Barstow City Council
March 18, 2024

REGULAR MEETING

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
MARCH 18, 2024
6:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

REGULAR MEETING
Agenda-March 18, 2024

MAYOR
Paul Anthony Courtney

COUNCILMEMBERS
James M. Noble
Carmen M. Hernandez
Barbara Mae Rose
Marilyn Dyer Kruse

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

PLANNING COMMISSIONERS
Andrew Ziemer
Beatrice Lint
Rodney Brand Jr.

Juanantonio Delucas

BARSTOW FIRE PROTECTION

DISTRICT
A Subsidiary District of the City of
Barstow
Paul Anthony Courtney
James M. Noble
Carmen M. Hernandez
Barbara Mae Rose
Marilyn Dyer Kruse
CLOSED SESSION 6:00 PM
CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 Council Member Barbara Rose
 Council Member Marilyn Kruse
 Mayor Pro Tem James Noble
 Mayor Paul Courtney
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY

ITEM ON THE AGENDA, PLEASE SO INDICATE BY FILLING OUT A

SPEAKER REQUEST CARD AND HANDING IT TO THE CITY
CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF
SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS
NOTICE MUST BE GIVEN TO THE CITY CLERK.

CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE
WILL REMEMBER THE "CODE OF ETHICS" THAT WE
VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS

MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH
PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS MADE

TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW
COMMUNITY AND NOT FOR PERSONAL GAIN.

Agenda-March 18, 2024

PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC

TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CLOSED SESSION AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

PUBLIC COMMENT - CLOSED SESSION:

CLOSED SESSION AGENDA ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Recommended Action:

Pursuant to Government Code Section 54956.9(d)(2) & (e)(1) A point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.

Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiff or plaintiffs. (Gov. Code § 54956.9(e)(1)) Number of Potential Cases: [3]

2. PUBLIC EMPLOYMENT
Recommended Action:
(Government Code Section 54957)
Title: City Attorney
REPORT OF CLOSED SESSION:

CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):

INVOCATION:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 Council Member Barbara Rose
 Council Member Marilyn Kruse
 Mayor Pro Tem James Noble
 Mayor Paul Courtney
REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR REMOVING ITEMS FROM THE AGENDA; OR REMOVING ITEMS FROM THE CONSENT CALENDAR FOR DISCUSSION AND/OR SEPARATE ACTION. ITEMS MAY ONLY BE ADDED TO

THE AGENDA AS ALLOWED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTION 54954.2, SUBDIVISION (B), ALLOWING EMERGENCY ITEMS TO BE ADDED BY MAJORITY VOTE AND ALLOWING ITEMS THAT AROSE TO THE CITY’S ATTENTION AFTER THE AGENDA POSTING DEADLINE, BUT WHICH REQUIRE IMMEDIATE ACTION, TO BE ADDED BY A TWOTHIRDS VOTE OF THE COUNCIL MEMBERS PRESENT AT THE MEETING, OR, IF LESS THAN

TWO-THIRDS OF THE COUNCIL MEMBERS ARE PRESENT, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT.

Agenda-March 18, 2024

PRESENTATIONS:

3. PRESENTATION OF CERTIFICATES FOR ROK - REACHING OUR KIDS Recommended Action:

Presentation only.

4. CHEMEHUEVI INDIAN TRIBE PROJECT UPDATE
Recommended Action:

Presentation only.

CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.

SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS ON ALL CONSENT ITEMS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

MINUTES ALL AGENCIES:

None
ACCOUNTS PAYABLE ALL AGENCIES:

None
CITY COUNCIL:

5. FINAL ACCEPTANCE OF PACIFIC PLAY SYSTEMS INC. REPLACEMENT OF

PLAYGROUND EQUIPMENT AT DANA PARK
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Approve Final Acceptance of Pacific Play System, Inc. to Replacement of Playground Equipment at Dana Park. Project Number 18-36-019.

2. Authorize staff to file the attached Notice of Completion.

DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM THE

CONSENT CALENDAR BY THE COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).

PUBLIC HEARINGS:

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

6. NORTH BARSTOW ADA INFRASTRUCTURE IMPROVEMENTS
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Approve the allocation of Un-Programmed CBDG funds to the North Barstow ADA Infrastructure Improvement Project for the amount of $261,675 to fully fund and complete the project.

7. AWARD OF CONTRACT FOR NORTH BARSTOW ADA INFRASTRUCTURE

IMPROVEMENTS
Recommended Action:

Agenda-March 18, 2024

Staff Recommends that the City Council take the following actions:

1. Award project number 2023-02 / BARS-22-1-03K/0260 North Barstow ADA Infrastructure Project to TSR Construction and Inspection.

2. Approve an overall project budget of $356,113.

3. And authorize the City Manager or designated representative to sign the contract.

8. ADOPTION OF RESOLUTION NO. XX-2024 OPPOSING CALIFORNIA AIR RESOURCES BOARD’S IN-USE LOCOMOTIVE REGULATION
Recommended Action:

Staff recommends the City Council adopt a Resolution opposing this regulation, opposing the regulation’s approval under the Clean Air Act, and directing the City Manager to submit a formal comment letter in opposition..

GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

PUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS NOT ON THE AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

STAFF REPORTS:

9. CITY MANAGER'S FEBRUARY 2024 UPDATE
Recommended Action:

Receive and file.

PUBLIC SAFETY UPDATES:

COUNCIL COMMITTEE REPORTS:

BUSINESS OF THE COUNCIL:

ADJOURNMENT:

Individuals electing to later challenge any items listed herein will be limited to addressing only those issues raised at any public hearing or in written correspondence received by the Governing Board prior to the meeting.

Materials related to an item on this Agenda submitted to the Governing Board after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 220 East Mountain View Ste. A, Barstow, CA 92311 during normal business hours.

The City of Barstow, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office (760) 255-5122, at least one business day prior to the scheduled meeting to ensure that we may assist you.

I hereby certify, UNDER PENALTY OF PERJURY that this agenda has been posted 72 hours prior to the stated meeting in a place accessible to the public.

Agenda-March 18, 2024

Approved:

Posted on the 15 day of March, 2024.

Andrew Espinoza Jr./Acting City Manager
sted on the day of , 2024.

Regular Meeting
03/18/24 06:00:PM
Maribel Hernandez
Doc ID: 5599

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None
RECOMMENDED ACTION:

Pursuant to Government Code Section 54956.9(d)(2) & (e)(1) A point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City.

Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiff or plaintiffs. (Gov. Code § 54956.9(e)(1)) Number of Potential Cases: [3]
1 Packet Pg. 6
Regular Meeting
03/18/24 06:00:PM
Maribel Hernandez
Doc ID: 5598

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

PUBLIC EMPLOYMENT
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:
(Government Code Section 54957)
Title: City Attorney
2 Packet Pg. 7
Regular Meeting
03/18/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Presentation
Doc ID: 5602

AGENDA ITEM
AGENDA MATTER:

PRESENTATION OF CERTIFICATES FOR ROK REACHING OUR KIDS
EXECUTIVE SUMMARY:

Pastor Carpenter will be speaking on the accomplishments of their students.

DISCUSSION:

Presentation only.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
3 Packet Pg. 8
Regular Meeting
03/18/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Presentation
Doc ID: 5603

AGENDA ITEM
AGENDA MATTER:

CHEMEHUEVI INDIAN TRIBE PROJECT UPDATE
EXECUTIVE SUMMARY:

Glenn H. Lodge, Chairman of the Chemehuevi Indian Tribe will be providing an update on their project in Barstow.

DISCUSSION:

Presentation only.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
4 Packet Pg. 9
Regular Meeting
03/18/24 06:00 PM
Engineering
Fidel Martinez
Contract
Doc ID: 5592

AGENDA ITEM
AGENDA MATTER:

FINAL ACCEPTANCE OF PACIFIC PLAY SYSTEMS INC. REPLACEMENT OF PLAYGROUND

EQUIPMENT AT DANA PARK
EXECUTIVE SUMMARY:

City Council authorize Final Acceptance of Pacific Play Systems Inc. Replacement of Playground Equipment at Dana Park by filing the attached Notice of Completion.

DISCUSSION:

On November 2, 2020, the City Council approved an application to the California Department of Parks and Recreation's Office of Grants and Local Services (OGAL) to secure an allocation of $177,952. The city had to submit a project application for approval as part of the grant. Due to its central location and proximity to Interstate 15, Dana Park is one of the most popular parks in the city for both the community and travelers.

After confirming that all work was completed according to the approved plans and specifications, the staff is now seeking City Council approval for the project's Final Acceptance and authorization to submit the required Notice of Completion to the San Bernardino County Recorder.

FISCAL IMPACT:

This project is fully funded by the California Department of Parks and Recreation's Office of Grants and Local Services (OGAL).

RECOMMENDED ACTION:

Staff recommends that the City Council take the following actions:

1. Approve Final Acceptance of Pacific Play System, Inc. to Replacement of Playground Equipment at Dana Park. Project Number 18-36-019.

2. Authorize staff to file the attached Notice of Completion. 5 Packet Pg. 10
RECORDING REQUESTED BY:

Maribel Hernandez
City Clerks Office
City of Barstow
220 E. Mountain View Street
Barstow, CA 92311
RECORDER:

Record without fee subject to Govt. Code 6103
Recordation required to complete chain of title.

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City Council of the City of Barstow, California, owner, a municipal corporation, whose address is 220 East Mountain View Street, Barstow, California, states that a work of improvement upon the hereinafter described property was completed on the 22nd day of February, 2024; that the name of the contractor for such improvement is Pacific Play Systems Inc.; that the work of improvement was completed and is situated in the City of Barstow, County of San Bernardino, State of California, and is described as follows:

Project Number 18-36-019
Upgrade to Existing Playground Equipment

CITY OF BARSTOW
By:

Dated: March 18, 2024 Paul Anthony Courtney, Mayor

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO ) SS

CITY OF BARSTOW )
Paul Anthony Courtney, being duly sworn, says that he is the Mayor of the City of Barstow and that he executed the foregoing Notice of Completion; that he makes this verification on behalf of the City of Barstow, California, a municipal corporation; that he has read said notice and knows the contents thereof, and that the facts stated herein are true.

_________________________
Paul Anthony Courtney, Mayor
Subscribed and sworn before me
this 18th day of March, 2024.

Andrea Flores
City Clerk, City of Barstow
I hereby certify under penalty of
perjury that the foregoing is true and
correct. Executed this 4th day of
March, 2024 at Barstow, California.

Paul Anthony Courtney
Mayor, City of Barstow

5.a
Packet Pg. 11
Attachment: Notice of Completion Dana Park Playground (5592 : Final Acceptance of Pacific Play System, Inc to Replacement of Playground State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program

GRANTEE
THE PROJECT PERFORMANCE PERIOD is from
Grantee
The General and Special Provisions attached are made a part of and incorporated into the Contract.

By
Title
Date
(Signature of Authorized Representative)
By
Date

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
City of Barstow
City of Barstow
City Manager
The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.

PROJECT NO.

CERTIFICATION OF FUNDING
(For State Use Only)

AMOUNT ENCUMBERED BY THIS DOCUMENT

CONTRACT NO
FUND.

PRIOR AMOUNT ENCUMBERED FOR THIS

CONTRACT
FISCAL SUPPLIER I.D.

TOTAL AMOUNT ENCUMBERED TO DATE
$

ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. ACTIVITY CODE PROJECT / WORK PHASE 2021/22
C9801541
3790-101-6088 29
69801
Drought, Water, Cln Air, Cstl Protc, Outdoor Fund
37900091 5432000-5432000000
$177,952.00
0000012722
18 AMENDMENT NO
$177,952.00
CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 July 01, 2018 through June 30, 2024
18-36-019

5.b
Packet Pg. 12
Attachment: Pacific Play Systems Dana Park Contract (5592 : Final Acceptance of Pacific Play System, Inc to Replacement of Playground 1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Barstow (hereinafter referred to as “GRANTEE”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$177,952___, subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number – 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from _July 01, 2018_ to _June 30, 2024_.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The

5.b
Packet Pg. 13
Attachment: Pacific Play Systems Dana Park Contract (5592 : Final Acceptance of Pacific Play System, Inc to Replacement of Playground 2 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the

5.b
Packet Pg. 14
Attachment: Pacific Play Systems Dana Park Contract (5592 : Final Acceptance of Pacific Play System, Inc to Replacement of Playground 3 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause

5.b
Packet Pg. 15
Attachment: Pacific Play Systems Dana Park Contract (5592 : Final Acceptance of Pacific Play System, Inc to Replacement of Playground 4 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project

5.b
Packet Pg. 16
Attachment: Pacific Play Systems Dana Park Contract (5592 : Final Acceptance of Pacific Play System, Inc to Replacement of Playground 5 termination or issuance of final payment, whichever is later.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.

5.b
Packet Pg. 17
Attachment: Pacific Play Systems Dana Park Contract (5592 : Final Acceptance of Pacific Play System, Inc to Replacement of Playground 6 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.

The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability

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Attachment: Pacific Play Systems Dana Park Contract (5592 : Final Acceptance of Pacific Play System, Inc to Replacement of Playground 7 Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
_City of Barstow____________________________________

GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________

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Attachment: Pacific Play Systems Dana Park Contract (5592 : Final Acceptance of Pacific Play System, Inc to Replacement of Playground Regular Meeting
03/18/24 06:00 PM
Engineering
Fidel Martinez
Grant
Doc ID: 5593

AGENDA ITEM
AGENDA MATTER:

NORTH BARSTOW ADA INFRASTRUCTURE IMPROVEMENTS
EXECUTIVE SUMMARY:

The City of Barstow obtained CDBG funding for the fiscal year 2022/2023 to fix sidewalks, driveways, ADA ramps, curbs, and gutters in the North area of Barstow. With increasing material expenses and the discovery of more hazardous areas, a modification to the project's scope was necessary, leading to the requirement for additional funds to finish the project.

DISCUSSION:

During the City Council meeting on February 22, 2022, the Council authorized the allocation of $280,840 from CDBG funds for the North ADA Infrastructure project. On February 14, 2024, a bid was issued, and during the bid process, a bid walk took place on February 28, 2024. It was revealed during the bid walk that additional funding would be necessary to address unforeseen hazards.

At present, the city holds Un-Programmed CDBG funds amounting to $261,675. The staff is requesting Council approval to assign these funds to the ADA Infrastructure project BARS-22-1-3K/0260 to ensure complete funding of the project through CDBG resources.

FISCAL IMPACT:

No direct fiscal impact as the project is fully funded through the grant and staff is requesting the following:

Approve the reallocation of unprogrammed CBDG funds in the amount of $261,675 to this project to bring the total amount to $542,515 and appropriate the funding to the following accounts:

Expenditure Account # 400.801.137.23.215
Revenue Account # 215.615.115.597
RECOMMENDED ACTION:

Staff recommends that the City Council take the following actions:

1. Approve the allocation of Un-Programmed CBDG funds to the North Barstow ADA Infrastructure Improvement Project for the amount of $261,675 to fully fund and complete the project. 6 Packet Pg. 20
City of Barstow
220 E. Mountain View Street, Barstow, CA 92311-2888
Tel (760) 256-3531 Fax (760) 256-1750
WWW.BARSTOWCA.ORG
March 6, 2024
Community Development & Housing Department
560 E. Hospitality Lane, Suite 200
San Bernardino, CA 92415-0043
Attn: Johnnetta Gibson, MPA
Ms. Johnnetta Gibson,
The City of Barstow is seeking a reallocation of $261,675 of Un-Programmed funds to be directed to Project BARS-22-1-03K/0260, known as North Barstow ADA Infrastructure Improvements. In the fiscal year 2022/2023, the city was awarded $280,840 for this project.

However, the current Engineers Estimate, which includes Project Management, City Staff, Inspection, and Contingency costs, is estimated to be $542,515. By combining the previous awarded amount with the requested amount of $261,675, this project can be fully funded.

Warm regards,
Andrew Espinoza Jr.

Interim City Manager

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Attachment: Request to allocate additional funds (5593 : North Barstow ADA Infrastructure Improvements) Regular Meeting
03/18/24 06:00 PM
Engineering
Fidel Martinez
Contract
Doc ID: 5594

AGENDA ITEM
AGENDA MATTER:

AWARD OF CONTRACT FOR NORTH BARSTOW ADA INFRASTRUCTURE IMPROVEMENTS EXECUTIVE SUMMARY:

Plans and specifications for the North Barstow Infrastructure Improvement Project were recently requested for bids. Following the formal bidding process, the City received a single qualifying bid. It is recommended by the staff to award the contract to TSR Construction and Inspection.

DISCUSSION:

During the City Council meeting on February 22, 2022, a decision was made to allocate CDBG funding for infrastructure enhancements to address ADA barriers in Barstow City. The project was publicly announced on February 16, 2024, with a deadline for submissions set for March 13, 2024, at 2:00 pm.

A single eligible bid was received and has been thoroughly reviewed and approved by Project Manager, Jim Merrell of Merrell Johnson.

The bid was also assessed by CDBG, and a Letter of Approval to Proceed with the award of the contract has been issued by the County.

TSR Construction and Inspection $356,113
FISCAL IMPACT:

None as project is supported with CDBG Funding.

RECOMMENDED ACTION:

Staff Recommends that the City Council take the following actions:

1. Award project number 2023-02 / BARS-22-1-03K/0260 North Barstow ADA Infrastructure Project to TSR Construction and Inspection.

2. Approve an overall project budget of $356,113.

3. And authorize the City Manager or designated representative to sign the contract. 7 Packet Pg. 22
A-1
City of Barstow
Community Development Department
Engineering Division
Contract Documents
And
Specifications
CDBG ADA Barriers Project
Project #: 2023-02
Bid Date: Wednesday, March 13, 2024
Dated: February 16, 2024
For use in connection with
Standard Specification for Public Works Construction

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Attachment: 1 Contract and Specifications-CDBG ADA BARRIERS PROJECT (5594 : Award of Contract for North Barstow ADA Infrastructure A-2
City of Barstow
Community Development Department
Engineering Division

NOTICE TO BIDDERS, PROPOSAL, CONTRACT

AND SPECIFICATIONS

FOR THE CONSTRUCTION OF
Project #: 2023-02
CDBG ADA Barriers Project
MAYOR
Paul Anthony Courtney

COUNCILMEMBERS
Timothy Silva James Noble
Barbara M. Rose Marilyn Dyer Kruse
Consultant City Engineer:

Brad Merrell
Merrell Johnson Companies
22221 Highway 18
Apple Valley, CA 92307

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Attachment: 1 Contract and Specifications-CDBG ADA BARRIERS PROJECT (5594 : Award of Contract for North Barstow ADA Infrastructure A-3

TABLE OF CONTENTS

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA

SECTION
NOTICE INVITING SEALED BIDS.......................................................................................................... A INSTRUCTIONS TO BIDDERS .................................................................................................................B PROPOSAL INFORMATION AND DOCUMENTS..................................................................................C CONTRACT INFORMATION AND DOCUMENTS................................................................................ D STANDARD SPECIFICATIONS ................................................................................................................E SPECIAL PROVISIONS - 700 SERIES ......................................................................................................F ENGINEERS ESTIMATE....………………………………….……………………………...APPENDIX 1 PICTURES OF EXISTING CONCRETE FAILURES & LOCATIONS................................APPENDIX 2 DATA SHEETS OF CONCRETE REPAIRS..........................................................................APPENDIX 3 STANDARD DRAWINGS CITY OF BARSTOW .................................................................APPENDIX 4 CDBG REQUIREMENTS........................................................................................................APPENDIX 5 DAVIS BACON REQUIREMENTS........................................................................................APPENDIX 6

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SECTION A

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA

NOTICE INVITING SEALED BIDS
CALENDAR OF EVENTS*
Bid Advertisement...................................................................................................16th day of February 2024 Bid Package available starting ......................................................................... 16th day of February 2024 Bid Due Date and Time ....................................................................... 13th day of March 2024, 2:00 p.m.

Bid Opening ......................................................................................................... 13th day of March 2024 Bid Results/Contractor Selection.......................................................................... 15th day of March 2024 Council approval of Contract................................................................................ 18th day of March 2024 New Contract in Effect ......................................................................................... 19th day of March 2024 Construction Start Date, not earlier than............................................................... 20th day of March 2024 Construction End Date, not later than..................................................................... 26th day of April 2024 *All dates are subject to change.

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Attachment: 1 Contract and Specifications-CDBG ADA BARRIERS PROJECT (5594 : Award of Contract for North Barstow ADA Infrastructure A-5

INVITING SEALED BIDS

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Barstow (City), invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, 220 E. Mountain View St, Suite A, Barstow, CA 92311 up to the hour of 2:00 p.m., on the 13th day of March 2024. The bids will be publicly opened and read at 2:00 p.m. on the 13th day of March 2024, in the office of the City Clerk of the City of Barstow, 220 E. Mountain View St., Suite A, Barstow, California 92311.

The Engineer’s Estimate for this project is $400,000.00.

The project consists of demolition and reconstruction of existing sidewalks, driveways, curb & gutters, spandrel, and AC pavement patch.

A Mandatory Job Walk will be held on Wednesday February 28, 2024, at 11:00am at 220 E.

Mountain View St, Suite A, in the City of Barstow, California, 92311. Nearest cross street is Belinda Ave.

Copies of the plans, specifications, and contract documents are available upon request to [email protected]. An electronic invitation to Box (a cloud-based network) will be sent to those who request the bid Documents. In accordance with the provisions of California Public Contract Code § 3300, and Business and Professions Code § 7028.15(e), the City has determined that the contractor shall possess a valid Class A, B or C-8 Concrete Contractors License at the time that the contract is awarded. Failure to possess the specified license shall render the bid non-responsive and shall act as a bar to award of the contract to any bidder not possessing said license at the time of the award.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000 SACRAMENTO, CA 95826. At the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material shall not be made unless and until the Registrar of Contractors verifies to the City that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractors’ State Board. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. (Public Contract Code § 20103.5)

CONTRACTORS AND SUBCONTRACTORS ARE ALSO REQUIRED TO BE REGISTERED WITH THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS. A contractor or subcontractor shall not be qualified to bid on, be listed on a bid proposal for, or perform any public work contract unless it is currently registered with the California Department of Industrial Relations as described in Labor Code § 1725.5.

