, statements of compliance and all other 1. The contractor shall perform with its own Federal regulatory requirements. organization contract work amounting to not less than 30 percent (or a greater percentage b. "Specialty Items" shall be construed to be if specified elsewhere in the contract) of the limited to work that requires highly total original contract price, excluding any specialized knowledge, abilities, or specialty items designated by the contracting equipment not ordinarily available in the type agency. Specialty items may be performed by of contracting organizations qualified and subcontract and the amount of any such expected to bid or propose on the contract as specialty items performed may be deducted a whole and in general are to be limited to from the total original contract price before minor components of the overall contract. computing the amount of work required to be performed by the contractor's own 2. The contract amount upon which the organization(23 CFR 635.116). requirements set forth in paragraph (1) of Section VI is computed includes the cost of a. The term "perform work with its own material and manufactured products which organization" refers to workers employed or are to be purchased or produced by the leased by the prime contractor, and contractor under the contract provisions. equipment owned or rented by the prime contractor, with or without operators. Such 3. The contractor shall furnish (a) a term does not include employees or competent superintendent or supervisor who equipment of a subcontractor or lower tier is employed by the firm, has full authority to subcontractor,agents of the prime contractor, direct performance of the work in accordance or any other assignees.The term may include with the contract requirements, and is in payments for the costs of hiring leased charge of all construction operations employees from an employee leasing firm (regardless of who performs the work) and meeting all relevant Federal and State (b) such other of its own organizational regulatory requirements. Leased employees resources (supervision, management, and may only be included in this term if the prime engineering services) as the contracting contractor meets all of the following officer determines is necessary to assure the conditions: performance of the contract. (1) the prime contractor maintains control 4. No portion of the contract shall be sublet, over the supervision of the day-to-day assigned or otherwise disposed of except activities of the leased employees; with the written consent of the contracting officer, or authorized representative, and (2) the prime contractor remains responsible such consent when given shall not be for the quality of the work of the leased construed to relieve the contractor of any employees; responsibility for the fulfillment of the contract. Written consent will be given only (3) the prime contractor retains all power to after the contracting agency has assured that accept or exclude individual employees from each subcontract is evidenced in writing and work on the project; and that it contains all pertinent provisions and requirements of the prime contract. 01247.0006/634563.2 B-14 ip Agency recognized by determination for the classification of work the Office, withdraws approval of an actually performed. In addition, any trainee 01247.0006/634563.2 B-11 ords which show 01247.0006/634563.2 B-9 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w 5. The 30% self-performance requirement of performance to inspect or investigate the paragraph (1) is not applicable to design- matter of compliance with the construction build contracts; however, contracting safety and health standards and to carry out agencies may establish their own self- the duties of the Secretary under Section 107 performance requirements. of the Contract Work Hours and Safety Standards Act(40 U.S.C.3704). VII. SAFETY: ACCIDENT PREVENTION VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related This provision is applicable to all Federal-aid subcontracts. construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable In order to assure high quality and durable Federal, State, and local laws governing construction in conformity with approved safety, health, and sanitation (23 CFR 635). plans and specifications and a high degree of The contractor shall provide all safeguards, reliability on statements and representations safety devices and protective equipment and made by engineers, contractors, suppliers, take any other needed actions as it and workers on Federal-aid highway determines, or as the contracting officer may projects, it is essential that all persons determine, to be reasonably necessary to concerned with the project perform their protect the life and health of employees on functions as carefully, thoroughly, and the job and the safety of the public and to honestly as possible. Willful falsification, protect property in connection with the distortion, or misrepresentation with respect performance of the work covered by the to any facts related to the project is a violation contract. of Federal law. To prevent any misunderstanding regarding the seriousness 2. It is a condition of this contract, and shall of these and similar acts, Form FHWA-1022 be made a condition of each subcontract, shall be posted on each Federal-aid highway which the contractor enters into pursuant to project (23 CFR 635) in