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HomeMy WebLinkAboutANNUAL CURB GUTTER SIDEWALK REPAIR PROGRAM REV CITY OF LAKE ELSINORE CALIFORNIA CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS FOR ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 0 Approved: Rick De Santiago Public Works Manager Proposals will be received through the City's electronic bid management system PlanetBids, until 2:00 p.m., June 30, 2026 PREAMBLE ANNUAL CURB, GUTTER & SIDWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 The contract documents contained herein include the following: • Notice Inviting Bids • Bid Documents associated with the Bidder's Proposal • Documents associated with the Agreement for Public Works Construction • Special Provisions • Appendices The Special Provisions contained herein supplement or modify the Standard Specifications for Public Works construction (Greenbook) latest edition. The Special Provisions include the General Provisions and Technical Provisions. The General Provisions have been arranged with the same subject- numbering format that parallels the Standard Specifications with added subsections. The Technical Provisions are written to the subject as addressed in Parts 2 through 6 of the Standard Specifications. Each and every provision of law required to be inserted in the Contract Documents shall be deemed to be inserted therein, and the Contract Documents shall be read and enforced as though they were included therein. TABLE OF CONTENTS Page No. NOTICE INVITING BIDS A-1 INSTRUCTIONS TO BIDDERS B-1 BID DOCUMENTS Bidder's Proposal (Bid Sheet) C-6 Acknowledgment of Addenda Received C-10 Non-Collusion Affidavit C-11 Bidder's Bond C-12 List of Subcontractors C-14 References C-15 Contractor Information C-17 Violations of Federal, State or Local Laws C-18 Disqualification or Debarment C-20 Utility Agreement C-21 Public Contract Code C-22 CONTRACT DOCUMENTS Agreement for Contractor Services D-24 Faithful Performance Bond D-35 Labor and Material Bond D-37 Construction or Service Contract Endorsement D-39 Worker's Compensation Insurance Certification D-41 GENERAL SPECIFICATIONS E-1 SPECIAL PROVISIONS — GENERAL F1-1 TECHNICAL PROVISIONS F2-36 SECTION A NOTICE INVITING BIDS CITY OF LADE LSINORE L r � DREAM EXTREME" NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN THAT THE CITY OF LAKE ELSINORE, hereinafter referred to as "the City" or "City," will receive through the Bid Management System PlanetBids prior to the Bid Deadline established below, Bids for the Contract for Curb, Gutter& Sidewalk Repair Program described as: ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO.Z10001 Bid Opening: 2:00 P.M., June 30, 2026, Via e-Procurement system PlanetBids SCOPE OF WORK. The City of Lake Elsinore, hereinafter referred to as the City, is inviting proposals from qualified firms to bid on the Annual Curb, Gutter& Sidewalk Repair Program which consists of furnishing all materials, equipment, tools, labor, and incidentals for maintenance, repair, and construction of concrete pavement located within Lake Elsinore city limits. The amount of work to be assigned is determined by the annual budget approved by the City Council. To be considered for this contract, your firm must meet the qualifications and satisfy the requirements as stated in this BID PROPOSAL (BID). OBTAINING BID DOCUMENTS. Bidders may obtain the specifications documents through the City's website at www.lake-elsinore.org under the Bids/RFPs section or through PlanetBids (www.planetbids.com), there will be a non-refundable charge of $10.00. Although the plans, specifications, and bid documents may be obtained from other electronic sources, including the City's website, only the electronic documents downloaded directly from PlanetBids will be considered to be official documents of the City of Lake Elsinore. Addenda will be delivered by email only to those that provide the required information to the Public Works Department and PlanetBids. Receipt of any subsequent information and addenda must be acknowledged by a bidder in their submitted Proposal. All bids must be made in accordance with and as directed in the Specifications, each bid shall be made on the proposal form furnished in the Specifications. It is the sole responsibility of the bidder to ensure that the bid is received in proper time through PlanetBids by the date and time hereinabove set forth. The electronic bid management system will not accept late bids. No facsimile bids shall be accepted by the City. All bidders shall comply with Federal, State and local laws applicable thereto. All bids must be received by June 30, 2026, at 2:00 PM. LICENSES. The City has determined that a Class A license is sufficient to cover all of the work to be performed by the prime contractor, which is necessary to bid on this project. All subcontractors shall be properly licensed. RETENTION. Five percent (5%) of any progress payment will be withheld as retention. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. RETENTION OF RECORDS. Contractor shall retain all records for 5 years. PREVAILING WAGES. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar A-1 purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates. Section 1777.5 requires the selected Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall 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, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Effective January 1, 2015, in order to be awarded and to perform work on public works projects, prime contractors and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://efiling.dir.ca.gov/PWCR. This is a separate requirement from the Contractors State License Board (CSLB) licensing requirement. See the Special Provisions for additional details. Bids from contractors or subcontractors that are not currently registered as required will be deemed nonresponsive, and no contractor or subcontractor will be allowed to work on a City project unless they are registered with the DIR pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. BIDDING PROCESS: The City Staff of the City of Lake Elsinore reserves the right to reject any or all bids, and/or waive any irregularities or informalities in any bid. No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening thereof. A full copy of this notice may be found on PlanetBids. All questions shall be directed to the Q&A section on the e-Procurement System PlanetBids. No phone calls. Contacting the City of Lake Elsinore personnel directly regarding this bid is prohibited and may be grounds for elimination from the selection process. All questions regarding this bid must be put in writing and submitted through the e-Procurement system PlanetBids no later than 2:00 p.m., June 18, 2026. Candice Alvarez, MMC City of Lake Elsinore A-2 SECTION B INSTRUCTIONS TO BIDDERS CITY OF LAKE ELSINORE CIP Project No.Z10001 INSTRUCTIONS TO BIDDERS A. QUALIFICATION OF BIDDERS 1. Competency of Bidders The Bidder shall be thoroughly competent and capable of satisfactorily performing the Work covered by the Bid. As specified in the Bid Documents, the Bidder shall furnish statements of previous experience on similar work. When requested, the Bidder shall also furnish the plan of procedure proposed; the organization, machinery, plant and other equipment available for the Work; evidence of its financial condition and resources; and any other such documentation as may be required by the City to determine if the Bidder is responsible. 2. Contractor's License At the time of submitting the Bid, the Bidder shall be licensed as a contractor in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code. The required prime contractor license class for the Work is shown in the project Notice Inviting Bids. The Prime Contractor shall have a Class "A" Contractor's License. However, the City reserves the right to award the Contract to a contractor with another class if the City determines that the license is proper for the Work. 3. Contractor Registration In compliance with SB 854, in order to bid on or enter into a contract for public work, all contractors and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://efiling.dir.ca.gov/PWCR/. Bidder and all designated subcontractors shall be registered with the Department of Industrial Relations at the time of submitting the bid pursuant to Labor Code Section 1725.5. This is a separate requirement from the Contractors State License Board licensing requirements. Bids failing to meet this requirement will be deemed nonresponsive. 4. Bid Schedule Please note that the awarding of contract will be determined based on pricing per Bid Schedule Items No. 1-47. B. BIDDER RESPONSIBILITY A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as ability, fitness, capacity and experience to satisfactorily perform the work. Bidders are notified that, in accordance these Contract Documents, the City Council may determine whether the Bidder is responsible based upon a review of the Bidder's performance on other contracts, both within the City of Lake Elsinore and other public agencies for which the contractor has performed similar work. If, based on the provisions and criteria in these Contract Documents, the City Staff proposes not to recommend the award of contract to the apparent low bidder, the B-4 CITY OF LAKE ELSINORE CIP Project No.Z10001 Director shall notify the Bidder in writing of the Director's intention to recommend to the City Council that the Council award the contract to the second lowest responsible bidder. If the Bidder presents evidence in rebuttal to the recommendation, the Director shall evaluate the merits of such evidence, and based on that evaluation, make a recommendation to the City Council. C. ADDENDA TO THE CONTRACT DOCUMENTS The City may issue Addenda for any reason during the advertising period. The Bidder shall acknowledge the receipt of any Addendum in its Bid. Failure of the Bidder to do so may result in the rejection of its Bid. D. PREPARATION OF THE BID 1. Examination of Protect Site, Plans and Specifications The Bidder agrees that if he or she is awarded the Contract, no claim will be made against the City based on ignorance or misunderstanding of the provisions of the Contract Documents, the nature and amount of the work, and the physical and climatic conditions of the work sites. 2. Estimated Quantities The quantities shown in the Bid Schedule are approximate only. The Contractor will be paid for the actual quantities of work installed based on field measurements. The City reserves the right to increase or decrease the amount of any item or portion of work to be performed or materials furnished, or to delete any item, in accordance with the specifications. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications be less than 75 percent or more than 125% of the Bid quantity, no adjustment to the Contract Unit Price, shall be made therefor. 3. Interpretation of the Documents Discrepancies in and omissions from the Special Provisions, the project Plans or other Contract documents, or questions as to their meaning shall, at once, be brought to the attention of the City. Any interpretation of the documents will be made only by Addenda dully issued, and a copy of such Addenda will be mailed or delivered to each person or firm who is listed by the City as having received a set of such documents. The City will not be responsible for any other explanations or interpretations. No oral agreement or conversation with any officers, employees, or agents of the City, either before or after execution of the Contract, shall affect or modify any of the terms of obligations contained in any of the documents comprising said Contract. 4. Bid Instructions and Submissions The Bid shall be submitted on the Bid Proposal forms included with the Specifications. All Bid Documents must be completed, executed and submitted with the Bid by the Bidder. It is the sole responsibility of the bidder to ensure that the bid is received in proper time through PlanetBids by the date and time hereinabove set forth. B-5 CITY OF LAKE ELSINORE CIP Project No.Z10001 The electronic bid management system will not accept late bids. Required eight (8) Bid Proposal Documents: 1) Bidder's Proposal 2) Addenda Acknowledgment 3) Contractor's Affidavit 4) Bid Bond (10%) 5) List of Subcontractors 6) References (2 pages)—Will be contacted. 7) Violations of Federal or State Law 8) Disqualification or Debarment All prices submitted will be considered as including any and all sales or use taxes. In the case of discrepancy between unit bid price and total bid, the unit prices shall prevail. E. BID BOND The Bid must be accompanied by either cash, a certified or cashier's check or a surety bond (bid bond) payable to the City of Lake Elsinore. Bids must be submitted on the proposal forms furnished with these specifications. The Bid Guaranty shall be in an amount equivalent to at least 10% of the Total Contract Bid Price including any additive bid. F. NONRESPONSIVE BIDS AND BID REJECTION 1. A Bid in which the required eight (8) proposal documents are not completed, executed, and submitted may be considered non-responsive and be rejected. 2. A Bid in which the Contract Unit Prices are unbalanced, which is incomplete, or which shows alteration of form or irregularities of any kind, or which contains any additions or conditional or alternate Bids that are not called for, may be considered non-responsive and be rejected. G. LIMITED NOTICE TO PROCEED WITH CONSTRUCTION Upon completion of the evaluation of Bids received (including references verified for responsiveness)and determination of lowest responsive Bidder (Contractor), City Staff w i I I issue a "Limited Notice to Proceed" to Contractor with the council action of approval of intention to award. The intent of"Limited Notice to Proceed" is to allow the Contractor time to order long lead items. Upon receipt of said Notice, Contractor shall submit the items listed below in full compliance with the requirements of these specifications, within five (5) calendar days of the date of said Notice: 1) Agreement for Public Works Construction executed by Contractor. 2) Faithful Performance Bond (100% of Bid) 3) Labor and Material Bond (100% of Bid) 4) Verification of Insurance Coverage (Certificates and Endorsements) 5) Construction or Service Contract Endorsement 6) Workers' Compensation Insurance Certificate 7) Construction-Excavation Permit Application Form (No fee is assessed for public works projects) 8) Proof of a City of Lake Elsinore Business License B-6 CITY OF LAKE ELSINORE CIP Project No.Z10001 Should the City Council not award a contract to Contractor, Contractor shall be entitled to reimbursement for the premiums of said insurances and bonds plus a 10% administrative fee on said premiums, the payment of which by City to Contractor shall constitute full compensation for Contractor's compliance with this section. H. AWARD OF CONTRACT The City reserves the right to reject any and all bids received and to re-advertise for bids. Further, the City Council reserves the right to take all bids under advisement for a period not-to-exceed sixty (60) days after date of opening thereof, to waive any informality or irregularity in the Bid, and to be the sole judge of the merits of material included in the respective bids received. I. Termination. City may cancel this Agreement at any time upon seven (7) days written notice to Contractor. Contractor agrees to cease all work under this Agreement on or before the effective date of such notice. In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid full compensation for all services performed by Contractor, in an amount to be determined as follows: For work done in accordance with all of the terms and provisions of this Agreement, Contractor shall be paid an amount equal to the amount of services performed prior to the effective date of termination or cancellation; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would be paid Contractor for the full performance of the services required by this Agreement. J. APPRENTICESHIP EMPLOYMENT STANDARDS The Contractor is directed to the provisions in Sections 1776, 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the contractor or any subcontractor under them. K. PERMITS AND LICENSES The Contractor shall procure and execute all required permits, licenses, pay all charges and fees, and give all notices necessary and incidental to the completion of the Work. No fee is charged for a Construction-Excavation Permit issued by the City of Lake Elsinore for a public works project. The Contractor shall pay for and obtain a City of Lake Elsinore Business License. L. INSURANCE The Contractor shall maintain Automobile Liability, General Liability, and Workers' Compensation Insurance as specified in the Agreement for Public Works Construction, included in the Project Specifications. M. PRE-BID INQUIRIES All questions shall be directed to the Q&A section on the e-Procurement System PlanetBids. No phone calls. Contacting the City of Lake Elsinore personnel directly regarding this bid is prohibited and may be grounds for elimination from the selection process. All questions regarding this bid must be put in writing and submitted through the e-Procurement system PlanetBids no later than 2:00 p.m., June 18, 2026. B-7 CITY OF LAKE ELSINORE CIP Project No.Z10001 SECTION C BID SCHEDULE 1 -47 B-8 CITY OF LAKE ELSINORE CIP Project No. Z10001 BIDDER'S PROPOSAL ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 Company: Honorable Mayor, Members of the Council: In accordance with the Notice Inviting Bids pertaining to the receiving of electronic proposals by the City of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule: BID SCHEDULE BASE BID: REMOVE AND REPLACE OF EXISTING 4" PCC SIDEWALK: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST(FIGURES) 1 1-80 Sq. Ft. Per Sq. Ft. 2 81-160 Sq. Ft. Per Sq. Ft. 3 161-240 Sq. Ft. Per Sq. Ft. 4 241-320 Sq. Ft. Per Sq. Ft. 5 321-400 Sq. Ft. Per Sq. Ft. 6 401-480 Sq. Ft. Per Sq. Ft. 7 481-560 Sq. Ft. Per Sq. Ft. 8 561-640 Sq. Ft. Per Sq. Ft. 9 641-720 Sq. Ft. Per Sq. Ft. 10 721 and Greater Sq. Ft. Per Sq. Ft. BASE BID: INSTALL 4" PCC SIDEWALK: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 11 1-80 Sq. Ft. Per Sq. Ft. 12 81-160 Sq. Ft. Per Sq. Ft. 13 161-240 Sq. Ft. Per Sq. Ft. 14 241-320 Sq. Ft. Per Sq. Ft. 15 321-400 Sq. Ft. Per Sq. Ft. 16 401-480 Sq. Ft. Per Sq. Ft. 17 481-560 Sq. Ft. Per Sq. Ft. 18 561-640 Sq. Ft. Per Sq. Ft. 19 641-720 Sq. Ft. Per Sq. Ft. 20 721 and Greater Sq. Ft. Per Sq. Ft. C-9 CITY OF LAKE ELSINORE CIP Project No.Z10001 BASE BID: 6" REMOVE & REPLACE OF EXISTING PCC CURB & GUTER TYPE 6: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 21 1-16 L.F. Per L.F. 22 17-32 L.F. Per L.F. 23 33-48 L.F. Per L.F. 24 49-64 L.F. Per L.F. 25 65-80 L.F. Per L.F. 26 81-96 L.F. Per L.F. 27 97-112 L.F. Per L.F. 28 113-128 L.F. Per L.F. 29 129-144 L.F. Per L.F. 30 145 and Greater L.F. Per L.F. BASE BID: 8" REMOVE & REPLACE TYPE 8 PCC CURB & GUTTER: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 31 1-16 L.F. Per L.F. 32 17-32 L.F. Per L.F. 33 33-48 L.F. Per L.F. 34 49-64 L.F. Per L.F. 35 65-80 L.F. Per L.F. 36 81-96 L.F. Per L.F. 37 97-112 L.F. Per L.F. 38 113-128 L.F. Per L.F. 39 129-144 L.F. Per L.F. 0 145 and Greater L.F. Per L.F. C-10 CITY OF LAKE ELSINORE CIP Project No. Z10001 BASE BID: INSTALL 6" PCC RESIDENTIAL DRIVE APPROACHES: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 41 1-60 Sq. Ft. Per Sq. Ft. 42 61-120 Sq. Ft. Per Sq. Ft. 43 121 and Greater Sq. Ft. Per Sq. Ft. BASE BID: INSTALL 8" PCC COMMERCIAL DRIVE APPROACHES: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 44 1-60 Sq. Ft. Per Sq. Ft. 45 61-120 Sq. Ft. Per Sq. Ft. 46 121 and Greater Sq. Ft. Per Sq. Ft. BONDS: ITEM NO. FODEJESCRIPTION OF ITEMS UNIT TOTAL COST 47 Labor, Materials and Performance LS Bonds TOTAL BID PRICE: TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM Total Bid Price in Numbers Total Bid Price in Written Form In case of discrepancy between the written price and the numerical price, the written price shall prevail. Note: Estimated quantities are for the purpose of Bid comparison only; payments will be made on the basis of actual measurement of Work completed, except for lump sum (I-S) and final pay (F) quantities. (S) denotes a specialty item. The Bid Price shall include, but not be limited to, sales tax and all other applicable taxes and fees. All work described on the plans and in the specifications and other incidentals necessary to complete the project shall be paid under items above. No additional payments will be allowed. *BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS. C-11 CITY OF LAKE ELSINORE CIP Project No.Z10001 The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract,with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore. The above unit prices include all work appurtenant to the various items as outlined in the Specifications and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern. The undersigned declares that it has carefully examined the Plans, Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon. Contractor Date: By: Contractor's State License No.: Class: Department of Industrial Relations Registration No: Registration Date: Expiration Date: Address: Phone: FAX: C-12 CITY OF LAKE ELSINORE CIP Project No.Z10001 ACKNOWLEDGMENT OF ADDENDA RECEIVED ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 The Bidder shall acknowledge the receipt of addenda by placing an "X" by each addendum received. Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected. Bidder's Signature Date Print Name Title C-13 CITY OF LAKE ELSINORE CIP Project No.Z10001 NON-COLLUSION AFFIDAVIT ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 STATE OF CALIFORNIA ) SS COUNTY OF ) (NAME) affiant being first duly sworn, deposes and says: That he or she is of (sole owner, partner or other proper title) the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and,further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106) Address: Telephone No.: Print Name: Signature: Title: Date: SIGNING INSTRUCTIONS TO THE CONTRACTOR Non-Collusion Affidavit must be accompanied by notary certificates for signature. Note the description of the document on the notary certificate. Attach notary certificate immediately following this page. If the Bidder fails to properly sign or omits the required signature, the bid will be considered non-responsive and will be rejected. C-14 CITY OF LAKE ELSINORE CIP Project No.Z10001 BOND NO. BIDDER'S BOND ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That we as PRINCIPAL, hereinafter referred to as "Contractor", and a duly authorized corporate as "Surety," are held and firmly bound unto the City of Lake Elsinore in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Contractor above named, submitted by said Contractor to the City of Lake Elsinore for the work for said project entitled above, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City of Lake Elsinore to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the amount of THE CONDITION OF THIS OBLIGATION IS SUCH: That whereas the Contractor has submitted the above-mentioned Bid to the City of Lake Elsinore as aforesaid for the work for said project entitled above. NOW, THEREFORE, if the aforesaid Contractor is awarded the Contract and, within the time and manner required under the Contract documents, after the prescribed forms are presented to him or her for signature, enters into a written Agreement in the prescribed form and in accordance with the Contract documents, and files two bonds with the City of Lake Elsinore, one to guarantee faithful performance and the other to guarantee payment for labor and materials, in accordance with said Contract documents, and as required by law, and files the required insurance certificate(s) in accordance with said Contract documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect until execution of the Agreement or forfeiture pursuant to the Provisions of Sections 20172 and 20174 of the Public Contract Code. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court. (SIGNATURE PAGE FOLLOWS) C-15 CITY OF LAKE ELSINORE CIP Project No. Z10001 BIDDER'S BOND SIGNATURE PAGE ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 202 BIDDER: CORPORATE SURETY: Contractor Name: Company Name: Address: Address: Telephone No.: Telephone No.: Print Name: Print Name: Title: Title: Signature: Signature: Date: Date: SIGNING INSTRUCTIONS TO THE CONTRACTOR Bidder's Bond must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach BOTH notary certificates immediately following this page. Corporate Seal may be affixed hereto. The attorney-in-fact for corporate surety must be registered, as such, in at least one county in the State of California. Attach one original Power of Attorney immediately following the notary certificates. If the Bidder fails to properly sign or omits the required signatures, the bid will be considered non-responsive and will be rejected. C-16 CITY OF LAKE ELSINORE CIP Project No.Z10001 LIST OF SUBCONTRACTORS ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 The bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Sections 2-3 of the Standard Specifications. Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub-Contract: and Bid Items of Work: Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub-Contract: and Bid Items of Work Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub-Contract: and Bid Items of Work: Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub-Contract: and Bid Items of Work: Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work that they are to perform. Do not list alternate subcontractors for the same work. C-17 CITY OF LAKE ELSINORE CIP Project No.Z10001 REFERENCES ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 Failure to demonstrate adequate experience may result in rejection of the bid. For all public agency projects with a similar scope of work which you have worked on (or are currently working on) in the past two (2)years, provide the following required information: 1. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount 2. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount 3. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount C-18 CITY OF LAKE ELSINORE CIP Project No.Z10001 List any other projects (private, older than three (3)years, etc.) that may represent qualifying or similar experience: 4. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount 5. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount 6. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount C-19 CITY OF LAKE ELSINORE CIP Project No.Z10001 CONTRACTOR INFORMATION ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 Contractor's License No.: Class: a. Date first obtained: Expiration b. Has Bidder's License ever been suspended or revoked? If yes, describe when and why: c. Any current claims against License or Bond? If yes, describe claims: Principals in Company (List all—attach additional sheets if necessary): NAME TITLE LICENSE NO. (If Applicable) C-20 CITY OF LAKE ELSINORE CIP Project No.Z10001 VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 1. Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects? YES / NO (circle one) Federal / State / Local (circle one) If"YES," identify and describe, (including agency and status): Have the penalties been paid? YES / NO (circle one) 2. Does your firm or its officers have any ongoing investigations by any public agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing Laws? YES / NO (circle one) Code/Laws: Section/Article: If"yes," identify and describe, (including agency and status): 3. Has Bidder been "default terminated" by an owner (other than for convenience), or has Surety completed a contract for Bidder within the last five (5) years? YES / NO (circle one) If"yes," please explain: 4. Has Bidder been cited more than twice for failure to pay prevailing wages in the last five (5) years? YES / NO (circle one) If"yes," please explain: Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute sign8tTf of this Certification. CITY OF LAKE ELSINORE CIP Project No.Z10001 Signature Date Print Name Title Contractor Name C-22 CITY OF LAKE ELSINORE CIP Project No.Z10001 DISQUALIFICATION OR DEBARMENT ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? YES / NO (circle one) If yes, provide the following information (if more than once, use separate sheets): Date: Entity: Location: Reason: Provide Status and any Supplemental Statement: Has your firm been reinstated by this entity? YES / NO (circle one) Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Signature Date Print Name Title Contractor Name If the Bidder fails to properly sign or omits the required signature, the bid will be considered non-responsive and will be rejected. C-23 CITY OF LAKE ELSINORE CIP Project No. Z10001 UTILITY AGREEMENT ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 HONORABLE MAYOR AND CITY COUNCIL CITY OF LAKE ELSINORE, CALIFORNIA The undersigned hereby promises and agrees that in the performance of the work specified in this contract Project No. Z10001, ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM (1) (we) (it)will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary, primary or transmission facilities. The term "Qualified person" is defined in Title 8, California Administrative code, Section 2700, as follows: Qualified Person: A person who by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promises and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Signature By: Name Title Contractor Name C-24 CITY OF LAKE ELSINORE CIP Project No.Z10001 PUBLIC CONTRACT CODE ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 Public Contract Code Section 10285.1 Statement In accordance with Public Contract Code Section 10285.1 (Chapter 376, State. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after"has"or"has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation: Yes_ No If the answer is yes, explain the circumstances in the following space. Public Contract Code 10232 Statement In accordance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediate preceding two-year period because of the Contractor's failure to comply with an order of federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Signature Date Print Name Title Contractor Name C-25 CITY OF LAKE ELSINORE CIP Project No. Z10001 SECTION D CONTRACT DOCUMENTS C-26 AGREEMENT FOR PUBLIC WORKS CONSTRUCTION [insert name of contractor] For the ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 This Agreement for Public Works Construction ("Agreement") is made and entered into as of Click or tap here to enter text. by and between the City of Lake Elsinore, a municipal corporation ("City") and Click or tap here to enter text. ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Project and Project Documents. Contractor agrees to construct the following public improvements("work") identified as: Click or tap here to enter text.(the"Project") The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Click or tap here to enter text., are identified as: Click or tap here to enter text. The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder's Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein. 2. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder's Proposal, such contract price being Click or tap here to enter text.. D-27 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. C. Contractor agrees to receive and accept the prices set forth in the Bidder's Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3. Completion of Work. a. Contractor shall perform and complete all work within Click or tap here to enter text. working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish, and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. C. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, or City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of Click or tap here to enter text. per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. D-28 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor. Any change to the work shall be by way of a written instrument ("change order") signed by the City and the Contractor, stating their agreement to the following: a. The scope of the change in the work. b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City's approved budget for the Project. All changes in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties, or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and warrants to City that it holds the contractor's license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to D-29 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 9. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. D-30 iv. Builder's Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder's risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). V. Professional Liability Coverage Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A: VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute to it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of D-31 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Click or tap here to enter text. Attn: Click or tap here to enter text. Click or tap here to enter text. 11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. D-32 17. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys'fees. 18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City. 20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 22. Prevailing Wages. a. Contractors and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. D-33 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced. C. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements maybe obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours' labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] D-34 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal [insert Contractor name], a [insert entity type] corporation City Manager By: Click or tap here to enter text. Its: Click or tap here to enter text. ATTEST: City Clerk By: Click or tap here to enter text. APPROVED AS TO FORM: Its: Click or tap here to enter text. City Attorney Assistant City Manager D-35 EXHIBITA CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] D-37 CITY OF LAKE ELSINORE CIP Project No. Z10001 BOND NO. PREMIUM $ FAITHFUL PERFORMANCE BOND (100% of Total Contract Amount) WHEREAS, the City Council of the City of Lake Elsinore, State of California, has awarded to and entered into an Agreement with (hereinafter designated as "Principal") whereby Principal agrees to construct or install and complete certain designated public improvements, which said Agreement, effective on the date signed by the City Manager, and identified as ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond guaranteeing the faithful performance of said Agreement. NOW THEREFORE, we the undersigned Principal and as Surety, are held and firmly bound unto the City of Lake Elsinore (hereinafter designated as "City") in the penal sum of dollars ($ ), lawful money of the United States, for which payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal, his or her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in said Agreement and any alterations thereof made as therein provided, on his or her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or the specifications. (SIGNATURE PAGE FOLLOWS) D-38 CITY OF LAKE ELSINORE CIP Project No. Z10001 BOND NO. SIGNATURE PAGE TO FAITHFUL PERFORMANCE BOND IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named and we have hereunto set our hands, and seals on this _day of 20 BIDDER/PRINCIPAL: SURETY: Principal Name: Name: Address: Address: Telephone No.: Telephone No.: Print Name: Print Name: Attorney-in-Fact Signature: Signature: Approved as to Form this day of 20 City Attorney City of Lake Elsinore NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). D-39 CITY OF LAKE ELSINORE CIP Project No. Z10001 BOND NO. PREMIUM $ LABOR AND MATERIALS BOND (100% of Total Contract Amount) WHEREAS, the City Council of the City of Lake Elsinore, State of California, has awarded to and entered into an Agreement with (hereinafter designated as "Principal") whereby the Principal agrees to construct or install and complete certain designated public improvements, which said Agreement, effective on the date signed by the City Manager, and identified as ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 is hereby referred to and made a part hereof; and WHEREAS, under the terms of the Agreement, said Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Lake Elsinore to secure the payment of claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we the undersigned Principal and as Surety are held and firmly bound unto the City of Lake Elsinore (hereinafter designated as "City") and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement as referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code, in the sum of dollars ($ ), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work and labor, that the Surety will pay for the same in an amount not exceeding the sum specified in this bond. In the event suit is brought upon this bond, the Surety shall pay in addition to the face amount thereof, all costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is expressly stipulated and agreed that this bond shall inure to the benefit of any of the persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code, to give a right of action to such persons or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. (SIGNATURE PAGE FOLLOWS) D-40 CITY OF LAKE ELSINORE CIP Project No. Z10001 BOND NO. SIGNATURE PAGE TO LABOR AND MATERIALS BOND IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named and we have hereunto set our hands, and seals on this _ day of 20 . BIDDER/PRINCIPAL: SURETY: Principal Name: Name: Address: Address: Telephone No.: Telephone No.: Print Name: Print Name: Attorney-in-Fact Signature: Signature: Approved as to Form this day of 20 City Attorney City of Lake Elsinore NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). D-41 CITY OF LAKE ELSINORE CIP Project No. Z10001 CONSTRUCTION OR SERVICE CONTRACT ENDORSEMENT Unless waived or modified by the City Engineer, the following endorsement shall be attached to and made a part of all policies insuring the liability of any person, form or corporation performing services under contract for the City of Lake Elsinore. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall: 1. Include the City of Lake Elsinore as an additional insured. (To include the elected officials, appointed officials, and employees.) 2. Indemnify and save harmless the City of Lake Elsinore against any and all claims resulting from the undertaking specified in the contract known as: ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 This holds harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not located on the plans, or shown incorrectly. 3. Not to be cancelled except by notice to the City Attorney of the City of Lake Elsinore at least thirty(30) days prior to the date of cancellation. 4. Provide single limit for Bodily Injury Liability and Property Damage Liability combined, $1,000,000 each Occurrence, and $2,000,000 Aggregate. 5. Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Lake Elsinore as enumerated in this endorsement. However, nothing herein contained shall affect any rights of the insurer against the insured. 6. It is further expressly agreed by and between the parties hereto that the following two provisions, (a) and (b), are a part of this contract: (a) That the Contractor specifically agrees to comply with applicable provisions of Section 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of journeyman or apprentices, or workmen, in any apprenticeable craft or trade. (b) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires 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. D-42 CITY OF LAKE ELSINORE CIP Project No. Z10001 The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy. Duly Authorized Agent Attached to and forming part of Policy No. of the Date: Expiration Date: D-43 CITY OF LAKE ELSINORE CIP Project No. Z10001 WORKERS' COMPENSATION INSURANCE CERTIFICATION Pursuant to Section 1861 of the California Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's 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 work of this contract." Contractor By: Print Name Signature Title Date Section 3700 of the California Labor Code reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee." D-44 CITY OF LAKE ELSINORE CIP Project No. Z10001 SECTION E GENERAL SPECIFICATIONS D-45 CITY OF LAKE ELSINORE CIP Project No. Z10001 GENERAL SPECIFICATIONS SCOPE OF WORK The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents. LOCATION OF WORK The general locations and limits of the work are as follows: Citywide. DEPARTMENT OF INDUSTRIAL RELATIONS' MONITORING AND ENFORCEMENT OF PREVAILING WAGE LAWS Senate Bill 854 amended the California Labor Code to require all contractors bidding on public work to register with the Department of Industrial Relations (DIR) and to pay an annual fee. The registration requires contractors to provide the State with evidence of the contractors' compliance with a number of statutory requirements. The registration requirement took effect on July 1, 2014 to fund the Department of Industrial Relations' monitoring and enforcement of prevailing wage laws. The registration period is open now, and contractors and subcontractors wishing to work on a public works project must be registered by March 1, 2015. For public agencies/awarding bodies, the new law requires that all public works projects with bids due after March 1, 2015, or awarded on or after April 1, 2015, use only registered contractors and subcontractors. The bill also requires awarding bodies to include notice of the registration requirement in their bid invitations and bid documents. In addition, public agencies must also file notice of their public works projects using DIR approved forms. Registration is completed through an online application and requires a non-refundable $300 fee to be paid by the contractors and subcontractors. The registration process requires contractors to: • provide workers' compensation coverage to its employees • hold a valid Contractors State License Board license • have no delinquent unpaid wage or penalty assessments • not be subject to federal or state debarment Contractors must pay an annual renewal fee by July 1 of each year. The registration form is located on the DIR's website at http://www.dir.ca.gov/DLSE/dlsepublicworks.html. To help awarding bodies and contractors comply with the new requirements, the DIR will post a database of registered contractors and subcontractors on its website. While non-registered contractors may not be awarded public works contracts after the effective date, inadvertently listing an unregistered subcontractor on a bid will not necessarily invalidate that bid. In addition, the registration requirement does not apply to private jobs that are determined to be public works after the contract has been awarded. E-1 CITY OF LAKE ELSINORE CIP Project No. Z10001 COOPERATION AND COLLATERAL WORK The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City of Lake Elsinore, other governing agencies or private enterprises. In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule his work and conduct his operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the Inspector in the event of a delay in scheduling caused solely by this construction work. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed. STANDARD SPECIFICATIONS The Standard Specifications of the AGENCY are contained in the 2024 Edition of the Standard Specifications for Public Works Construction, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California and all amendments thereto. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, California 92081, telephone (760) 734-1113. The Standard Specifications set forth above will control the General Provisions for this Contract, except as amended by the Plans, Special Provisions, or other contract documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted and the section numbers of the Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring elaborations, amendments, specifying of options, or additions are called out. E-1 CITY OF LAKE ELSINORE CIP Project No. Z10001 SECTION F SPECIAL PROVISIONS CITY OF LAKE ELSINORE CIP Project No. Z10001 PART 1 GENERAL PROVISONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASUREMENTS & SYMBOLS 1-1 GENERAL 1-1.1 General The work embraced herein shall be done in accordance with the Special Provisions herein which amend, modify, or supplement the Standard Specifications and Sections I through 800 of the Standard Specifications for Public Works Construction, (Greenbook) current edition and the Standard Specifications, (Greenbook)current edition. 1-2 DEFINITIONS Agency City of Lake Elsinore The City of Lake Elsinore, for which the work is being performed. County County of Riverside Engineer City Engineer of the City of Lake Elsinore or his authorized representative 1-3 ABBREVIATIONS 1-3.2 "Common Usage" Abbreviation Word or Words B&P Business and Professions Code Section No. CA California Administration Code Section No. CBC California Building Code, Pacific Coast Building Officials Conference of the International Conference of Building Officials CC Civil Code Section No. CGC California Government Code Section No. CVC California Vehicle Code Section No. DBE Disadvantaged Business Enterprise EDC Educational Code Section No. LC Labor Code Section No. PCC Public Contract Code Section No. RFI Request for Information F1-1 CITY OF LAKE ELSINORE CIP Project No. Z10001 1-3.3 Institutions Abbreviation Word or Words AAN American Association of Nurserymen AGA American Gas Association Al The Asphalt Institute AIA American Institute of Architects AIEE American Institute of Electrical Engineers AISI American Iron & Steel Institute APHA American Public Health Association ASA American Standards Association (now ANSI) ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating, and Air Conditioning Engineers CRSI Concrete Reinforcing Steel Institute CSD Community Services District of the City of Lake Elsinore EVMWD Elsinore Valley Municipal Water District NBFU National Board of Fire Underwriters OSA Office of State Architect RCTC Riverside County Transportation Commission WRCOG Western Riverside Council of Governments PCA Portland Cement Association RCFC & WCD Riverside County Flood Control and Water Conservation District RDA Community Redevelopment Agency of the City of Lake Elsinore SSPC Steel Structures Painting Council USASI or USAS United States of America Standards Institute (Now ANSI) WMWD Western Municipal Water District SECTION 2 -SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF CONTRACT Within 10-working days after the date of the AGENCY's Notice of Award, the Contractor shall execute and return the following contract documents to the AGENCY: Contract Agreement Faithful Performance Bond Labor and Materials Bond Public Liability and Property Damage Insurance Certificate Workers' Compensation Insurance Certificate Failure to comply with the above will result in annulment of the award and forfeiture of the proposal guarantee. F1-2 CITY OF LAKE ELSINORE CIP Project No.Z10001 The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-2 ASSIGNMENT 2-2.1 Contractor Indebtedness. Subsection 2-2.1 is hereby added to Section 2 of the Standard Specifications as follows: Indebtedness incurred by or on behalf of the Contractor for any cause in connection with this work must be paid by the Contractor. The City of Lake Elsinore has no obligation for any indebtedness or claim other than payments under the terms of the Contract, and the Contractor shall not represent that he or she has any authority to create by such obligation on behalf of the City. The Contractor shall indemnify and hold harmless the City of Lake Elsinore, its officers, employees and agents from any loss, demand, damages, claims or actions arising from or in connection with said indebtedness. 2-3 SUBCONTRACTS 2-3.2 Self Performance In respect to the work performed under the Contract, Subsection 2-3.2, "Self- Performance," of the Standard Specifications shall be deemed revised to include the following: If the Bid submitted by the Contractor fails to meet at least fifty (50) percent of the amount of work required with its own forces, the Bid will be considered non- responsive and will be rejected with no further consideration. If after execution of the agreement the City discovers the Contractor is performing work amounting to less than fifty (50) percent of the Contracted amount, except for "Specialty Items," the Contractor will be notified that he or she is in violation of the Contract and will have that portion subcontracted for which is less than fifty percent (50%) of the amount of work required to be performed by the Contractor deducted from payment to the Contractor. The deduction shall not exceed fifty(50) percent of the Contracted amount required to be performed by the Contractor. The Contractor will not be penalized by the City resulting from Contract Change Orders that increase subcontract items of work. Subcontracts shall include Provisions that the Contract between the City and the Contractor is part of the subcontract, and that all terms and Provisions of said Contract are incorporated in the subcontract. Subcontracts shall also contain certification by the subcontractor that said subcontractor is experienced in and qualified to do, and knowledgeable about, the subcontracted work. Copies of subcontracts shall be available to the Engineer at the time any litigation against the City concerning the project is filed. F1-3 CITY OF LAKE ELSINORE CIP Project No.Z10001 2-3.3 Status of Subcontractors In respect to the work performed under the Contract, Subsection 2-3.3, "Status of Subcontractors" of the Standard Specifications shall be deemed revised to include the following: a. The Contractor shall be fully responsible to the City for the acts and omissions of subcontractors and of persons employed by them, as the Contractor is for the acts and omissions of persons directly employed upon their work. b. The Contractor shall be responsible for the coordination of the trades, subcontractors and material suppliers engaged upon their work. Neither the City nor any representative of the City will undertake to settle any difference between the Contractor and subcontractors or between subcontractors. 2-4 CONTRACT BONDS All bonds shall be submitted on the City's bond forms included hereinbefore. Each bond shall be signed by both the Bidder and the Surety, with all signatures notarized and all acknowledgments attached thereto. The attorney-in-fact for a corporate Surety shall be registered as such in the State of California and file with each bond an original, notarized, corporately sealed, and effective dated Power of Attorney. Certified copies of the Power of Attorney are acceptable, providing they are contemporaneously signed, notarized, and corporately sealed. The cost of all bonds, including premiums and incidentals, shall be included in the Contract lump sum price paid for mobilization, and no additional compensation will be allowed. When the Contract does not include a Contract pay item for mobilization, all bond costs shall be considered to be included in and distributed proportionately through all of the Contract items of work. In the event any Contract pay items are deleted, or reduced in quantity or value, no payment will be made to the Contractor for the cost of any portion of the bonds. The Faithful Performance Bond shall remain in force for a period of 1 year after the date of recordation of the Notice of Completion. The Material and Labor Bond shall not be for less than 100 percent of the contract price and shall remain in force until 45 days after the date of recordation of the Notice of Completion. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field and any deviations from the Plans and Specifications shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. 2-5.2 Precedence of Contract Documents. The Special Provisions shall include the Bid Proposal. 2-5.3 Submittals F 1-4 CITY OF LAKE ELSINORE CIP Project No.Z10001 2-5.3.1 General In respect to the work performed under the Contract, under Subsection 2-5.3.1, "General," of the Standard Specifications shall be deemed revised to include the following: Within fourteen (14) calendar days after the Award of Contract, the Contractor shall, at his or her expense, transmit by letter to the Engineer for review and acceptance, working drawings, shop drawings, supporting information, and/or other available instructive and descriptive information from the manufacturer, when and as required by the Plans or Special Provisions, or requested by the Engineer. Shop drawings will normally not be required for standard items in common use for which adequate manufacturers' literature is available. The Contractor shall consecutively number, thoroughly check, approve and sign each submittal and transmit the submittals by letter to the Engineer for review. In the event that certain submittals are submitted without the Contractor's approval signature or are unacceptable to the City, they will be rejected by the Engineer. The Contractor shall, thereafter, correct said submittals and resubmit. In the event that in the process of development of the submittals, it is discovered that there are defects and/or errors on the Plans, resulting in conflict between said Plans and the submittals, or if the submittals show variation from the Plans and/or Contract requirements because of standard shop practice or other reasons, the Contractor shall thoroughly describe and explain said defects and/or conflicts in his or her transmittal letter to the Engineer. The Engineer's review of the submittals will be for general design and arrangement only and shall not relieve the Contractor from responsibility for errors of any sort in the submittals or of the responsibility for executing the work in accordance with the Contract. The Contractor shall be solely responsible for the correctness of the submittals, for shop fits and field connections, and for the results obtained by use of such submittals. The Contractor shall verify and be fully responsible for all dimensions and job-site conditions affecting the work and shall be responsible for furnishing and installing the proper materials required by the Contract, whether or not indicated on the submittals when reviewed. The Contractor will not be given an extension of contract time due to the failure of the Contractor to provide submittals as required by the Specifications in a timely manner. 2-9 SURVEYING 2-9.1 Permanent Survey Markers In respect to work performed under the contract Subsection 2-9.1, "Permanent Survey Markers" of the Standard Specifications, the second paragraph shall be deleted, and the following section is hereby added: The Contractor shall retain a Licensed Land Surveyor, or a Registered Civil Engineer authorized to practice land surveying within the State of California to Reset Survey Monuments. The Contractor is responsible for the filing and recording of the Survey Monuments. The contractor shall provide the City with a final copy of Record of Survey. F1-5 CITY OF LAKE ELSINORE CIP Project No.Z10001 2-9.2 Survey Service In respect to work performed under the contract Subsection 2-9.2, "Survey Service," of the Standard Specifications shall be deemed revised to read: The Contractor shall preserve benchmarks, survey monuments, survey stakes and points set for lines, grades or measurements of work in their proper places unless removal is authorized by the Engineer. In case of their impending removal or destruction by his/her operations he/she shall be responsible for notifying the City Engineer prior to their removal. Failure to provide such notification will result in in the Contractor being liable for all costs associated with their replacement. The cost of re-staking due to the negligence of the Contractor will be deducted from the Contractor's progress payment. 2-9.4 Lines and Grade Unless otherwise specified in the Contract Special Provisions, all lines and grades will be established by the Contractor. 2-9.5 Measurement and Payment The following sub-section is hereby added: Full Compensation for Construction Survey, including furnishing all labor, materials, tools, equipment, surveyor, supervision, and incidentals for doing all the work involved shall be considered as included in other items of work. 2-11 INSPECTION In respect to work performed under the contract, Section 2-11, "Inspection," of the Standard Specifications shall be deemed revised to include the following: Inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the Contract. Defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such defective work and materials have been previously approved by the Engineer or included in the quantities for progress payments. The inspector does not have authority to deviate from the plans and specifications, and to obligate the city financially. If any such work is concealed or performed without the prior inspection notice, then the work shall be subject to such tests or exposure as may be necessary to prove to the Engineer that the materials used, and the work done are in conformity with the plans and specifications or may be removed and installed again at the discretion of the City Engineer. All labor, equipment and materials necessary for exposing, testing or complete removal, and installation or replacement shall be furnished by the Contractor at its expense. The Contractor shall replace, at its own expense, any materials or work damaged by exposure or testing. Cost of rework inspection incurred by the City will be deducted from the Contractor's progress payments. Rework inspection cost is as follows: F1-6 CITY OF LAKE ELSINORE CIP Project No.Z10001 1. Contractor's failure to complete the Work within the Contract time stated in the Contract and any previously authorized extensions thereof. 2. Extra inspections required for Contractor's correction of defective work. 3. Overtime costs for acceleration of work done for Contractor's convenience. 4. All associated costs including travel. SECTION 3 -CHANGES OF WORK 3-2 CHANGES INITIATED BY THE AGENCY 3-2.1 General In respect to work performed under the Contract, Subsection 3-2.1, "General," of the Standard Specifications shall be deemed revised to include the following: The City reserves the right to make changes in the work or eliminate any contract (bid) item of work without impairing the validity of the Contract. Such changes shall be made in accordance with any of the following methods: A. By written modification of Contract (Supplemental Agreement or Contract Change Order)ordered by the City Council. B. By written Contract Change Order, signed by the City Manager or City Engineer in the amounts specified by City Policy. C. All Contract modifications shall be signed by the Contractor. Changes in the work made pursuant to this section, "Changes in Work" and extensions of completion time made necessary by reason thereof, shall in no way release any Guarantee given by the Contractor of the Contract let hereunder. The Sureties in excluding the Bonds on the Contract made pursuant to the General Conditions shall be deemed to have expressly agreed to any change increasing the cost of the work and to any extension for time made by reason thereof. Such changes in the work shall not relieve or release the Sureties of Bonds executed for the work. Whenever a change is pending, the Contractor shall notify the City if it is necessary to halt other work in the area of the change that would be affected thereby, until such time as the change is authorized. Any change to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City, except that when, in the opinion of the City such basis is not feasible, the change to the Contract amount shall be determined as provided for in Subsection 3-3, "Extra Work," of the Standard Specifications. Each lump sum quotation from the Contractor shall be accompanied by sufficiently detailed estimates to permit verification of totals in accordance with Subsection 3- 3.2, "PAYMENT," of the Standard Specifications. When the work is to be done on a cost-plus-percentage basis, the Contractor shall submit daily work reports as required by the City showing all labor, material and equipment costs incurred, and upon completion of the work, a Summary of Costs, including overhead and profit, and in accordance with Subsection 3-3.2, "Payment," of the Standard Specifications. F1-7 CITY OF LAKE ELSINORE CIP Project No.Z10001 The signature of the City's inspector on the daily reports does not obligate the City to payment of any or all items of work listed on the City issued daily work reports, the inspector's signature just acknowledges receipt of the City issued daily work report. The Engineer will review the daily report for the applicable items of work related to extra work. 3-2.2.2 Increases of More Than 25 Percent In respect to the work performed under the contract, the first paragraph of Subsection 3-2.2.2 "Increases of More than 25 Percent" of the Standard Specifications shall be deemed revised to read as follows: Should the actual quantity of a major item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, a Contract Change Order will be issued and payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of the extension of contract with price adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, Subsection 3-2.4 "Agreed Prices", of the Standard Specifications or at the option of the Engineer, on the basis of Subsection 3-3 "Extra Work" of the Standard Specifications. The Contractor will be paid at the contract unit price for minor bid items regardless of if there is an increase in excess of twenty-five percent (25%) in the quantity listed in the bid. 3-2.2.3 Decreases of More Than 25 Percent In respect to the work performed under the contract, the first paragraph of Subsection 3-2.2.3 "Decrease of More than 25 Percent", of the Standard Specifications shall be deemed revised to read as following: Should the actual quantity of a major item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, and adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, a Contract Change Order will be issued and payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Subsection 3-3 "Extra Work" of the Standard Specifications; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price. The Contractor will be paid at the Contract Unit Price for minor bid items regardless if there is a decrease in excess of twenty-five (25%) percent in the quantity listed in the bid. 3-3 EXTRA WORK 3-3.1 General In respect to work performed under the Contract, Subsection 3-3.1, "General," of the Standard Specifications shall be deemed revised to include the following: F 1-8 CITY OF LAKE ELSINORE CIP Project No.Z10001 The Contractor shall not perform any extra work except upon written authorization from the Engineer. Any change in work shall conform to the original drawings and Specifications insofar as they may apply without conflict to the conditions involved in the change. 3-3.2.2 Basis for Establishing Costs 3-3.2.2.1 Labor In respect to work performed under the Contract, the first paragraph of Subsection 3-3.2.2.1, "Labor" of the Standard Specifications shall be deemed revised to read as follows: The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker (including foreman when authorized by the Engineer) performing the extra work at the time the extra work is done, plus, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, as well as assessments or benefits required by lawful collective bargaining agreements. To the actual wages, as defined above, will be added a labor surcharge set forth in the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," which is in effect on the date upon which the work is accomplished, and which is part of the contract. The labor surcharge shall constitute full compensation for all payments imposed by state and federal laws and for all other payments made to, or on behalf of the workers, other than actual wages, subsistence and travel paid to the workers. Labor surcharge includes Workers' Compensation Insurance, Social Security, Medicare, Federal Unemployment, State Unemployment and State Training Taxes. 3-3.2.2.2 Materials In respect to the work performed under the contract, Subsection 3-3.2.2.2 "Materials," of the Standard Specifications shall be deemed revised to include the following: If the Contractor does not furnish satisfactory evidence of the cost of the materials from the actual supplier thereof within a specified time period after the date of delivery of material, the Engineer reserves the right to establish the cost of the materials at the lowest current wholesale prices at which the materials were available, in the quantities concerned, delivered to the location of the work, less any discounts. 