Bids must be prepared on the approved bid forms in conformance with INSTRUCTION TO BIDDERS and submitted in the envelopes provided, sealed, and plainly marked on the outside:

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“CDBG ADA BARRIERS PROJECT”
PROJECT NO. 2023-02
DO NOT OPEN WITH REGULAR MAIL”
The bid must be accompanied by a bid guarantee in the amount of 10% of the total bid by 2:00 p.m. on March 13, 2024. More specifically, pursuant to Public Contract Code §§ 20170 and 20171, all bids for the project shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security in the amount of ten percent (10%) of the bid: (a) cash; (b) a cashier’s check made payable to the City of Barstow; (c) a certified check made payable to the City of Barstow; or (d) a bidder’s bond executed by an admitted surety insurer, made payable to the City of Barstow. Such security shall be forfeited should the successful bidder to whom the contract is awarded fails to timely execute the contract and deliver the necessary bonds and insurance certificates as specified in the contract documents.

To the extent applicable, at any time during the term of the Agreement for the proposed project, the successful bidder may, at its own expense, substitute securities equivalent to the amount withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

Pursuant to California Civil Code § 9550, a payment bond is required to be submitted for all projects estimated in excess of $25,000.00.

The City has determined that the proposed project is a public works subject to the provisions of Labor Code § 1720 thereby requiring the Contractor to pay the prevailing wage rates for all work performed under the Contract. Accordingly, the proposed project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

A weekly certified payroll is required during the term of construction of the project. Payment(s) of invoice(s) for this project may be delayed when certified payrolls are not submitted weekly.

The CITY/COUNTY shall make progress payments on any properly completed payment request submitted by the Prime Contractor. The payment request shall not be deemed properly completed unless all certified payroll(s) for the project is submitted on a weekly basis for each week worked during the time period covered by said payment request.

FEDERALLY FUNDED PROJECTS:

Bidders are advised that this is a federally funded project. Funding sources may include Community Development Block Grant funds (CDBG), Neighborhood Stabilization Program funds (NSP) or HOME funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The Prime Contractor, all Subcontractors and all lower-tier subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision for this project when the Contract amount for the Prime Contract exceds $2,000. Those wages are determined pursuant to the Davis-Bacon Act (40 USC 276a-7) (29 CFR, Part 5.0) and related Federal Acts, as applicable and as pursuant to the State of California Labor Code Section 1720 et seq. and implementing regulations of the State of California Department of Industrial Relations. The higher of the two applicable wage classifications, either Davis-Bacon Federal Prevailing Wage or, State Prevailing Wage will be enforced for all work under this Contract. The Prime Contractor is responsible for ensuring all Subcontractor(s) and lower-tier subcontractor(s) compliance with Davis-Bacon and Related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project and are attached.

A copy of the Davis-Bacon Federal Prevailing Wage Decision, (and upon request the State Wage Decision) the date of which reflects the latest applicable modification at the time of this bid advertisement, is included in the Contract Documents and Specifications. Bidders shall be notified, via

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Addendum, of modifications, if any, which supersede that modification included herein, up until a minimum of ten days prior to the actual Bid Opening for this project.

A weekly certified payroll is required during the term of construction of the project. Payment(s) of invoice(s) for this project may be delayed when certified payrolls are not submitted weekly. The CITY/COUNTY shall make progress payments on any properly completed payment request submitted by the Prime Contractor. The payment request shall not be deemed properly completed unless all certified payroll(s) for the project submitted through LCPtracker have been properly completed and submitted on a weekly basis for each week worked during the time period covered by said payment request.

The City reserves the right to reject any and all bids.

If you have any questions, please contact James B. Merrell, at [email protected] or (760) 240-8000.

BY ORDER OF the City Council of the City of Barstow, California.

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-1

SECTION B

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA

INSTRUCTION TO BIDDERS

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INSTRUCTIONS TO BIDDERS

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
B1.01 INSPECTION OF SITE OF WORK
All bidders shall carefully and completely examine the site of the work contemplated, the plans and specifications, and the proposal and Contract forms therefor, and perform all tests and inspections necessary to inform bidder of all conditions that may be encountered, the character, quality, and scope of work to be performed, and the quantities of materials to be furnished. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished and as to the requirements of the proposal, plans, Specifications and the Contract.

Where the City has made investigations of site conditions, including subsurface conditions in areas where work is to be performed under the Contract, or in other areas, some of which may constitute possible local material sources, bidders and Contractor may, upon written request, inspect the records of the City as to those investigations subject to and upon the conditions hereinafter set forth. The investigations are made only for the purpose of study and design.

The records of investigations, project records, log of test borings, record of geotechnical data, investigation of subsurface conditions, cross-sections, contour maps, and any other investigations provided by City, are not a part of the Contract and are available solely for the convenience of the bidder or Contractor. It is expressly understood and agreed that the City assumes no responsibility whatsoever in respect to the sufficiency or accuracy of the above described documents or of the interpretations set forth therein or made by the City in its use thereof and there is no warranty or guaranty, either express or implied, as to the completeness or accuracy of the documents, that the conditions indicated by the documents are representative of those existing in or throughout those areas, or any part thereof, or that unlooked-for developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered. The availability or use of information described in this section is not to be construed in any way as a waiver of the provisions of the first paragraph in this section and a bidder or Contractor shall make their own investigation and examination to be satisfied as to conditions to be encountered in the performance of the work.

No information derived from the inspection of investigations or compilation thereof made by the City or from the Engineer, or their consultants, will in any way relieve the bidder or Contractor from any risk or from properly fulfilling the terms of the Contract.

If, during the course of his/her examination, a bidder finds facts or conditions which appear to him/her to conflict with the letter or spirit of the contract documents, or with any other data furnished him/her, he/she may apply to the City in writing in accordance with B1.04 INTERPRETATION OF CONTRACT DOCUMENTS for additional information and explanation before submitting his/her bid.

The submission of a proposal by the bidder shall constitute the acknowledgment that, if awarded the contract, he/she has relied and is relying on his/her own examination of (a) the site of the work, (b) the

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access to the site, and (c) all other data, matters, and things requisite to the fulfillment of the work and on his/her own knowledge of existing services and utilities on and in the vicinity of the site of the work to be constructed under the contract, and not on any representation or warranty of the City. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the above items.

B1.02 EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with legal and procedural documents, general conditions, specifications, drawings and addenda (if any). The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the contract documents. The bidder’s attention is directed to the need, if any, for special invoicing for this project. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him/her from any obligations with respect to his/her proposal or to the contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract document.

B1.03 CONTRACT PERIOD/CONSTRUCTION COMPLETION DATE
The bidder’s attention is called to the provisions set forth in SECTION E, STANDARD SPECIFICATIONS, particularly those pertaining to the contract period and liquidated damages for avoidable delays.

The Contractor shall begin work within fifteen (15) calendar days after the date of the Notice to Proceed and shall diligently prosecute said work to completion before the expiration of 21 WORKING DAYS.

The lead time for the Restroom facility shall not be considered part of the working days of the project schedule. The Contractor shall pay to the City the sum of $1,000.00 per day, for each and every calendar day’s delay in finishing the work in excess of the number of working days prescribed above.

B1.04 INTERPRETATION OF CONTRACT DOCUMENTS
No oral interpretations will be made to any bidder as to the meaning of the contract documents. Requests for an interpretation shall be made in writing and delivered to the City at least ten (10) days before the time announced for opening the proposals. Interpretations by the City will be in the form of an addendum to the contract documents and, when issued, will be sent as promptly as is practical to all parties to whom the contract documents have been issued. City makes no guarantee that all bidders will receive all addenda. Copies of the addenda will be made available for inspection at the office where contract documents are on file for inspection as indicated on the Invitation for Bids. All such addenda shall become part of the contract. All questions shall be addressed to James B. Merrell, Contract Consultant to Engineering Services, City of Barstow, [email protected], Telephone Number (760) 240-8000, FAX (760) 240-1400.

B1.05 REPORTS AND OTHER INFORMATION TO BE OBTAINED PRIOR TO BIDDING Soil reports have not been prepared for this project.

A pre-bid conference has been scheduled at the site of the work, all bidders, subcontractors, material suppliers and others who may be working on the work of improvement are strongly encouraged to attend this pre-bid conference. Due to the facts and circumstances of this particular project, the pre-bid conference may be the only opportunity to conduct the pre-bid investigation of the site and satisfy the pre-bid obligations set forth in these Contract Documents.

If a bidder (or others) attends the entirety of a scheduled pre-bid conference and needs additional time to complete its investigation of the site or other pre-bid obligations set forth in these

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Contract Documents, bidder must notify the City in writing, via certified or registered mail, no less than two workdays after the scheduled pre-bid conference, to request additional time. The written request must include an estimate of the amount of additional time required by the bidder.

B1.06 PROPOSAL
Proposals shall be made on the forms enclosed in SECTION C of these specifications with or without removal from the bound contract documents. All proposals shall give the prices proposed, both in writing and in figures, shall give all other information requested herein, and shall be signed by the bidder or his/her authorized representative, with his/her address. If the proposal is made by an individual, his/her name, signature and post office address must be shown; if made by firm or partnership, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown; if made by a corporation, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the name and title of the person who signs on behalf of the corporation. If the proposal is made by a corporation, a certified copy of the bylaws or resolution of the board of directors of the corporation shall be furnished showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

Each proposal shall be enclosed in a sealed envelope, labeled as specified in SECTION A - NOTICE INVITING SEALED BIDS. Bidders are warned against making erasures or alterations of any kind, and proposals which contain omissions, erasures, or irregularities of any kind may be rejected. No oral, telegraphic, or telephonic proposals or modifications will be considered.

In conformance with the Business and Profession Code, § 7028.15, the Contractor must state clearly his/her license number and expiration date. In addition, he/she shall sign a statement that these representations were made under the penalty of perjury. This statement shall be made on the EXPERIENCE STATEMENT in SECTION C.

The Contractor will be required to pay prevailing wage pursuant to California Law, including California Labor Code §§ 1770 et seq. and the federal prevailing wage, commonly referred to the Davis-Bacon Act.

Where there are differences, the higher of the two wage rates will be enforced. Copies of the prevailing rate of per diem wages are on file at the offices of the City.

B1.07 ADDENDA
Each proposal shall include specific acknowledgment in the space provided on SECTION C - BID PROPOSAL of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the proposal being rejected as not responsive.

B1.08 BID PRICES
Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities and all management, superintendence, labor and services, except as may be provided otherwise in the Contract Documents. In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount bid.

In preparing bid prices bidder represents that he/she has carefully examined the Contract Documents and the site where the work is to be performed and that he/she has familiarized himself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect, in any manner, the performance of the work. The bidder further represents that he/she has studied all surveys and investigation reports about subsurface and physical conditions pertaining to the job site, that he/she has

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performed such additional surveys and investigations as he/she deems necessary to complete the work at his/her bid price, and that he/she has correlated the results of all such data with the requirements of the Contract Documents. The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the work.

The plans and specifications for the work show subsurface conditions or otherwise hidden conditions as they are supposed or believed by the Design Engineer to exist, but it is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually extant.

Except as otherwise specifically provided in the Contract Documents, the City, the Design Engineer and their consultants or agents shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise.

The Contractor shall perform an independent quantity take-off of the plans and bid accordingly.

Quantities listed in the BID SCHEDULE in SECTION C are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. The contractor shall be responsible for verifying all estimated quantities. The contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for unauthorized work performed outside of that required by the Contract Documents.

B1.09 TAXES
No mention shall be made in the proposal of sales tax, use tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

B1.10 RECOGNITION OF BONDING COMPANIES
All bonding companies used by the Contractor in this contract must be recognized by the Federal Government within Circular 570. All proposals or contracts received that include bonds posted by bonding companies not recognized in Circular 570 will result in the disqualification of the bid proposal and forfeiture of the bid bond.

B1.11 QUALIFICATION OF BIDDERS
Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the EXPERIENCE STATEMENT form provided in SECTION C.

Each bidder shall possess a valid, active and in good standing, State of California Department of Consumer Affairs, Contractor’s License Board A or C-32 contractor license, for a minimum of five (5) continuous years prior to the date of bid opening. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than three (2) years’ experience in the magnitude and character of the work bid and have completed to the public owner’s satisfaction, no less than 5 public works projects in the State of California, each with an original contract price of no less than $50,000, within the past three years prior to the date of bid opening.

All Sub-Contractor’s shall possess a valid Contractor’s License issued by the Contractor’s State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in

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the contract. The sub-contractor must have at least (5) years of continuous public works experience for the respective portion of work and the scope and complexity similar to the project contemplated herein and must have successfully completed such projects under the same-sub-Contractor’s license number specified in the Sub-Contractor’s list.

The Contractor performing the work must have at least (5) years of continuous public works experience for the scope and complexity similar to the project contemplated herein and must have successfully complete such projects under the same Contractor’s license number as declared in this proposal.

Bidders shall not have any pending disciplinary proceedings or investigations by the Contractor’s State License Board. As of the date of bid opening, or within the past five years, bidders shall not have any suspensions, disbarments, or similar proceedings (including stipulated agreements), restricting, limiting, or prohibiting bidder from bidding or performing other public works for any other public City.

It is the intention of the City to award a contract to a bidder who has furnished satisfactory evidence that he/she has the requisite experience and ability and that he/she has sufficient capital, facilities, and plants to enable him/her to prosecute the work successfully and properly, and to complete it within the time specified in the contract.

To determine the degree of responsibility to be credited to the bidder, the City will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature, magnitude, and comparable difficulty and comparable rates of progress. If in the opinion of the City, a bidder is determined to be insufficiently qualified, then that bid will not be considered for award of the contract.

B1.12 DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
Each proposal shall have listed on the DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS form provided in SECTION C the name, address, and license number of each subcontractor to whom the bidder proposes to sublet portions of the work in excess of one-half percent of the total amount of his/her bid. For the purpose of this paragraph, a subcontractor is defined as one who contracts with the Contractor to furnish materials and labor, or labor only for the performance of work at the site of the work or who will specially fabricate a portion of the work off the site pursuant to detailed drawings in the contract documents.

Public Contract Code § 4104 requires that all bidders list subcontractors who will perform work in excess of ½% of the total bid, or in the case of streets and highways, ½% or $10,000, whichever is greater.

Public Contract Code § 6109 prohibits a contractor from performing work with a subcontractor who is debarred pursuant to Labor Code §§ 1777.1 or 1777.7. Furthermore, no contractor shall work on this job who has been debarred from doing work on federally funded projects since this project is funded in whole or in part with federal funds.

B1.13 PROPOSAL GUARANTEE
The proposal shall be accompanied by a proposal guarantee bond duly completed on the form provided herewith by a guarantee company authorized to carry on business in the State of California for payments to the City in the sum of at least 10% of the total amount of the bid proposal, or alternatively by a certified or cashier's check payable to the City, or cash, in the sum of at least 10% of the total amount of the bid proposal. The amount payable to the City under the proposal guarantee shall be forfeited to the City in case of failure or neglect of the bidder to furnish, execute and deliver to the City the required

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bonds, evidence of insurance and to enter into, execute and deliver to the City the agreement on the form provided herewith, within ten (10) days after being notified in writing by the City that the award has been made and the agreement is ready for execution.

B1.14 MODIFICATION OF PROPOSAL
A modification of a bid proposal already received will be considered only if the modification is received prior to the time announced for the opening of bids. All modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid proposal.

B1.15 WITHDRAWAL OF PROPOSAL
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the City’s designated official prior to the bid opening hour stipulated in SECTION A – NOTICE INVITING SEALED BIDS. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

B1.16 POSTPONEMENT OF BID OPENING
The City reserves the right to postpone the date and time for opening of bids at any time prior to the date and time announced in SECTION A–NOTICE INVITING SEALED BIDS.

B1.17 DISQUALIFICATION OF BIDDERS
If there is reason to believe that collusion exists among the bidders, none of the bids of the participants in such collusion will be considered. In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor.

B1.18 REJECTION OF PROPOSALS
The City reserves the right to reject any and all proposals, to waive any irregularity, and to reject any proposals which are incomplete, obscure or irregular; any proposals which omit a bid on any one or more items on which bids are required; which omit unit prices if unit prices are required in which unit prices are unbalanced in the opinion of the City; which are accompanied by insufficient or irregular bid security; and which are from bidders who have previously failed to perform properly or to complete on time contracts of any nature.

B1.19 AWARD OF CONTRACT
The Award of Contract, if it is awarded, will be made to the lowest responsible and responsive bidder, whose bid proposal is not rejected for cause by the City. However, until an award is made, the right will be reserved to reject any or all bids, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom it is proposed to make such an award.

Each bidder’s attention is directed to the possibility that the award of the project may be delayed for various reasons. The City reserves the right to delay the award of the project for 45 calendar days. After 45 calendar days, the low bidder may at any time request release from its bid without penalty.

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The acceptance of a proposal will be evidenced by a Notice of Award of Contract in writing, delivered by mail to the bidder whose proposal is accepted. No other act of the City shall constitute acceptance of a proposal. The award of contract shall obligate the bidder whose proposal is accepted to furnish a performance bond, payment bond and maintenance bond, as well as evidence of insurance and to execute the contract set forth herein.

B1.20 RETURN OF PROPOSAL GUARANTEES
Within ten (10) calendar days after the bids are opened, the City will release the proposal guarantees accompanying the proposals which are not to be considered in making the award. Proposal guarantees for the two lowest bidders will be held until the contract has been fully executed after which they will be returned to the respective bidders whose proposals they accompanied.

B2.21 EXECUTION OF CONTRACT
The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds and evidence of insurance, within ten (10) calendar days after the notification of the contract award by the City in writing. In case of failure of the successful bidder to execute the contract agreement within ten (10) calendar days after such notice, or any subsequent extension approved by City, the City at its option may consider the bidder in default, in which case the bid bond or proposal guarantee accompanying the bid shall become the property of the City. After execution by the City, one original contract shall be returned to the Contractor.

B1.22 FLEXIBILITY OF BID SCHEDULE
It is the intent of the City to award a contract to the lowest responsible and responsive bidder and the flexibility shown in the bid schedule is necessary to ensure a project within the City's budget limits and constraints.

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SECTION C

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA

PROPOSAL INFORMATION AND DOCUMENTS

BID PROPOSAL

BID SCHEDULE

BID BOND

BID GUARANTEE

BIDDER INFORMATION

EXPERIENCE STATEMENT

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

NONCOLLUSION AFFIDAVIT

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BID PROPOSAL

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
The undersigned, as bidder, declares that he/she has examined all of the contract documents and specifications contained in this project manual for the above referenced project, and that he/she will contract with the City on the form of contract provided herewith to do everything necessary for the fulfillment of this contract at the price, and on the terms and conditions therein contained.

The following are included and are to be considered as forming a part of this proposal: BID

PROPOSAL, BID SCHEDULE, BID BOND, NONCOLLUSION AFFIDAVIT, BID GUARANTEE (if submitted in lieu of Bid Bond), BIDDER INFORMATION, EXPERIENCE STATEMENT, DESIGNATION OF SUPPLIERS & SUBCONTRACTORS, BIDDER’S STATEMENT REGARDING INSURANCE COVERAGE, and STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS.

Contractor acknowledges receipt and inclusion of addenda ______ to ______ into this bid proposal and the contract documents.

Attached is a Bid Bond duly completed by a guarantee company authorized to carry on business in the State of California in the amount of at least 10% of the total amount of our proposal, or alternatively, there is attached a certified or cashier's check payable to the City, in the amount of at least 10% of the total amount of our proposal.

If our proposal is accepted, we agree to sign the contract form and to furnish the Performance Bond and the Payment Bond (each to be 100% of the bid amount), the Maintenance Bond (to be 50% of the bid amount), and the required evidences of insurance within ten (10) calendar days after receiving written Notice of Award of Contract.

We further agree if our proposal is accepted and a contract for the performance of the work is entered into with the City, to so plan the work and to prosecute it with such diligence that all of the work shall be completed within the time stipulated in SECTION E - TIME OF COMPLETION.

NAME OF BIDDER:

MAILING ADDRESS:

STATE OF INCORPORATION:

AUTHORIZED SIGNATURE:

TITLE:

DATE:
(If Company is a Corporation, provide corporate resolution per B2.06 PROPOSAL)

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BID SCHEDULE

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
The cost of all labor, services, material, equipment and installation necessary for the completion of the work itemized under this schedule, even though not shown or specified, shall be included in the unit price for the various items shown herein. For a description of the work associated with each bid item, see SECTION E–STANDARD SPECIFICATIONS AND SECTION F - SPECIAL PROVISIONS - 700 SERIES The City reserves the right to increase or decrease the quantity of any item or omit items as may be necessary, and the same shall in no way affect or make void the contract, except that appropriate additions or deductions from the contract total price will be made at the stipulated unit price in accordance with these Contract Documents.

The City reserves the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the City.

The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in this Bid Schedule are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. The Contractor shall be responsible for verifying all estimated quantities. The Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents, including addenda, and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for work performed for his convenience, or as required to adapt to field conditions, or for unauthorized work performed outside of that required by the Contract Documents.

The Contractor shall be responsible for calculating and providing totals for the schedule. The proposal schedule shall include all costs for labor, services, material, equipment, and installation associated with completing the work in place per the plans, specifications, and details.

NAME OF BIDDER:

CONTRACTOR’S LICENSE NO.:

AUTHORIZED SIGNATURE:

TITLE:

DATE:

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BID SCHEDULE (Continued)

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA

CDBG ADA BARRIERS PROJECT
Item Spec
Section Description Unit Est. Qty.