one or more places this contract, that the contractor and any where it is readily available to all persons subcontractor shall not permit any employee, concerned with the project: in performance of the contract, to work in surroundings or under conditions which are 18 U.S.C. 1020 reads as follows: unsanitary,hazardous or dangerous to his/her health or safety, as determined under "Whoever, being an officer, agent, or construction safety and health standards (29 employee of the United States,or of any State CFR 1926) promulgated by the Secretary of or Territory, or whoever, whether a person, Labor, in accordance with Section 107 of the association, firm, or corporation, knowingly Contract Work Hours and Safety Standards makes any false statement, false Act(40 U.S.C. 3704). representation, or false report as to the character, quality, quantity, or cost of the 3. Pursuant to 29 CFR 1926.3, it is a material used or to be used, or the quantity or condition of this contract that the Secretary of quality of the work performed or to be Labor or authorized representative thereof, performed, or the cost thereof in connection shall have right of entry to any site of contract with the submission of plans, maps, 01247.0006/634563.2 B-15 requirements of the prime contract. 01247.0006/634563.2 B-14 ip Agency recognized by determination for the classification of work the Office, withdraws approval of an actually performed. In addition, any trainee 01247.0006/634563.2 B-11 ords which show 01247.0006/634563.2 B-9 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w specifications, contracts, or costs of 2.That the contractor agrees to include or construction on any highway or related cause to be included the requirements of project submitted for approval to the paragraph (1) of this Section X in every Secretary of Transportation; or subcontract, and further agrees to take such action as the contracting agency may direct Whoever knowingly makes any false as a means of enforcing such requirements. statement,false representation,false report or false claim with respect to the character, X.CERTIFICATION REGARDING quality, quantity, or cost of any work DEBARMENT,SUSPENSION, performed or to be performed, or materials INELIGIBILITY AND furnished or to be furnished, in connection VOLUNTARYEXCLUSION with the construction of any highway or related project approved by the Secretary of This provision is applicable to all Federal-aid Transportation; or construction contracts, design-build contracts, subcontracts, lower-tier Whoever knowingly makes any false subcontracts, purchase orders, lease statement or false representation as to agreements, consultant contracts or any other material fact in any statement, certificate, or covered transaction requiring FHWA report submitted pursuant to provisions of the approval or that is estimated to cost $25,000 Federal-aid Roads Act approved July 1, or more—as defined in 2 CFR Parts 180 and 1916, (39 Stat. 355), as amended and 1200. supplemented; 1.Instructions for Certification—First Tier Shall be fined under this title or imprisoned Participants: not more than 5 years or both." a. By signing and submitting this proposal, IX.IMPLEMENTATION OF CLEAN the prospective first tier participant is AIR ACT AND FEDERALWATER providing the certification set out below. POLLUTION CONTROL ACT b. The inability of a person to provide the This provision is applicable to all Federal-aid certification set out below will not construction contracts and to all related necessarily result in denial of participation in subcontracts. this By submission of this bid/proposal or the covered transaction.The prospective first tier execution of this contract, or subcontract, as participant shall submit an explanation of appropriate,the bidder,proposer,Federal-aid why it cannot provide the certification set out construction contractor, or subcontractor, as below. The certification or explanation will appropriate, will be deemed to have be considered in connection with the stipulated as follows: department or agency's determination whether to enter into this transaction. 1.That any person who is or will be utilized However, failure of the prospective first tier in the performance of this contract is not participant to furnish a certification or an prohibited from receiving an award due to a explanation shall disqualify such a person violation of Section 508 of the Clean Water from participation in this transaction. c. The Actor Section 306 of the Clean Air Act. certification in this clause is a material representation of fact upon which reliance 01247.0006/634563.2 B-16 of quality of the work performed or to be Labor or authorized representative thereof, performed, or the cost thereof in connection shall have right of entry to any site of contract with the submission of plans, maps, 01247.0006/634563.2 B-15 requirements of the prime contract. 