3-3.2.2.3 Tool and Equipment Rental In respect to work performed under the Contract, the first paragraph of Subsection 3-3.2.2.3, "Tool and Equipment Rental," of the Standard Specifications shall be deemed revised to read as follows: F 1-9 CITY OF LAKE ELSINORE CIP Project No.Z10001 Individual pieces of equipment or tools not listed in the Equipment Rental Rates and having a replacement value of $200 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made, therefore. The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the Department of Transportation publication entitled, "Labor Surcharge and Equipment Rental Rates," which is in effect on the date upon which the work is accomplished. 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. Equipment, which is rented from a local equipment agency, other than Contractor owned, the Contractor will be paid at the hourly rate shown on the rental agency invoice or agreement for the time used on extra work. If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor. If it is deemed necessary by the Engineer to use equipment not listed in the Labor Surcharge and Equipment Rental Rates publication, a suitable rental rate for that equipment will be established by the Engineer. The Contractor may furnish any cost data that might assist the Engineer in the establishment of the rental rate. If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply. Rental time will not be allowed while equipment is inoperative due to breakdowns. When owner operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator as follows: Payment for the equipment will be made at the rental rates listed for such equipment in the Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," which is in effect on the date upon which the work is accomplished. Payment for the cost of labor will be made in conformance with the provisions in Subsection 3-3.2.2.1 "Labor"of the Standard Specifications as revised. 3-3.2.3 Markup In respect to work performed under the Contract Subsection 3-3.2.3 (.1 & .2), "Markup," of the Standard Specifications, shall be deemed revised to read as follows: The markup for overhead and profit on work added to the Contract shall be according to the following schedule: 1. For work performed by the Contractor's force, the added cost for overhead and profit shall be thirty-three percent (33%) to the cost of labor, fifteen percent. F1-10 CITY OF LAKE ELSINORE CIP Project No.Z10001 (15%)to the cost of materials, and fifteen percent (15%) to the cost of equipment rentals. 2. For work performed by a sub-subcontractor, the added cost for overhead and profit shall be thirty-three percent (33%) to the cost of labor, fifteen percent (15%)to the cost of materials, and fifteen percent(15%)to the cost of equipment rentals, to which subcontractor and general Contractor may add an additional five percent (5%) each of the total price from the lower tier subcontractor. The additional five percent (5%) mark-up shall reimburse the subcontractor and general Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor. 3. For work performed by special force or other special services, the Engineer and the Contractor, by agreement, will determine that a special service or an item of extra work cannot be performed by the forces of the Contractor or those of any of his subcontractors, such service or extra work item may be performed by a specialist. Invoices for such service or item of extra work on the basis of the current market price thereof may be accepted without complete itemization of labor, material, and equipment rental costs when it is impracticable and not in accordance with the established practice of the special service industry to provide such complete itemization. In those instances wherein a Contractor is required to perform extra work necessitating a fabrication or matching process in a fabrication or machine shop facilities away from the job site, the charges for that portion of the extra work performed in such facility may, by Agreement between the Contractor and Engineer, be accepted as a specialist billing. To the specialist invoice price, less a credit to the City for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added fifteen percent (15%) for overhead and profit in lieu of the percentages provided above. 4. The cost of direct supervision, except when provided by working foremen whose time is included above, of Contract Change Order work when done exclusively and not in conjunction or at the same time of other work performed on the job and when approved in advance by the Engineer including only payroll taxes, insurance, pension and direct costs for the labor of supervision, may be charged to the Contract Change Order. The cost of transportation, use of vehicle, and other costs incurred by supervision will not be allowed. 5. For added or deducted work by subcontractors, the Contractor shall furnish to the Engineer, with the subcontractor's signed detailed estimate of the cost for F1-11 CITY OF LAKE ELSINORE CIP Project No.Z10001 labor, materials, and equipment, including the markup by such subcontractor for overhead and profit. The same requirement shall apply to subcontractors. 6. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the Engineer a detailed estimate or quotation of the cost to the Contractor for such work, signed by such vendor or supplier. 7. Any change in the work involving both extras and credits shall show a net total cost, including subcontracts. Allowances for overhead and profit, as specified herein, shall be applied if the net total cost is an extra. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 3-3.3 Daily Reports In respect to work performed under the Contract, Subsection 3-3.3, "Daily Reports," of the Standard Specifications shall be deemed to include the following: Material charges shall be substantiated by valid copies of vendor's invoices. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports. The Contractor shall maintain Contractor's records in such a manner as to provide a clear account basis and the costs of other operations. Daily extra reports shall be made on City daily work report forms. The daily extra reports shall describe in detail the work that was performed, location (station, etc.). Separate daily extra reports shall be submitted for work that is being performed for more than one location or for different tasks that occur on the same day. The Engineer will compare the Inspector's records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed. 3-3.4 Extension of Time. Subsection 3.3.4 is hereby added to Section 3 of the Standard Specifications as follows: If the Contractor is delayed in completing the work by reasons of any change ordered by the City, the time for completion of work will be extended for a period equal to the number of days by which the entire project has been delayed because of such change. The Contractor will not be liable for liquidated damages for such period of time and shall have no claim for any other compensation for any such delay except as provided herein. 3-5 DISPUTED WORK In respect to work performed under the Contract, the first paragraph of Subsection 3-5, "Disputed Work" of the Standard Specification shall be deemed revised to read as follows: F1-12 CITY OF LAKE ELSINORE CIP Project No.Z10001 If unable to reach agreement under any of the foregoing procedures, the City may direct the Contractor to proceed with the work. Payment shall be made for such work as is later determined by negotiation between the parties or as is fixed by a court of law. 3-6 FORMAT FOR CHANGES IN WORK Subsection 3.6 is hereby added to Section 3 of the Standard Specifications as follows: 3-6.1 General A Contract Change Order will be issued for all changes in the work unless a supplemental agreement is made between the City and Contractor. The Contract Change Orders will be made on a City form and will contain a summary of all costs as supplied by the Contractor or agreed to by the City and Contractor. The Contractor shall use City Contract Change Order report forms (as follows): 3-6.2(a) Change Order Summary Report 3-6.2(d) Material Cost Report 3-6.2(b) Labor Cost Report 3-6.2(e) Equipment Cost Report 3-6.2(c) Labor Rates Report 3-6.2(f) Special Forces/Services Cost Report F1-13 CITY OF LAKE ELSINORE CIP Project No.Z10001 Date CCO Proposal No. Contractor- Item No. Location 3-6.2 (a) CONTRACT CHANGE ORDER SUMMARY REPORT AMOUNT General Contractor 1. Labor Cost: ...............................................................................$ 2. Material Cost:...........................................................................$ 3. Equipment Cost: .......................................................................$- 4. Special Forces/Services: ..........................................................$_ Subtotal Contractor Cost:......................................................... 5. Subcontractor/Sub-subcontractor Name a. Labor Cost..................................................$ b. Material Cost..............................................$ C. Equipment Cost..........................................$- Subtotal Subcontractor/Sub-subcontractor Cost........................$ 6. Subcontractor/Sub-subcontractor Name a. Labor Cost..................................................$ b. Material Cost..............................................$ C. Equipment Cost..........................................$- Subtotal Subcontractor/Sub-subcontractor Cost........................$ TOTAL CONTRACT CHANGE ORDER COSTS.....................$ F1-14 CITY OF LAKE ELSINORE CIP Project No.Z10001 Date CCO Proposal No. Contractor or Subcontractor- Item No. Location 3-6.2 (b) LABOR COST REPORT HOURLY EXTENDED CLASSIFICATION AND NAME HOURS RATE AMOUNTS Classification: OT $ $ Name: REG $ $ Classification: OT $ $ Name: REG $ $ Classification: OT $ $ Name: REG $ $ Classification: OT $ $ Name: REG $ $ Classification: OT $ $ Name: REG $ $ Classification: OT $ $ Name: REG $ $ Classification: OT $ $ Name: REG $ $ Classification: OT $ $ Name: REG $ $ ITOTALLABOR $ Overhead/profit 33% ..................................................................................$ Total labor/overhead/profit .........................................................................$ Subcontractor's mark-up of total sub-subcontractor labor/overhead/profit(if applicable)5% $ General contractor's mark-up of total subcontractor or sub-subcontractor labor/overhead/profit(if applicable)5% ..............$ Total ...........................................................................................................$ F1-15 CITY OF LAKE ELSINORE CIP Project No.Z10001 Date CCO Proposal No. Contractor or Subcontractor Item No. Location 3-6.2© LABOR RATES REPORT CLASSIFICATION: TAXABLE BASE: AMOUNT Base Hourly Pay $ Vacation $ TOTAL TAXABLE BASE $ TAXES & INSURANCE PERCENT AMOUNT Social Security Tax $ State Unemployment Tax $ Federal Unemployment Tax $ Workmen's Compensation $ Liability& Umbrella Insurance $ TOTAL TAXES & INSURANCE $ FRINGE BENEFITS AMOUNT Pension $ Health &Welfare $ Training $ Other Fringe Benefits $ TOTAL FRINGE BENEFITS $ TOTAL LABOR RATE PER CLASSIFICATION $ F1-16 CITY OF LAKE ELSINORE CIP Project No.Z10001 Date CCO Proposal No. Contractor or Subcontractor Item No. Location 3-6.2 (d) MATERIAL COST REPORT INVOICE DESCRIPTION AMOUNT NO. 1. Material $ Sales Tax (Prevailing Tax Rate) 8.75% $ Subtotal $ 2. Material $ Sales Tax (Prevailing Tax Rate) 8.75% $ Subtotal $ 3. Material $ Sales Tax (Prevailing Tax Rate) 8.75% $ Subtotal $ SUBTOTAL MATERIAL COST $ NOTE: An itemized list of materials, manufacturers, serial numbers, invoices, and other pertinent date shall be submitted along with the material cost report. Overhead/profit 15% ...................................................................................$ Total material/overhead/profit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ Subcontractor's mark-up of total sub-subcontractor material/overhead/profit(if applicable)5%........................................$ General contractor's mark-up of total subcontractor or sub-subcontractor material/overhead/profit(if applicable) 5%......$ Total ....................................................................................................................$ F1-17 CITY OF LAKE ELSINORE CIP Project No.Z10001 Date CCO Proposal No. Contractor or Subcontractor Item No. Location 3-6.2 (e) EQUIPMENT COST REPORT EQUIPMENT NO. HOURLY EXTENDED Description, Type, Size HOURS RATE AMOUNTS SUBTOTAL EQUIPMENT COST $ Overhead/profit 15%.............................................................................................$ Total equipment/overhead/profit...........................................................................$ Subcontractor's mark-up of total sub-subcontractor equipment/overhead/profit (if applicable)5% ..................................... $ General contractor's mark-up of total subcontractor or sub-subcontractor equipment/overhead/profit(if applicable) 5%.... $ Total ............................................................................................... $ F1-18 CITY OF LAKE ELSINORE CIP Project No.Z10001 Date CCO Proposal No. Contractor or Subcontractor Item No. Location 3-6.2 (f) SPECIAL FORCES/SERVICES COST REPORT INVOICE DESCRIPTION AMOUNT NO. 1. $ Subtotal $ 2. $ Subtotal $ 3. $ Subtotal $ SUBTOTAL MATERIAL COST $ NOTE: An itemized list of materials, manufacturers, serial numbers, invoices, and other pertinent data shall be submitted along with the special forces/services cost report. Overhead/profit 15%.............................................................................................$ Total Special Forces/Services Overhead/Profit.................................................... $ F1-19 CITY OF LAKE ELSINORE CIP Project No.Z10001 SECTION 4—CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1.1 Property Rights in Materials Subsection 4-1.1.1 is hereby added to Section 4 of the Standard Specifications as follows: Nothing in the Contract shall be construed as vesting in the Contractor any right, title or interest in material used in the work after it has been attached or affixed to the work or the soil. All such material shall become the property of the City upon being so attached or affixed. 4-1.2 Protection of Work and Materials In respect to work performed under the contract, Subsection 4-1.2, "Protection of Work and Materials," of the Standard Specifications shall be deemed revised to include the following: Materials shall not be stored in the right-of-way unless written permission is given by the Engineer. 4-1.4 Tests of Materials In respect to work performed under the Contract the third sentence of the first paragraph of Subsection 4-1.4, "Test of Material" of the Standard Specifications shall be deemed revised to read as follows: Unless otherwise called for hereinafter in these Special Provisions, all testing will be performed by the City in such number and at such locations as deemed necessary by the Engineer to insure compliance with the Plans and Specifications; the cost of all initial testing will be borne by the City; the cost of all retesting will be borne by the Contractor, and the amount due the City for said retesting will be deducted from the Contractor's progress payments. 4-1.5 Certificate of Compliance In respect to work performed under the contract, Subsection 4-1.5, "Certificate of Compliance," of the Standard Specifications shall be deemed revised to include the following: A Certification of Compliance shall be furnished prior to the use of any materials for which these Specifications or the Special Provisions require that a certificate be furnished. In addition, when so authorized in these Specifications or in the Special Provisions, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate. F1-20 CITY OF LAKE ELSINORE CIP Project No.Z10001 All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Plans and Specifications, and any material not conforming to the requirements will be subject to rejections, whether in place or not. The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance. 4-1.6 Trade Names or Equals In respect to work performed under the Contract, Subsection 4-1.6, "Trade Names or Equals" of the Standard Specifications shall be deemed revised to include the following: The words "or equal" shall be interpreted to mean "or approved as equal in the opinion of the Engineer." Within ten (10) working days from the date of the Award of Contract, the Contractor shall, at his/her expense, submit a written request to the Engineer for each desired substitution, accompanied by complete descriptive information from the manufacturer, samples as requested by the Engineer, complete detailed test results from a licensed independent testing laboratory of the City's choice if requested by the Engineer, and if requested by the Engineer, an evaluation report from a qualified licensed professional engineer, all for final evaluation by the Engineer. If in the Engineer's opinion, the requested substitution is of lesser quality or in variance with that specified, or if the information submitted is insufficient or incomplete, the requested substitution will be disallowed, and the specified materials or equipment shall be furnished. No request for substitutions submitted after the 10-day deadline specified hereinabove, will be considered. The City may describe in the "Notice Inviting Bids," in the Bidder's Schedule, Specifications, Plans, or Request for Proposals that a particular material, product, thing, or service is designated by specific brand or trade name in accordance with Section 3400 of the Public Contract Code for either of the following purposes: a) In order that a field test or experiment may be made to determine the product's suitability for future use, b) In order to match other products in use on a particular public improvement, either completed or in the course of completion. 4-1.9 Foreign Materials. Subsection 4-1.9 is hereby added to Section 4 of the Standard Specifications as follows: Materials which are manufactured, produced or fabricated outside of the United States shall be delivered to a distribution point in California, unless otherwise required in these Specifications or the Special Provisions, where they shall be retained for a sufficient period of time to permit inspection, sampling, and testing. F1-21 CITY OF LAKE ELSINORE CIP Project No.Z10001 The Contractor shall not be entitled to an extension of time for acts or events occurring outside of the United States and it shall be the Contractor's responsibility to deliver materials obtained from outside of the United States to the point of entry into the continental United States in sufficient time to permit timely delivery to the job site. The Contractor, at no cost to the City, shall supply the facilities and arrange for any testing required in California, which the City is not equipped to perform. All testing by the Contractor shall be subject to witnessing by the Engineer. The manufacturer, producer or fabricator of foreign material shall furnish to the Engineer a Certificate of Compliance in accordance with the provisions in Subsection 4-1.5 "Certificate of Compliance." In addition, certified mill test reports or actual specimen tests clearly identifiable to a lot of material shall be furnished where required in these Specifications or otherwise required by the Engineer. If the welding of steel for structural steel members or the casting and pre- stressing of precast pre-stressed concrete members is to be performed outside of the United States, the following requirements shall apply: A. The fabrication shall be performed only within the plants and by fabricators who have previously established, to the satisfaction of the Engineer, that they have the experience, knowledge, trained manpower, quality controls, equipment and other facilities required to produce the quality and quantity of work required. At the option of the Engineer, prequalification of the plant and fabricator will be established either by the submission of detailed written proof thereof or through in-plant inspection by the Engineer or the Engineer's representative, or both. B. The Contractor shall make written application to the Engineer for approval for the foreign fabrication at the earliest possible time and in no case later than 50 days in advance of the planned start of fabrication. The application shall list the specific units or portion of a work that will be fabricated outside of the United States. C. The Contractor shall advise the Engineer, in writing, at least 20 days in advance of the actual start of any foreign fabrication. D. All documents pertaining to the Contractor, including but not limited to, correspondence, bid documents, working drawings and data shall be written in the English language and all numerical data shall use the International System of Units (SI)for measurement. 