Unit Price Total Price

1. 8-01 SAWCUT CONCRETE LF 1,040

2. 8-02 REMOVE CONCRETE SIDEWALK SF 4,775

3. 8-03 CONSTRUCT CONCRETE
SIDEWALK SF 4,775

4. 8-04 REMOVE CONCRETE DRIVEWAY SF 2,458

5. 8-05 CONSTRUCT DRIVEWAY SF 2,458

6. 8-06 SAW CUT AC PAVEMENT LF 261

7. 8-07 REMOVE AC PAVEMENT SF 516

8. 8-09 REMOVE CONCRETE CURB &
GUTTER LF 212

9. 8-10 CONSTRUCT CONCRETE CURB &
GUTTER LF 212

10. 8-11 PATCH AC PAVEMENT SF 516

11. 8-12 ADA CURB RAMP CASE B TYPE 2 EA 4

12. 8-13 ADA CURB RAMP CASE A TYPE 4 EA 4

13. 8-14 REMOVE CONCRETE SPANDREL EA 350

14. 8-15 CONSTRUCT CONCRETE SPANDREL EA 350

15. 8-16 CONSTRUCTION STAGGING &
TRAFFIC CONTROL LS 1

16. 8-18

MOBILIZATION/ DEMOBILIZATION/
INSURANCE & BOND LS 1

17. 8-19

PEDESTRIAN & VEHICULAR
ACCESS LS 1

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18. 8-20 PAYMENT FOR DELAY LS 1

19. 8-21 CASH ALLOWANCE LS 1 $35,000.00 $35,000.00
Bid Schedule Total: $
Bid Schedule Total (in words):

The City reserves the right to award based upon Base Bid only The Contractor shall be responsible for calculating and providing unit prices for the schedule. The proposal schedule shall include all costs for services, labor, materials, equipment, and installation associated in completing the work in place per the Specifications and details. (Company Name of Bidder) (Date)

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BID BOND

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS that Bidder ________________________, as PRINCIPAL, and ______________________, as SURETY, are held and firmly bound unto the City of Barstow as CITY, in the penal sum of
_________________________________________________________________ dollars ($____________________), which is ten percent (10%) of the total amount bid by PRINCIPAL to CITY for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the CITY may accept such Bid; and said SURETY does hereby waive notice of any such extension.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL is about to submit a bid to CITY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by PRINCIPAL in the manner and time specified, and provides the required payment and performance bonds and insurance coverages to CITY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of CITY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this__ day of ......................................, 201_.

PRINCIPAL* .......................................................................................... _____________________________________
_____________________________________________
_____________________________________________
SURETY* _____________________________________________
_____________________________________________
_____________________________________________
*Provide BIDDER and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this ........... day of..............................., 201_.

NOTARY PUBLIC _______________________________________________ (SEAL)

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BID GUARANTEE

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
Note: The following statement shall be used if other than a bid surety bond accompanies bid. “Accompanying this proposal is a money order*, certified check*, cashier’s check*, cash*, payable to the order of the City of Barstow in the amount of _______________________________________________ Dollars ($__________________) which is ten percent (10%) of the total amount of this bid. The proceeds of this bid guarantee shall become the property of said City of Barstow provided this bid is accepted by said City, through action of its legally constituted contracting authorities, and the undersigned fails to execute a contract and furnish the required bonds within the stipulated time. Otherwise, the proceeds of this bid guarantee shall be returned to the undersigned.” NAME OF BIDDER: .......................................................................................................

MAILING ADDRESS: ....................................................................................................... ....................................................................................................... .......................................................................................................

AUTHORIZED SIGNATURE: .......................................................................................................

TITLE: .......................................................................................................

DATE: ....................................................................................................... (*Delete the inapplicable words)

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BIDDER INFORMATION

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
BIDDER certifies that the following information is true and correct:

Name of Bidder:.................................................................................................................................

Business Address: ..............................................................................................................................

Telephone:……………………………………..FAX:………………………………………………
E-mail: ..............................................................................................................................................

Contractor’s License No.:……………………………………..Date License Issued: ...................... ………..

License Expiration Date:.................................................................................................................................

The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: (Name / Title / Address / Telephone #)
........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

Any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: (Type of Judgment / Date)
........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: (Principal / DBA’s / Applicable Dates) ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

Prior Disqualification

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Has your firm ever been disqualified from performing work for any City, County, Public, or Private Contracting entity? Yes / No _________. 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 ..........................................

Violations of Federal or State Law
A. Has your firm or its officers been assessed any penalties by any CITY for noncompliance, violations of Federal or State labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?
Yes / No: ................................... Federal / State: .............................................................................

If “yes”, identify and describe, (including status):............................................................................. ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

Have the penalties been paid? Yes / No: ___________________

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B. Does your firm or its officers have any ongoing investigations by any CITY regarding violations of the State Labor Code, California Business, and Professions Code or State Licensing laws?
Yes / No: ................................. Codes / Laws:............................................ Section / Article:..........

If “yes”, identify and describe (including status):.............................................................................. ........................................................................................................................................................... ...........................................................................................................................................................

I declare under penalty of perjury under the laws of the State of California that all of the representations made in this BIDDER INFORMATION are true and correct. Executed this __________________ day of _______________________________, 201_, at _____________________________________, California.

Authorized Representative Signature and Title________________________________________

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EXPERIENCE STATEMENT

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
Pursuant to this BID PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder's experience in construction of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that he/she has experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State Contractor's License Board.

Project Title:__________________________________ Client:_______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________ Client: _______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No

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EXPERIENCE STATEMENT (Continued)

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
Project Title:__________________________________ Client:_______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________ Client: _______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
I declare under penalty of perjury under the laws of the State of California that all of the representations made in this EXPERIENCE STATEMENT are true and correct. Executed this __________________ day of _______________________________, 201_, at _____________________________________, California.
_________________________________________________________________ Authorized Representative Signature and Title

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DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
The following is a list of subcontractors and suppliers, as defined in 2-3 SUBCONTRACTS of the Standard Specifications, who will perform work or provide materials of value in excess of one-half percent of the total bid price or $10,000, whichever is greater.

No subcontractor shall perform work in excess of the amount specified in 2-3 SUBCONTRACTS of the Standard Specifications, without the written approval of the City.

The Contractor is responsible to ensure that appropriate provisions are to be inserted in all subcontracts to bind subcontractors to the contract requirements as contained herein.

Each subcontractor must agree to comply with all applicable Federal, State, and local requirements.

Name, Address, and License
# of Subcontractor
Employer
Tax Id #
MBE/
WBE
(Y/N)
Work Subcontracted Portion of Work (% of
Contract Price)

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Name and Address of
Subcontractor
Employer
Tax Id #
MBE/
WBE
(Y/N)
Work Subcontracted Portion of Work (% of
Contract Price)
These representations are being made under the penalty of perjury. The undersigned hereby certifies that each subcontractor has been notified in writing of its equal opportunity obligations.

NAME OF BIDDER: _________________________________________________________ AUTHORIZED SIGNATURE: __________________________________________________ Date: _____________________________

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NONCOLLUSION AFFIDAVIT

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA

NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the _________ of __________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _________[date], at ___________[city], _____________[state].

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-3

SECTION D

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA

CONTRACT INFORMATION AND DOCUMENTS

CONTRACT AGREEMENT

PAYMENT BOND

FAITHFUL PERFORMANCE BOND

MAINTENANCE BOND
WORKER’S COMPENSATION INSURANCE CERTIFICATE

INSURANCE ENDORSEMENT

STATEMENT RE INSURANCE COVERAGE
STATEMENT RE THE CONTRACTOR’S LICENSING LAWS

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ARTICLES OF AGREEMENT

CDBG ADA BARRIERS PROJECT
NO. 2024-0, AGREEMENT

IN THE CITY OF BARSTOW, CALIFORNIA
THIS CDBG ADA BARRIERS PROJECT, PROJECT NO. 2023-02, AGREEMENT (“AGREEMENT”) is made and entered into for the above-stated project this ___ day of ______, 2018, BY AND BETWEEN the City of Barstow, a municipal corporation, hereafter designated as “CITY”, and CONTRACTOR’S BUSINESS NAME, a ____________ corporation, hereafter designated as “CONTRACTOR.”
WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:

ARTICLE I: Contract Documents
The contract documents for the CDBG ADA BARRIERS PROJECT, PROJECT NO. 2023-02, shall consist of the Notice Inviting Sealed Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with two signed copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively referred to herein as the “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.

ARTICLE II: Scope of Work
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and equipment and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.

CITY hereby employs 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 aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in this AGREEMENT.

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this AGREEMENT, CONTRACTOR offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (Section 16700, et seq.) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

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ARTICLE III: Compensation
A. CONTRACTOR agrees to receive and accept the prices set forth in the Bid Proposal and Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. In no event shall the total compensation and costs payable to CONTRACTOR under this Agreement exceed the sum of Dollars ($...................... ,) unless specifically approved in advance and in writing by CITY.

Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

B. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to the contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with this Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

C. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR upon CITY’s confirmation of CONTRACTOR’S satisfactory completion of this AGREEMENT. At any time during the term of this AGREEMENT CONTRACTOR may, at its own expense, substitute securities for funds otherwise withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

ARTICLE IV: Time for Completion
CONTRACTOR agrees to commence construction of the Work of Improvement within fifteen (15) days after issuance of a Notice to Proceed, and to continue in a diligent and workman-like manner without interruption, and to complete the construction thereof within _21_ calendar days from the date the Notice to Proceed is issued.

ARTICLE V: Time is of the Essence
Time is of the essence of this AGREEMENT, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the CITY will sustain

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by reason of any delay in the performance of this AGREEMENT. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: Five Hundred Dollars ($500.00) for each day’s delay beyond the time herein prescribed for finishing work. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this AGREEMENT in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this AGREEMENT.

ARTICLE VI: Labor Code
CITY and CONTRACTOR acknowledge that this AGREEMENT is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and public agencies and agree to be bound by all the provisions thereof as though set forth fully herein. Full compensation for conforming to the requirements of the Labor Code and with other Federal, State and local laws related to labor, and rules, regulations and ordinances which apply to any work performed pursuant to this AGREEMENT is included in the price for all contract items of work involved.

This AGREEMENT is further subject to prevailing wage law, including, but not limited to, the following:

A. The CONTRACTOR shall pay the prevailing wage rates for all work performed under the AGREEMENT. When any craft or classification is omitted from the general prevailing wage determinations, the CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. The CONTRACTOR shall forfeit as a penalty to CITY $200.00 or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the AGREEMENT in violation of the provisions of the Labor Code whether such worker is employed in the execution of the work by CONTRACTOR or by any Subcontractor under CONTRACTOR. In addition, CONTRACTOR shall pay each worker the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

B. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by all of its subcontractors.

C. Pursuant to Labor Code § 1725.5, CONTRACTOR and any subcontractor must be registered with the California Department of Industrial Relations for any bid proposal submitted on or after March 1, 2015, and for any contract for public work entered into on or after April 1, 2015. Further, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

D. Pursuant to Labor Code § 1776, CONTRACTOR and any subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification,

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straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this AGREEMENT for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to CONTRACTOR under this Agreement.

Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Labor Code §§ 1811, and 1815 for any work performed by his or her employees on the public works project. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776. In addition, pursuant to Government Code Section 8546.7, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of CITY or as part of any audit of CITY, for a period of three (3) years after final payment under the Agreement.

E. This AGREEMENT is further subject to 8-hour work day and wage and hour penalty law, including, but not limited to, Labor Code Sections 1810 and 1813, as well as California nondiscrimination laws, as follows:

CONTRACTOR shall strictly adhere to the provisions of the Labor Code regarding the 8-hour day and the 40-hour week, overtime, Saturday, Sunday and holiday work and nondiscrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or sexual orientation, except as provided in Section 12940 of the Government Code. Pursuant to the provisions of the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by CONTRACTOR’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to CITY $25.00 or any greater penalty set forth in the Labor Code for each worker employed in the execution of the work by CONTRACTOR or by any Subcontractor of CONTRACTOR, for each Calendar Day during which such worker is required or permitted to work more than eight hours in one Calendar Day or more than 40 hours in any one calendar week in violation of the Labor Code.

F. This AGREEMENT is subject to Public Contract Code Section 6109: CONTRACTOR shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Sections 1777.1 or 1777.7 of the Labor Code.

ARTICLE VII: Work Site Conditions
A. In compliance with and pursuant to Government Code Section 4215, CITY shall assume the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of this AGREEMENT, if such utilities are not identified by CITY in the plans and specifications made a part of the invitation for bids. The AGREEMENT documents shall include provisions to compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with

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reasonable accuracy, and for equipment on the project necessarily idled during such work.

CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of CITY or the owner of the utility to provide for removal or relocation of such utility facilities.

B. To the extent that the work requires trenches in excess of five feet (5’) and is estimated to cost more than $25,000, prior to any excavation, CONTRACTOR must provide the CITY, or a registered civil or structural engineer employed by the CITY to whom authority to accept has been delegated, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.

C. This AGREEMENT is further subject to Public Contract Code Section 7104 with regard to any trenches deeper than four feet (4’) involved in the proposed work as follows:

CONTRACTOR shall promptly, and before the following conditions are disturbed, notify CITY, in writing, of any:
(1) Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by all available information provided prior to the deadline for submission of bids. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

CITY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or involve hazardous waste, and cause a decrease or increase in CONTRACTOR’s cost of, or the time required for, performance of any part of the work, CITY shall issue a change order under the procedures described in this AGREEMENT.

In the event that a dispute arises between CITY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date provided in the AGREEMENT but shall proceed with all work to be performed under the contract.

CONTRACTOR shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

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ARTICLE VIII: Insurance
A. With respect to performance of work under this AGREEMENT, CONTRACTOR shall maintain, and shall require all of its subcontractors to maintain, insurance as required by Section E “Standard Specifications” of the Contract Documents.

B. This AGREEMENT is further subject to Workers’ Compensation obligations, including, but not limited to, California Labor Code Sections 1860 and 1861 as follows:

CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR. CONTRACTOR and any of CONTRACTOR’s subcontractors shall be required to provide CITY with a written statement acknowledging its obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861; to wit: ‘I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.’ If any class of employees engaged in work under this AGREEMENT at the site of the Project is not protected under any Worker’s Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify and hold harmless CITY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.

ARTICLE IX: Indemnification
To the fullest extent permitted by law, CONTRACTOR shall, at its sole cost and expense, fully defend, indemnify and hold harmless CITY, its authorized representatives and their respective subsidiaries, affiliates, members, directors, officers, employees and agents (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages, losses, and expenses, including but not limited to any fees of accountants, attorneys or other professionals (collectively “Liabilities”), arising out of, in connection with, resulting from or related to, any alleged act, omission, fault or negligence of CONTRACTOR, CONTRACTOR’s Representative, or any of its officers, agents, employees, Subcontractors or Suppliers, or any person or organization directly or indirectly employed by any of them (Collectively, the “Indemnitors”), in connection with or relating to or claimed to be in connection with or relating to the work performed under this AGREEMENT. CONTRACTOR shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

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CONTRACTOR shall not be required to defend or indemnify CITY for liabilities caused by the sole active negligence or willful misconduct of the CITY.

If CONTRACTOR is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of CONTRACTOR that are assumed under or arise out of this AGREEMENT. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of CONTRACTOR contained in, resulting from or assumed under this AGREEMENT, and the failure to give any such notice shall not affect or impair such venturer’s or partner’s joint and several liabilities hereunder.

ARTICLE X: Binding Affect
CITY and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto and to its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. This AGREEMENT is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

ARTICLE XI: Dispute Resolution
A. Any court action arising out of this AGREEMENT shall be filed in the San Bernardino County Superior Court. Any alternative dispute resolution proceeding arising out of this AGREEMENT shall be heard in the City of Los Angeles or the City of Barstow, California.

B. CITY shall have full authority to compromise or otherwise settle any claim relating to this AGREEMENT or any part hereof at any time. CITY shall provide timely notification to CONTRACTOR of the receipt of any third-party claim relating to this AGREEMENT. CITY shall be entitled to recover its reasonable costs incurred in providing the notification required by this section.

C. This AGREEMENT is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of Contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the parties’ failure to resolve the dispute through mediation. This AGREEMENT hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

D. In the event of a dispute between the parties arising out of the terms of this AGREEMENT, including any action brought to declare the rights granted herein or to enforce any of the terms of this AGREEMENT, the party prevailing in such dispute shall not be entitled to attorneys’ fees from the other party. This provision takes precedence over any conflicting provision in any of the documents which are incorporated herein by reference.

ARTICLE XII: Independent Contractor

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CONTRACTOR is and shall at all times remain as to CITY, a wholly independent contractor.

Neither CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR's employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.

ARTICLE XIII: Taxes
CONTRACTOR is responsible for paying all retail, sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this AGREEMENT.

The CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in this AGREEMENT shall include compensation for any taxes the CONTRACTOR is required to pay by laws and regulations in effect as of the execution of this AGREEMENT.

ARTICLE XIV: Notices
All notices and communications shall be sent in writing to the parties at the following addresses:

AGENCY: Chris Heldreth CONTRACTOR
AGENCY NAME: CITY OF BARSTOW CONTRACTOR’S
BUSINESS NAME:

Mailing Street
Address
220 E. Mountain View St., Ste.

A
Mailing Street Address:

City, State, Zip Code: Barstow, CA 92311 City, State Zip Code:

ARTICLE XV: Entire Agreement
This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this AGREEMENT shall not be valid or binding. Any modification of this AGREEMENT will be effective only if signed by the party to be charged.

The benefits and obligations of this AGREEMENT shall inure to and be binding upon the representatives, agents, partners, heirs, successors and assigns of the parties hereto. This AGREEMENT shall be construed pursuant to the laws of the State of California.

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ARTICLE XVI: Authority To Contract
The signatories hereto represent that they are authorized to sign on behalf of the respective parties they represent and are competent to do so, and each of the parties hereto hereby irrevocably waives any and all rights to challenge signatures on these bases.

ARTICLE XVII: General Provisions
A. All reports, documents, or other written material (“written products” herein) developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY.

CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by CONTRACTOR.

B. In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition, or any other unlawful basis.

C. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement.

Should there be any conflict between such heading, and the section or paragraph at the head of which it appears, the section or paragraph hereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

D. The waiver by CITY or CONTRACTOR of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by CITY or CONTRACTOR unless in writing.

E. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

F. CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to CITY under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to CONTRACTOR under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or

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written request of CITY. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of CITY or as part of any audit of CITY, for a period of three (3) years after final payment under the Agreement.

ARTICLE XVIII: Completion Procedures
When the CONTRACTOR has completed the Work of Improvement described in this AGREEMENT, the CONTRACTOR shall notify the City Engineer or Public Works Director.

The City Engineer or Public Works Director, in accordance with the terms of this AGREEMENT more specifically set forth in the Standard Specifications, shall inspect the work, review the punch-list with CONTRACTOR, and any outstanding change orders and claims for payment.

CONTRACTOR shall submit any and all claims for payment and shall sign the CITY’S “Waiver of Additional Claims” form prior to the City Engineer or Public Works Director presenting the Work for Council approval and acceptance.

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names, titles, hands, and seals this ____ day of __________ 2024.

CONTRACTOR:

Contractor’s Business Name
Contractor’s Sign Name, Title
Contractor's License No.

Subscribed and sworn to (or affirmed) before me this
day of , 20 by
Date Month Year
(1) ,
Name of Signer
proved to me on the basis of satisfactory evidence to be the person who appeared before me.

Signature
Public of Notary Public

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(Place Notary Seal Above)
CITY: ______________________________ __________
Mayor of the Date
City of Barstow
ATTESTED: ______________________________ __________
City Clerk of the Date
City of Barstow

APPROVED AS
TO FORM: ______________________________ __________
City Attorney of the Date
City of Barstow
(EXECUTE IN TRIPLICATE)

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PAYMENT BOND

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
WHEREAS, the City of Barstow, as CITY, has awarded to ____________________, as CONTRACTOR, a contract for the above-stated project.

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law.

NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto CITY in the sum of ____________________________ OF ______________________________ Dollars ($__________________) which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION IS SUCH that if CONTRACTOR, its heirs, executors, administrators, successors, assigns or subcontractors, shall fail to pay any of the persons named in Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor withheld, and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and its subcontractors pursuant to Section l3020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, SURETY will pay a reasonable attorneys' fees to the plaintiffs and CITY in an amount to be fixed by the court.

This bond shall inure to the benefit to any of the persons named in Civil Code Section 9100 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

The SURETY hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or the specifications accompanying it shall in any manner affect SURETY’s obligations on this bond. The SURETY hereby waives notice of any such change, extension, alteration, or addition and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies CITY may have.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of
________________, 2018.

Contractor*

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Surety*
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of _____________________, 201_.

NOTARY PUBLIC........................................................................................ (SEAL) (EXECUTE IN TRIPLICATE)

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FAITHFUL PERFORMANCE BOND

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS That ________________________, hereinafter referred to as “CONTRACTOR” as PRINCIPAL, and _______________________________, a corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF BARSTOW, CALIFORNIA, hereinafter referred to as the "CITY" in the sum of _____________________________ Dollars ($_______________; which is one hundred percent (100%) of the total contract amount for the above stated project; lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with CITY to perform all work required pursuant to the contract documents for the project entitled: CDBG ADA BARRIERS PROJECT , PROJECT NO. 2023-02 CONTRACT which Contract is by this reference incorporated herein, and is required by CITY to give this Bond in connection with the execution of the Contract.

NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety.

In the event suit is brought upon this Bond by CITY and judgment is recovered, said Surety shall pay all costs incurred by CITY in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this_____day of
....................................,201_...

Contractor* Contractor’s Sign Name, Title
SURETY*………………………………………….

Contractor’s Business Name
……………………………………………
Mailing Street Address
……………………………………………

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City, State, Zip Code
…………………………………………… Telephone #
……………………………………………
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of ______________ , 201_ NOTARY PUBLIC........................................................................................ (SEAL) (EXECUTE IN TRIPLICATE)

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MAINTENANCE BOND

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of Barstow, as CITY has awarded to _____________________, as CONTRACTOR, a contract for the abovestated project.

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract guaranteeing maintenance thereof;
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto CITY in the sum of ___________________Dollars $_______________, which is fifty percent (50%) of the total contract amount for the above-stated project to be paid to CITY, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if CONTRACTOR shall remedy without cost to CITY any defects which may develop during a period of one (1) year from the date of recordation of the Notice of Completion of the work performed under the contract, provided such defects are caused by defective or inferior materials or work, then this obligation shall be void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, SURETY will pay a reasonable attorneys’ fees to the CITY in an amount to be fixed by the court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this____ day of
...................................., 201_.