01247.0006/634563.2 B-14 ip Agency recognized by determination for the classification of work the Office, withdraws approval of an actually performed. In addition, any trainee 01247.0006/634563.2 B-11 ords which show 01247.0006/634563.2 B-9 'c i TOO PROTECT IN RACE ALL INE Tven,SM..00 1.1241114 P0E5 Eu �u - I j t I o P,Li i �ii 6 .,'i1 III a I O STRIPING ANG SIGNAGE NOTES: Intersection of Mt. Vernon Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w was placed when the contracting agency agrees by submitting this proposal that it will determined to enter into this transaction. If it include the clause titled "Certification is later determined that the prospective Regarding Debarment, Suspension, participant knowingly rendered an erroneous Ineligibility and Voluntary Exclusion-Lower certification, in addition to other remedies Tier Covered Transactions," provided by the available to the Federal Government, the department or contracting agency, entering contracting agency may terminate this into this covered transaction, without transaction for cause of default. d. The modification, in all lower tier covered prospective first tier participant shall provide transactions and in all solicitations for lower immediate written notice to the contracting tier covered transactions exceeding the agency to whom this proposal is submitted if $25,000 threshold. h. A participant in a any time the prospective first tier participant covered transaction may rely upon a learns that its certification was erroneous certification of a prospective participant in a when submitted or has become erroneous by lower tier covered transaction that is not reason of changed circumstances. e. The debarred, suspended, ineligible, or terms "covered transaction," "debarred," voluntarily excluded from the covered "suspended," "ineligible," "participant," transaction, unless it knows that the "person," "principal," and "voluntarily certification is erroneous. A participant is excluded," as used in this clause, are defined responsible for ensuring that its principals are in 2 CFR Parts 180 and 1200. "First Tier not suspended, debarred, or otherwise Covered Transactions" refers to any covered ineligible to participate in covered transaction between a grantee or subgrantee transactions. To verify the eligibility of its of Federal funds and a participant(such as the principals, as well as the eligibility of any prime or general contract). "Lower Tier lower tier prospective participants, each Covered Transactions" refers to any covered participant may,but is not required to, check transaction under a First Tier Covered the Excluded Parties List System website Transaction (such as subcontracts). "First (https://www.epls.govf), which is compiled Tier Participant"refers to the participant who by the General Services Administration. i. has entered into a covered transaction with a Nothing contained in the foregoing shall be grantee or subgrantee of Federal funds (such construed to require the establishment of a as the prime or general contractor). "Lower system of records in order to render in good Tier Participant" refers any participant who faith the certification required by this clause. has entered into a covered transaction with a The knowledge and information of the First Tier Participant or other Lower Tier prospective participant is not required to Participants (such as subcontractors and exceed that which is normally possessed by a suppliers). £ The prospective first tier prudent person in the ordinary course of participant agrees by submitting this proposal business dealings. that, should the proposed covered transaction be entered into, it shall not knowingly enter j. Except for transactions authorized under into any lower tier covered transaction with a paragraph (f) of these instructions, if a person who is debarred, suspended, declared participant in a covered transaction ineligible, or voluntarily excluded from knowingly enters into a lower tier covered participation in this covered transaction, transaction with a person who is suspended, unless authorized by the department or debarred, ineligible, or voluntarily excluded agency entering into this transaction. g. The from participation in this transaction, in prospective first tier participant further addition to other remedies available to the Federal Government, the department or 01247.0006/634563.2 B-17 non Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w agency may terminate this transaction for certification, such prospective participant cause or default. shall attach an explanation to this proposal. * * * * * 2. Instructions for Certification - Lower Tier Participants: 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary (Applicable to all subcontracts, purchase Exclusion—First Tier Participants: orders and other lower tier transactions requiring prior FHWA approval or estimated a. The prospective first tier participant to cost $25,000 or more - 2 CFR Parts 180 certifies to the best of its knowledge and and 1200) belief, that it and its principals: a. By signing and submitting this proposal, (1) Are not presently debarred, suspended, the prospective lower tier is providing the proposed for debarment, declared ineligible, certification set out below. or voluntarily excluded from participating in covered transactions by any Federal b.The certification in this clause is a material depaitinent or agency; representation of fact upon which reliance was placed when this transaction was entered (2) Have not within a three-year period into. If it is later determined that the preceding this proposal been convicted of or prospective lower tier participant knowingly had a civil judgment rendered against them rendered an erroneous certification, in for commission of fraud or a criminal offense addition to other remedies available to the in connection with obtaining, attempting to Federal Government, the department, or obtain, or performing a