4-1.10 State Specification Number Subsection 4-1.10 is hereby added to Section 4 of the Standard Specifications as follows: The State Specification number of material furnished on the Contract shall conform to the number specified in these Specifications or the Special F1-22 CITY OF LAKE ELSINORE CIP Project No.Z10001 Provisions for the material involved, except that material conforming to a later specification issue will be acceptable. SECTION 5—UTILITIES 5-1 LOCATION In respect to work performed under the Contract, the third paragraph of Subsection 5-1, "Location "of the Standard Specifications shall be deemed revised to read as follows: When work is to be conducted in an area which is known, or reasonably known, to contain underground utilities or subsurface improvements, the Contractor shall contact Underground Service Alert of Southern California at least 2 working days, but not more than 14 calendar days in advance of any construction activity, which will or could damage or affect any underground utility or subsurface improvement, and obtain an inquiry identification number (CGC 4216). The Contractor shall delineate with white paint or other suitable markings the area to be excavated. The Contractor shall notify Underground Service Alert in the event of change in the project limits or change in original work previously shown on the Plans or indicated in the Specifications. When all work is completed, the Contractor shall remove all markings for underground utilities. Subsurface installations are considered within 24 inches (600mm) horizontally on either side of the exterior surface of the subsurface installation (CGC 4216). When the subsurface installation markings are no longer reasonably visible, the Contractor shall notify Underground Service Alert to remark those subsurface installations which may be affected by excavation to the extent necessary(CGC 4216.3©). 5-5 DELAYS In respect to work performed under the contract, Subsection 5-5, "Delays," of the Standard Specifications shall be deemed revised to include the following: In accordance with Section 4215, of the California Government Code, if such utilities have not been identified with reasonable accuracy in the Contract documents, the Contractor shall be compensated for the cost of protecting, removing, relocating, and repairing damage to main or trunk line utility facilities located on the job site, where not due to the failure of the Contractor to exercise reasonable care; and for the operating costs for equipment on the project necessarily idled during such work. 5-7 AGENCY PHONE NUMBERS Subsection 5-7 is hereby added to Section 5 of the Standard Specifications as follows: The following list of individuals or entities, that may have facilities in the area to be improved hereunder is merely for the Contractor's information and may not be accurate or complete: Time Warner Communications 951.549.3977 City of Lake Elsinore, Public Works Division 951.674.3124 City of Lake Elsinore, PW Operations Department 951.674.5170 City of Lake Elsinore Police Department 951.245.3300 F1-23 CITY OF LAKE ELSINORE CIP Project No.Z10001 City of Lake Elsinore Fire Department 951.674.2161 Elsinore Valley Municipal Water District 951.674.3146 Lake Elsinore Unified School District 951.674.7731 Comcast Cable 951.549.3997 Riverside Transit Agency 951.684.0850 SBC (formerly Pacific Bell) 800.750.2355 Southern California Edison Company 951.928.8206 Southern California Gas Company(Distribution) 909.335.7582 Southern California Gas Company(Transmission) 213.244.2268 Trash Collection (CR&R) 800.755.8112 Underground Service Alert 800.227.2600 Verizon 951.929.9493 5-8 SOUTHERN CALIFORNIA EDISON COMPANY TEMPORARY ELECTRICAL SERVICE CONNECTION FOR CONSTRUCTION POWER Subsection 5-8 is hereby added to Section 5 of the Standard Specifications as follows: The Contractor shall apply for and pay all charges levied by Southern California Edison Company for rendering temporary electrical service to this project. Charges can be obtained by contacting Southern California Edison Company, 26100 Menifee Road, Romoland, California 92585, Phone 951.928.8288. The foregoing address and telephone numbers are for informational assistance only and may not be accurate or complete. SECTION 6- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK In respect to work performed under the Contract of Subsection 6-1, "Construction Schedule and Commencement of Work", of the Standard Specifications shall be deemed revised to include as follows: The Contractor's representative and the Contractor's principal subcontractors shall attend the City's pre-construction meeting. Other agencies and utilities involved in this project may also have separate pre-construction meetings; the contractor and applicable subcontractors are required to attend the agency/utility meetings. In respect to work performed under the Contract, the first sentence of the first paragraph of Subsection 6-1, "Construction Schedule and Commencement of Work," of the Standard Specifications shall be deemed revised to read as follows: The Contractor shall submit a proposed construction schedule (Gant Chart) for the entire work to the Engineer for review and approval five (5) working days prior to the Pre-Construction Meeting and revised schedules thereafter as required by the Engineer when the Contractor's activities differ or are expected to differ from the latest existing schedule. If the Contractor has not submitted a Construction Schedule upon the date to start work in the Notice to Proceed, the Contractor will not be allowed to start work and will not be granted additional time. The Contractor shall refer to the PROJECT SPECIFIC SCOPE OF WORK section in the Technical Provisions for any required or preferred sequence of work. F1-24 CITY OF LAKE ELSINORE CIP Project No. Z10001 In respect to work performed under the Contract, the second paragraph of Subsection 6-1, "Construction Schedule and Commencement of Work," of the Standard Specifications shall be deemed to have been deleted. 6-2 PROSECUTION OF WORK The following sentence is hereby added to Section 6-2: The Contractor shall provide the following: (1) The Contractor must place concrete within 3 working days after the removal of existing concrete. Asphalt Concrete pavement replacement at driveways shall be installed within 3 calendar days of pouring concrete. (2) AC pavement replacement shall be installed the same day as removals are performed. (3) The Contractor shall clean up all rubble/debris piles daily. (4) The Contractor shall not commence any cold milling operation unless the traffic signal camera is in full operation and shall not be performed more than 3 calendar days ahead of paving. (5) Permanent striping shall be performed within 72 hours of paving on all streets. (6) Manhole frames and covers to be raised shall be raised and patched with within 3 calendar days of final day of overlay paving. FAILURE OF THE CONTRACTOR TO COMPLY WITH THE AFOREMENTIONED WORK SCHEDULING REQUIREMENTS, (1)-(6), DUE TO CONDITIONS UNDER HIS CONTROL WILL RESULT IN DAMAGES BEING SUSTAINED BY THE AGENCY. SUCH DAMAGES ARE, AND WILL CONTINUE TO BE, IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE. FOR EACH DAY THE CONTRACTOR FAILS TO CONFORM TO THESE REQUIREMENTS, THE CONTRACTOR SHALL PAY TO THE AGENCY, OR HAVE WITHHELD MONIES DUE TO HIM THE SUM OF FIVE HUNDRED DOLLARS ($1,000.00), AS LIQUIDATED DAMAGES FOR EACH CALENDAR DAY. 6-3 SUSPENSION OF THE WORK 6-3.2 Archaeological and Paleontological Discoveries In respect to work performed under the contract Subsection 6-3.2 "Archaeological and Paleontological Discoveries," of the Standard Specifications shall be deemed to include: During construction, if subsurface archaeological resources are encountered, they shall be left in place and a qualified archaeologist shall be called in to examine the findings. Work shall not resume, where discovery was made, until the archaeologist has reviewed the findings, made recommendations for their removal or preservation, and has a reasonable opportunity to carry out the necessary mitigation procedures. An extension of time will be granted only where the Contractor shows that there is no possible way to proceed with other work items. F1-25 CITY OF LAKE ELSINORE CIP Project No.Z10001 6-6 DELAYS AND EXTENSIONS OF TIME 6-6.1 General In respect to work performed under the Contract, add to the first paragraph of Subsection 6-6.1, "General" of the Standard Specifications shall be deemed revised to read as follows: Work will not be allowed on days predicted by the South Coast Air Quality Management District (SAQMD) to be "Stage III" smog episode days. Notification will be given to the Contractor's representative by the Engineer no later than 3:00 p.m. on the day preceding the predicted "Stage III" episode day. The Contractor will be entitled to an extension of time for such delays, but the Contractor will not be entitled to damages or additional payment due to such delays. Work required to maintain the project site in a safe condition (including but not limited to maintenance of traffic control), shall be allowed on all days. 6-7 TIME OF COMPLETION 6-7.2 Holidays Subsection 6-7.2 is hereby added to Section 6 of the Standard Specifications as follows: The following days have been designated as holidays by the City of Lake Elsinore: New Year's Day January 1 Martin Luther King, Jr. Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1 st Monday in September Columbus Day October 12 Veterans' Day November 11 Thanksgiving 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Day December 25 If a holiday falls upon a Sunday, the following Monday shall be the day the holiday is observed, and if a holiday falls upon a Saturday, the preceding Friday shall be the day the holiday is observed. 6-7.3 Contract Time Accounting In respect to work performed under the Contract, Subsection 6-7.3, of the Standard Specifications shall be deemed to include the following: The Contract time, commencement of work, and completion of work, including corrective items of work, shall be in accordance with Section 4 of the Agreement. F1-26 CITY OF LAKE ELSINORE CIP Project No.Z10001 Extensions of time, when granted by the Engineer, will be in working days and will otherwise be in accordance with the Standard Specifications and given in writing by Contract Change Order. 6-7.4 Work Outside Regular Hours. Subsection 6-7.4 is hereby added to Section 6 of the Standard Specifications as follows: No work shall be allowed outside of regular working hours (in general unless specified, 7:00 a.m. to 3:30 p.m., on weekdays), without the approval of t h e City of Lake Elsinore , except work items relating to maintenance and cleanup of the work area for the purpose of public safety and convenience. The Contractor shall not fuel, grease, or perform work on the equipment or trucks between the hours of 7:00 p.m. to 6:00 a.m., Monday through Friday, and at no time on Saturday, Sunday or holidays. Should work outside of the above hours be approved, inspection, testing and construction City of Lake Elsinore costs as a result of the work outside of regular working hours shall be paid by the Contractor at the hourly rate, including fringe benefits, at straight time or time and one-half rates as applicable, or if consultant inspection service is retained by the City, then the Contractor will reimburse the City for the actual cost. Under no circumstances will work outside regular hours be allowed without full-time inspection. 6-8 COMPLETION,ACCEPTANCE,AND WARRANTY 6-8.3 Warranty In respect to work performed under the Contract, add to the first paragraph of Subsection 6-8.3, "Warranty" of the Standard Specifications shall be deemed revised to read as follows: The Contractor shall warranty that all work performed by him/her under this Contract fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become evident within a period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at his or her own expense, make any repair or replacement necessary, including repair of settled backfill and resurfacing, pay administrative costs relative to inspection, testing, Contract administration, and attorney fees to restore the work to full compliance with the Plans and Specifications. Such repair and replacement shall be made promptly upon receipt of written notice from the City of Lake Elsinore. If the Contractor fails to make such repair and replacement promptly, the Engineer may cause the work to be done and the costs incurred thereby shall become the liability of the Contractor and his or her Surety. If in the opinion of the Engineer, defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City will attempt to give the notice required by this article. If the Contractor cannot be contacted or does not F1-27 CITY OF LAKE ELSINORE CIP Project No.Z10001 comply with the City of Lake Elsinore's request for correction within a reasonable time as determined by the Engineer, the City may, notwithstanding the Provisions of this article, proceed to make such correction or provide such attention, and the costs of such correction or attention shall be charged against the Contractor. Such action by the City will not relieve the Contractor of the guarantees provided in this article or elsewhere in this Contract. This article does not in any way limit the warranty on any items for which a longer warranty is specified or on any items for which a manufacturer gives a guarantee for a longer period, nor does it limit other remedies of the City in respect to latent defect, fraud implied warranties, or assigned claims. Warranty does not include items of maintenance with normal ware or items over which the Contractor has no control. Payment for fulfilling the requirements of this section shall be considered to be included in the prices paid for the various Contract items of work and no additional compensation will be allowed, therefore. 6-9 LIQUIDATED DAMAGES In respect to work performed under the Contract, the last sentence of the first paragraph of Subsection 6-9, "Liquidated Damages" of the Standard Specifications shall be deemed revised to read as follows: Liquidated damages shall be in the amount as specified in the Agreement and shall be for each consecutive calendar day in excess of the time allowed under this Contract for the completion of the work, including corrective items of work as adjusted by the Contract Change Order. The amount of the liquidated damages shall be deducted from payments due the Contractor. In respect to work performed under the Contract, the following paragraph is added after the last paragraph of Subsection 6-9, "Liquidated Damages"of the Standard Specifications: The Contractor will not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the City or the Owner of a utility to provide for removal or relocation of an existing unknown utility facility. SECTION 7—RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.1 General In respect to work performed under the Contract, the first paragraph of Subsection 7-1.1, "General" of the Standard Specifications shall be deemed revised to read as follows: Such equipment and facilities shall meet all requirements of applicable ordinances and laws. In respect to work performed under the contract, the second paragraph of Subsection 7-1.1, "General", of the Standard Specifications shall be deemed revised to include as follows: F1-28 CITY OF LAKE ELSINORE CIP Project No.Z10001 The Contractor shall provide a hand washing facility. The Contractor shall comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation. 7-3 INSURANCE Liability Insurance shall be in accordance with Section 6 of the Agreement. In respect to work performed under the Contract, Subsection 7-3, "Insurance," of the Standard Specifications shall be deemed to have been deleted. 7-5 PERMITS In respect to work performed under the Contract, the first sentence to the first paragraph of Subsection 7-5, "Permits", of the Standard Specifications shall be deemed revised to read as follows: No work shall be started until the Contractor has obtained all necessary licenses and permits. Therefore, the Contractor shall obtain and pay for all permits and give all notices necessary and incident to the due and lawful prosecution of the work and to the preservation of public health and safety. The Contractor shall pay all cost incurred by the permit requirements. Fees will not be collected on those permits obtained from the City for City-owned projects. 7-5.1 Right of Entry Subsection 7-5.1 is hereby added to Section 7 of the Standard Specifications as follows: At no time shall the Contractor encroach on Caltrans Right-of-Way without a proper encroachment permit from Caltrans. 7-5.2 Licenses. Subsection 7-5.2 is hereby added to Section 7 of the Standard Specifications as follows: The Contractor and subcontractors shall obtain and incur all costs for licenses necessitated by his or her operations. Prior to starting any work, the Contractor and subcontractors shall be required to have a City of Lake Elsinore business license valid for at least the life of the Contract; subcontractors shall have business licenses valid for the time they are engaged in work under the Contract. 7-6 THE CONTRACTOR'S REPRESENTATIVE In respect to work performed under the Contract Subsection 7-6, "The Contractor's Representative," of the Standard Specifications shall be deemed to include the following: The Contractor's representative shall give to the engineer a daily list of all labor, equipment, and materials used on the project for that day. The Contractor's authorized representative shall be present at the site of the work at all times while work is actually in progress. Work by subcontractors will not be allowed in the absence of the contractor's authorized representative, unless previous arrangements are agreed to by the F1-29 CITY OF LAKE ELSINORE CIP Project No.Z10001 Engineer. In the event a subcontractor attempts to perform work in the absence of the contractor's authorized representative, a STOP WORK NOTICE will be issued to the subcontractor. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required. 7-8 WORK SITE MAINTENANCE 7-8.1 General In respect to work performed under the Contract, the second paragraph of Subsection 7-8.1, "General," of the Standard Specifications shall be deemed revised to read as follows: When and as often as required by the City of Lake Elsinore, the Contractor shall furnish and operate self-loading motorized street sweeper equipped with a functional water spray system, to keep paved areas affected by the work clean and dust free. If the sweeper fails to keep the paved areas clean and dust free, then the Contractor shall provide the additional sweepers or stop the work until the paved areas are clean and dust free. The use of water resulting in mud on paved areas will not be permitted. In respect to work performed under the contract, Subsection 7-8.1, "General", of the Standard Specifications shall be deemed revised to include as follows: All cleanup costs shall be included in the various related items of work and no additional compensation will be allowed as a result of suspension of work for failure to comply with cleanup orders. 7-8.6.4 Dewatering In respect to work performed under the contract, the second paragraph of Subsection 7-8.6.4, "Dewatering", of the Standard Specifications shall be deemed revised to include as follows: The Contractor shall maintain drainage within and through the work areas. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS In respect to work performed under the contract, Section 7-9, "Protection and Restoration of Existing Improvements", of the standard specifications shall be deemed revised to include the following: All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the bid. 7-9.1 Protection of Work Subsection 7-9.1 is hereby added to Section 7 of the Standard Specifications as follows: F1-30 CITY OF LAKE ELSINORE CIP Project No.Z10001 The Contractor shall protect all work, materials, and equipment from damage from any cause whatever, and shall provide adequate and proper storage facilities during the progress of the work. He or she shall provide for the safety and good condition of all work until final acceptance of the work by the City, and shall replace all damaged or defective work, materials, and equipment before requesting final acceptance. The Contractor is and shall be held responsible for the protection and correction of the work of all trades from smears, splashes, stains, or damages that might occur in the process of the work. The Contractor shall constantly monitor the worksite and all equipment and appurtances associated with the project for vandalism/graffiti. Equipment, materials, or signs containing graffiti shall not be brought to the project. Any vandalism/graffiti found within the project limits or worksite by the Contractor, or the City shall be removed or repaired by the Contractor within 24 hours. Failure to correct the situation to the satisfaction of the City within 24 hours will result in the Agency taking corrective action and deducting the cost from any monies due to the Contractor. Prior to final acceptance of the project the Contractor shall remove all markings including, but not limited to, USA markings from the project area to the satisfaction of the City Engineer. Full compensation for furnishing all labor, equipment, materials, and tools required for protection of work, including but not limited to graffiti removal, vandalism repair and/or USA marking removal, as ordered by the Engineer, shall be considered as being included in the various Contract items of work and no separate or additional compensation will be allowed, therefore. 