Contractor* Contractor’s Sign Name, Title
Contractor’s Business Name
Mailing Street Address
City, State, Zip Code
Telephone #
SURETY* ______________________________________________
______________________________________________
______________________________________________
______________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Powers of Attorney must be attached.

Subscribed and sworn to this ....... day of ..........................., 201_.

NOTARY PUBLIC........................................................................................ (SEAL) (EXECUTE IN TRIPLICATE)

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WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

DATE: ______________________.
(Contractor)
By:
(Signature)

(Title)
Attest:

By:
(Signature)

(Title)
Note: See Section 7 Responsibility of the Contractor, Paragraph 7-3 of the Standard Specifications for insurance carrier rating requirements.

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ENDORSEMENTS TO INSURANCE POLICY

Name of Insurance Company:

Policy Number:

Effective Date:

The following endorsements are hereby incorporated by reference onto the attached Certificate of Insurance as though fully set forth thereon:

1. The naming of an additional insured as herein provided shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured, and

2. The additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extensions thereof, and

3. The additional insured named herein shall not by reason of being so named be considered a member of any mutual insurance company for any purpose whatsoever, and

4. The provisions of the policy will not be changed, suspended, canceled or otherwise terminated as to the interest of the additional insured named herein without first giving such additional insured twenty (20) days written notice.

5. Any other insurance held by the additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance, which is referred to by this certificate.

6. The company provided insurance for this certificate is a company licensed to do business in the State of California with a Best’s rating of A+ VIII or greater.

It is agreed that the City of Barstow, its officers and employees, are included as Additional Insured.

Authorized Insurance Agent
Date:

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STATEMENT REGARDING INSURANCE COVERAGE

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
The undersigned representative of Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified in 7-3 LIABILITY INSURANCE of Section E, Standard Specifications. Should Bidder be awarded the contract for the work, the undersigned further certifies that Bidder can meet all of these specification requirements for insurance including insurance coverage of his/her subcontractors.

NAME OF BIDDER: .......................................................................................................

MAILING ADDRESS: ....................................................................................................... ....................................................................................................... .......................................................................................................

AUTHORIZED SIGNATURE: .......................................................................................................

TITLE: .......................................................................................................

DATE: .......................................................................................................

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STATEMENT REGARDING THE CONTRACTOR'S LICENSING LAWS

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below:

Business & Professions Code § 7028.15:
a) It is a misdemeanor for any person to submit a bid to a public City in engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local City project governed by Section 20104 [now § 20103.5] of the Public Contract Code.
b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
c) This section shall not apply to a joint venture license, as required by Section 7029.1.

However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his/her individual licenser. d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. e) Unless one of the foregoing exceptions applies, a bid submitted to a public City by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public City. Unless one of the foregoing exceptions applies, a local public City shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, as contractor who is not licensed pursuant to this chapter is void.

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f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public City during which time that subdivision was in effect. g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing City made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.

However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the City that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The City shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

Contractor’s License Number: _____________________________________________ License Expiration Date: _____________________________________________ Authorized Signature: _____________________________________________ Date: _____________________________________________

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-1

SECTION E

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA E-STANDARD SPECIFICATIONS

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STANDARD SPECIFICATIONS

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
0-1 INCORPORATION OF GREENBOOK. The latest edition of the Standard Specifications for Public Works Construction (“SSPWC” or “Greenbook”) shall be incorporated by reference into these Standard Specifications, with the exception of Part 1 “General Provisions” which shall be replaced in its entirety by the following provisions. To the extent that anything in these Standard Specifications conflicts with the terms or requirements of the SSPWC, these provisions shall control. 1-1 TERMS – Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-2 DEFINITIONS
Acceptance – The City’s formal written acceptance of a project that has been completed in all respects in accordance with the plans and specifications and any modifications thereof.

Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids.

City – The City of Barstow.

Agent – Shall include persons and companies, other than the Contractor, retained by the City to perform design and construction services in relation to the Work.

Agreement – See Contract.

Assessment Act Contract – A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City of County.

Base – A layer of specified material of planned thickness placed immediately below the pavement or surfacing.

Bid – The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work.

Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative.

Board – The officer or body constituting the awarding authority of the City.

Bond – Bid, performance, and payment bond or other instrument of security.

Cash Contract – A Contract financed by means other than special assessments.

Change Order – A written order to the Contractor signed by the City directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor.

City – The City of Barstow, California, as the City and Owner.

City Council – City Council of the City of Barstow, California.

Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California.

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Construction Manager – Persons and/or company retained by the City to perform construction management services.

Contract – The written agreement between the City and the Contractor covering the Work.

Contract Documents – Including, but not limited to: the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the general conditions, permits from other agencies, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract.

Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the City to perform the Work. In the case of work being done under permit issues by the City, the permittee shall be construed to be the Contractor. The term “prime contractor” shall mean Contractor.

Contract Price – The total amount of money for which the Contract is awarded.

Contract Unit Price – The amount stated in the Bid for a single unit of an item of work.

County Sealer – The Sealer of Weights and Measures of the county in which the Contract is let.

Days – Days shall mean consecutive calendar’s days unless otherwise specified.

Design Engineer – Persons and/or company retained by the City to perform engineering design services.

Due Notice – A written notification, provided in due time, of a proposed action, where the contract requires such notification within a specified time (usually 48 hours or two working days) prior to the commencement of the contemplated action.

Electrolier – Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc.

Engineer – The City Engineer of the City of Barstow, or his/her authorized representative.

Geotechnical Engineer – Person licensed to practice Soils Engineering or Geotechnical Engineering pursuant to the laws of the State of California and retained by the City during construction.

Geotextile – Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration.

House Connection Sewer – A sewer, within a public street or right-of-way, proposed to connect any parcel, lot or part of a lot with a mainline sewer.

House Sewer – A sewer, wholly within private property, proposed to connect any building to a house connection sewer.

Luminaire – The lamp housing including the optical and socket assembles (and ballast if so specified).

Luminaire Arm – The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire.

Modification – Includes Change Orders and Supplemental Agreements. A Modification may only be issued after the effective date of the Contract.

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Notice of Award – The written notice by the City to the successful Bidder stating that upon compliance by it with the required conditions, the City will execute the Contract.

Notice to Proceed – A written notice given by the City to the Contractor fixing the date on which the Contract time will start.

Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity.

Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work.

Private Contract – Work subject to City inspection, control, and approval, involving private funds, not administered by the City.

Prompt – The briefest interval of time required for a considered reply, including time required for approval by a governing body.

Proposal – See Bid.

Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date.

Roadway – The portion of a street reserved for vehicular use.

Service Connection – Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer.

Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial waste.

Special Provisions – Additions and revisions to the Standard Specifications setting for the conditions and requirements peculiar to the Work.

Specifications – Standard Specifications, Reference Specifications, Special Provisions, and specifications in Supplemental Agreements between the Contractor and the Board.

Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc.

Standard Plans – “Standard Plans for Public Works Construction” or “SSRWC” – Latest edition of the Southern California Chapter of the American Public Works Association.

State Standard Specifications (“SSS”) – Standard Specifications prepared by the State of California, Business and Transportation City, Department of Transportation.

State Standard Plans (“SSP”) – Standard Plans prepared by State of California, Business and Transportation City, Department of Transportation.

State – State of California.

Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm water.

Street – Any road, highway, parkway, freeway, alley, walk, or way.

Subbase – A layer of specified materials of planned thickness between a base and the subgrade.

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Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work.

Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other materials is placed. For structures, the soil prepared to support a structure.

Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the City in becoming a party to the Contract. Except as specifically stated herein, supervision by the City shall not mean active and direct superintendence of details of the Work.

Supplemental Agreement – A written amendment of the Contract Documents signed by both parties.

Surety – Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred.

Tonne – Also referred to as “metric ton” — Represents a unit of measure in the International System of Units equal to 1,000 kilograms.

Utility – Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement.

Work – That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services.

Working Days – Any days, except: (1) Saturdays, Sundays, legal holidays on which Barstow City Hall is closed for business; (2) days when work is suspended by the Engineer for reasons unrelated to the performance of the contractor, and provided in Subsections 6-3 and 6-3.1; and (3) days determined to be non-working in accordance with Section 6-7 “Time of Completion” 1-3.2 COMMON USAGE TERMS
These Standard Specifications incorporate by reference the list of common usage terms in the edition of the “Standard Plans for Public Works Construction” (aka the Greenbook) with the following additions:

ARAM Asphalt Rubber Aggregate Membrane
ARHM Asphalt Rubber Hot Mix
1-3.3 INSTITUTIONS
These Standard Specifications incorporate by reference the list of commonly used institution terms in the edition of the “Standard Plans for Public Works Construction” (aka the Greenbook) with the following additions:

ACI American Concrete Institute
AGCA Associated General Contractors of America
APWA American Public Works Association
ASME American Society of Mechanical Engineers

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CRSI Concrete Reinforcing Steel Institute
CSI Construction Specifications Institute
IEEE Institute of Electric and Electronic Engineers
NFPA National Fire Protection Association
SSS State of California Standard Specifications, latest edition, Department of Transportation SSP State of California Standard Plans, latest edition, Department of Transportation.

SSPWC Standard Specifications for Public Works Construction NEMA National Electrical Manufacturers Association
1-4 UNITS OF MEASURE
1-4.1 General. The International System of Units, also referred to as SI or the metric system, is the principal measurement system in these specifications and shall be used for construction, unless otherwise stated in the Contract Documents. U.S. Standard Measures, also called U.S. Customary System, are included in parenthesis. SI units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. If U.S. Standard Measures are specified for use in the contract documents, then all values used for construction shall be U.S. Standard Measures shown in parenthesis. However, certain materials specifications and test requirements contained herein use SI units specifically and conversions to U.S.

Standard Measures have not been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control.

Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors.
1-4.2 Units of Measure and Their Abbreviations.

U.S. Customary Unit Equal To SI Unit
(Abbreviations) (Abbreviations)
1 mil (= 0.0001 in) ........................................................ 25.4 micrometer (μm) 1 inch (in) ...................................................................... 25.4 millimeter (mm) 1 inch (in) ...................................................................... 2.54 centimeter (cm) 1 foot (ft) ...................................................................... 0.3048 meter (m) 1 yard (yd) .................................................................... 0.9144 meter (m) 1 mile (mi) .................................................................... 1.6093 kilometer (km) 1 square foot (ft2) ......................................................... 0.0929 square meter (m2) 1 square yard (yd2) ....................................................... 0.8361 square meter (m2) 1 cubic foot (ft3) ........................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .......................................................... 0.7646 cubic meter (m3) 1 acre ............................................................................ 0.4047 hectare (ha)

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1 U.S. gallon (gal) .......................................................... 3.7854 Liter (L) 1 fluid ounce (fl. oz.) ..................................................... 29.5735 milliliter (mL) 1 pound mass (lb) (avoirdupois) .................................. 0.4536 kilogram (kg) 1 ounce mass (oz) ......................................................... 0.02835 kilogram (kg) 1 Ton (= 2000 lb avoirdupois) ...................................... .09072 Tonne (= 907 kg) 1 Poise .......................................................................... 0.1 pascal ̇second (Pa ̇s) 1 centistoke (cs) ........................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf) ....................................................... 4.4482 Newton (N) 1 pounds per square inch (psi) ..................................... 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) ..................................... 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ............................................ 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) ................... 1.3558 Watt (W) 1 part per million (ppm) 1 milligram /liter (mg/L)
Temperature Units and Abbreviations
Degree Fahrenheit ( ̊F): Degree Celsius ( ̊C):
̊F = (1.8 x ̊C) + 32 ̊C = (̊F – 32) / 1.8
SI Units (abbreviation) Commonly Used in Both Systems
1 Ampere (A)
1 Volt (V)
1 Candela (cd)
1 Lumen (lm)
1 second (s)
Common Metric Prefixes
kilo (k) ............................................................. 103 centi (c) ........................................................... 10 -2
milli (m) .......................................................... 10-3 micro (μ) ......................................................... 10-6 nano (n) .......................................................... 10-9 pico (p) ........................................................... 10-12

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1-5 SYMBOLS.

Δ Delta, the central angle or angle between tangents
∠ Angle
% Percent
‘ Feet or minutes
“ Inches or seconds
1 Number
/ per or (between words)
̊ Degree
PL Property line
CL Centerline
SL Survey line or station line
SECTION 2 – SCOPE AND CONTROL OF WORK
2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instructions to Bidders, or Notice Advertising for Bids. The City reserves the right to reject any or all proposals.

The Contract will be awarded, if at all, to the lowest responsible and responsive Bidder determined as provided on the Proposal Form, whose proposal complies with all the requirements prescribed. Such award, if made, will be made within the number of days stated in the proposal form. Refusal or failure to deliver the executed contract, bonds, or insurance in the form provided in the Contract and approved by the City’s attorney within the time provided herein shall be cause, at the City’s option, for the annulment of the award and forfeiture of the bid security. In such event, the City may successively award the Contract to the next lowest responsible and responsive Bidder until a properly executed Contract, bonds, and insurance is obtained, or it may at any time reject all remaining bids and proceed as provided by law.

The refusal or failure of a successive lowest responsible and responsive Bidder to execute the Contract may, at the City’s option, result in an annulment of the award to that Bidder and the forfeiture of that Bidder’s bid security. The periods of time specified above within which the award of the Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the City and the concerned Bidder.

The City reserves the right to waive any irregularities.

Within ten (10) calendar days after the date of the Notice of Award, the Contractor shall execute and return the following contract documents to the City:

Contract Agreement (in duplicate)
Faithful Performance Bond (in duplicate)
Maintenance Bond (in duplicate)
Payment Bond (in duplicate)
Public Liability and Property Damage Insurance Certificate (two original) Additional Insured Endorsement
Workers’ Compensation Insurance Certificate (two original)

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A corporation to which an award is made may be required, before the Contract agreement is executed by the City, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.
2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the Extent permitted by law. Any assignment of money shall be subject to all property withholdings in favor of the City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the City for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS.
2-3.1 General. Each Bidder shall comply with the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information:

The Bidder shall set for the in the Bid, as provided in 4104:
“(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.” “(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid.”
Subcontracting of more than one-half of one percent of the work for which no Subcontractor was designated in the original Bid will be allowed only in cases of public emergency or necessity and only after the Engineer makes a written finding of circumstances constituting public emergency or necessity.

The Contractor must obtain written consent of the City Council to substitute a Subcontractor designated in the original Bid, to permit any subcontract to be assigned or transferred, or to otherwise allow a subcontract to be performed by anyone other than the originally designated Subcontractor.

A violation of any of the above provisions will be considered a violation of the Contract, and the City may cancel the Contract and collect appropriate damages or assess the Contractor a penalty of not more than ten (10) percent of the subcontract involved.

If subcontracted work is not being performed in a satisfactory manner, the City will notify the Contractor of the need to take corrective action and the Engineer may report the facts to the City Council.

Upon order by City Council and the Contractor’s receipt of written instructions from the Engineer, the Subcontractor shall immediately be removed from the Work and may not again be employed on the Work.
2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control.

The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be deducted from the

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Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the City in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer.

Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. All persons engaged in the Work, including Subcontractors and their employees, will be considered employees of the Contractor. The Contractor will be held responsible for their work. The City will deal directly and solely with the Contractor and make all payments to the Contractor.
2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the City to be approved by the Board in the amounts and for the purposes noted below. Bond issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the City. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660(a). The Bidder shall pay all bond premiums, costs, and incidentals.

Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.

The Bidder shall provide two good and sufficient surety bonds. The “Payment Bond” (Materials and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of materials suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the Work is accepted by the City and until all claims for materials and labor are paid and shall otherwise comply with the Civil Code.

The “Performance Bond” shall be for 100 percent of the Contract Price to guaranty faithful performance of all work, within the time prescribed, in manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. The bond must remain in effect until the end of all warranty periods set forth in the Contract.

Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the City.

Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the Board.

Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety.

The PAYMENT BOND shall remain in force until thirty-five (35) calendar days after the date of recordation of the Notice of Completion. The FAITHFUL PERFORMANCE BOND shall remain in force until the date of recordation of the Notice of Completion. The MAINTENANCE BOND shall remain in force until one (1) year after the date of recordation of the Notice of Completion.

All bonds must be accompanied by a Power of Attorney.

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2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times.

The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both.

The Plans shall be supplemented by such working drawings and shop drawings are necessary to adequately control the Work.

The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid.

Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor.

The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer.

All final locations determined in the field, and any deviations from the Plans and Specification, shall be marked in red on the documents to show the as-built conditions. Contractor shall maintain a complete and accurate record of all changes of construction from that shown in these plans and specifications for the purpose of providing a basis for construction record drawings. No changes shall be made without prior written approval of the Engineer. Upon completion of the Project, Contractor shall deliver this record of all construction changes to the Engineer along with a letter which declares that other than these noted changes “the Project was constructed in conformance with the Contract Documents.” Final payment will not be made until this requirement is met.

As the figured dimensions shown on the drawings and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions shall be followed in preference to the scaled dimensions, and drawings to a large scale shall be followed in preference to the drawings to a small scale. Should it appear that the work to be performed, or any related matter, are not sufficiently detailed or explained in the Contract documents, the Contractor shall apply to the Engineer for such further explanations as necessary and shall conform to such further explanations provided by the Engineer as part of the Contract to the extent that it is consistent with the terms of the Contract.

Caution: The engineer preparing these plans will not be responsible or liable for unauthorized changes to or uses of these plans. All changes to the plans must be approved in writing by the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between any of the Contract Documents, the document highest in precedence shall control. The precedence shall be as follows:
1) Permits issued by jurisdictional regulatory agencies. 2) Change Orders and/or Supplemental Agreements; whichever occurs last. 3) Contract/Agreement
4) Addenda.
5) Bid/Proposal.
6) Special Provisions.
7) Plans.

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8) Standard Plans.
9) Standard Specifications.
10) Reference Specifications.

Detail drawings take precedence over general drawings.
2-5.3 Submittals.
2-5.3.1 General. Submittals shall be provided, at the Contractor’s expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer.

Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required be performed before the required submittals have been reviewed and accepted by the Engineer.

Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals.

The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal.
2-5.3.2 Working Drawings. Working drawings are drawings showing details no shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details.

Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible.

Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions.
2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verifications of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions:
1) List of Subcontractors per 2-3.2.
2) List of Materials per 4-1.4.
3) Certifications per 4-1.5.
4) Construction Schedule per 6-1.
5) Confined Space Entry Program per 7-10.4.4.

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6) Concrete mix designs per 201-1.1
7) Asphalt concrete mix designs per 203-6.1.
8) Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work.

Any plan or method of work suggested by the City or the Engineer to the Contractor but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City and the Engineer shall assume no responsibility therefore and in no way be held liable for any defects in the work which may result from or be caused by use of such plan or method of work.
2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidder or the Contractor at their own expenses.
2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the City. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions.

When the Contractor arranges for additional work areas and facilities temporarily required by him/her, he/she shall provide the City with proof that the additional work areas and/or facilities have been left in a condition satisfactory to the owner(s) of said work areas and/or facilities prior to acceptance of the work. 2-9 SURVEYING.
2-9.1 Permanent Survey Markers. The contractor shall notify the Engineer, or the owner on a Private Contract, at least 7 days before starting work to allow for the preservation of survey monuments, lot stakes (tagged), and bench marks. The Engineer, or the owner at its cost, shall file a Corner Record Form referencing survey monuments subject to disturbance in the Office of the County Surveyor prior to the start of construction and also prior to the completion of construction for the replacement of survey monuments. The Contractor shall not disturb survey monuments, lot stakes (tagged), or bench marks without the consent of the Engineer or the owner on Private Contracts. The Contractor shall bear the expense of replacing any that may be disturbed without permission. Replacement shall be done only under the direction of the Engineer by Registered (licensed) Licensed Land Surveyor or a Registered Civil Engineer authorized to practice land surveying within the state.

When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument cover to the new grade within 7 days of finished paving unless otherwise specified. 2-9.2 Survey Service. Except for private contracts, the Engineer will perform and be responsible for the accuracy of surveying adequate for construction. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Engineer at the expense of the Contractor.

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The Contractor shall notify the Engineer in writing at least 2 working days before survey services will be required in connection with the laying out of any portion of the Work. The contractor shall dig all holes necessary for line and grade stakes.

Unless otherwise specified, stakes will be set and stationed by the Engineer for curbs, headers, sewers, storm drains, structures, and rough grade. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet.
2-9.3 Line and Grade. The Contractor shall be responsible for all survey and layout of work.

The line and grades for construction will be parallel to and offset from the position of the work. From the established lines and grades, the Contractor shall extend the necessary lines and grades for construction of the work and shall be responsible for the correctness of same.

All work shall conform to the lines, elevations, and grades shown on the Plans.

Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work.

Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench.
2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative.

The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of materials, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract.

The City shall inspect for compliance with requirements for 8-hour days and 40-hour weeks on normal working days. The Contractor shall reimburse the City, at rates established by the City, for any additional inspection, including inspection on legal holidays.

SECTION 3 – CHANGES IN WORK
3-1 CHANGES REQUESTED BY THE CONTRACTOR.
3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the City, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes.
3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the City.

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3-2 CHANGES INITIATED BY THE CITY.
3-2.1 General. The City may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and City, unless both parties agree to proceed with the change-by-Change Order.

Change Orders shall be in writing and state the dollar value of the change or establish the method of payment, any adjustment in the Contract time of completion, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance. 3-2.2 Contract Unit Prices.
3-2.2.1 General. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price.

If the actual quantity of an item of work covered by Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 25 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 25 percent, payment will be made per 3-2.2.2 or 3-2.2.3 as appropriate.

If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per 3-2.4. 3-2.2.2 Increases of More than 25 Percent. Should the actual quantity of an 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, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the City, or at the option of the Engineer, on the basis of Extra Work per 3.3.