public(Federal, State agency with which this transaction originated or local) transaction or contract under a may pursue available remedies, including public transaction; violation of Federal or suspension and/or debarment. State antitrust statutes or commission of embezzlement, theft, forgery, bribery, c.The prospective lower tier participant shall falsification or destruction of records, provide immediate written notice to the making false statements, or receiving stolen person to which this proposal is submitted if property; at any time the prospective lower tier participant learns that its certification was (3) Are not presently indicted for or erroneous by reason of changed otherwise criminally or civilly charged by a circumstances. governmental entity (Federal, State or local) with commission of any of the offenses d. The terms "covered transaction," enumerated in paragraph (a)(2) of this "debarred," "suspended," "ineligible," certification; and "participant," "person," "principal," and "voluntarily excluded," as used in this clause, (4) Have not within a three-year period are defined in 2 CFR Parts 180 and 1200.You preceding this application/proposal had one may contact the person to which this proposal or more public transactions (Federal, State or is submitted for assistance in obtaining a local) terminated for cause or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered b.Where the prospective participant is unable transaction between a grantee or subgrantee to certify to any of the statements in this of Federal funds and a participant(such as the 01247.0006/634563.2 B-1 8 nsaction with a paragraph (f) of these instructions, if a person who is debarred, suspended, declared participant in a covered transaction ineligible, or voluntarily excluded from knowingly enters into a lower tier covered participation in this covered transaction, transaction with a person who is suspended, unless authorized by the department or debarred, ineligible, or voluntarily excluded agency entering into this transaction. g. The from participation in this transaction, in prospective first tier participant further addition to other remedies available to the Federal Government, the department or 01247.0006/634563.2 B-17 non Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w prime or general contract). "Lower Tier transactions. To verify the eligibility of its Covered Transactions" refers to any covered principals, as well as the eligibility of any transaction under a First Tier Covered lower tier prospective participants, each Transaction (such as subcontracts). "First participant may,but is not required to, check Tier Participant"refers to the participant who the Excluded Parties List System website has entered into a covered transaction with a (https://www.epls.gov/), which is compiled grantee or subgrantee of Federal funds (such by the General Services Administration. as the prime or general contractor). "Lower Tier Participant" refers any participant who h.Nothing contained in the foregoing shall be has entered into a covered transaction with a construed to require establishment of a First Tier Participant or other Lower Tier system of records in order to render in good Participants (such as subcontractors and faith the certification required by this clause. suppliers). The knowledge and information of participant is not required to exceed that e. The prospective lower tier participant which is normally possessed by a prudent agrees by submitting this proposal that, person in the ordinary course of business should the proposed covered transaction be dealings. entered into, it shall not knowingly enter into any lower tier covered transaction with a i. Except for transactions authorized under person who is debarred, suspended, declared paragraph e of these instructions, if a ineligible, or voluntarily excluded from participant in a covered transaction participation in this covered transaction, knowingly enters into a lower tier covered unless authorized by the department or transaction with a person who is suspended, agency with which this transaction debarred, ineligible, or voluntarily excluded originated. from participation in this transaction, in addition to other remedies available to the f. The prospective lower tier participant F deral Government, the department or further agrees by submitting this proposal a ency with which this transaction originated that it will include this clause titled m y pursue available remedies, including "Certification Regarding Debarment, suspension and/or debarment. Suspension, Ineligibility and Voluntary * Exclusion-Lower Tier Covered Transaction," * * * * without modification, in all lower tier covered transactions and in all solicitations Certification Regarding Debarment, for lower tier covered transactions exceeding Suspension, Ineligibility and Voluntary the$25,000 threshold. Exclusion--Lower Tier Participants: g. A participant in a covered transaction may 1. The prospective lower tier participant rely upon a certification of a prospective certifies, by submission of this proposal, that participant in a lower tier covered transaction neither it nor its principals is presently that is not debarred, suspended, ineligible, or debarred, suspended, proposed for voluntarily excluded from the covered debarment, declared ineligible, or voluntarily transaction, unless it knows that the excluded from participating in