7-15 PROJECT IDENTIFICATION SIGNS Section 7-15, "Project Identification Sign" is hereby added to Section 7, "Responsibilities of the Contractor,"as follows: The Contractor shall provide and erect project identification signs at the locations noted in the Plans or as otherwise approved by the Engineer. The signs shall be furnished by the Contractor and shall be labeled as shown in the Appendix. The project identification signs shall be erected five working days prior to the start of work. The project identification signs shall be 1.22 m x 2.44 m (4' x 8') in size, with two (2) 100 mm x 100 mm x 4.88 m (4" x 4" x 16') posts. The signposts shall be set 1.5 m (5) in good, solid ground, and the backfill shall be carefully tamped into place. The Contractor shall revise all misspellings and any other corrections on the sign at no extra cost to the City. If the Contractor is ordered to revise the Mayor's name and council member's name(s) on the sign, after the project identification sign has been approved by the Engineer, a Contract Change Order will be issued in accordance with Subsection 3-2, "Changes Initiated by the Agency," of the Standard Specifications for the cost of changing names. Upon completion of the project, each project identification sign shall be removed from the project limits and disposed of by the Contractor. The cost of project identification sign removal F1-31 CITY OF LAKE ELSINORE CIP Project No.Z10001 and disposal shall be considered incidental to the other items of work and no separate or additional payment will be allowed, therefore. The Contract unit price paid for project identification signs shall include full compensation for furnishing all labor, equipment materials and tools required for performing all work necessary to paint, label, assemble, and for erecting project identification signs complete in place, and no separate or additional compensation will be allowed, therefore. SECTION 8—FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL Facilities for Agency Personnel will not be required on this project. SECTION 9—MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General In respect to work performed under the Contract, the ninth paragraph of Subsection 9-3.1, "General," of the Standard Specifications, shall be deemed revised to include the following: In the event that one or more Stop Notices are filed with the City, an amount equal to 125% of the total of the amount(s) called for therein will be retained by the City until the demand(s) have been satisfied in accordance with applicable laws. 9-3.2 Partial and Final Payment In respect to work performed under the Contract, the first, second and third paragraphs of Subsection 9-3.2, "Partial and Final Payment," of the Standard Specifications shall be deemed revised to read as follows: Except as otherwise provided under Subsection 9-2.1, "Progress Payments for Lump Sum Items of Work," hereinabove for L.S. items, the Contractor will be entitled to no more than one progress payment per month. Thirty days prior and prerequisite to each progress payment, the Contractor shall submit to the Engineer a detailed estimate and invoice of the total quantity and value of work completed since the cut-off date for the previous progress payment. The Engineer will make the final determination as to the actual quantity and value of work completed for which payment will be made. Five percent (5%) of the value will be deducted from each progress payment and retained by the City until later released as specified hereinafter. Before he or she shall be entitled to final payment of the retention withheld from the progress payments, the Contractor shall execute and file with the City a conditional or unconditional waiver and release, upon a form which complies with Section 3262, of the Civil Code, and which is acceptable to the City, releasing the City from all claims or liability relating to undisputed Contract amounts for work performed in relation to said amount. If pursuant to a F1-32 CITY OF LAKE ELSINORE CIP Project No.Z10001 conditional release, such release shall contain or have attached a list of all Contract amounts as to which a dispute exists. The Contractor will be permitted the substitution of securities for any monies withheld by a public agency to ensure performance under the Contract. 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 monies to the Contractor upon satisfactory completion of the Contract. Securities eligible for investment 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 monies withheld and shall receive any dividend interest thereon. Such substitutions shall be conducted in accordance with Section 22300 of the Public Contract Code. The final payment of the five percent (5%) retention withheld from the progress payments shall not be due and payable until the expiration of at least 35 calendar days from the date of recording of the "Notice of Completion" with the County Recorder. In respect to work performed under the Contract, the fourth paragraph of Subsection 9-3.2, "Partial and Final Payment," of the Standard Specifications, shall be deemed revised to include the following: The amount of liquidated damages will be deducted from earned progress payments due the Contractor. 9-3.3 Delivered Materials Subsection 9-3.3, "Delivered Materials," of the Standard Specifications shall be deemed revised to read as follows: Unless included in the Bid Schedule, or unless otherwise called for in these General Provisions, no payment will be made for materials or equipment delivered but not yet incorporated in the work. 9-3.4 Mobilization In respect to work performed under the Contract, Subsection 9-3.4, "Mobilization," of the Standard Specifications shall be deemed revised to read as follows: Mobilization shall consist of preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, as well as the related demobilization costs anticipated at the completion of the project. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in Mobilization. F1-33 CITY OF LAKE ELSINORE CIP Project No.Z10001 No additional compensation will be allowed for additional mobilizations required, including but not limited to, delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations. The amount credited for Mobilization on each monthly progress payment shall be based upon the percentage of the total of the amounts credited for work on all the other contract items for that monthly progress payment, up to a cumulative limit of eighty (80) percent of the contract item price for Mobilization. The remaining twenty (20) percent of the contract item price for Mobilization shall be paid with the final progress payment. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. The contract lump sum price paid for mobilization shall include full compensation for furnishing all labor, materials, tool, equipment, the cost of all bonds and insurance policies, and incidentals, and for doing the work involved in mobilization as specified herein. F1-34 CITY OF LAKE ELSINORE CIP Project No. Z10001 PART 2 TECHNICAL PROVISIONS F2-35 Material Testing: All materials shall first be tested and satisfactorily passed in accordance with the requirements of the plans and these specifications, before incorporating said material in the work. Materials placed otherwise shall be considered defective and will be subject to rejection. The cost of testing materials and workmanship shall be paid by the City. The cost of re-testing of materials and workmanship shall be at the expense of the contractor. The contractor, at his expense, shall deliver materials for testing to the place and at the time designated by the Engineer. All fill, sub-base, base, under pavement, curb, gutter, and sidewalk to be completed in place to 95% relative compaction except where specified otherwise. The earthwork and geotechnical related compaction will be tested for compliance by a Registered Soils Engineer contracted and scheduled by the contractor. The test results will be submitted to the City for approval. The contractor will be paid by the City for tests that pass the minimum compaction requirements. Any testing by the Soils Engineer due to failure to achieve minimum compaction will be paid for by the Contractor. 10-1.4 Special Considerations This project requires relocation of a portion of the existing fences located on the private property (Daves Street and Chaney Street). A notification letter has been sent to the affected property owners by the City. The Contractor will be required to closely coordinate all of its work affecting private property in advance with the property owner. Any damages to this property due to the construction will be repaired and restored to the satisfactory of the owner. Property Owner Coordination — The Contractor shall inspect each property and make his own determination as to the extent of work required to remove existing fences or walls and grading adjacent to screen walls. The Contractor shall prepare a photo log of all existing on-site conditions at each property which shall be used as the basis for determining the adequacy of the Contractor's on-site restoration work. Special Note: By submitting a Bid, the Contractor acknowledges that he has visited each individual property and investigated the level of effort required to construct the required improvements, including but not limited to removal existing fences and walls. Before any on-site work is initiated, the Contractor shall coordinate with each individual property owner to determine access requirements and verify the general scope of on-site restoration work required. Forty-eight (48) hours advance notice shall be given to each property owner prior to initiating work. Interruption of access shall be minimized to the greatest degree possible and shall not exceed 6 hours. The Engineer shall review the completion of all on-site restoration work with each property owner prior to final acceptance. Using the Contractor's photo log of existing on-site improvements, the Engineer shall determine if restoration meets or exceeds the condition prior to construction. The Contractor shall be responsible to obtain the property owner's acceptance of all on-site restoration work. Utility Coordination — Construction will not require removal and relocation of existing utilities. 10-2 TRAFFIC CONTROL 10-2.1 Maintaining Traffic—Attention is directed to Part 6 Temporary Traffic Control Sections 600-Access and Sections 601-Work Area Traffic Control of the Standard Specifications (the "Greenbook"). F2-36 10-2.2 Field Operations—The Engineer retains the authority to initiate field changes in traffic control to ensure public safety and minimize traffic disruptions. The Contractor shall maintain all traffic control devices in proper working condition 24 hours a day, 7 days a week for the duration of the Work, regardless of whether the subject traffic control devices were originally included in the Contract or were added at the discretion of the Engineer. All traffic control devices shall be removed from view and non- operational when not in use. 10-2.3 Construction Signing, Lighting and Barricading -- Construction signing, lighting, concrete barriers, and barricading shall be provided on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6"Temporary Traffic Control"of the California Manual on Uniform Traffic Control Devices (CA-MUTCD)for Streets and Highways, or subsequent editions in force at the time of construction. Part 6 of the California MUTCD is available online at: http://www.dot.ca.qov/hq/traffops/signtech/mutcdsupp/pdf/camutcd2012/Part6.pdf All signs, barricades and other temporary traffic control devices required for the work shall be indicated on and be an integral part of the Traffic Control Plan submitted to and approved by the Engineer. 10-2.4 Traffic Control Plans—The Contractor shall be required to submit Traffic Control Plans for review and approval by the City Engineer. The Traffic Control Plans shall be submitted to the Engineer and approved prior to the Pre-Construction Conference. All traffic control used for this project shall be in accordance with the approved Traffic Control Plans. 10-2.5 Temporary No Parking Signs —Temporary No Parking signs shall be posted at least 24 hours, but no more than 48 hours in advance of work. The signs shall be placed no more than 100 feet apart on each side of the street and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs. Removal of signs and furnishing and placing of barricades, if necessary, posts of signs shall be provided by the Contractor. All signs shall be removed within 24 hours after the effective date. The Contractor shall coordinate with the waste disposal collection and the postal service to ensure delivery of mail. The printed notices shall contain a general description of the work to be done and the date that the work is to be done. The notices should also include a statement that parking will be restricted as called for on the"NO PARKING"signs to be posted along the street. All public notices must be reviewed and approved by the Engineer prior to its distribution. The Contractor shall also post printed "NO PARKING-TOW AWAY" signs at one-hundred-foot (100') maximum spacing along each side of the affected street for forty-eight (48) hours prior to the commencement of the street improvement work. The Contractor shall document the day, date and time the "NO PARKING" signs were posted. Posting of signs on trees and utility poles will not be allowed. The NO PARKING signs shall contain the day, date, hours and vehicle code,that parking will be prohibited on that particular street and a statement that parked vehicles will be towed away at the owner's expense per California Vehicle Codes CVC 22651 L and CVC 22654D. The signs shall be removed immediately upon completion of work that will prohibit parking. The printed notices and the "NO PARKING" signs shall be furnished by the Contractor. Full compensation for compliance with the preceding requirements shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed,therefore. F2-37 10-2.7 Traffic Disruptions — For all road closures, road detours, lane closures, and all-night operations, the Contractor shall obtain written approval from the Engineer a minimum of 2 working days prior to the commencement of the Work. All warning signs shall be manufactured with high intensity faces and legends and shall be placed at least 7 calendar days prior to the commencement of construction. Any of the Contractor's work that may disrupt normal traffic shall be coordinated with the Engineer a minimum of 2 working days prior to the commencement of the Work. 10-2.8 Travel Lanes—In public streets, during working hours, the Contractor shall maintain not less than one lane of traffic open in each direction at all times, except during grind and overlay operation on Heald Avenue and Peck Street. At night and during non-working hours, the Contractor shall leave the work site in a safe condition and allow for the full use of two lanes of traffic or provide the minimum lane requirements for lane closure as approved by the City. Flaggers shall be utilized to ensure the safe flow of traffic at intersections and businesses that may be affected. This work shall be included in the lump sum bid item price for "Traffic control," in the Bid Schedule(s), and no additional compensation will be allowed, therefore. 10-2.9 Detours—The Contractor shall provide, install, and remove any detours for the routing of vehicular and pedestrian traffic as shown on the approved Traffic Control Plans, as specified in the Special Provisions, or as directed by the Engineer. Payment for such work shall be included in the lump sum bid item price for "Traffic Control," in the Bid Schedule, and no additional compensation will be allowed, therefore. The contractor shall not be allowed to close Main Street completely. The contractor shall keep one lane of through traffic each direction open at all times for Main Street. 10-2.10 Traffic Access and Control — The Contractor shall provide and maintain all necessary traffic control to protect and guide traffic around all work in the construction zone. All traffic controls shall be clearly posted with signs prior to the commencement of the Work. All traffic restrictions listed herein shall supplement any other traffic control requirements of the City and are not intended to replace any part of these requirements. Local access shall be maintained to all properties fronting the Work at all times. 10-2.11 Parking and Access—Access shall be maintained to all driveways within the construction zone, unless other prior arrangements have been made with the Engineer and the affected property owner. 10-2.12 Pedestrians — The Contractor shall erect signs and barricades to direct pedestrians through or around the construction zone. Payment for installation of pedestrian signs and barricades shall be included in the lump sum bid item price for "Traffic Control," in the Bid Schedule(s), and no additional compensation will be allowed, therefore. 10-2.13 Public Safety During Non-Working Hours — Notwithstanding the Contractor's primary responsibility for safety at the site of the Work when the Contractor is not present, the Engineer, at his option, after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the site of the Work. If such procedures are implemented, the Contractor shall be responsible for all expenses incurred by the City. 10-2.14 Measurement and Payment — Measurement for payment for traffic control will be based upon the completion of all planning, design, engineering, furnishing, and construction, and maintenance and removal, of all traffic control as a lump sum item, complete, as required under the provisions of any permits, and in accordance with the Standard Specifications and these Special Provisions. Payment for traffic control shall be made at the lump sum bid item price for "Traffic Control", and no additional compensation shall be allowed, therefore. F2-38 10-3 MOBILIZATION and DEMOBILIZATION 10-3.1 Description - The contract item Mobilization and Demobilization shall consist of expenditures for all preparatory work and operations, including but not limited to, those costs necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all offices, buildings, construction yards and other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site as well as the related demobilization costs anticipated at the completion of the project, including Pre-Construction Video and Log. 10-3.2 Payment-The amount credited for Mobilization on each monthly progress payment shall be equal to the total of the amounts credited for work on all the other contract items for that monthly progress payment, up to a cumulative limit of eighty percent (80%) of the lump sum price bid for Mobilization. The remaining twenty percent(20%)of the lump sum price bid for Mobilization and Demobilization will be paid with the final payment. Payment of the lump sum contract price for Mobilization and Demobilization shall constitute full compensation for all labor, materials, equipment, and all other items necessary and incidental to completion of this item of work. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization and Demobilization. 10-4 REMOVAL, ADJUSTMENT, AND RELOCATION OF EXISTING FACILITIES 10-4.1 Clearing and Grubbing —All clearing and grubbing shall conform to Sections 300-1.1, 300-1.2, 300-1.3, and 300-1.4 of the Standard Specifications, except as otherwise specified herein. Clearing and grubbing and miscellaneous removals shall consist of removing all existing objectionable natural materials and existing improvements in the area of the proposed Work to the satisfaction of the Engineer. Said objectionable materials shall be hauled away and properly disposed of. Clearing, grubbing and miscellaneous removals shall specifically include removal of existing landscaping (including all trees, shrubs and turf), removal and relocation of existing irrigation systems, removal of any miscellaneous improvements within the existing right-of-way, as well as all other miscellaneous improvements as shown and indicated on the plans, but not separately paid for in the Bid Schedule(s) or not individually specified in these Special Provisions. Payment for Clearing and Grubbing shall be in lump sum and no additional compensation shall be allowed, therefore. It shall constitute full compensation for all equipment, materials, and labor necessary for complete clearing and stripping of the entire site, removal of miscellaneous items not separately paid for, and no additional compensation will be allowed, therefore. Special Note: Payment for clearing, grubbing and miscellaneous removals, relocations or adjustments not specifically identified on the Plans, not specifically designated in these Special Provisions or separately paid for in the Bid Schedule(s), shall be considered as included in the bid items of Clearing and Grubbing, and no additional compensation shall be allowed, therefore. The Contractor shall be required to adequately and completely remove any and all existing improvements within the limits of the Work, as necessary to construct the required improvements. 10-4.2 Existing Facilities— It shall be the Contractor's responsibility to protect all existing improvements not designated for removal. Should the Contractor anticipate removal of any sidewalk, handicap ramps, curbs, gutters, driveway approaches, trees, hedges, oleanders, fences, walls, signs, water valves, irrigation system components and associated electrical service, etc., that is not identified on the Plans for removal, repair and replacement shall be at least equal to the existing improvements prior to such damage, all in accordance with requirements of the Contract Documents. F2-39 The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction work under this contract, and the Contractor, at its expense, shall make any repairs that result from its operations to the approval of the Engineer and the subject property owner. Damaged or removed traffic striping shall be replaced by the Contractor with permanent striping within 24 hours of damage or removal or replaced with temporary striping at the discretion of the Engineer. 