The Extra Work per 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 125 percent of the Bid quantity at the Contract Unit Price.
3-2.2.3 Decreases of More Than 25 Percent. 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 of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the contractor and the City, or at the option of the Engineer, on the basis of Extra Work per 3.3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 75 percent of the Bid quantity at the Contract Unit Price.
3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the City in the Contract Documents. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions.
3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per 3-2.2, established by mutual agreement between the Contractor and the City. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per 3-3, except as otherwise specified in 3-2.2.2 and 3-2.2.3.

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3-2.5 Eliminated Items. Should any Bud item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer stating its elimination.

If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for the material cannot be canceled, payment will be made to the Contractor for the actual cost of the materials.

In this case, the material shall become the property of the City. Payment will be made to the Contractor for its actual costs for any further handling. If the materials are returnable, the materials shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor.

Actual costs, as used herein, shall be computed on the basis of Extra Work per 3-3. 3-3 EXTRA WORK.
3-3.1 General. New or unforeseen work will be classified as “extra work” when the Engineer determines that it is not covered by the Contract Unit Prices or stipulated unit prices. 3-3.2 Payment.
3-3.2.1 General. When the price for the extra work cannot be agreed upon, the City will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs.
(a) Labor. The costs of labor will be the actual costs for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collection bargaining agreements.

The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid.

Non direct labor costs, including superintendence, shall be considered part of the markup of 3-

3.2.3(a).
(b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery.

The City reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any materials provided by the City.
(c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less.

Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.

The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals.

Necessary loading and transportation costs for equipment used on the extra work shall be included.

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If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the City than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the City.

All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer’s ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer.

The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The City may authorize other items which may be required on the extra work, including labor, services, materials, and equipment. These items must be different in their nature from those required for the Work and be of a type not ordinarily available from the Contractor of Subcontractors.

Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors’ invoices for materials, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the City may establish the cost of the item involved at the lowest price which was current at the time of the report.
3-3.2.3 Markup.
(a) Work by Contractor. Unless otherwise provided in the Special Provisions, a reasonable allowance for overhead and profit shall be added to the Contractor’s costs as determined under 3-3.2.2 and shall constitute the markup for all overhead and profit on work by the Contractor. The Contractor shall also be compensated for the actual increase in the Contractor’s bond premium caused by the extra work.
(b) Work by Subcontractor. When any of the extra work is performed by a Subcontractor, the markup established in 303.2.3(a) shall be applied to the Subcontractor’s costs as determined under 3-

3.2.2. Unless otherwise provided in the Special Provisions, a reasonable allowance for the Contractor’s overhead and profit shall be added to the sum of the Subcontractor’s costs and markup and shall constitute the markup for all overhead and profit for the Contractor on work by the Subcontractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the City. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor.

The report shall:

1. Show names of workers, classifications, and hours worked.

2. Describe and list quantities of materials used.

3. Show type of equipment, size, identification number, and hours of operations, including loading and transportation, if applicable.

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4. Describe other services and expenditures in such detail as the City may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed.

1. Subsurface or latent physical conditions differing materially from those represented in the Contract;

2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and

3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that the conditions are changed conditions and will materially affect costs, a Change Order will be issued adjusting the compensation for such portion of the Work in accordance with 3-2.2. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6.

If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees.

Should the Contractor disagree with the decision, it may submit a written notice of potential claim to the Engineer before commencing the disputed work. In the event of such a dispute, the Contractor shall not be excused from any scheduled completion date provided by the Contract and shall proceed with all work to be performed under the Contract. However, the Contractor shall retain any and all rights provided by either Contract or law which pertain to the resolution of disputes and protests between the contracting parties. The Contractor shall proceed as provided in 3-5.

The Contractor’s failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. 3-5 DISPUTED WORK. If the Contractor and the City are unable to reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Payment shall be as later determined by mediation or arbitration, if the City and Contractor agree thereto, or as fixed in a court of law.

Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with 3-3.

SECTION 4 – CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.1 General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Materials and work quality shall be subject to the Engineer’s approval.

Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the contractor, at its expense, when so directed by the Engineer.

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If the Contractor fails to replace any defective or damaged work or materials after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor.

Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications.

The Contractor and all subcontractors, suppliers, and vendors shall guarantee that the entire Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship.

The Contractor, at no cost to the City, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one-year period, the Contractor shall also restore to full compliance with the requirements of this Contract any portion of the Work which is found not to meet those requirements. The Contractor shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from claims of any kind due to injuries or damages arising, directly or indirectly, from said defects or noncompliance.

The Contractor shall make all repairs, replacements, and restorations within thirty-five (35) days after the date of the Engineers’ written notice.

If, in the opinion of the Engineer, the defective work is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if, in the opinion of the Engineer, the removal of such work is impractical or will create conditions which are dangerous or undesirable, the City shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but will make such deductions thereof in the payments due or to become due to the Contractor as the City may deem just and reasonable.
4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract.

The Contractor shall not, without the City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract.
4-1.3 Inspection Requirements.
4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations.

Steel pipe in sizes less than 450 mm (18 inches) and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the specifications, subject to sampling and testing by the City. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section.
4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 80 km (50 miles) outside the geographical limits of the City, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The

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contractor shall forward reports required by the Engineer. No materials or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements.
4-1.3.3 Inspection by the City. The City will provide all inspection and testing laboratory services within 80 km (50 miles) of the geographical limits of the City. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Materials. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the City. The Contractor, at tis expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Except as elsewhere specified, the City will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The Contractor shall bear the cost of all other tests, including the retesting of material or workmanship that fails to pass the first test.

The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material.

If the notice of intent to use is sent before the materials are available for testing or inspection or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the Engineer when samples which are representative may be obtained.
4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer’s written certification that the materials to be supplied meet those requirements.

Materials test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified.

Adequate time shall be allowed for the Engineer to make this determination.

Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. Approval of equipment and materials offered as equivalents to those specified must be obtained prior to the opening of bids as set forth in the Instructions to Bidders.

The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function.

Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent.

The Engineer’s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer.

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

The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section.

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Along with information supplied by the Contractor regarding equivalency of the proposed item, the Contractor shall clearly identify all deviations from the specified item. Deviations discovered by the Engineer after acceptance of an “or equal” item which were not identified by the Contractor with his/her submittal shall be cause for rejection of the “or equal” item. Contractor shall be due no additional compensation in time or money for acceptance or rejection of a proposed “or equal” item and subsequent replacement with the item specified. Contractor shall pay cost to City for items requiring more than two submittals and analysis of any shop drawing which requires more than a general review of an “or equal” item.
4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County.

The accuracy of the work of a scale service City, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the City.

All scales shall be arranged so they may be read easily from the operator’s platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down.

Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch.
4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing City acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer.
4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the City and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials’ tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the City and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded.

Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient’s agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the City and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer.

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The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the City and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification.

The first two engineers previously selected shall then select one of the court proposed engineers in a blind draw.

The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary, gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion.

Once started, the resolution process by committee shall continue to full conclusion unless:

1. Within 7 days of the formation of the committee, the City and the Contractor reach an acceptable resolution mechanism; or

2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or

3. At any point by the mutual agreement of the City and the Contractor.

Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the City or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded.

SECTION 5 – UTILITIES
5-1 LOCATION. The Permittee (in the case of Private Contracts) and the City (in the case of Cash or Assessment Act Contracts), will search known substructure records and furnish the Contractor with copies of documents which describe the location of utility substructures, or will indicate on the Plans for the project those substructures (except for service connections) which may affect the Work. Information regarding removal, relocation, abandonment, or installation of new utilities will be furnished to prospective bidders.

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

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

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The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of is subsurface installations.

The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-1.1 MANDATORY NOTIFICATION PRIOR TO EXCAVATION
The Contractor’s attention is directed to Section 4215.5 through 4217 of the Government Code of the State of California. This requires that two (2) working days prior to commencing any excavation “Underground Service Alert of Northern California” (USA) shall be notified by phone, toll free 1-800- 227-2600, for the assignment of an Inquiry Identification Number.

Construction Contractor shall contact all utility companies at least five (5) working days prior to commencing work and shall verify the location of any known utilities and determine whether or not a representative of each company will be present during excavation:

Additionally, the Contractor shall also notify local entities of his/her schedule fourteen (14) days prior to commencing work, including local refuse collectors, street sweepers, the Post Office, Public Schools, and Bus Companies.

No excavation shall commence unless the Contractor has obtained the USA Inquiry Identification Number.
5-1.2 ACCURACY OF UTILITIES INFORMATION
The locations of known existing major utilities, whether above ground or underground, are indicated on the plans. Information and data reflected in the Contract Documents with respect to underground and above ground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such utilities, and the City does not assume responsibility for the accuracy or completeness thereof. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide uninterrupted service and to provide such special protection as may be necessary.

The Contractor shall be responsible for determining the location and depth of all underground facilities, including service connections, which may affect or be affected by his/her operations and he/she shall include the cost to pothole all utilities within the limits of work in his/her bid. If an existing utility line, which has been marked by Underground Service Alert or is shown on the plans, is damaged by the Contractor, the Contractor shall repair the line and bear the cost thereof.

Contractor shall be aware that electrical conduits between street and traffic lights may exist beneath pavement and/or sidewalk in areas where such lights are in place and that said conduits are not shown on these plans.

In the event that the Contractor damages any existing utility lines that are not shown, shown incorrectly or the locations of which are not made known to the Contractor prior to excavation, a telephone call and written report shall be made immediately to the Utility owner, the Engineer, and to the City. If directed by the City, the Contractor shall make repairs under the provisions for changes and extra work contained in SECTION 3 - CHANGES IN WORK of the SSPWC Standard Specification. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the City. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff.

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Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense.

Upon learning of the existence and location of any utility omitted from or sown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in 3-2.2.3 or 3-3.

The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged.

When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense:

1. Furnish and install a 50 mm (2 inch) cushion of expansion joint material or other similar resilient material; or

2. Provide a sleeve or other opening which will result in a 50 mm (2 inch) minimum-clear annular space between the concrete and the utility; or

3. Provide other acceptable means to prevent embedment in or bonding to the concrete.

Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system.
5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the City whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals.
5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the City will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except as provided in 301-1.6. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation.

After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with 3-2.

When the Plans of Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work.

Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs.

The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When not otherwise required by the plans and specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between the meter and limits of construction. The relocation of such service connections will be paid for in accordance with provisions of 3-3. Payment will include the restoration of all existing improvements which may be affected thereby.

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The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The City will not be involved in any such agreement. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities.

The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with 5-1.

The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans.

The City will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of City to provide for the timely removal, relocation, or protection of such existing facilities. 5-6 COOPERATION. When necessary, the Contractor shall conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work.

SECTION 6 – PROSECUTION, PROGRESS, AND

ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. After notification of award and prior to start of any work, the Contractor shall submit its proposed construction schedule to the Engineer for approval. The construction schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show chronological relationship of all activities of the project. These include, but are not limited to: estimated starting and completion dates of various activities, submittal of shop drawings to the Engineer for approval, procurement of materials and scheduling of equipment. The construction schedule shall recognize the requirements of 5-5 and reflect completion of all work under the Contract within the specified time and in accordance with the Specifications.

Unless otherwise provided, the Contract time shall commence upon the date of issuance of a notice to proceed. The Work shall start within 15 days thereafter and be diligently prosecuted to completion within the time provided in the Specifications.

If the Contractor desires to make a major change in the method of operations after commencing construction, or if the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineer a revised construction schedule in advance of beginning revised operations.

The Engineer may waive these requirements for work constructed under permit.

Prior to issuing the Notice to Proceed, the Engineer will schedule and conduct a pre-construction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor’s Bid. Should the Contractor fail to take the necessary steps to

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fully accomplish said purposes, after orders of the Engineer to do so, the City may suspend the work in whole or in part, until the Contractor takes said steps at no cost to the City.

As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work.

If Work is suspended through no fault of the City, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the City may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability.

The Contractor shall submit monthly progress reports to the Engineer by the tenth day of each month. The report shall include an updated construction schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-3 SUSPENSION OF WORK.
6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the City. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the City except as otherwise specified in 6-6.3.
6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer.

Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils.

The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of 6-6.
6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the City’s interest, or, if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract.

The Contract may be canceled by the Board without liability for damage, when in the Board’s opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the City by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the City declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within 5 days, assume control and perform the Work as successor to the Contractor.

If the Surety assumes any part of the Work, it shall take the contractor’s place in all respects for that part, and shall be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.

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If the Surety does not assume control and perform the Work within 5 days after receiving a notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the City within 5 days after the completion, all costs in excess of the sums due.

The provisions of this subsection shall be in addition to all other rights and remedies available to the City under law.
6-5 TERMINATION OF THE CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, o9r by official action of a public authority.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications.

No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and the approved construction schedule.

If delays beyond the Contractor’s control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the City. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3.

If delays beyond the Contractor’s control are caused solely by action or inaction by the City, such delays will entitle the Contractor to an extension of time as provided in 6-6.2. 6-6.1.1 Notice of Delays
Whenever the Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which the Contractor regards as unavoidable, he/she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause so that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if prevention is not possible, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent it will delay the prosecution and completion of the work. It will be concluded that any and all delays which have occurred in the prosecution and completion of the work have been avoidable delays, except such delays as shall have been called to the attention of the Engineer at the time of their occurrence and found by him/her to have been unavoidable. The Contractor shall make no claims for any delay not called to the attention of the Engineer at the time of its occurrence as an unavoidable delay.
6-6.1.2 Avoidable Delays
Avoidable delays in the prosecution or completion of the work shall include all delays which in the opinion of the Engineer would have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor of his/her subcontractors. The following shall be considered

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avoidable delays within the meaning of the contract: 1) Delays in the prosecution of parts of the work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work or the completion of the whole work within the time herein specified; 2) Reasonable loss of time resulting from the necessity of submitting samples of materials and drawings to the Engineer for approval and from performing tests of materials, measurements, and inspections; 3) Reasonable interference of other contractors employed by the City and/or other contractors working in the area which do not necessarily prevent the completion of the whole work within the time agreed upon; 4) Delays resulting from inaccurate or incomplete shop drawing submittals; and 5) Interference of other contractors performing concurrent work.
6-6.1.3 Extension of Time
In case the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for delay in accordance with Paragraph 6-9.1. The City, however, shall have the right to grant an extension of time for avoidable delay if it is deemed in his/her best interest to do so. During such extension of time, the Contractor will be charged for engineering and inspection services and other costs as provided in Paragraph 6-6.2.1 but will not be assessed damages pursuant to Paragraph 6-9.
6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.2.1 Compensation to City for Extension of Time
Compensation for extension of time for avoidable delay granted pursuant to Paragraph 6-6.1.3 shall be the actual cost to the City for engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the work and which accrue during the period of such extension, except that the cost of final inspection and preparation of the final estimate shall not be included. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the City is responsible. Such actual costs will be determined by the Engineer. The City will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer.

Requests for an extension of time must be delivered to the City within ten (10) consecutive calendar days following the date of the occurrence that caused the delay. The request must be submitted in writing and must state the cause of the delay, the date of the occurrence causing the delay, and the amount of additional time requested. This shall be included as part of a revised construction schedule required in Section 6-1. Requests for extensions of time shall be supported by all evidence reasonably available or known to the Contractor, which would support the extension of time requested. Requests for extensions of time, which are not received within the time specified above, shall result in the forfeiture of the Contractor’s right to receive any extension of time requested.

If the Contractor is requesting an extension of time because of weather, he/she shall supply daily written reports to the City’s representative describing such weather, and the work that could not be performed that day because of such weather or conditions resulting therefrom and that he/she otherwise would have performed.

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6-7 TIME OF COMPLETION
6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. Unless otherwise specified, the time of completion of the Contract shall be expressed in working days.
6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than:

1. Saturday,

2. Sunday,

3. any day designated as a holiday by the City,

4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the contractor as an eligible member of a contractor association,

5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in 6-6.1,

6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in 6-6.1.

The Contractor’s activities shall be confined to the hours between 7:30 a.m. and 4:00 p.m. Monday through Friday. In addition, the Contractor shall not perform any Work on Saturday, Sunday, or on Citydesignated holidays. City-designated holidays are listed in TABLE 1 – CITY-DESIGNATED HOLIDAYS below. Deviation from these hours will be permitted upon approval of the Engineer, except in emergencies involving immediate hazard to persons or property.

Deviations from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. Service fees will be calculated at overtime rates including benefits, overhead, and travel time; and will be deducted from the amounts due the Contractor.

Failure of the Contractor to adhere to working day requirements will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine.

For each OCCURRENCE of a working day or hours’ violation, as provided herein, the Contractor shall pay to the City, or have withheld from monies due to it, the sum of $1,000.00.

TABLE 1 – CITY-DESIGNATED HOLIDAYS
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Day

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EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE CITY AND CONTRACTOR THAT $1,000 PER VIOLATION IS THE MINIMUM VALUE OF THE COST AND

ACTUAL DAMAGED CAUSED BY FAILURE OF THE CONTRACTOR TO LIMIT

PERFORMANCE OF THE WORK BETWEEN THE ALLOTTED TIMES, THAT SUCH SUM SHALL

NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR IF SUCH DELAY OCCURS.
6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor’s written assertion that the Work has been completed.

If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance, it will so certify to the Board, which may accept the completed Work. The Engineer will, in its certification to the Board, give the date when the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect the Work.

All work shall be warranted by the Contractor against defective workmanship and materials for a period of 1 year from the date the Work was completed. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor’s sureties shall be liable for the cost thereof.
6-8.1 General Guaranty
The Contractor shall remedy any defects in the Work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. The City will give notice of observed defects with reasonable promptness.
6-9 FORFEITURE DUE TO DELAY
The Contractor shall complete all or any designated portion of the Work called for under the Contract within the time set forth in Part C (Proposal) of these Specifications.

In accordance with Government Code § 53069.85, and all other applicable law, the Contractor agrees to forfeit and pay the City the amount of Five Hundred Dollars ($500.00) per day for each and every day of unauthorized delay beyond the completion date, which shall be deducted from any monies due or become due to the Contractor. This payment shall be considered liquidated damages. Contractor agrees that such liquidated damages are reasonable under the circumstances existing at the time of execution of the contract, that such liquidated damages are to compensate City for losses that are difficult to measure and that such damages are not a penalty.

Failure of the Contractor to perform any covenant or condition contained in the Contract Documents within the time period specified shall constitute a material breach of this Contract entitling the City to terminate the Contract unless the Contractor applies for, and receives, an extension of time in accordance with the procedures set forth in Section 5-5.

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Failure of the City to insist upon the performance of any covenant or conditions within the time period specified in the Contract Documents shall not constitute a waiver of the Contractor’s duty to complete performance within the designated periods unless the City has executed a waiver in writing.

The City’s agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provision contained in the Contract Documents.

Failure of the Contractor to complete performance promptly within the additional time authorized in a waiver or extension of time agreement shall constitute a material breach of this Contract entitling the City to terminate this agreement.

The Contractor shall not be deemed in breach of this Contract and no forfeiture due to delay shall be made because of any delays in the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor provided the Contractor requests an extension of time in accordance with the procedures set forth in Section 5-5. Unforeseeable causes of delay beyond the control of the Contractor shall include acts of God, acts of a public enemy, acts of the government, acts of the City, or acts of another contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by failure of the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of Contractor or his/her agents, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part of all of the Work or to supply any equipment or materials shall not be excusable delays.

Excusable delays (those beyond the Contractor’s control) shall not entitle the Contractor to any additional compensation. The sole recourse of the Contractor shall be to seek an extension of time. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The City reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the City will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to re-clean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials.

In the even the City exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the City will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents.
6-11 GUARANTEE
The Contractor shall warrant and guarantee the entire Work and all parts thereof, including that performed and constructed by subcontractors, and others employed directly or indirectly on the Work, against faulty or defective materials, equipment or workmanship for the maximum period provided by law. In addition thereto, for a period of one (1) year commencing on the date of acceptance of the Work, the Contractor shall, upon the receipt of notice in writing from the City, promptly make all repairs arising out of defective materials, workmanship or equipment and bear the cost thereof. The City is hereby authorized to make such repairs and the Contractor and Surety shall bear the cost thereof if, ten (10) days after the giving of such notice to the Contractor, the Contractor has failed to make or undertake with due diligence the repairs; provided, however, that, in the case of an emergency where, in the opinion of the City, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor or Surety, and all expense in connection therewith shall be charged to the Contractor and Surety.

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For the purpose of this article “Acceptance of the Work” shall mean the acceptance of the Work by the City in accordance with Subsection 6-8 but not for the purpose of extinguishing any covenant or agreement or agreement on the part of the Contractor to be performed or fulfilled under this Contract, which has not in fact been performed or fulfilled at the time of such acceptance all of such covenants and agreements, shall continue to be binding on the Contractor until they have been fulfilled.

The effective date of Acceptance of the Work and commencement of the Guarantee shall be the date of acceptance of the Notice of Completion by the City Council. 6-12 DISPUTES AND CLAIMS
6-12.1 GENERAL
Any and all decisions made on appeal pursuant to this Subsection 6-12 shall be in writing. Any “decision” purportedly made pursuant to this Subsection 6-12 that is not in writing shall not be binding upon the City and should not be relied upon by the Contractor.

Nothing in this subsection shall be considered as relieving the Contractor from his/her duty to file the notice required under Subsection 6-13 or other duties required by the Contract Documents. 6-12.2 ADMINISTRATIVE REVIEW
Request for review made to the Construction Inspector or Project Engineer may be either oral or written.

Request for review made to the City Engineer shall be made in writing with supporting evidence attached.

The Contractor shall submit each request for review within twenty-one (21) calendar days of receipt of the decision that he/she is requesting.

Prior to demand for arbitration, the Contractor shall exhaust his/her administrative remedies by attempting to resolve his/her dispute or claim with City`s staff in the following sequence:

1. Project Engineer

2. City Engineer
Should the Project Engineer fail to address the Contractor’s request for review of a disputed decision within fourteen (14) calendar days after receiving such request, the Contractor may proceed directly to the City Engineer. At the option of the City, the person to whom the request for review is directed may elect to take such request to a higher level and the Contractor’s request shall be deemed to be properly submitted to such higher level.