covered certification is erroneous. A participant is transactions by any Federal department or responsible for ensuring that its principals are agency. not suspended, debarred, or otherwise ineligible to participate in covered 01247.0006/634563.2 B-19 knowingly enters into a lower tier covered participation in this covered transaction, transaction with a person who is suspended, unless authorized by the department or debarred, ineligible, or voluntarily excluded agency entering into this transaction. g. The from participation in this transaction, in prospective first tier participant further addition to other remedies available to the Federal Government, the department or 01247.0006/634563.2 B-17 non Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w 2. Where the prospective lower tier agreement, the undersigned shall complete participant is unable to certify to any of the and submit Standard Form-LLL, "Disclosure statements in this certification, such Form to Report Lobbying," in accordance prospective participant shall attach an with its instructions. explanation to this proposal. 2. This certification is a material * * * * * representation of fact upon which reliance was placed when this transaction was made XI. CERTIFICATION REGARDING or entered into. Submission of this USE OF CONTRACT FUNDS FOR certification is a prerequisite for making or LOBBYING entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the This provision is applicable to all Federal-aid required certification shall be subject to a construction contracts and to all related civil penalty of not less than$10,000 and not subcontracts which exceed $100,000 (49 more than$100,000 for each such failure. CFR 20). 3. The prospective participant also agrees by 1. The prospective participant certifies, by submitting its bid or proposal that the signing and submitting this bid or proposal, participant shall require that the language of to the best of his or her knowledge and belief; this certification be included in all lower tier that: subcontracts, which exceed $100,000 and that all such recipients shall certify and a. No Federal appropriated funds have been disclose accordingly. 12 i paid or will be paid, by or on behalf of the ' undersigned, to any person for influencing or ATTACHMENT A - EMPLOYMENT attempting to influence an officer or AND MATERIALS PREFERENCE FOR employee of any Federal agency, a Member APPALACHIAN DEVELOPMENT of Congress, an officer or employe of HIGHWAY SYSTEM OR Congress, or an employee of a Membe of APPALACHIAN LOCAL ACCESS Congress in connection with the awardin of ROAD CONTRACTS any Federal contract, the making of any Federal grant, the making of any Federal This provision is applicable to all Federal-aid loan, the entering into of any cooperative projects funded under the Appalachian agreement, and the extension, continuation, Regional Development Act of 1965. renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative 1. During the performance of this contract, agreement. the contractor undertaking to do work which is, or reasonably may be, done as on-site b. If any funds other than Federal work, shall give preference to qualified appropriated funds have been paid or will be persons who regularly reside in the labor area paid to any person for influencing or as designated by the DOL wherein the attempting to influence an officer or contract work is situated, or the subregion,or employee of any Federal agency, a Member the Appalachian counties of the State of Congress, an officer or employee of wherein the contract work is situated, except: Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative 01247.0006/634563.2 B-20 at the excluded from participating in covered certification is erroneous. A participant is transactions by any Federal department or responsible for ensuring that its principals are agency. not suspended, debarred, or otherwise ineligible to participate in covered 01247.0006/634563.2 B-19 knowingly enters into a lower tier covered participation in this covered transaction, transaction with a person who is suspended, unless authorized by the department or debarred, ineligible, or voluntarily excluded agency entering into this transaction. g. The from participation in this transaction, in prospective first tier participant further addition to other remedies available to the Federal Government, the department or 01247.0006/634563.2 B-17 non Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w a. To the extent that qualified persons 4. If, within one week following the placing regularly residing in the area are not of a job order by the contractor with the State available. Employment Service, the State Employment Service is unable to refer any qualified job b. For the reasonable needs of the contractor applicants to the contractor, or less than the to employ supervisory or specially number requested, the State Employment experienced personnel necessary to assure an Service will forward a certificate to the efficient execution of the contract work. contractor indicating the unavailability of applicants. Such certificate shall be made a c.For the obligation of the contractor to offer part of the contractor's permanent project employment to present or former employees records. Upon receipt of this certificate, the as the result of a lawful collective bargaining contractor may employ persons who do not contract, provided that the number of