10-4.2(a) Remove and Dispose of Existing Wood Fence, Chain Link Fence, low Block Wall and Pilaster— Existing wood fence, chain Link fence, low block wall and pilaster were indicated on the plans to be removed shall be completely removed and disposed to the satisfaction of the Engineer. Payment for fence, wall and pilaster removal shall be made at the lump sum price bid for "Remove and Dispose Existing Fence, wall and pilaster," and shall constitute full compensation for all equipment, materials, and labor necessary for the removal and disposal of the fence and accessories, including foundations and posts, where indicated on the plans, and no additional compensation will be allowed, therefore. Special Note: Contractor shall notify the adjacent property owners prior to starting any construction activities. The contractor shall obtain the permission from the property owners of APN 373-023-010 and APN 373-023-016 for the removal of existing fences and walls, provide a temporary barrier if requested by the adjacent owners. The contractor shall notify the City if permission is denied. 10-4.2(b) Remove or Relocate Existing Sign — Existing roadside signs where indicated on the plans shall be completely removed or relocated to the satisfaction of the Engineer. Do not remove roadside signs until the replacement signs are installed or until the existing signs are no longer required for public traffic. Payment for roadside sign removal or relocation shall be made at the unit price bid each for "Remove and Dispose Existing Signs or Relocate Existing Signs" and shall constitute full compensation for all equipment, materials, and labor necessary for the removal and disposal, or relocate of sign, including foundations and posts, where indicated on the plans, and no additional compensation will be allowed, therefore. 10-4.2(c) Remove and Dispose of Existing Concrete Pavement—Concrete sidewalk, including access (handicap) ramps, concrete curb returns, spandrels and cross gutters, driveway approaches, and other concrete surfacing shall be removed at locations as indicated on the plans, to neatly sawed edges with saw-cuts made to a minimum depth of one-half the thickness of the concrete. Concrete surfaces to be removed shall be neatly sawed such that construction joints to new concrete improvements are clean and straight. Payment for concrete pavement removals and disposals, shall be made at the unit price bid per square foot for "Remove and Dispose of Existing Concrete" and shall constitute full compensation for all equipment, materials, and labor necessary for the removal and disposal of the concrete pavement, where indicated on the plans, and no additional compensation will be allowed, therefore. 10-4.2(d) Remove and Dispose of Existing Tree and Grind Stump— Existing tree where indicated on the plans shall be completely removed and grind the stump. Tree root larger than 1 inch in diameter shall be completely removed. The depth of the removal shall be at least to the pavement structural section subgrade surface, plus necessary scarification depth for achieving the necessary 90% or 95% relative compaction as specified by the project specification and plan. The tree holes after tree removal shall be backfilled with soils from the surrounding area the same day the trees are removed and compacted to a minimum of 90% relative compaction. F2-40 Payment for tree removal shall be made at the unit price bid for each for "Remove and Dispose of Existing Tree and Grind Stump,"and shall constitute full compensation for all equipment, materials, and labor necessary for the removal and disposal of a tree and grind stump where indicated on the plans, and no additional compensation will be allowed therefore. 10-4.2(f) Remove and Dispose of Existing Curb or Curb and Gutter—Existing curb or curb and gutter where indicated on the plans shall be completely removed and dispose. The depth of the removal shall be at least to the section subgrade surface, plus necessary scarification depth for achieving the necessary 90% or 95% relative compaction as specified by the project specification and standard plan. Payment for curb or curb and gutter or v-gutter removal shall be made at the unit price bid for linear foot for"Remove and Dispose of Existing Curb or Curb and Gutter" and shall constitute full compensation for all equipment, materials, and labor necessary for the removal and disposal of curb or curb and gutter or v-gutter where indicated on the plans, and no additional compensation will be allowed therefore. 10-4.2(g)Adjust Existing Meter,Valve, Manhole Cover to Grade—Existing manholes within the street overlay areas shall be adjusted to grade. Adjustment of manholes shall conform to Section 301-1 of the Standard Specifications. Existing water valves and/or water meters where indicated on the plans or within the street overlay areas shall be adjusted to grade. Adjustment of valves and meter boxes shall conform to the EVMWD standards. Payment for adjusting existing meter, valve and manhole cover to grade shall be made at the lump sum price bid for "Adjust Existing Meter, Valve, Manhole Cover to Grade" and shall constitute full compensation for all equipment, materials, and labor necessary for the adjustment of a manhole or frame to grade, where indicated on the plans, and no additional compensation will be allowed, therefore. 10-4.3 Rights of Way — The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any telephone, television, telegraph, or electric transmission line or cable; any fence; or any other structure, nor shall the Contractor enter upon the rights-of-way involved until notified by the Engineer 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 its intention to begin work and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such improvements and for replacing same. Maintaining in Service: All oil and gasoline pipelines, power, and telephone television, or other communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables encountered along the line of the Work shall remain continuously in service during all the operations under the Contract, unless other arrangements satisfactory to the Engineer are made with the owner of said pipelines, duct, main, irrigation line, sewer, storm drain, pole, or wire or cable. The Contractor shall be responsible for and shall repair all damage due to its operations, and the provisions of this Section shall not be abated even in the event such damage occurs after backfilling or is not discovered until after completion of the backfilling. 10-4.4 Disposal Site—The Contractor shall specify the route and the disposal site of the material that is required to be removed and hauled away. The Contractor shall provide this information at the Pre- Construction Conference. 10-4.5 Grind Existing Asphalt Concrete 1.5" Min. — Existing pavement shall be grinded where shown on the plans. Grinding of asphalt concrete shall conform to Section 302-1 of the Standard Specifications. F2-41 Payment for grinding shall be made as included in the unit price bid per square foot for"Grind Existing A.C. Pavement 1.5 inch" and shall constitute full compensation for all equipment, materials, and labor necessary for cold milling asphalt concrete,where indicated on the plans, and no additional compensation will be allowed, therefore. 10-5 EARTHWORK 10-5.1 Unclassified Excavation — Unclassified excavation shall consist of all excavation unless separately designated. The text of Subsection 300-2.7 of the Standard Specifications is hereby deleted and replaced with the following: "Selected materials encountered in the excavations within the limits of the Work that conform to the Standard Specifications for base material, trench bedding, backfill, topsoil, or other specified materials shall be used as shown on the Plans, in the Special Provisions, or as directed by the Engineer. Topsoil excavated may be considered only for the purpose of backfilling areas to be planted." Unclassified excavation as may be required on the project site shall be performed in accordance with Section 300-2 of the Standard Specifications. There will be no measurement for unclassified excavation as may be required for this project. Payment for unclassified excavation shall be considered as included in the various bid items of work, and no additional compensation shall be made, therefore. 10-5.1(a) General Excavation Requirements - In excavating surfaces against which concrete is to be placed, care shall be exercised in removing the final lift. The subgrade shall be compacted to ninety percent (90%) relative compaction prior to the placement of concrete. Material which will not provide a suitable foundation shall be removed and replaced with compacted select material as directed by the Engineer. Any over excavation shall be filled with select material compacted to ninety percent(90%) relative compaction and meeting the material requirements for backfill. The Contractor shall remove slides and materials eroding into the work, and the slopes and grades refinished to original grades as specified. The Contractor shall dispose of all surplus excavated material outside of the limits of the construction easements and permanent rights of way. 10-5.1(c) Saw Cut -All edges of A.C. and P.C.C. removal shall be sawcut unless otherwise specified. 10-5.1(d) Remove Existing Asphalt Concrete Pavement and Base -Asphalt Concrete Excavation covers the header cut, removal of asphalt concrete pavement and aggregate base to the depths and dimensions as specified and as shown on the drawings and the disposal of all surplus material. Included in this contract item is the re-compaction of the existing Aggregate Base to 95% relative compaction after removal and disposal of existing asphalt concrete. 10-5.1(e) Measurement and Payment—Measurement for payment for the contract item Saw Cut will be per linear feet, Remove Existing Asphalt Concrete Pavement and Base will be per square feet as shown on the drawings. The contract prices paid for Saw Cut, Remove Existing Asphalt Concrete Pavement and Base shall include full compensation for all costs incurred under this section. F2-42 10-5.2 Unclassified Fill — Unclassified fill shall conform to Section 300-4, "Unclassified Fill" of the Standard Specifications. However, the top 12 inches of subgrade and topsoil shall have a minimum relative compaction of 95 percent. There will be no measurement for unclassified fill or local borrow as may be required for this project. Payment for unclassified excavation shall be considered as included in the various bid items of work, and no additional compensation shall be made, therefore. 10-6 SUBGRADE PREPARATION and AGGREGATE BASE 10-6.1 Subgrade Preparation — Preparation of subgrade shall conform to Section 301-1.2 of the Standard Specifications. The top 4 inches of subgrade material shall be compacted to a relative compaction of 95 percent. 10-6.2 Grade Tolerance—Immediately prior to placing subsequent layers of material thereon,the grading plane, at any point, shall not vary more than 0.05 feet above or below the grade established on the Plans. 10-6.3 Watering — Water for use in subgrade preparation shall be potable. Water shall be applied to compact soil, subgrade, base, and surfacing material through the use of a watering truck which shall spray water uniformly. No chemical additives shall be used during the water application process. 10-6.4 Aggregate Base— Untreated base shall conform to Section 301-2 of the Standard Specifications and shall consist entirely of crushed aggregate base. The Aggregate Base shall be clean and free from roots, vegetable matter and other deleterious substances, and be of such character that when wet it will compact to form a firm stable base. Material shall be in accordance with Section 200-2, and placing shall be in accordance with Section 301-2.3 of the Standard Specifications. 10-6.5 Measurement and Payment—Payment for preparation of subgrade shall be made at the unit price bid per cubic yard for "Aggregate Base" and shall constitute full compensation for all equipment, materials, and labor necessary for preparation of subgrade, and no additional compensation will be allowed, therefore. 10-7 HOT MIX ASPHALT CONSTRUCTION WORK 10-7.1 Material — Hot mix asphalt material shall conform to Section 39 "Hot Mix Asphalt," of the Caltrans Standard Specifications dated May 2015. The amount of asphalt binder to be mixed with the aggregate shall be proposed by the Contractor for approval by the Engineer. The Contractor shall submit its mix designs for the asphalt concrete pavement specified herein, for review and approval by the Engineer, at the Pre-Construction Conference. The Contractor shall be responsible for providing the Engineer with all required technical and material specifications necessary to review the Contractor's proposed mix designs. Modification of the amount of asphalt binder shall be made to the Contractor's mix designs as may be required by the Engineer. Commencement of construction of asphalt concrete pavement shall not occur until the Contractor has received the Engineer's approval of proposed mix designs. All asphalt concrete pavement used on this project shall consist of Type A. Asphalt binder used in the asphalt concrete pavement shall comply with specifications for Performance Graded (PG) 64-10 asphalt binder, in accordance with Section 92 "Asphalts," of the Caltrans Standard Specifications. 10-7.2 Material Sampling and Mix Design — Laboratory tests may be performed at the expense of the City, when required by the Engineer, to determine if aggregates at the plant fall within specifications. Sampling of asphalt concrete pavement delivered to the site and placed on a prepared base course shall be performed by the Engineer to ensure the type of asphalt concrete pavement laid conforms to these Special Provisions, and to the proposed mix designs approved by the Engineer. F2-43 10-7.3 Construction — Construction of hot mix asphalt concrete shall conform to Section 302-5 "Asphalt Concrete Pavement" of the Standard Specifications, except as modified herein. Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Subsection 302-5.6.2, "Density and Smoothness," of the Standard Specifications, the paving operation shall be discontinued, and the Contractor shall modify his equipment or furnish substitute equipment. A drop-off of more than 0.15 ft will not be allowed at any time between adjacent lanes open to public traffic. Add to Subsection 302-5.6.1, "General (Rolling)," of the Standard Specifications, the following: The Contractor shall furnish a sufficient number of rollers to obtain the specified compaction and surface finish required by the Standard Specifications and these Special Provisions. Pneumatic rollers shall be required on the lower layer only. Initial breakdown compaction shall consist of a minimum of three (3) coverages of a layer of asphalt mixture. A pass shall be a movement of rolling in both directions over the same path. Coverage shall consist of as many passes as are necessary to cover the entire width being paved. Overlap between passes during coverage, made to ensure compaction without displacement of material in accordance with good rolling practice, shall be considered to be part of the coverage being made and not part of a subsequent coverage. Each coverage shall be completed before subsequent coverages are started. Add to the first paragraph of Subsection 302-5.6.2, "Density and Smoothness," of the Standard Specifications, the following: The completed surfacing shall be thoroughly compacted, smooth and free from ruts, humps, depressions or irregularities. Any ridges, indentations or other objectionable marks left on the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves humps, ridges, irregularities, indentations or other objectionable marks in the asphalt concrete shall be discontinued, and acceptable equipment shall be furnished by the Contractor. The transverse slope of the finished surface shall be uniform to a degree such that no depressions greater than 0.01 ft. are present when tested with a straightedge 10 feet long, laid in a direction transverse to the center line. If the test results for any lot of asphalt concrete indicate that the relative compaction is below 95.0 percent (95%), the Contractor will be advised that he is not attaining the required relative compaction and that his materials, procedures, or both, need adjustment. Asphalt concrete spreading operations shall not continue until the Contractor has notified the Engineer of the adjustment that will be made in order to meet the required compaction. Add to Subsection 302-5.7, "Joints," of the Standard Specifications, the following: F2-44 Before placing the top layer adjacent to cold transverse construction joints, the joints shall be trimmed to a vertical face and to a neat line. Longitudinal joints shall be trimmed to a vertical face and to a neat line if the edges of the previously laid surfacing are, in the opinion of the Engineer, in such a condition that the quality of the completed joint will be affected. Longitudinal and transverse joints shall be tested with a 10-foot straightedge and shall be cut back as required to conform to the provisions in Subsection 302-5.6.2, "Density and Smoothness," for surface smoothness. Connections to existing surfacing shall be feathered to conform to the provisions for smoothness. Longitudinal joints in the top layer shall correspond with the edges of proposed traffic lanes (striping). Longitudinal joints in all other layers shall be offset not less than 0.5 foot alternately each side of the edges of traffic lanes. All feathered joints shall be sealed after rolling. During asphalt concrete paving operations, it shall be the Contractor's responsibility to place protective covering over, or to otherwise avoid paving over survey markers, monuments, and benchmarks, and to remove said covering and/or asphalt concrete after paving operations have been completed. 10-7.4 Tack Coat—Tack coat shall be a SS-1 h emulsified asphalt and shall be applied to all clean, existing asphalt concrete pavement, and to all Portland cement concrete surfaces adjacent to new asphalt concrete paving prior to installation of asphalt concrete pavement. The cost of the tack coat shall be included in the price for asphalt concrete pavement, and no additional payment will be made, therefore. 10-7.5 Measurement& Payment—Measurement for hot mix asphalt will be by ton. Payment for asphalt concrete shall be made at the unit price bid per ton for"Hot Mix Asphalt Type A,"as shown on the Plans, as specified in the Standard Specifications, and in these Special Provisions and as directed by the Engineer. Payment for hot mix asphalt shall include full compensation for construction of asphalt concrete including all material, labor, plant, equipment, furnishing all transportation, hauling, spreading, compacting, and protecting, complete in place, and preparation of subgrade, tack coat and grading for miscellaneous hot mix asphalt in accordance with the standard specifications and these special provisions. No separate payment will be made for asphalt or aggregate used in the asphalt concrete, and all costs therefore shall be included in the unit price bid for hot mix asphalt. 10-8 PORTLAND CEMENT CONCRETE 10-8.1 Material — Portland cement concrete of the class and type shown on Standard Drawings shall be used to construct new curb, gutter, driveways and other concrete improvements. Where class and type are not specified in the standard drawings or plans, Portland cement concrete of type 520-C-2500 shall be used for construction, in accordance with Section 201 of the Standard Specifications. Portland Cement Concrete (PCC) shall meet the requirements of Subsection 201-1 and Section 303 of the Standard Specifications, and these Special Provisions: Add to Subsection 201-1.1.1, "General", of the Standard Specifications, the following: F2-45 The Contractor shall furnish the Engineer in the field with a copy of the mixed design to be used, and with a legible certified weighmasters certificate for each load of PCC delivered to the project. PCC delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the project site. 10-8.2 Construction Methods — Construction of Portland cement concrete improvements shall comply with Section 303-5 of the Standard Specifications, except as amended herein. Replace the last paragraph, Subsection 303-5.1.1, "General," of the Standard Specifications, with the following: When removals of curb and/or sidewalk are located at curb return, the Contractor shall install access ramps. The Contractor is to construct all access ramps in accordance with American Disability Act(ADA)Standards/California Code of Regulations Title 24—Accessibility Regulations. If the ramps constructed by the Contractor are found to be in non-compliance with ADA Standards, the Contractor will be required to remove and replace the ramps to ADA Standards at the Contractor's expense. All removed curb and gutter, cross gutters, spandrels, driveway approaches, and sidewalks shall be replaced within three (3) calendar days, unless the Contractor provides reasonable documentation to exceed the three (3) day limit five (5) working days before removal and approved in writing by the Engineer. The Asphalt Concrete patch shall be placed within five (5) working days after the curb and gutters are replaced, and seven (7) days after the cross gutter and spandrels are replaced. No PCC shall be ordered and/or placed until the forms and subgrade have been inspected and approved by the Engineer in the field. All pull boxes, water meter boxes, and water valve covers shall be adjusted to the proposed finish grade and approved by the Engineer in the field prior to placement of the PCC. Add to the first paragraph of Subsection 303-5.1.2, "Drainage Outlets through Curb," of the Standard Specifications, the following: Coring shall be required for all drains through existing curbs. Replace the last paragraph of Subsection 303-5.1.3, "Driveway Entrances," of the Standard Specifications, with the following: Add to Subsection 303-5.4.3, "Weakened Plane Joints, (a) General," of the Standard Specifications, the following: All weakened plane joints shall be spaced at a maximum of 10 feet for curbs, gutters, and sidewalks. Scoring lines shall conform to those prevailing in the area and be uniform in spacing. Revise Subsection 303-5.5.2, "Curb," of the Standard Specifications, as follows: Delete the first sentence in Paragraph 1 and add the following: The curb and gutter surface shall not vary more than 0.01 ft. from 10 ft. straightedge except at the grade changes. Prior to the removal of the forms, the surface shall be finished true to grade by means of a straightedge float of not less than 10 ft. in length and operated longitudinally over the surface of the concrete. Form clamps shall be constructed as not to interfere with the operation of the float. The form on the front of the curbs shall not be removed less than one (1) hour, or more than six (6) hours after the concrete has been placed. In no event shall forms be removed while the concrete is sufficiently plastic to slump. The top and face of the finished curb shall be true and straight and top surface of curbs shall be of uniform width, free from humps, sags, blemishes or other irregularities. F2-46 Add to Subsection 303-5.5.3, "Walk," of the Standard Specifications, the following: The sidewalk surface shall not vary more than 0.02' from the 10' straightedge except at grade changes, and the finished surface shall be free from humps, sags, blemishes or other irregularities. All sidewalks shall be a minimum of 4" thick, except at driveways where the sidewalks shall be a minimum of 6" thick for single family residential areas and 8"thick for all other areas. 