The City Engineer shall address disputes or claims within twenty-eight (28) calendar days after receiving such request and all necessary supporting data. The City Engineer’s decision on the dispute or claim shall be the City’s final decision.
6-12.3 ARBITRATION
Claims and disputes arising under or related to the performance of the contract, except for claims that have been released by execution of the “Release on Contract” as provided in Subsection 9-4, shall be resolved in arbitration unless the City and the Contractor agree in writing, after the claim or dispute has arisen, to waive arbitration and to have the claim or dispute litigated in court of competent jurisdiction.

Arbitration shall be conducted, to the extent feasible, pursuant to Chapter 3 (Sections 301-393, inclusive) of Division 2 of Title 1 of the California Code of Regulations except that references therein to the “State Contract Act” shall be construed to mean “applicable law” and “Public City”, or “Department” shall be construed to mean “City” as defined in Subsection 1.2. The arbitration decision shall be decided under and in accordance with California law, supported by substantial evidence, and in writing, contain the basis for the decision, findings of fact, and conclusions of law.

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Arbitration shall be initiated by a Demand for Arbitration. The Contractor shall request a Demand for Arbitration not later than ninety (90) calendar days after the date of the final written decision of the City on the claim or dispute.

All contracts valued at more than $15,000 between the Contractor and his/her Subcontractors and Suppliers shall include a provision that the Subcontractors and Suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the City by all terms and provisions of the Contract, including these arbitration provisions.
6-13 NOTICE OF POTENTIAL CLAIM
The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor shall have given the Engineer due notice in writing, of the potential claim as hereinafter specified, provided, however, that compliance with this Subsection 6-12 shall not be a prerequisite as to any claim that is based on differences in measurements or errors of computation as to the Contract quantities.

Additionally, this Subsection 6-13 shall not supersede the specific notice and protest requirements of Subsection 3-4 “Changed Conditions” and Subsection 6-7.3 “Contract Time Accounting” respectively.

A written notice of potential claim shall set forth the reasons the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. A notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.

It is the intention of this Subsection 6-13 that differences between the parties arising under and by the virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.

SECTION 7 – RESPONSBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

A noise level limit of 85 dba at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job, whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases where required for the protection of personnel.

The Contractor shall arrange and maintain a secure storage site for all equipment and materials. All equipment and unused materials shall be returned to this site at the end of each work day. 7-2 LABOR.
7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work property and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work.
7-2.2 Laws. The Contractor, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State and local laws related to labor.

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The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. Failure to file any report due under said orders will result in suspension of periodic progress payments.

In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates.

Each worker shall be paid subsistence and travel as required by the collective bargaining agreements on file with the State of California Department of Industrial Relations.

The Contractor’s attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor of Subcontractor in connection with the project.

The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code.

The Contractor shall ensure unlimited access to the job site for all Equal Opportunity Compliance officers.

Every Contractor and Subcontractor shall keep an accurate record showing the name, occupation, and the actual per diem wages paid to each worker employed by him/her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the body awarding the Contract and to the Division of Labor Law Enforcement.
7-2.2.1 Overtime and Shift Work
The Contractor may establish overtime and shift work as a regular procedure only with the written permission of the Engineer. Such permission may be revoked at any time. No work other than overtime and shift work established as a regular procedure shall be done between the hours of 4:00 p.m. and 7:30 a.m., nor on Saturdays, Sundays, or legal holidays, except such work as is necessary for the proper care and protection of the work already performed or except in case of an emergency.

All costs for overtime inspection, except those occurring as a result of overtime and shift work established as a regular procedure, shall be paid by the Contractor. Overtime inspection shall include inspection required during holidays observed by the AGC and Trade Unions, Saturdays, Sundays, and any weekday between the hours of 4:00 p.m. and 7:30 a.m. Such costs will include but will not necessarily be limited to engineering, inspection, general supervision and other overhead expenses that are directly chargeable to the overtime work. The City shall deduct all such charges from payments due the Contractor. 7-3 LIABILITY INSURANCE.
7-3.1 GENERAL. CONTRACTOR and CITY agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. CONTRACTOR acknowledges that CITY would not have entered into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth here.
7-3.2 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorneys’ fees incurred by CITY, court costs, interest,

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defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by the CITY. 7-3.3 Without affecting the rights of CITY under any provision of this agreement or this section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable to the sole fault of CITY, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

This exception will apply only in instances where the CITY is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where CITY’s fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all-inclusive and CITY will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the CITY. 7-3.4 CONTRACTOR acknowledges that its obligation pursuant to this section extends to liability attributable to CITY, if that liability is less than the sole fault of CITY. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of CITY.
7-3.5 The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers’ compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to CITY, its employees, agents and officials. 7-3.6 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those as set forth here in this section from each and every subcontractor, sub-tier contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance or subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section.
7-3.7 Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth herein is binding on the successors, assigns or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 7-3.8 CONTRACTOR agrees to provide insurance in accordance with the requirements as set forth here. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by CONTRACTOR and maintained on behalf of CITY and in accordance with the requirements set forth herein. 7-3.9 Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISOCGL form No. CG 00 01 11 85 or 88. Total limits shall be not less than two million dollars ($2,000,000.00) per occurrence for all coverages and two million dollars ($2,000,000.00) general aggregate. CITY and its officers, agents and employees shall be named as additional insureds using ISO additional insureds endorsement form CG 20 10 11 85 (in no event will CITY accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to CITY or any employee or agent of CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a “drop down” provision

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providing primary coverage above a maximum of $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion. Policies shall have concurrent starting and ending dates.

Each policy of insurance shall contain a clause prohibiting cancellation, modification or lapse without thirty (30) days prior written notice having been given to the City. All insurance policies shall be subject to approval by the City Attorney and certificates evidencing such policies shall be provided to the City concurrently with the filing of all required bonds.

7.3.10 Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than two million dollars ($2,000,000.00) per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy drafted above is acceptable.
7-4 WORKERS’ COMPENSATION INSURANCE.
7-4.1 Workers’ Compensation/Employers’ Liability shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars per accident or disease. Employers’ liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the CITY, its officers, agents or employees. 7-4.2 CONTRACTOR and CITY further agree as follows:
7-4.2.1 This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 7-4.2.2 Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 7-4.2.3 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Agreement or any other agreement relating to the CITY or its operations limits the application of each insurance coverage. 7-4.2.4 Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all-inclusive, or to the exclusion of other coverage, or a waiver of any type.
7-4.2.5 For purposes of insurance coverage only, this Agreement shall be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
7-4.2.6 All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit CONTRACTOR, and CONTRACTOR’s agents, officers or employees from waiving the right of subrogation prior to a loss.

Contractor hereby waives all rights of subrogation against CITY. 7-4.2.7 Unless otherwise approved by CITY, CONTRACTOR’s insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of “A:VII.” Self-insurance will not be considered to comply with these insurance specifications.

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7-4.2.8 In the event any policy of insurance required by this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR. Upon CONTRACTOR’s failure to make such reimbursement within 30 days of written demand, CITY may deduct that sum from any monies due CONTRACTOR hereunder or otherwise. 7-4.2.9 CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to CITY, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR’s general liability and umbrella liability policy (if any) using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

CONTRACTOR agrees to provide complete copies of policies to CITY upon request. 7-4.2.10 CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished within 72 hours of the expiration of the coverages. 7-4.2.11 Any actual or alleged failure on the part of CITY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of CITY or any additional insured, in this or any other regard. 7-4.2.12 CONTRACTOR agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement.

CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of CITY, will reserve the right to charge back to CITY the cost of insurance required by this Agreement. CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts on behalf of CITY will be submitted to CITY for review. Failure of CITY to request copies of such agreement will not impose any liability on CITY, its officers, agents, or employees. 7-4.2.13 If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operations are insureds. 7-4.2.14 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR that includes CITY as a defendant. CITY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims. 7-5 PERMITS. Prior to the start of any work, the Contractor shall apply for and receive any applicable City, County, State, and Federal permits.

The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR’S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to

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which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative.

In order to communicate with the City, the Contractor’s representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The City, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work.

The City, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference.

The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work.

Should the Contractor be delayed by the City, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on this project, and any extension of time.

Contractor shall coordinate his/her work so as to minimize disruption to ongoing or scheduled private development projects in the project area.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris.

The Contractor shall also abate dust nuisance by cleaning, sweeping, and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods.

When required by the Plans or Specifications, the Contractor shall furnish and operate a selfloading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete.

Materials and equipment shall be removed from the site as soon as they are no longer necessary.

Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid.

Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned.

Excess excavated material from catch basics or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping.

Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
7-8.1.2 Work Area Appearance
The Contractor shall maintain a neat appearance to the Work.

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All unsuitable construction materials and rubbish and debris shall be regularly removed from the job site, be transported to a suitable location, and be disposed of in a proper and legal manner.

In any area visible to the public, the following shall apply:

1.Broken concrete and debris developed during clearing and grubbing shall be disposed of weekly.

2.The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily.

3.Forms or false work that are to be re-used shall be neatly stacked concurrent with their removal.

4.Forms and false work that are not to be re-used shall be disposed of with their removal.

5.Wash down from concrete trucks shall be at one location. Concrete from wash down procedures shall be removed from the site weekly.
7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority.
7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.
7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps.

Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water City concerned. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution.
7-8.6.1 General
This item shall consist of preparation, implementation and compliance with a storm water pollution prevention plan (SWPPP) for the project, if applicable. 7-8.6.2 SWPPP Preparation
Contractor shall submit to the engineer a completed and signed SWPPP at the preconstruction conference.

The plan may utilize the practices recommended in the California Storm Water Best Management

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Practices Handbook dated January 2007, available from California Stormwater Quality Association (CSQA), and online at http://www.cabmphandbooks.net/ . The plan shall be consistent with the construction General Permit, issued by the State Water Resources Control Board, through submittal of the Notice of Intent (NOI).

If construction will occur between October 15 and April 15 (considered as the rainy season per the City’s Ordinance), a wet weather erosion control plan must be submitted. Additionally, Best Management Practices (BMPs) implemented during the City’s rainy season shall include but not be limited to those appropriate for wet weather conditions.
7-8.6.3 STORM WATER POLLUTION PREVENTION MEASURES
All storm water pollution prevention measures shall be in accordance with the submitted SWPPP. In the event circumstances during the course of construction require changes to the original SWPPP, a revised plan shall be promptly submitted to the City’s representative in each instance. No responsibility shall accrue to the City as a result of the plan or as a result of knowledge of the plan. All work installed by the Contractor in connection with the SWPPP but not specified to become a permanent part of the project shall be removed and the site restored in so far as practical to its original condition prior to completion of construction or when directed by the City’s representative. 7-8.6.4 STORM WATER POLLUTION PREVENTION - MEASUREMENT AND PAYMENT Unless otherwise indicated in the Special Provision, measurement, and payment for Storm Water Pollution Prevention Measures, as described herein, shall be included in the items of Work requiring storm water pollution prevention measures as indicated in the project Special Provisions. Such payment shall be considered full compensation for all labor, materials, tools, and equipment for completion, and implementation and compliance with the SWPPP.
7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas.

Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property.

The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, survey monuments, landscaping, etc.) that are damaged or removed as a result of the Contractor’s operations or as required by the plans and specifications.

All existing improvements, either within the right-of-way or not, including irrigation lines that are damaged by actions of the Contractor, shall be restored by the Contractor to their original or better condition at the Contractor’s expense.

The Contractor shall mark, as approved by the Engineer, all survey monuments, manholes, valves, substructures, or other items that are visible on the surface and will be covered by his operations. This shall be completed prior to the start of that operation and approved by the Engineer.

Existing traffic striping, pavement markings, and curb markings shall also be considered as existing improvements and the Contractor shall repaint or replace, at the Contractor’s expense, such striping or markings (except for traffic striping and pavement markings within the limits of the Work) if damaged or if their reflectivity is reduced due to construction operations.

Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5.

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Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury.

If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch.

The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-ofway which are designated for removal and would be destroyed because of the Work.

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY.

At the pre-construction meeting, the Contractor shall submit his/her complete construction schedule to the Engineer for approval. The Contractor shall submit requests for changes in the schedule to the Engineer for approval at least forty-eight (48) hours prior to the scheduled Work. 7-10.1 Traffic and Access. The Contractor’s operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided.

Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer.

Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 fee), shall be maintained unless otherwise approved by the Engineer.

Vehicular access to residential driveways shall be maintained to the property lien except when necessary, construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access.

The contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services.

Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic.

Unless otherwise authorized, work shall be performed in only one-half of the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street is being improved, the other half shall be conditioned and maintained as a detour.

The Contractor will be required to maintain at least one lane of traffic in each direction through the project area at all times in a manner satisfactory to the Engineer in the form of an engineered traffic control plan. The engineered traffic control plans must be signed by a California registered civil and/or traffic engineer. The plan is a required submittal for review at the pre-construction meeting.

If traffic control on the project shall be implemented by a sub-contractor, such subcontractor must specialize in Traffic Control and be approved by the City Engineer.

The Contractor shall include in its Bid all costs for the above requirements. 7-10.1.2 Parking Restrictions and Posting for Tow Away

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No Parking signs posted by the Contractor, shall be of heavy card stock and not less than 1.75 square feet of surface area on the face. Background color shall be white and letters shall be printed in red waterresistant ink except day, date, and time of restriction may be printed in black water resistant ink. The signs shall be printed with the words “Tow Away” and “No Parking” with a character height of not less than 2.75 inches and a stroke width of not less than 0.5 inches. The day, dated, and time of the particular restriction shall be printed or attached below the above-mentioned wording in characters of not less than

2.0 inches in height and 0.4 inches in stroke width. The day of the week shall be written out or properly abbreviated with three to four letters; date or dates or restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.

Signs shall be mounted such that the wording “No Parking” are at an elevation at least three feet above the adjacent flowline. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted to stakes or barricades as provided by the Contractor. The signs shall be placed as needed to control the parking of cars within the construction zone; signs shall be placed at intervals of 75 feet or less along each side of the roadway.

Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor may only post parking restrictions that are effective for the duration of the Work. Upon completion of the Work, the Contractor shall promptly and completely remove and dispose all signs, stakes, and barricades. The Contractor shall promptly reset or replace all damaged or defective signs.

The Contractor shall be fully responsible for the adequate removal of all parked cars. The Contractor shall coordinate the removal of all vehicles with the Sheriff Department. The Contractor shall notify the Sheriff Communications Center upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the Contractor shall notify the Sheriff Communications Center not less than two hours prior to the needed removal, stating the address nearest the parked vehicle, make, model, color and license number. The City shall not be responsible for any delay or additional costs associated with the removal of parked cars that obstruct the construction operation.

If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.

DEVIATIONS FROM THE REQUIREMENTS OF THIS SUBSECTION WILL BE PERMITTED ONLY ON PRIOR CONSENT OF THE ENGINEER. FAILURE OF THE CONTRACTOR TO

ADHERE TO THE REQUIREMENTS OF THIS SUBSECTION, OR FAILURE OF THE CONTRACTOR TO COMPLETE HIS DAILY SCHEDULE ONCE “TEMPORARY NO PARKING” SIGNS HAVE BEEN POSTED, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE CITY.

SUCH DAMAGES ARE, AND WILL CONTINUE TO BE, IMPRACTICABLE AND EXTREMELY DIFFICULT TO DETERMINE. FOR EACH OCCURRENCE OF A VIOLATION, AS PROVIDED

HEREIN, THE CONTRACTOR SHALL PAY TO THE CITY, OR HAVE WITHHELD FROM MONIES DUE TO IT, THE SUM OF $1,000.00.

EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE CITY AND CONTRACTOR THAT $1,000.00 PER VIOLATION IS THE MINIMUM VALUE OF THE COST

AND ACTUAL DAMAGE CAUSED, THAT SUCH SUM SHALL NOT BE CONSTRUED AS A

PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR.
7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time.

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Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer.

Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site.
7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work.

At least 48 hours in advance of closing, partially closing or reopening, any street, alley, or other public thoroughfare, the Contractor shall notify the Police, Fire, Traffic and Engineering Departments, and comply with their requirements. Deviations must first be approved in writing by the Engineer.

The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required.

All traffic control barricades, signs and devices used by the Contractor shall, as a minimum, conform to the “Manual of Traffic Controls for Construction and Maintenance Work Zones,” adopted by and in current use by the State of California, Department of Transportation. Channelization devices shall be spaced no greater than fifty (50) feet apart. The Contractor shall take additional precautions as he/she may find necessary under the circumstances.

Should the Contractor fail to provide adequate traffic control or safety barricades, and in the event a responsible individual cannot be located or refuses to perform, the City will at its option place needed devices or engage a private firm to place and maintain said barricades, which will be charged to the Contractor directly.

Full street closures will not be allowed prior to City Council approval.

All costs involved shall be included in the Bid.
7-10.4 Safety.
7-10.4.1. Safety Orders. The Contractor shall have at the Work site, copies of suitable extracts of:

Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issues by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations.

Before excavating any trench 1.5 m (5 feet) or more in depth, the Contractor shall submit a detailed plan to the City showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer.

No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer.

Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law.

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7-10.4.2 Use of Explosives. Explosive may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations.

The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations.
7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used.

Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label.

The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions.
7-10.4.4 Confined Spaces.
(a) Confined Space Entry Program. The contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR.

Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following:

1. Training of personnel

2. Purging and cleaning of materials and residue

3. Potential isolation and control of energy and material inflow

4. Controlled access to the space.

5. Atmospheric testing of the space

6. Ventilation of the space

7. Special hazards consideration

8. Personal protective equipment

9. Rescue plan provisions
The Contractor’s submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and City personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required.

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7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the City harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval.

Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades.
7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides:
“In entering into a public works contractor or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.”
SECTION 8 – FACILITIES FOR CITY PERSONNEL
8-1 GENERAL. All facilities provided for City personal shall be at suitable locations approved by the Engineer. Such facilities must in a room, building, or trailer provided for this purposes with an acceptable means for locking.

A Class “A” Field Office in accordance with 8-2.1 shall be provided at any offsite plan facility furnishing pipe subject to City inspection during manufacture. A Field Laboratory in accordance with 8-

3.1 shall be provided at any offsite or project site plant facility furnishing Portland cement concrete or asphalt paving material. Any other facilities for City personnel shall be provided only when required by the Specifications.

Offices and laboratories at plants may be used concurrently by inspection personnel of other agencies provided such use does not seriously conflict with City use. When facilities are shared in this manner, at least one locker provided with a hasp for a padlock must be available for the exclusive use of City inspectors. Otherwise any facilities furnished are for the exclusive use of City personnel.

All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California, and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance.

The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site.

All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered.

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The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications.
8-2 FIELD OFFICE FACILITIES.
8-2.1 Class “A” Field Office. This office shall have a minimum floor space of 16 m2(175 ft2), at least one door, and window area of not less than 2 m2(22 ft2). All doors and windows shall be provided with screens.

Furniture shall be provided as follows: one plan table, one standard 1.5 m (5 feet) long doublepedestal desk with a drawer suitable for holding files, two chairs, one drafting stool, and one plan rack.

Electric power shall be provided to include a minimum of four duplex convenience outlets. The office shall be illuminated at the tables and desk. An outdoor lighting fixture with a 300-watt bulb shall be installed.

Heating and air conditioning of sufficient capacity shall be provided at no expense to the City.

The Contractor shall provide drinking water within the office and integral sanitary facilities directly adjoining. Sanitary facilities shall include a toilet and wash basin with hot and cold running water.

Extended area, non-coin-operated telephone service shall be provided within the office area. The installation shall include sufficient extension code to serve the plan table and desk. 8-2.2 Class “B” Field Office. This office shall be the same as class “A” except that integrated sanitary facilities and air conditioning are not required. A chemical toilet facility shall be provided adjacent to the office.
8-2.3 Class “C” Field Office. The office shall be of suitable proportions with 11 m2(120 ft2) of floor area. It shall be equipped with one 0.9 by 1.5 m (3 by 5 foot) table, four chairs and one plan rack. It shall be adequately heated, ventilated, and lighted and two duplex convenience outlets shall be provided. Air conditioning, telephones, and sanitary facilities are not required. 8-3 FIELD LABORATORIES.
8-3.1 Offsite at Manufacturing Plant. Field laboratories shall conform to the requirements for a Class “C” Field Office specified in 8-2.3 except for the following:

1. Telephone service per 8-2.1.

2. Chair.

3. Work table, 1.2 by 3.0 m (4 by 10 feet), 0.9 m (3 feet) high.

4. Sieves per 203-6.

5. Scales and weights.

6. Burner plate for heating samples.

7. Thermometer, with 90 to 260̊C (200 to 400̊F) degree range (Asphalt Plants only).

8. Air meter for all concrete in accordance with ASTM C 231 of the type that indicates percentage of air directly (Precast Concrete Plants only) All sampling and testing equipment shall be maintained in satisfactory operating condition by Contractor or plant owner. Laboratories shall be located immediately adjacent to and with full view of batching and loading operations.
8-3.2 At Project Site. Field laboratories shall be in accordance with 8-3.1, except that sieves, scales, weights, burner plates, sampling devices, pans, and thermometers will be furnished by the City at no

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expense to the Contractor. If air entraining agents are being used in the Concrete on the project, an air meter of the type described in 8-3.1 shall be furnished by the Contractor. 8-4 BATHHOUSE FACILITIES. When the Plans or Specifications require bathhouse facilities, the following shall be provided.

1. Four lavatories.

2. One toilet in a stall.

3. One 1 m (3 feet) trough-type urinal.

4. One enclosed shower at least 1 by 1 m (3 by 3 feet) with hot and cold water.

5. One bench, 2 m (6 feet) long.

6. Two temporary hand wash stations with sanitary hand wash solution and paper towels.

7. Toilet paper holders.

8. Paper towel cabinet.

9. Wastepaper receptacle.

These facilities shall be serviced twice a week and be provided with necessary sanitary supplies.