normally reside in the labor area to fill nonresident persons employed under this positions covered by the certificate, subparagraph (lc) shall not exceed 20 notwithstanding the provisions of percent of the total number of employees subparagraph(lc) above. employed by the contractor on the contract work, except as provided in subparagraph(4) 5. The provisions of 23 CFR 633.207(e) below. allow the contracting agency to provide a contractual preference for the use of mineral 2. The contractor shall place a job order with resource materials native to the Appalachian the State Employment Service indicating (a) region. the classifications of the laborers, mechanics and other employees required to perform the 6. The contractor shall include the contract work, (b) the number of employees provisions of Sections 1 through 4 of this required in each classification, (c)the date on Attachment A in every subcontract for which the participant estimates such work which is,or reasonably may be,done employees will be required, nd(d) any other as on-site work. pertinent information requi ed by the State Employment Service to c mplete the job order form.The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion, are not qualified to perform the classification of work required. 01247.0006/634563.2 B-21 luence an officer or contract work is situated, or the subregion,or employee of any Federal agency, a Member the Appalachian counties of the State of Congress, an officer or employee of wherein the contract work is situated, except: Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative 01247.0006/634563.2 B-20 at the excluded from participating in covered certification is erroneous. A participant is transactions by any Federal department or responsible for ensuring that its principals are agency. not suspended, debarred, or otherwise ineligible to participate in covered 01247.0006/634563.2 B-19 knowingly enters into a lower tier covered participation in this covered transaction, transaction with a person who is suspended, unless authorized by the department or debarred, ineligible, or voluntarily excluded agency entering into this transaction. g. The from participation in this transaction, in prospective first tier participant further addition to other remedies available to the Federal Government, the department or 01247.0006/634563.2 B-17 non Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w EXHIBIT "C" SCHEDULE OF COMPENSATION I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor's Proposal, and listed below: IT ESTIMA UNIT NO ITEM DESCRIPTION QUANTI UNIT PRICE TOTAL($) TY ($) 1 TRAFFIC CONTROL 1 LS 15,000 15,000 2 SAWCUT FOR ASPHALT/ 160 LF 10 1600 CONCRETE REMOVE SIDEWALK, AND 3 RECONSTRUCT CURB RETURN 3 EA 10000 30000 WITH CALTRANS RAMP CASE "A" REMOVE SIDEWALK,AND 4 RECONSTRUCT CURB RETURN 2 EA 7000 14000 WITH CALTRANS RAMP CASE "C" SAWCUT AND REMOVE 5 PAVEMENT, RECONSTRUCT 375 SF 14 5250 FULL DEPTH ASPHALT THIKNESS 12" SAWCUT AND REMOVE 1'WIDE 6 STRIP AC, RECONSTRUCT FULL 1 LS 8000 8000 DEPTH ASPHALT THIKNESS 12" 7 4"THICK PCC SIDEWALK OVER 100 SF 10 1000 6" 0MB 8 REPLACE PULLBOX 3 EA 500 1500 INSTALL CALTRANS HIGHER 9 VISIBILITY CROSS WALK 20 EA 1100 22000 (LADDER TYPE)) 10 INSTALL OVERSIZE STOP SIGN 20 EA 1000 20000 11 INSTALL FLASHING STOP SIGN 6 EA 5000 30000 12 REMOVE EXISTING STRIPING 1 LS 4000 4000 13 INSTALL NEW STRIPING AND 1 LS 15000 15000 WORD MARKING 14 REMOVE EXISTING FLASHING 1 EA 2000 2000 WARNING LIGHTS 15 INSTALL DETECTABLE WARNING 16 EA 500 8000 SURFACE 16 INSTALL SOLAR STREET LIGHT 5 EA 11500 50000 17 INSTALL SOLAR RADAR SPEED 2 EA 10000 20000 FEEDBACK 18 REMOVE EXISTING STOP SIGNS 20 EA 100 2000 01247.0006/634563.2 - C-1 6. The contractor shall include the contract work, (b) the number of employees provisions of Sections 1 through 4 of this required in each classification, (c)the date on Attachment A in every subcontract for which the participant estimates such work which is,or reasonably may be,done employees will be required, nd(d) any other as on-site work. pertinent information requi ed by the State Employment Service to c mplete the job order form.The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion, are not qualified to perform the classification of work required. 01247.0006/634563.2 B-21 luence an officer or contract work is situated, or the subregion,or employee of any Federal agency, a Member the Appalachian counties of the State of Congress, an officer or employee of wherein the contract work is situated, except: Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative 01247.0006/634563.2 B-20 at the excluded from participating in covered certification is erroneous. A participant is transactions by any Federal department or responsible for ensuring that its principals are agency. not suspended, debarred, or otherwise ineligible to participate in covered 01247.0006/634563.2 B-19 knowingly enters into a lower tier covered participation in this covered transaction, transaction with a person who is suspended, unless authorized by the department or debarred, ineligible, or voluntarily excluded agency entering into this transaction. g. The from participation in this transaction, in prospective first tier participant further addition to other remedies available to the Federal Government, the department or 01247.0006/634563.2 B-17 non Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w 19 INSTALL SOLAR RADAR SPEED 2 EA 5,000 10,000 FEEDBACK Total: $259,350 II. A retention of five percent(5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item's subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10. IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed,the number of hours worked,and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed,with supporting documentation. D. Line iems for all approved subcontractor labor,supplies,equipment,materials,and travel properly charged to the Services. V. The total compensation for the Services shall not exceed$259,350 as provided in Section 2.1 of this Agreement. 