10-8.3 Sidewalk — Construction of concrete sidewalk shall conform to City of Lake Elsinore Standard Drawing No. 210 for Standard Curb Sidewalk and No. 211 for Non-contiguous Sidewalk. Sidewalk shall be constructed to the dimensions as specified in the City's Standard Drawing and as shown on the Plans, but application details and other specifications not explicitly stated or shown in the City's Standard Drawing shall conform to Section 303-5 of the Standard Specifications. Portland cement concrete material shall be Portland Cement Concrete of type 520-C-2500. Certain segments of existing concrete curb have broken or are out of alignment. Where any segment of existing concrete curb is broken and/or misaligned by more than one inch (1"), the broken or misaligned curb shall be removed and replaced with new concrete curb. Concrete sidewalk shall be constructed adjacent to curb that provides for a smooth flush surface. Payment — Payment for sidewalks shall be made at the unit price bid per square foot for "Construct Standard Curb Sidewalk Per City of Lake Elsinore Standard 210 or Construct Non-contiguous Sidewalk Per City of Lake Elsinore Standard 211," and shall include full compensation for construction of sidewalks, preparation of subgrade, installation of crushed rock, removal and replacement of existing broken or misaligned curb, adjustment of existing water meter boxes and valves to finish grade, all material, labor, plant, equipment, furnishing all transportation, and protection from vandalism, complete in place, in accordance with the Standard Specifications and these Special Provisions. 10-8.5 PCC Curb and Gutter— Construction of PCC curb and gutter shall conform to the details shown on the plans and shall conform to Section 303-5 of the Standard Specifications. Concrete material shall be Portland cement concrete of type 560-C-3250. Payment — Payment for PCC curb and gutter shall be made at the unit price bid per linear foot for "Construct 6" Curb & Gutter Per City of Lake Elsinore Standard 200", or "Construct 6" Curb Per City of Lake Elsinore Standard 202", and shall include full compensation for construction of PCC Curb and Gutter or PCC Curb, including preparation of subgrade, all material, labor, plant, equipment, furnishing all transportation, and protection from vandalism, complete in place, in accordance with the Standard Specifications and these Special Provisions. 10-8.9 PCC Residential Driveway— Construction of a PCC Residential Driveway Approach shall conform to the details shown on the plans and shall conform to Section 303-1 of the Standard Specifications. Concrete material shall be Portland cement concrete of type 560-C-3250. Payment—Payment for PCC Residential Driveway Approach shall be made at the unit price bid per each for"Residential Driveway," and shall include full compensation for construction of Residential Driveway Approach, including preparation of subgrade, all material, labor, plant, equipment, furnishing all transportation, and protection from vandalism, complete in place, in accordance with the Standard Specifications and these Special Provisions. 10-8.11 Vandalism — The Contractor is responsible for protecting all new Portland cement concrete construction from vandalism. All construction of Portland cement concrete shall be conducted under direct supervision of the Contractor's staff and shall be monitored until the work has adequately cured and is not susceptible to damage from vandalism. Any vandalism identified on new concrete construction shall be removed and replaced by the Contractor, as required and directed by the Engineer, at no additional cost to the City. F2-47 10-9 TRAFFIC STRIPING, SIGNAGE & MARKINGS 10-9.1 Removals —This work shall consist of the removal and disposal of existing or temporary traffic stripes, pavement markings, pavement markers, etc., on streets, parking lots in preparation for either the application of temporary delineation for public traffic or the application of permanent delineation as specified in the contract documents, and shall conform to the provisions of Section 15, "Existing Highway Facilities," of the State of California Standard Specifications and these Special Provisions. Where paint, thermoplastic striping or markings exist, traffic stripe and pavement marking removal shall be by wet sandblasting or better. The method of removal of traffic stripes and pavement markings shall result in complete removal to the extent that changing light conditions and/or wet pavement conditions shall not produce an image of the removed device. The Contractor shall extend grinding or sandblasting, beyond the edges of the stripes or markings being removed, sufficiently to eliminate such imaging. Additional work necessary to achieve the foresaid effectiveness of removal shall be considered as compensated by the prices paid (in accordance with the applicable provisions for measurement and payment)for"Traffic Striping, Signage& Markings,"and no additional payment will be made, therefore. Removal of temporary traffic delineation shall conform to the procedural provisions of this section, and Section 15, Existing Highway Facilities," of the State of California Standard Specifications. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue including dust shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by vacuum attachment operating concurrently with the blast cleaning operation. Payment for all removal of all required traffic striping and markings shall be considered as included in the lump sum bid for "Traffic Striping, Signage & Markings," and no additional payment will be made, therefore. 10-9.2 Traffic Striping — All traffic striping shall be thermoplastic. The thermoplastic striping shall conform to the provisions in Section 84-2, of the State of California Standard Specifications and these Special Provisions. The subparagraphs of the first paragraph in Section 84 3.02, "Materials," of the State of California Standard Specifications are amended to read: State Specification No. Rapid Dry Water Base, Traffic Line. —White, Yellow and Black PTWB-01 The second and third paragraphs in Section 84-3.02, "Materials," of the State of California Standard Specifications are amended to read: State Specifications for traffic paint and glass beads may be obtained from the Transportation Laboratory, 5900 Folsom Boulevard, Sacramento, CA 95819-4612, telephone number 916.227.7289. F2-48 The Contractor shall layout and "cat-track" the alignment of the proposed striping at 15 ft intervals and "spot" the proposed pavement markings as called for on the Plans. Striping shall vary no more than 2" in 50 ft from the specified alignment. The Engineer may waive minor variations. The Contractor shall not proceed with applying thermoplastic pavement markings until the Engineer has checked and approved the cat-tracking and spotting and has authorized the Contractor to proceed. Traffic striping shall be applied with airless equipment. All traffic striping shall be performed with a road liner type striping machine. Where the configuration or location of a traffic stripe is such that the use of a road liner type striping machine is unsuitable, traffic paint and glass beads may be applied by other methods and equipment approved by the Engineer. The Engineer shall determine if the road liner type striping machine is unsuitable for a particular use. The first coat of paint shall be applied upon completion of the surfacing. The second coat of paint shall not be applied until seven (7) calendar days after the first coat. Each coat of paint shall be applied at the wet film thickness of 10-12 mils for white and yellow paint and 7 mils for black paint. All paint shall be applied at a relative humidity below seventy-five percent (75%) and an ambient temperature above 13°C (55°F), unless otherwise approved by the Engineer. Except for black paint, No. 1 reflective glass beads shall be uniformly incorporated in all coats of paint concurrently with the application of the paint. The glass beads shall be embedded in the coat of traffic paint being applied to a depth of at least one-half their diameters. The reflective glass beads shall be applied to the first coat of paint at the rate of 0.7 kg (1.5 lb) of beads per liter (0.26 Gal) of paint, and to the second coat of paint at the rate of 0.95 kg (2 lb) of beads per liter (0.26 Gal) of paint. Except as otherwise noted on the Plans or as directed by the Engineer, all angle points, as shown on the striping Plans, shall be painted as a smooth, tangent curve with a radius and length as approved in the field. Temporary tape or reflective markers utilized for the purposes of interim delineation for centerline, lane lines, and crosswalk lines shall be placed to the side of the final striping pattern in such a way so that it will not interfere with the first coat of paint. All temporary tape and reflective markers applied for the purpose of interim delineation shall be removed by the Contractor at no additional cost to the City upon completion of the first coat of striping and prior to the final striping. Stencils used for pavement markings must conform to the latest Caltrans approved Metric Stenciling Standards. Add to Subsection 84-1.04, "Protection from Damage," of the State of California Standard Specifications the following: Newly painted striping or markings which are damaged as a result of the construction, including wheel markings by public traffic and the construction equipment, shall be replaced, and any associated removals shall be performed as outlined in these Special Provisions at the sole expense of the Contractor and no separate compensation will be allowed, therefore. Existing traffic striping and pavement markings that do not conform to the approved Plans shall be removed by wet sandblasting. Other methods may be requested by the Contractor but shall be submitted in writing to the Engineer for approval. Blackout of existing traffic striping or pavement markings, which do not conform to the approved Plan, shall not be allowed. F2-49 10-9.3 Pavement Markers — Pavement markers shall conform to the provisions in Section 85, "Pavement Markers," of the State of California Standard Specifications and these Special Provisions. Certificates of compliance shall be furnished for pavement markers as specified in "Prequalified and Tested Signing and Delineation Materials," elsewhere in these Special Provisions. Reflective pavement markers shall comply with the specific intensity requirements for reflectance after abrading the lens surface in accordance with the "Steel Wool Abrasion Procedure," specified for pavement markers placed in pavement recesses in Section 85 1.05, "Reflective Pavement Markers," of the State of California Standard Specifications. The bituminous adhesive used to install the markers shall be a hot melt bituminous adhesive asphaltic material with a homogeneously mixed mineral filler and shall conform with the requirements specified in Subsection 85-1.055, "Adhesives," of the State of California Standard Specifications. Reflective pavement markers shall be installed per the approved Plan unless otherwise approved by the Engineer. The composition of the material shall be such that its properties shall not deteriorate when heated to and applied at temperatures up to 218°C (4250F), using either air or oil jacketed melters. Reflective pavement markers shall be placed at locations as established by the applicable Caltrans striping detail noted on the approved striping Plan which includes but is not limited to temporary painted line(s), new striping, or existing striping. There shall be one marker for each location. The Contractor shall perform all work necessary to establish satisfactory locations for markers. The Contractor shall remove existing reflective pavement markers that do not conform to the approved Plan. Reflective pavement markers shall be of the prismatic reflector type (3M model white RP290w and yellow RPM 2912y or equal) as outlined in Subsection 85-1.05, "Reflective Pavement Markers," of the State of California Standard Specifications. Existing pavement markers (blue) designating the location of the fire hydrants shall be replaced "in kind" after the paving is completed. The Contractor shall contact the Engineer 72 hours before any legends are painted on city streets to ensure that the patterns the Contractor is using match the patterns used by the City of Rialto. No other pattern will be allowed except patterns that match patterns used by the City of Rialto. SPECIAL NOTE: The Contractor is advised that at some local intersections, the "STOP" legend and/or "STOP" bar may be missing. The Contractor shall install new "STOP" legends and/or "STOP" bars at local intersections, whether or not the"STOP" legend and/or"STOP" bar previously existed. Payment for installing new"STOP" legends and "STOP" bars shall be considered as included in the lump sum bid item price for removal and replacement of all existing traffic striping, and no additional compensation will be made, therefore. 10-9.4 Traffic Signs — This work shall include the furnishing and installation of new signs and posts, relocating, and resetting existing signs as indicated on the Plans with new post(s), and salvaging signs to the City Yard. All work and materials shall conform to the provisions set forth in Section 56 of the latest issue as currently available of the State of California, Department of Transportation Standard Specifications entitled "Signs," except as noted otherwise in the following Technical Provisions. F2-50 All sign panels shall be 2 mm (0.080 in) gauge 6061-T76 or 5052-H38 aluminum alloy certified as meeting all California Specifications and treated with an alodine 1200 conversion coating. The reflectivity of all stop and warning signs shall be DG3 grade and all other signs shall be engineering grade unless specified by the Resident Engineer. Any chipping or bending of sign panels shall be considered as sufficient cause to require replacement of panels at the Contractor's expense. The signpost assembly shall consist of a 50 mm (2 in) square perforated steel tube. The anchor assembly will consist of a 56 mm (2 '/4 in) square perforated steel tube which measures 750 mm (2' 6") or 915 mm (3 ft) long. The steel tubes shall be 12 gages and fully galvanized inside and outside. All sign installations shall have a minimum vertical clearance of 2.1 m (7 ft)from the bottom of the sign to grade and a minimum horizontal clearance of 0.6 m (2 ft) from face of curb to edge of signpost. There must be a minimum 1.2 m (4 ft) clearance from the signpost to the back edge of the sidewalk for wheelchair access or as specified by resident engineer. When there is no sidewalk, curb or gutter, the horizontal clearance shall be 1.8 to 2.4 m (6 - 8 ft) from edge of pavement. The Contractor shall replace the existing signpost if the minimum vertical clearance of the signs cannot be achieved. All signs not mounted on streetlights or traffic signal standards shall be attached to a 50 mm (2 in) square perforated fully galvanized (inside and outside) 12-gauge steel tube post. The post shall be anchored in the ground by a two piece, perforated, fully galvanized anchor and sleeve assembly in all cases. The anchor shall be 900 mm (36 in) in length if installed in soil and may be 750 m (30 in) in length if installed through asphalt concrete or through Portland cement concrete. The anchor and sleeve assembly shall be power driven into the ground simultaneously until 100 mm (4 in) of the anchor and sleeve assembly is above the grade. The square signpost shall then be installed into the anchor and sleeve assembly to a minimum of 150 mm (6 in) and secured in place with a minimum of two 3/8 inches drive rivets installed in the on-coming traffic side and curb side to pull the post into one corner of the anchor. All signs shall be installed with washers larger than the head of the drive rivet or bolt (Fender washers preferred). Installation according to these requirements is essential to maintain the break-away characteristics of the post system. Under no circumstances shall the anchor assembly be secured in concrete footings. Any sign measuring 1 m (36 in)or larger, except stop signs and street name signs must have approved strapping or back braces installed. Any deviation shall be approved by the Engineer. All signs shall be installed before the roadway is open to traffic. However, those signs that are not applicable at the time of opening shall be covered until such time when they become valid. Existing traffic signs and posts that do not conform to the approved Plans shall be removed by the Contractor. All signs and posts removed shall be delivered to the City Yard. Any holes left in the existing sidewalk as a result of post removal shall be filled by the Contractor with a concrete mix or equal to a point flush with the existing sidewalk. All signs and posts shall be new unless specified to be reused. Any damaged existing signs or signposts that are denoted as being relocated on the Plans shall be replaced with new materials, as directed by the Engineer. F2-51 10-9.5 Payment-The lump sum price paid for"Install Sign, Thermoplastic Striping, Pavement Marking and Raised Marker,"shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved installing traffic striping, markings, raised pavement markers and signs, complete in place, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore. The lump sum price paid for "Install Sign, Thermoplastic Striping, Pavement Marking and Raised Marker," shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in relocating or resetting existing signs, salvaging signs to the City Yard, and installing new traffic signs complete in place in accordance with the Plans and Specifications, and as directed by the Engineer, and no additional compensation will be allowed. The contractor is required to submit a schedule of values for this lump sum bid item. Submit the schedule of values within 15 days of contract approval. 10-14 DUST ABATEMENT 10-14.1 Description -This section covers the implementation of dust control measures necessary to prevent harm and nuisance from dust. Supplementing Section 8.06 of the General Provisions, the Contractor shall comply with all the provisions of the South Coast Air Quality Management District (SCAQMD) Rule 403 and Rule 403.1 as described in Appendix "A". 10-14.2 Dust Abatement - The contract item Dust Abatement includes the action necessary to prevent, reduce or control dust within the work area as required completing the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall implement appropriate fugitive dust control measures including watering, stabilized construction access to reduce tracking of mud or dirt onto public roads, covering trucks hauling loose dirt offsite and street sweeping of track-out. The Contractor can contact SCAQMD for their Rule 403 and Rule 403.1 implementation handbooks which contain a detailed listing of reasonably available dust control measures. The Contractor shall prepare and implement a dust control plan in accordance with the requirements set forth in the latest version of the SCAQMD Rule 403 and Rule 403.1. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to starting any work included in this contract. If the Contractor's operations meet the Rule 403 definition of "Large Operations", the dust control plan shall be submitted to SCAQMD for review and approval prior to start of operations. Construction equipment idling shall not exceed 10 minutes to ensure that the SCAQMD daily thresholds are not exceeded. 10-14.3 Payment - The contract lump sum price paid for Dust Abatement shall include full compensation for all direct and indirect costs incurred under this section. This payment will be made on a basis of the percentage of work completed on the entire project. - END OF SECTION — F2-52