These facilities shall be for the use of the public and those who visit the park. 8-5 REMOVAL OF FACILITIES. Field offices, laboratories, and bathhouse facilities at the project site shall be removed upon completion of the Work. Buildings and equipment furnished by the Contractor at the project site under the provisions of this section are the property of the Contractor. 8-6 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, servicing, and removing field officers, laboratories, or bathhouse facilities required at the project site shall be included in the bid item for furnishing such facilities. If such facilities are required by the Plans or Specifications and no bid item is provided in the proposal, the costs shall in included in other items for which bids are entered. Such costs incurred in connection with offices and laboratories at plants shall be borne by the plant owners.

SECTION 9 – MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis.

Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster’s certificates showing actual net weights. The City will accept the certificates as evidence of weights delivered.

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9-1.4 Units of Measurement. Measurements shall be in accordance with 1-4.1 and 1-4.2. a metric ton or “tonne” is equal to 1000 kilograms and the unit of liquid measure is a Liter (in U.S. Standard Measures, a pound is an avoirdupois pound; a ton is 2000 pounds avoirdupois; and the unit of liquid measure is a gallon).
9-2 LUMP SUM WORK. Items for which quantities are indicated “Lump Sum”, “L.S.”, or “Job”, shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto.

When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT
9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of 3-2.2.1.

The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals.

Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected materials not unloaded from vehicles, material rejected after it has been place, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material.

Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded.

Whenever any portion of the Work is performed by the City at the Contractor’s request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the City.

Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor’s responsibility have not been taken and are not reasonably expected to be taken, the City may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such costs from any amount due or becoming due from the City. City action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability.

Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the City. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in 6-10.

Warranty periods shall not be affected by any payment but shall commence on the date equipment or material is placed into service at the direction of the City. In the event such items are not placed into service prior to partial or final acceptance of the project, warranty periods will commence on the date of such acceptance.

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If, within the time fixed by law, a property executed notice to stop payment is filed with the City, due to the Contractor’s failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws.

At the expiration of 35 days from the date of acceptance of the Work by the board, or as prescribed by law, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purposes of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the City’s payment procedure.

Each month, the Engineer will make an approximate measurement of the work performed to the closure date and as basis for making monthly payments, estimate its value based on Contract Unit Prices or as provided for in 9-2. When the Work has been satisfactorily completed, the Engineer will determine the quantity of work performed and prepare the final estimate.

From each progress estimate, 10 percent will be deducted and retained by the City, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater.

No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9.

The closure date for period progress payments will be the twenty-fifth day of each month.

Authorization to pay is commonly received on the second Wednesday of the following month. The City requires four to six weeks to review all progress payments, issue payment checks, present progress payment to Council for approval, and release payment to contractor. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. In addition, the final progress payment will not be released until the Contractor returns the control set of plans and specifications showing the as-built conditions.

The full five (5) percent retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion.

The Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract as provided in Public Contract Code Sections 10263 and 22300.

When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate.
9-3.3 DELIVERED MATERIALS
Materials and equipment delivered but not incorporated into the Work will not be included in the estimate for progress payment
9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work.
9-3.3 DELIVERED MATERIALS

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Materials and equipment delivered but not incorporated into the Work will not be included in the estimate for progress payment

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SECTION F

CDBG ADA BARRIERS PROJECT
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
F-SPECIAL PROVISIONS - 700 SERIES
SECTION 700-1 - SPECIFICATIONS
The work embraced herein shall be done in accordance with the Standard Specifications for Public Works Construction, “Green Book” (SSPWC), 2021 Edition, insofar as the same may apply and in accordance with the following special provisions.

In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions.

SECTION 700-2 - PROSECUTION OF WORK
Following the approval of the contract, a Notice to Proceed will be issued. Contract time shall commence on the day the Contractor begins any work at the construction site, which shall be within 10 WORKING DAYS
Of the date the City of Barstow executes this contract. After such starting date, work shall be diligently prosecuted to completion within:
21 WORKING DAYS
Liquidated damages shall be $1,000.00 per day.

Prior to commencing any work on the project site, Contractor shall obtain encroachment permit from the City of Barstow. The permit will be issued at no cost after the contractor's representative attends a pre-construction conference and all specified requirements are complied with.

SECTION 700-3 - PUBLIC CONVENIENCE AND SAFETY
Any hazardous condition created by the work shall be corrected immediately by the Contractor.

The City Engineer may have corrective work done to meet this requirement, with the cost of such work charged to the Contractor. Access to the work area shall be permitted during normal working hours.

The Contractor shall notify in writing all abutting businesses and residences on the affected streets at least 5 days prior to construction of the project. A second notification shall be distributed 48 hours prior to the beginning of construction. A copy of the notifications shall be submitted in advance to the City Engineer or his representative.

The contractor shall be responsible for all traffic signs and delineation within the work zone and shall conform to the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD). Failure to comply shall result in a halt in construction until corrective measures are

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in place. The City shall not be liable for any delays of work resulting from non-conformance of the California MUTCD and all cost attributed to the halt of construction will be borne by the Contractor.

SECTION 700-4 – CASH ALLOWANCE
Include in the Contract a stipulated Cash Allowances as indicated in the Proposal Schedule for use upon Owner’s instructions only.

The Contractor will be allowed no markup for overhead and profit or bond on Change Orders until the Cash Allowance amount is depleted. Subcontractors and lower tier subcontractors will be allowed markups as indicated (15% total - profit, overhead, and bond).

Funds will be drawn from the Cash Allowance only by written authorization.

At closeout of the contract, funds remaining in the Cash Allowance will be credited to the Owner by Change Order to the Contract.

Include in the Base Bid a cash allowance of $35,000.00.

The cash allowance will be a line item in the proposal and the contractor shall include this amount in the total bid amount.

SECTION 700-5 - PUBLIC CONVENIENCE AND SAFETY
Any hazardous condition created by the work shall be corrected immediately by the Contractor.

The City Engineer may have corrective work done to meet this requirement, with the cost of such work charged to the Contractor. Access to the work area shall be permitted during normal working hours.

The Contractor shall provide “Task Specific” notices, in writing all abutting businesses and residences on the affected streets at least 5 days prior to construction of the project. A second notification shall be distributed 48 hours prior to the beginning of construction of the following: First work activity, Trenching for sewer and water lines, Concrete demolition, Placing of Concrete, Street Demolition/Pulverization, Paving of Street, including slot paving, Cape Seal, and Slurry Seal. A copy of the notifications shall be submitted in advance to the City Engineer or his representative for review and approval.

Each Notice shall contain the following:
• Start Date, and time of work.
• A brief description of the proposed work to be performed. • Information regarding alternative parking and whether or not the street can be used for vehicular traffic.
• Specific date and time that access will be restored.
• Cell phone number of the contractor’s ONSITE supervisor and phone number for the

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City of Monrovia Public Services Department.
• Any other information that may be helpful to residents and/or expedite the execution of the work.

The submittal of the public notification shall be provided in accordance with Section 2-5.3 “Submittals” for Agency review and acceptance.

The contractor shall be responsible for all traffic signs and delineation within the work zone and shall conform to the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD). Failure to comply shall result in a halt in construction until corrective measures are in place. The City shall not be liable for any delays of work resulting from non-conformance of the California MUTCD and all cost attributed to the halt of construction will be borne by the Contractor.

SECTION 700- 6 CONSTRUCTION SPECIFICATIONS & DETAILS
(listed by section numbers compare to Bid Schedule)
8-01 Saw-cut Concrete
Saw-cut concrete in accordance with the requirements of section 300-1.3. c. “Removal and Disposal of Materials” of the SSPWC. Removed material must be hauled to a City approved recycling facility. 8-01.1 Measurement and Payment
Saw-cut concrete will be paid for at the unit price per lineal foot and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-02 Remove Concrete Sidewalks
Remove concrete sidewalk in accordance with the requirements of section 300-1.3. c. “Removal and Disposal of Materials” of the SSPWC. Removed material must be hauled to a City approved recycling facility.
8-02.1 Measurement and Payment
Remove concrete sidewalk will be paid for at the unit price per square foot and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-03 Construct Concrete Sidewalk
Concrete sidewalk shall be constructed as per City of Barstow Standard Plan 114 “Sidewalk”. Concrete shall be constructed of Class 520-C-3000 PCC and construction shall be per Section 303-5 “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways” of the SSPWC. Water to Cement ratio shall not exceed 0.5. Subgrade preparations shall conform to the requirements of section 301-1 of the SSPWC. The contractor is responsible for Special Provisions 700-15 “Protection of New Concrete & Related Items” and 700-16 “Restorations of Parkways”. Contractor shall install ½” felt/expansion joint with caulking at both adjacent sides/perpendicular edges to the longitudinal length of the adjoining sidewalk.

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8-03.1 Measurement and Payment
Concrete sidewalk will be paid for at the unit price per square foot and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-04 Remove Concrete Driveway
Remove concrete driveway in accordance with the requirements of section 300-1.3. c. “Removal and Disposal of Materials” of the SSPWC. Removed material must be hauled to a City approved recycling facility.
8-04.1 Measurement and Payment
Remove concrete driveway will be paid for at the unit price per square foot and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-05 Construct Driveway
Construct Driveway as per City of Barstow Standard Plan 110 “Driveway Approaches”. Concrete shall be constructed of Class 520-C-3000 PCC and construction shall be per Section 303-5 “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways” of the SSPWC.

Water to Cement ratio shall not exceed 0.5. Subgrade preparations shall conform to the requirements of section 301-1 of the SSPWC. Contractor shall install ½” felt/expansion joint with caulking at both adjacent sides/perpendicular edges to the longitudinal length of the adjoining sidewalk. The contractor is responsible for Special Provisions 700-15 “Protection of New Concrete & Related Items” and 700-16 “Restorations of Parkways”.
8-05.1 Measurement and Payment
Construct Driveway will be paid for at the unit price per square foot and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-06 Saw-cut AC Pavement
Saw-cut AC pavement in accordance with the requirements of section 300-1.3. c. “Removal and Disposal of Materials” of the SSPWC. Removed material must be hauled to a City approved recycling facility. 8-06.1 Measurement and Payment
Saw-cut AC pavement will be paid for at the unit price per lineal foot and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-07 Remove AC Pavement
Remove asphalt pavement in accordance with the requirements of section 300-1.3 “Removal and Disposal of Materials” of the SSPWC. Haul to a recycling facility for reuse. 8-07.1 Measurement and Payment

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Remove asphalt pavement will be paid for at the unit price per square foot and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore.
8-09 Remove Concrete Curb & Gutter
Remove concrete curb and gutter in accordance with the requirements of section 300-1.3.c “Removal and Disposal of Materials” of the SSPWC. At various locations the existing AC pavement has been installed over the existing gutter pan. The contractor is required to remove all gutter pan at all curb locations.

Removed material must be hauled to a City approved recycling facility. 8-09.1 Measurement and Payment
Remove concrete curb and gutter will be paid for at the linear foot price and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-10 Construct Concrete Curb and Gutter
Construct concrete curb and gutter per City of Barstow Standard Plan 120 “Curb and Gutter - Barrier”.

Concrete shall be constructed of Class 520-C-3000 PCC and construction shall be per Section 303-5 “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways” of the SSPWC. Water to Cement ratio shall not exceed 0.5. Subgrade preparations shall conform to the requirements of section 301-1 of the SSWPC. The contractor is responsible for Special Provisions 700-15 “Protection of New Concrete & Related Items” and 700-16 “Restorations of Parkways”. 8-10.1 Measurement and Payment
Construct concrete curb and gutter will be paid for at the unit price per lineal foot and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-11 Asphalt Concrete Pavement Patch – 5”
Where scheduled for this project, conventional HMA shall be PG 64-16. The base course shall conform to the 3/4” maximum, medium grading and the wear course shall conform to the 1/2” maximum, medium grading specified in Section 203-6, “Asphalt Concrete”, of the SSPWC. The asphalt section shall consist of 2” over 3” lifts. The mix design shall be submitted and approved by the Engineer prior to producing any asphalt concrete for this project. The mix design shall be submitted to and approved by the Engineer prior to producing any asphalt concrete for this project. Material submittal test results shall be current to within a 6-month period. The contractor shall furnish to the Engineer or representative at the time of delivery of the material to the job site a legible copy of a licensed weigh master's certificate showing gross, tare, and net weights of each truck load of asphalt concrete mixture. When an automatic batching system is used, the licensed weigh master's certificate may show only the net weight of material in the truckload. Failure of the contractor to provide a certificate to the Engineer by the end of the day on which the material represented by such certificate is delivered to the job site may, at the discretion of the Engineer, result in the forfeiture of all payments for such materials, including any labor and equipment costs included in the price for furnishing and placing the asphalt concrete. Surface temperatures shall be 60 degrees Fahrenheit and rising with an ambient temperature of 50 degrees Fahrenheit and rising for all paving operations. Reclaimed Asphalt Pavement (RAP) shall not exceed 15% in any HMA mix design.

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When quantities are available, RAP shall be purchased from the Agency at the industry rate. A test strip shall be constructed at the start of paving operations to establish a rolling pattern. The established rolling pattern shall be maintained throughout the paving operation. Pavement density requirements shall be 92% to 96% Theoretical Maximum Density on conventional mixes and 91% to 96% Theoretical Maximum Density on rubber mixes. Longitudinal joint density requirements shall not be lower than 2% of the required mat density and shall be constructed using a notched wedge joint. An approved tack coat shall be applied to all longitudinal and transverse joints with sufficient time to break. For multiple lift pavement operations, longitudinal and transverse joints shall be staggered by a minimum of 6-inches. 8-11.1 Measurement and Payment
HMA Asphalt Concrete Pavement Patch shall be paid at the unit price per ton and such payment shall be considered full compensation for furnishing all labor, materials, equipment, and any other incidentals necessary to complete this item of work and no further compensation will be allowed, therefore. 8-12 ADA Curb Ramp Case B Type 2
ADA curb ramp shall be constructed per standard plan 111-5 Case B-type 2 per 2021 Standard Plans for Public Works. Concrete shall be Class 560-C-3250 PCC and construction shall be per Section 303-5 “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways” of the SSPWC. Water to Cement ratio shall not exceed 0.5. Subgrade preparations shall conform to the requirements of section 301-1.
8-12.1 Measurement and Payment
ADA curb ramp will be paid for at the unit price per each and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-13 ADA Curb Ramp Case A Type 4
ADA curb ramp shall be constructed per standard plan 111-5 Case A-type 4 per 2021 Standard Plans for Public Works. Concrete shall be Class 560-C-3250 PCC and construction shall be per Section 303-5 “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways” of the SSPWC. Water to Cement ratio shall not exceed 0.5. Subgrade preparations shall conform to the requirements of section 301-1.
8-13.1 Measurement and Payment
ADA curb ramp will be paid for at the unit price per each and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-14 Remove Concrete Spandrel
Remove concrete spandrel in accordance with the requirements of section 300-1.3 “Removal and Disposal of Materials” of the SSPWC.
8-14.1 Measurement and Payment
Remove concrete spandrel will be paid for at the square foot price and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore.

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8-15 Concrete Spandrel – 12’
Concrete spandrel 12’ wide shall be constructed as per 2021 Standard Plans for Public Works Construction standard plan 122-2 “Cross and Longitudinal Gutters” and detail shown for 12’ wide concrete spandrel on detail sheet #122 in the plans. Concrete shall be constructed of Class 560-C-3250 PCC and construction shall be per Section 303-5 “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways” of the SSPWC. Water to Cement ratio shall not exceed

0.5. Subgrade preparations shall conform to the requirements of section 301-1. 8-15.1 Measurement and Payment
Concrete spandrel will be paid for at the unit price per square foot and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-16 Construction Staging Plan / Traffic Control Plan
Construction staging and traffic control plans shall be prepared in accordance with section 7-10 “Public Convenience and Safety” of the SSPWC and part 6 “Temporary Traffic Control” of the 2010 California MUTCD. Where a conceptual staging plan has been prepared as part of the construction documents, the contractor shall be responsible for preparing a final staging and traffic control plan.

Submittal of the staging plan and traffic control plan shall be provided in accordance with section 2-5.3 “Submittals” for Agency review and acceptance. All traffic control on this project shall be implemented by a Prime Contractor or Sub-Contractor who possesses a C-31Contractors License and ATSSA Certification in Traffic Control and will also need to be approved by the City Engineer. 8-16.1 Measurement and Payment
Construction staging and traffic control plans will be paid for at the lump sum price bid and such payment shall be considered full compensation for all labor, drawings, copies, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-18 Mobilization
Mobilization/Demobilization/Bonds/Insurance shall be provided in accordance with section 9-3.4 “Mobilization” of the SSPWC. The contractor will be responsible for all costs associated with mobilizing and/or de-mobilizing because of weather conditions. The City will not pay for extra mobilizations or demobilizations. Include Bonds and Insurance in this line item. 8-18.1 Measurement and Payment
Mobilization/Demobilization/Bonds/Insurance will be paid for at the lump sum price and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-19 Pedestrian and Vehicular Access
Pedestrian and vehicular access shall be provided in accordance with section 7-10 “Public Convenience and Safety” of the SSPWC. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools, and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved. Vehicular access to

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residential driveways shall be maintained to the property line except, when necessary, construction precludes such access for reasonable periods of time.
8-19.1 Measurement and Payment
Pedestrian and vehicular access will be paid for at the lump sum price and such payment shall be considered full compensation for all materials, labor, equipment, tools, and all other incidentals necessary to accomplish this item of work and no further compensation will be allowed, therefore. 8-20 Refer to Standard Specification section 6-6 “Payment for Delay to Contractor” 8-21 Refer to Special Provisions Section 700-4 – Cash Allowance.

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APPENDIX 1

CDBG ADA BARRIERS PROJECT,
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
Please refer to project CD for the “Engineers Estimate”

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APPENDIX 2

CDBG ADA BARRIERS PROJECT,
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
Please refer to project CD for the “Pictures of Existing Concrete Failures & Location”

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APPENDIX 3

CDBG ADA BARRIERS PROJECT,
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
Please refer to project CD for the “Data Sheet of Concrete Locations”

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APPENDIX 4

CDBG ADA BARRIERS PROJECT,
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
Please refer to project CD for the “Standard Drawings – City of Barstow”

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APPENDIX 5

CDBG ADA BARRIERS PROJECT,
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
Please refer to project CD for the “CDBG Requirements”

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APPENDIX 6

CDBG ADA BARRIERS PROJECT,
PROJECT NO. 2023-02

IN THE CITY OF BARSTOW, CALIFORNIA
Please refer to project CD for the “Davis Bacon Requirements”

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Packet Pg. 138 Attachment: 1 Contract and Specifications-CDBG ADA BARRIERS PROJECT (5594 : Award of Contract for North Barstow ADA Infrastructure

ATTACHMENT A- REQUEST TO INITIATE PROJECT/ACTIVITY
PROJECT/CASE NUMBER : DATE OF ORIGINAL ISSUE :

CFDA No. : ORIGINAL : REVISION No. :

TARGET AREA : DATE OF REVISION :

WBSE CODE:

PROJECT/ACTIVITY TITLE:

ACTIVITY LOCATION:

TOTAL PROJECT FUNDING :

DATE OF RELEASE OF FUNDS : BALANCE OF FUNDS AVAILABLE :

SCHEDULE OF CITY CDBG ALLOCATION :

Year 1-43 Year 44 Year 45 Year 46 Year 47 Year 48 Year 49 TOTAL OF (75-2018) (2018-19) (2019-20) (2020-21) (2021-22) 49 YEARS MAINTENANCE AND OPERATION BUDGET/AGREEMENT :

PURCHASE OF EQUIPMENT :

CONSTRUCTION COSTS :

CITY STAFF COST :

CONTINGENCY :

CONSULTANT SERVICES :

TOTAL CITY CDBG ALLOCATION AVAILABLE :

IMPLEMENTING CITY : DATE :

SIGNATURE : TITLE :

SAN BERNARDINO COUNTY
DATE :

Carrie Harmon, Director of Community Development and Housing B17UC060503 B23UC060503
City of Barstow
(2022-23) (2023-24)
OTHER PERTINENT INFORMATION : Revision 2 revises Attachment A only to add a budget increase of $261,675, from 280,840 to $542,515. The City certifies that all requests for reimbursements from CDH contains proof of payment, all supporting documentation for costs incurred and verified with CDH that the project compiles with state and federal prevailing wage requirements.
$0 $0
City of Barstow is the M & O Entity
$35,000
$542,515

ACCEPTANCE OF REQUEST TO INITIATE PROJECT/ACTIVITY
I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity and agree to implement the activity described in Attachment B (Project/Activity Description) in accordance with the above Allocation and Balance of Funds Available subject to necessary approvals of the Board of Supervisors. The proposed budget for this project is as follows:

LAND ACQUISITION : $0
DESIGN :

City of Barstow
$542,515
$542,515
$0
7/1/2022
CITY CDBG ALLOCATION RELEASED :

CITY CDBG FUNDS EXPENDED AS OF 3/7/2024 :
$16,041 $224,413 $82,213 $219,848 $0 $542,515
$0
$67,215
STAFF COST RELATED TO $400,301
LAND ACQUISITION : $0 $40,000
$0
Northern Barstow: Block Group 1, Census Tract 94, Block Group 2, Census Tract 94, Block Group 1, Census Tract 95, Block Group 2, Census Tract 95, Block Group 3, Census Tract 95, Block Group 4, Census Tract 95, Block Group 3, Census Tract 120.01, and Block Group 3, Census Tract 120.02
Barstow: North Barstow ADA Infrastructure Improvements
July 1, 2022

14.218 X
Pursuant to the terms of the Delegate Agency Agreement originally executed on 7/8/2014, (and most current renewal date 7/1/2021) between Community Development and Housing (CDH), and the City of Barstow, CDH hereby requests that the following project/activity be initiated. There will be no changes in Project/Activity Title, Activity Budget (Attachment A) or in the Activity Description (Attachment B) without written approval.