01247.0006/634563.2 C-2 13 INSTALL NEW STRIPING AND 1 LS 15000 15000 WORD MARKING 14 REMOVE EXISTING FLASHING 1 EA 2000 2000 WARNING LIGHTS 15 INSTALL DETECTABLE WARNING 16 EA 500 8000 SURFACE 16 INSTALL SOLAR STREET LIGHT 5 EA 11500 50000 17 INSTALL SOLAR RADAR SPEED 2 EA 10000 20000 FEEDBACK 18 REMOVE EXISTING STOP SIGNS 20 EA 100 2000 01247.0006/634563.2 - C-1 6. The contractor shall include the contract work, (b) the number of employees provisions of Sections 1 through 4 of this required in each classification, (c)the date on Attachment A in every subcontract for which the participant estimates such work which is,or reasonably may be,done employees will be required, nd(d) any other as on-site work. pertinent information requi ed by the State Employment Service to c mplete the job order form.The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion, are not qualified to perform the classification of work required. 01247.0006/634563.2 B-21 luence an officer or contract work is situated, or the subregion,or employee of any Federal agency, a Member the Appalachian counties of the State of Congress, an officer or employee of wherein the contract work is situated, except: Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative 01247.0006/634563.2 B-20 at the excluded from participating in covered certification is erroneous. A participant is transactions by any Federal department or responsible for ensuring that its principals are agency. not suspended, debarred, or otherwise ineligible to participate in covered 01247.0006/634563.2 B-19 knowingly enters into a lower tier covered participation in this covered transaction, transaction with a person who is suspended, unless authorized by the department or debarred, ineligible, or voluntarily excluded agency entering into this transaction. g. The from participation in this transaction, in prospective first tier participant further addition to other remedies available to the Federal Government, the department or 01247.0006/634563.2 B-17 non Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Contractor shall perform all work timely in accordance with the following schedule: Item DESCRIPTION OF ITEMS Days to Perform From NTP No. A TRAFFIC CONTROL Until completion of Services under this Agreement B SAWCUT FOR ASPHALT/CONCRETE 15 days C REMOVE SIDEWALK,AND RECONSTRUCT CURB RETURN WITH 25 days CALTRANS RAMP CASE"A" D REMOVE SIDEWALK,AND RECONSTRUCT CURB RETURN WITH 15 days CALTRANS RAMP CASE"C" E SAWCUT AND REMOVE PAVEMENT, RECONSTRUCT FULL 7 days DEPTH ASPHALT THIKNESS 12" i I F. SAWCUT AND REMOVE 1'WIDE STRIP AC,RECONSTRUCT 7 Days FULL DEPTH ASPHALT THIKNESS 12" G. 4"THICK PCC SIDEWALK OVER 6"CMB 15 days H. REPLACE PULLBOX 15 days I. INSTALL CALTRANS HIGHER VISIBILITY CROSS WALK(LADDER 35 days TYPE)) J. INSTALL OVERSIZE STOP SIGN 27 days K. INSTALL FLASHING STOP SIGN 47 days L. REMOVE EXISTING STRIPING 27 days 01247.0005/634553.2 n for the Services shall not exceed$259,350 as provided in Section 2.1 of this Agreement. 01247.0006/634563.2 C-2 13 INSTALL NEW STRIPING AND 1 LS 15000 15000 WORD MARKING 14 REMOVE EXISTING FLASHING 1 EA 2000 2000 WARNING LIGHTS 15 INSTALL DETECTABLE WARNING 16 EA 500 8000 SURFACE 16 INSTALL SOLAR STREET LIGHT 5 EA 11500 50000 17 INSTALL SOLAR RADAR SPEED 2 EA 10000 20000 FEEDBACK 18 REMOVE EXISTING STOP SIGNS 20 EA 100 2000 01247.0006/634563.2 - C-1 6. The contractor shall include the contract work, (b) the number of employees provisions of Sections 1 through 4 of this required in each classification, (c)the date on Attachment A in every subcontract for which the participant estimates such work which is,or reasonably may be,done employees will be required, nd(d) any other as on-site work. pertinent information requi ed by the State Employment Service to c mplete the job order form.The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion, are not qualified to perform the classification of work required. 01247.0006/634563.2 B-21 luence an officer or contract work is situated, or the subregion,or employee of any Federal agency, a Member the Appalachian counties of the State of Congress, an officer or employee of wherein the contract work is situated, except: Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative 01247.0006/634563.2 B-20 at the excluded from participating in covered certification is erroneous. A participant is transactions by any Federal department or responsible for ensuring that its principals are agency. not suspended, debarred, or otherwise ineligible to participate in covered 01247.0006/634563.2 B-19 knowingly enters into a lower tier covered participation in this covered transaction, transaction with a person who is suspended, unless authorized by the department or debarred, ineligible, or voluntarily excluded agency entering into this transaction. g. The from participation in this transaction, in prospective first tier participant further addition to other remedies available to the Federal Government, the department or 01247.0006/634563.2 B-17 non Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. I. t INTERSECTION OF MT.AVE AND DE BERRY ST, / 10" o.�»..>,,,n c„�..caw,.ez;Io ovsrlaETs ci.,00 mu DIG� �,. {I PI .a sesaO�c r s+S SSA ease AND VAN BUREN Si TOLL FREE ,-aW-22)-25m t 'e�epte�s mi Z '�- /'�' .v...°e: L+ mn.r:a+ 4m5se5 gi u LNREHG�BNC SFANfE BY �t.a1VIA`.M.Pr ea ••'\\\"""..^^^`%// PREP..Vo-a THE S olil. rl P.E. R.C.E.NO. rm Iwo 511E Po a WTIR FANCE AIFRT NkNW•`�" "�°A'• pPm ®R --- Seery S.PbCalmoliY, OAIE , w M. INSTALL NEW STRIPING AND WORD MARKING 32 days N. REMOVE EXISTING FLASHING WARNING LIGHTS 45 days 0. INSTALL DETECTABLE WARNING SURFACE 27 days P. INSTALL SOLAR STREET LIGHT 25 days Q. INSTALL SOLAR RADAR SPEED FEEDBACK 47 days R. REMOVE EXISTING STOP SIGNS 15 Days S INSTALL SOLAR RADAR SPEED FEEDBACK(Additive Item) 17 Days *For the purposes of this Exhibit"D", "NTP" stands for"Notice to Proceed." II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 01247.0006/634563.2 563.2 A-14 d vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. 01247.0006/634563.2 A-2 Services 01247.0006/656677.2 7/9/2020 A-6 CALIFORNIA PRELIMINARY NOTICE This is not a lien. This notice is given pursuant to California Civil Code§8034(a), 8102, 8200 et. seq. You are hereby notified that HOLLIDAY ROCK CO.,INC.has furnished or will furnish labor,service,equipment or material of the following general description:Concrete Ready Mix,Asphalt,Rock,Sand and/or Related Materials for the building structure,or other work of improvement known as MT. VERNON AVE.CORRIDOR project,located at VARIOUS LOCATIONS,GRAND TERRACE,CA,County of SAN BERNARDINO. The name of the person or firm who contracted for the purchase of such labor,service,equipment or material furnished is TSR CONSTRUCTION AND INSPECTIONS,8264 AVENIDA LEON, RANCHO CUCAMONGA,CA,91730. An estimate of the total price of the labor,service,equipment or material is$60,000.00. To Direct Contractor or Reputed Direct Contractor NOTICE TO PROPERTY OWNER TSR CONSTRUCTION EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the 8264 AVENIDA LEON person or the firm that has given you this notice is not paid in full for labor, service, equipment, or material provided to your construction project, a lien RANCHO CUCAMONGA CA 91730 may be placed on your property. Foreclosure of the lien may lead to loss of all or party of your property. You may wish to protect yourself against this To Construction Lender or Reputed Construction Lender by(1) requiring your contractor to provide a signed release by the person or - -- — — -- firm—that--has -given you—this—notice—before making payment_to your __ contractor(2)or other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of To Owner or Reputed Owner or Public Agency your construction project, you must within 10 days after recording, send a CITY OF GRAND TERRACE copy of the notice of completion to your contractor and the person of firm 22795 BARYON RD. that has given you this notice. This notice must be sent by registered certified mail. Failure to send the notice will extend the deadline to record a GRAND TERRACE CA 92313 claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. Proof of Service Affidavit I, Camille Vargas, declare that I served copies of the above Preliminary Notice by Certified Return Requested or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above on 8/5/2020. I declare and enalty of per' ry that the foregoing is true and correct. Signed at Upland, CA on 8/5/2020. Holliday Rock Co. Inc. RECEIVED 1401 N Benson USPS CERTIFIED MAIL Upland CA 91786 AUG 11 REC'D Community Development Department 9214 8901 9403 8318 0143 64 222 CITY OF GRAND TERRACE 22795 BARTON RD. GRAND TERRACE CA 92313 n with this Federal contract, grant, loan, or cooperative 01247.0006/634563.2 B-20 at the excluded from participating in covered certification is erroneous. A participant is transactions by any Federal department or responsible for ensuring that its principals are agency. not suspended, debarred, or otherwise ineligible to participate in covered 01247.0006/634563.2 B-19 knowingly enters into a lower tier covered participation in this covered transaction, transaction with a person who is suspended, unless authorized by the department or debarred, ineligible, or voluntarily excluded agency entering into this transaction. g. The from participation in this transaction, in prospective first tier participant further addition to other remedies available to the Federal Government, the department or 01247.0006/634563.2 B-17 non Avenue and De Berry Street E II � STEPS,HD u¢NOS MALL BC ap Arcu3 > Il ll TMvurol.xncs Scale re.-.- 1[_FU', r=�ro0R<Rn0TMPIe:R �' GRAPHIC SCALE I� l PAWNS rI arms APPROVAL PREP I :°. PRIMO I _ hote2sectson of Mt. Vernon Avenue end Van Buren Street TO gS !....1 topArea 4 A wuom DE mlNCaa wm DC MP CIEs DIAL �p(����}�r�j���"DIr s r rear 1 3 II fJ ✓ "12I-„U TT' ' R BQICRMARK: SHEET NO. LJu ��NJ SSVLSSL SS wRN caau'as wTM'I nrcsE PLANS - w°'M.r WEST SITE NGINBERING,INC CITY OF GRAND TERRACE I�� roT mNusl(E unla al ��pp \ Teen AT INTERSECTION 4 DIAL I,,,,, BICAMOIxOR PFRaT Ra CAA fro.„ 0oneultent LCl JI Engineer. a ;IN BEFa2E q I'bnn oar FG PmYH N45 BHR�.vlm. 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