50.60.0260.03
BARS-22-1-03K/0260
B18UC060503 B19UC060503 B20UC060503 B21UC060503 B22UC060503 $542,515

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Packet Pg. 153 Attachment: TSR Const & Inspection - Bid 031324 (5594 : Award of Contract for North Barstow ADA Infrastructure Improvements)

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Packet Pg. 154 Attachment: TSR Const & Inspection - Bid 031324 (5594 : Award of Contract for North Barstow ADA Infrastructure Improvements)

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Packet Pg. 155 Attachment: TSR Const & Inspection - Bid 031324 (5594 : Award of Contract for North Barstow ADA Infrastructure Improvements)

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Packet Pg. 156
Attachment: 23-24 ATP Award Con BARS-22-1-03K.0260 (5594 : Award of Contract for North Barstow ADA Infrastructure Improvements)

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Packet Pg. 157
Attachment: 23-24 ATP Award Con BARS-22-1-03K.0260 (5594 : Award of Contract for North Barstow ADA Infrastructure Improvements) Regular
Meeting 03/18/24
06:00 PM
City Manager
Andy Espinoza Jr.

Resolution
Doc ID: 5604

AGENDA ITEM
AGENDA MATTER:

ADOPTION OF RESOLUTION NO. XX-2024 OPPOSING CALIFORNIA AIR RESOURCES BOARD’S

IN-USE LOCOMOTIVE REGULATION
EXECUTIVE SUMMARY:

DISCUSSION:

The City of Barstow is a community that serves as the major railroad and logistics hub in the West. The California Air Resources Board has adopted a well-intentioned, but unworkable in practice new regulation, the In-Use Locomotive Regulation, which will severely curtail the rail industry’s ability to meet the supply chain challenges for the nation for the present and future by forcing railroads to use technology that does not yet exist and by converting lofty aspirational goals into impossible to meet requirements.

The new regulation threatens thousands of well-paying local jobs; and, if implemented fully, could prevent the Barstow community from having the opportunity for the Barstow International Gateway Project to come to fruition. CARB’s regulation came into force on January 1, 2024, but cannot got into full effect unless and until the United States Environmental Protection Agency approves CARB’s request for a federal preemption waiver under the Clean Air Act. Staff recommends the City Council adopt a Resolution opposing this regulation, opposing the regulation’s approval under the Clean Air Act, and directing the City Manager to submit a formal comment letter in opposition.

Residents, business owners, and community members can also express their opposition, including by emailing or writing to the United States Environmental Protection Agency via the rulemaking process:

Written public comments, which need to be identified by Docket ID No. EPA-HQ-OAR-2023-0574, may be submitted by any of the following methods:
 Federal eRulemaking Portal: <https://www.regulations.gov>.  Email: [email protected].
 Mail: U.S. Environmental Protection Agency, EPA Docket Center, OAR, Docket EPA-HQOAR-2023-0574, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.

More information is available at the US EPA’s website here:
<https://www.federalregister.gov/documents/2024/02/27/2024-03955/california-state-nonroadengine-pollution-control-standards-in-use-locomotive-regulation-requests> 8 Packet Pg. 158
Regular
Meeting 03/18/24
06:00 PM
City Manager
Andy Espinoza Jr.

Resolution
Doc ID: 5604

AGENDA ITEM
There will also be a virtual public hearing held by the US EPA at which anyone may submit oral comments. More information on how to join the virtual public hearing is available here:
<https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearingcalifornias-use-locomotive> Additional information regarding the CARB regulation and its impacts from the American Association of Railroads is attached.

FISCAL IMPACT:

The fiscal impact of the CARB Regulation, if implemented fully, could be significant and negative for the City, particularly if it adversely affected the opportunity for the Barstow International Gateway Project to come to fruition.

RECOMMENDED ACTION:

Staff recommends the City Council adopt a Resolution opposing this regulation, opposing the regulation’s approval under the Clean Air Act, and directing the City Manager to submit a formal comment letter in opposition..
8 Packet Pg. 159
CARB’s In-Use Locomotive Regulation
Rule Will Hurt the American Economy
Last Updated: February 2024
AAR.org/CARB
Railroads have partnered with CARB to reduce emissions.

Railroads and the California Air Resources Board (CARB) worked collaboratively for years to reduce emissions from line haul and yard operations across the state. Initiatives such as zeroemission cranes, yard service vehicles and other technology are at work in yards across California and the nation as anti-idling systems, fuel management systems and the use of renewable fuels are simultaneously reducing locomotive emissions.

There is no clear technological path to a zero-emission future yet.

The industry is taking decisive action against climate change, including testing emerging technologies such as battery-electric and fuel-cell locomotives that may reduce GHG emissions and criteria pollutants. However, despite substantial investments and an industrywide push to unlock a zero-emissions solution, a clear technological path has not emerged and will require additional research and development.

CARB’s new rule is entirely unworkable for freight railroads.

Despite sharing common goals, CARB disregarded its historical collaboration with the rail industry by finalizing the In-Use Locomotive Regulation. This rule, the first CARB regulation targeting the rail industry in the half-century of CARB’s existence, is based on unreasonable assumptions. Industry members emphasized ongoing efforts to develop zero-emissions technologies throughout the rulemaking process, highlighting that such locomotives are not yet commercially viable.

Despite the concerns raised, CARB proceeded with a rule which will impose significant financial and operational burdens on railroads both in California and nationally. The rule went into effect on January 1, 2024, although CARB must obtain approval from EPA before they can begin enforcing two key provisions of the rule. EPA is currently taking public comment on whether to approve or deny CARB’s request, with comments due to EPA on or before April 22. Here are just a handful of the problems with the rule:

1. Mandates investments in locomotives that are not yet commercially viable. The rule requires railroads to open and deposit funds into a “spending account” based on the Tier level and energy consumption for each locomotive operated in California in a calendar year. Railroads would generally be forced to purchase zero-emission technology and infrastructure that is not even currently available.

2. Limits the useful life of over 25,000 locomotives. The rule bans the operation of any locomotive that is 23 years or older from operating in California. Starting in 2030 for all switch, industrial, and passenger locomotives - and 2035 for line haul locomotives - older locomotives can only operate in the state if they are zero-emissions locomotives.

8.a
Packet Pg. 160 Attachment: AAR-CARB-EPA-Fact-Sheet (5604 : ADOPTION OF RESOLUTION NO. XX-2024 OPPOSING CALIFORNIA AIR RESOURCES Last Updated: February 2024
AAR.org/CARB

3. Violates the Clean Air Act (CAA) prohibition on states regulating emissions from new locomotives. Section 209(e) of the CAA, a preemptive provision, generally bars states from regulating emissions from new locomotives or engines, including remanufactured locomotives, (which the EPA cannot waive) and on all other locomotives (non-new) unless CARB secures a waiver from EPA. CARB's rule unequivocally violates the CAA by attempting to change the locomotive fleet nationwide to new, zero-emission models.

4. Violates the ICC Termination Act (ICCTA) of 1995. When Congress passed ICCTA, it recognized that the federal government should retain exclusive control over the regulation of railroad operations due to its inherent interstate nature. ICCTA therefore prohibits states and localities from regulating rail operations, including locomotives. By specifically targeting the railroad industry, CARB’s rule runs afoul of ICCTA’s preemption sections.

The rule has serious consequences for America’s economy.

If this rule goes into full effect, it would create a negative chain reaction across our economy.

Specifically, there are four areas of particular concern:

1. The rule could be duplicated in many more states than just California. Section 209 of the CAA gives other states the ability to adopt CARB’s emissions standards were EPA to approve CARB’s waiver request. CARB has already submitted its request for approval, and more states could follow with identical regulations if EPA grants approval.

2. Railroads would pay huge compliance costs. The CARB rule’s spending account provision significantly impacts all railroads operating in California. Estimates suggest that the Class I railroads there may be required to deposit as much as $800 million per year per railroad. And were EPA to approve CARB’s waiver request, other states could similarly promulgate regulations requiring railroads operating in their state to set up additional spending accounts.

3. Some short lines would go out of business. CARB has already acknowledged that the massive compliance costs could be too much of a burden for some short lines to bear, meaning that CARB anticipates those short lines would cease operating rather than comply.

4. The supply chain could become less resilient. CARB’s rule would force the railroads to utilize largely unproven technology to power the locomotives. Any issues with this technology could disrupt network efficiency and ultimately lead to supply chain disruptions. Americans have suffered through a broken supply chain for multiple years and the economy is only just starting to get back on track. Railroads were critical to helping fix the supply chain snarls from the last few years, and this rule could create new logistical challenges for the timely movement of freight.

8.a
Packet Pg. 161 Attachment: AAR-CARB-EPA-Fact-Sheet (5604 : ADOPTION OF RESOLUTION NO. XX-2024 OPPOSING CALIFORNIA AIR RESOURCES 348109.1
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW OPPOSING CALIFORNIA AIR RESOURCES BOARD’S IN-USE LOCOMOTIVE

REGULATION
WHEREAS, the City of Barstow was founded as, and continues to be, a railroad and logistic hub; and
WHEREAS, thousands of Barstow residents and surrounding community members are employed, directly and indirectly, by railroads, and the wider logistics industry; and WHEREAS, rail is the most efficient method to move goods across the West and into America, with every container moved by rail being one less container moved by truck; and WHEREAS, the California Air Resources Board has adopted a well-intentioned, but unworkable in practice new regulation, the In-Use Locomotive Regulation, which will severely curtail the rail industry’s ability to meet the supply chain challenges for the nation for the present and future by forcing railroads to use technology that does not yet exist and by converting lofty aspirational goals into impossible to meet requirements; and WHEREAS, the new regulation, if implemented fully, would threaten thousands of wellpaying local jobs; and WHEREAS, the new regulation, if implemented fully, could prevent the Barstow community from having the opportunity for the Barstow International Gateway Project to come to fruition; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that all the facts, findings, and conclusions set forth above in this Resolution are true and correct.

SECTION 2. Opposition to California Air Resources Board’s In-Use Locomotive Regulation. The City Council of the City of Barstow declares its opposition to the California Air Resources Board’s In-Use Locomotive Regulation, and further requests the United States Environmental Protection Agency to not approve the pending request by the California Air Resources Board that the United States Environmental Protection Agency authorize the In-Use Locomotive Regulation pursuant to section 209(e) of the Clean Air Act. Instead, the City Council urges the United States Environmental Protection Agency to reject the California Air Resources Board’s approach to locomotive regulation and support a more collaborative approach to accelerate the commercial viability of lower- and zero-emission locomotives, while maintaining jobs, the local Barstow, and wider California and national, economy and the national supply chain.

8.b
Packet Pg. 162 Attachment: Council Reso Opposing CARB Regulations(348109.1) (5604 : ADOPTION OF RESOLUTION NO. XX-2024 OPPOSING CALIFORNIA 348109.1
SECTION 3. Certification and Comment Letter. The City Clerk shall certify to the adoption of this Resolution as required by law. The City Council directs the City Manager, or designee, to transmit a copy of the Resolution, along with a formal opposition comment letter, to the United States Environmental Protection Agency and the City’s elected federal and state representatives.

ADOPTED by the City Council of the City of Barstow at a regular meeting of said Council held on ______________________, by the following vote:

AYES:

NOES:

ABSENT:
_______________________________
Dr. Paul A. Courtney, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ City Clerk City Attorney

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Packet Pg. 163 Attachment: Council Reso Opposing CARB Regulations(348109.1) (5604 : ADOPTION OF RESOLUTION NO. XX-2024 OPPOSING CALIFORNIA Regular Meeting
03/18/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Report
Doc ID: 5601

AGENDA ITEM
AGENDA MATTER:

CITY MANAGER'S FEBRUARY 2024 UPDATE
EXECUTIVE SUMMARY:

The City Manager’s Update is a communication device utilized to provide an overview of upcoming events and items of general interest to the Mayor and members of the City Council. Included with the update are reports from City Departments on various programs, initiatives, and achievements.

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Receive and file.
9 Packet Pg. 164
Message from the Interim City Manager, Andrew Espinoza, Jr.

During my initial month as Interim City Manager, I have been pleased to witness our highly motivated team members in our different City departments. Multiple activities and efforts have taken place, and I am proud to have actively engaged in various essential projects and initiatives.

Among them are:

I had the honor of participating in a significant meeting hosted by the Desert Mountain Division League of California Cities, where the Inland Empire Division and the Riverside County Division organized their inaugural joint meeting in San Bernardino. These gatherings play a vital role in improving local governance and positively influencing California's future.

We conducted the second workshop for the Community Benefits Fund, gathering input from Council Members, the community, and staff to brainstorm ideas for the fund's optimal utilization and process. Another meeting is set to be arranged in the upcoming weeks to maintain the momentum.

I attended the Barstow Community College Career Fair at Excelsior Charter Schools Barstow CTE Academy. It provided an excellent platform to present various career opportunities for individuals interested in law enforcement. There were numerous local businesses and military representatives were also present to discuss potential career paths.

I arranged a meeting with Union representatives to introduce myself, address concerns, and establish regular meetings to stay informed about employees' concerns.

While these are a handful of notable events that took place, I can’t be remiss in mentioning a new situation that could impact BIG (Barstow International Gateway). BNSF, along with our City and many others, are seeking support against a proposed regulation by The California Air Resources Board (CARB). The proposed “In-Use Locomotive Regulation” would require zero-emission (such as electric) locomotives in California, which do not yet exist.

FEBRUARY 2024 CITY MANAGER UPDATE 9.a
Packet Pg. 165 Attachment: 2.2024 CM Update (5601 : City Manager's February 2024 Update) If this passed, projects like the BIG would not take place because it could not adhere to the new, costly, and misguided regulations. If passed, this regulation would cause: Thousands of jobs to be lost; a movement away from rail, causing higher emissions and more highway congestion; a drastic rise in costs for BNSF shippers and consumers; and more.

CARB’s regulation came into force on January 1, 2024, but cannot got into full effect unless and until the United States Environmental Protection Agency approves CARB’s request for a federal preemption waiver under the Clean Air Act. Residents, business owners, and community members can express their opposition, including by emailing or writing to the United States Environmental Protection Agency via the rulemaking process:

Written public comments, which need to be identified by Docket ID No. EPA–HQ–OAR–2023– 0574, may be submitted by any of the following methods:

Federal eRulemaking Portal: https://www.regulations.gov.

Email: [email protected].

Mail: U.S. Environmental Protection Agency, EPA Docket Center, OAR, Docket EPA–HQ–OAR– 2023–0574, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.

Thank you all, and keep up the good work for the great City of Barstow! Andrew Espinoza, Jr.

Interim City Manager

9.a
Packet Pg. 166 Attachment: 2.2024 CM Update (5601 : City Manager's February 2024 Update)

ENVIROMENTAL SERVICES
New Happenings:

The City was notified of its award of $75, 000 through the CalRecycle SB 1383 Local Assistance Grant. The acceptance of the grant and budget allocation is set to go to the Council on or before June 3, 2024. Approved projects under the grant include the purchase of compost application equipment, collection bins, and education & outreach.

The Residential Waste & Recycling Guide is now available on our website, at City Hall, and is being distributed to local property managers and real estate professionals in addition to be utilized by staff to help promote our programs and resources.

In the Pipeline:

Staff is planning the Earth Day Celebration for Saturday, April 20, 2024, 1-4pm at Dana Park. The flyer is out now, and we are accepting vendor applications until March 29, 2024. We also encourage children ages 5-11 to enter the Earth Day Kids Art Contest. Entry forms are available at City Hall, on our website, and have been distributed to elementary schools for distribution to students.

A Commercial Waste & Recycling guide is being developed as a resource for businesses to understand local programs and important legislation affecting their operations.

BUILDING DEPARTMENT
Our Building Department has been carefully examining different plans and here is a summary of the ongoing projects.

Commercial Projects
860 W Main St—Fire Rehab
222 E Main St—Commercial TI
1523 E Main St— Commercial TI
2611 Fisher Blvd—New EV Charging Station
490 Armory Rd—Building Structure & Fuel Tanks
110 Coolwater Ln—New EV Charging Station
Hampton Inn—2710 Lenwood Rd—Commercial TI
Starbucks—1540 E Main St—Building in progress
1307 E Main St—Commercial TI
1540 E Main St—Burger King
600 W Main St—Fire Damage Rehab
2641 W Main St—Generator installation
150 Yucca Ave—Water Heater Pumps & 7 Electrical Upgrades We currently have multiple projects in the Plan Review stage. Some of the projects on the list encompass a range of endeavors like a Tesla EV charging station, fire alarm installations, residential repairs, remodeling, and commercial grading, among others.

9.a
Packet Pg. 167 Attachment: 2.2024 CM Update (5601 : City Manager's February 2024 Update)

PLANNING
General Plan Comprehensive Update
In February, the planning staff and consultants PlaceWorks presented the City's current draft land use diagram to the City Council, Planning Commission, and community.

On March 13th, 2024, at 6 PM, the City will host an Informational Meeting at the Cora Harper Fitness Center (841 Barstow Rd.) to discuss the General Plan Update, land use designations, and the Environmental Impact Report (EIR) linked to the update.

Notice of Preparation
The Planning staff also released the City's Notice of Preparation (NOP) for the Draft Environmental Impact Report and a notice for a Public Scoping Meeting. This document informs the public that the City of Barstow is preparing an EIR for the General Plan update and the Barstow International Gateway (BIG) Specific Plan project proposed by the BNSF Railway Company. The Scoping Meeting related to this NOP will take place at the Informational Meeting on March 13th, 2024, at 6 PM. The NOP was published on February 15th, 2024, and the comment period ends on March 26th, 2024.

To provide comments on the Notice of Preparation, please send them to [email protected] in writing or via email. Access a copy of the NOP here:
638434192375770000 (barstowca.org).

The IT department is actively engaged in completing Help Desk Work Orders, addressing Media and Audio-Visual requirements, and overseeing Multiple Projects.

Projects Currently in work:

Crime Statistics Implementation
Cashiering Upgrade
Utility Billing Upgrade
Police Department Renovations
FY24 Q3 Network Infrastructure Upgrades
EAM Upgrade and implementation
NG911 Implementations
Projects Upcoming:

Dispatch EMD server replacement
EPL Implementation
ERP Implementation
Public Safety Suite Major Version Upgrades

IT DEPARTMENT

9.a
Packet Pg. 168 Attachment: 2.2024 CM Update (5601 : City Manager's February 2024 Update) Code Compliance actively enforces the Barstow Municipal Code, with a Beat Officer designated to each of the city's three sectors and two officers focusing on rental properties. If you own a rental property, please ensure you register again as we enter the second year. If you receive a Notice of Violation, reach out to the issuing officer promptly to ensure compliance. Thank you.

CODE COMPLIANCE
Before and after transformation of a commercial property. The landowners did a remarkable job repainting the peeling wall and clearing the weeds next to the structure.

Their ongoing efforts to make additional touch-ups on the fencing are truly appreciated! The North First Avenue Bridge project is 65% complete! In March, crews will continue construction of the new bridge and retaining walls. This includes the pouring of concrete for the new bridge decks and walls. Crews will also continue the removal of temporary support structures and steel beams surrounding the new bridge. Utilities are also being installed throughout the project corridor.

Sign up for text messages by texting NorthFirstBridge to (888) 525-1021. Reply STOP to cancel, text HELP for help. Normal text and data message rates apply.

Si prefiere recibir información de construcción en español, llame al (877) 55 - SBCTA.

ENGINEERING DEPARTMENT

9.a
Packet Pg. 169 Attachment: 2.2024 CM Update (5601 : City Manager's February 2024 Update) POLICE
The Barstow Police Activities League had the pleasure of presenting awards for the Barstow Unified School District 2024 STEM Fair. PAL Board Members and Interim City Manager Espinoza chose 10 projects to receive the Police Chief’s Award, the Top PAL Award, and 8 PAL Awards.

We welcomed Police Officer Trainee Simon Sanchez to our team! He will join the March Academy.

The Barstow Police Department was honored to take part in the Barstow Community College Career Fair at Excelsior Charter Schools Barstow CTE Academy. It was a great opportunity to showcase the different career opportunities to those looking for a career in law enforcement.

We held a written exam for both Police Officers and Public Safety Dispatchers.

Members of our recruitment team participated in the TAP Hiring Event in Ft. Irwin hoping to recruit some new officers and dispatchers to the team!

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Packet Pg. 170 Attachment: 2.2024 CM Update (5601 : City Manager's February 2024 Update)

PUBLIC WORKS DEPARTMENT
Park/Open Spaces
Park Maintenance is carrying out regular upkeep tasks while getting the Baseball Fields ready for Little League and Girls’ Softball.

A total of one hundred thirty-five tons of clay was acquired and brought in for the maintenance of all in-field areas.

Both associations are scheduled to hold opening ceremonies on March 9, 2024.

Park maintenance inspected the base anchors and reconstructed the pitcher's mound to comply with the regulations of Little League and Girls’ Softball.

9.a
Packet Pg. 171 Attachment: 2.2024 CM Update (5601 : City Manager's February 2024 Update) The Fleet Maintenance team is currently carrying out routine maintenance and repairs.

Regrettably, the Public Works Cat Loader sustained severe fire damage while clearing Lenwood Rd. of blowing sand. The exact cause of the fire, which originated in the engine compartment, remains unknown. Fortunately, no injuries were reported; however, a crucial piece of equipment was lost.

Fleet Maintenance Update
Street Maintenance Update
Street crews removed two Homeless Camps at the Waste Water Facility Treatment Plant. The camp was located in the tree line that separates the two Alfa Fields. One homeless person was difficult to deal with and P.D. provided assistance for the removal.

Public Works also had a bulldozer on the property for channel maintenance. Due to the homeless problem, crews decided to remove some of the trees possible to prevent future homeless encampments. The process of removing trees will be done in incremental phases based on the invasive root system.

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Packet Pg. 172 Attachment: 2.2024 CM Update (5601 : City Manager's February 2024 Update) Park and Recreation is seeking coaches for our T-Ball Season.

Coaching T-Ball can be a rewarding way to engage with the community and inspire young athletes.

It's a great opportunity to share your love for the sport and help children develop their skills.

Coaching can be a fulfilling experience that makes a positive impact on the lives of young players.

If you have a passion for baseball and enjoy working with kids, coaching T-Ball could be a perfect fit for you.

If you interested in coaching, please call 760.256.5617

PARK & RECREATION
DID YOU KNOW?
You can burn up to 250 calories from playing
pickleball for just 30 minutes, and if the game
is more intense, they could burn another 100
calories on top of that!

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Packet Pg. 173 Attachment: 2.2024 CM Update (5601 : City Manager's February 2024 Update)