Agenda — Blythe City Council, October 20, 2022

BLYTHE CITY COUNCIL

SPECIAL MEETING
Blythe
*
ESTABLISHED 1119
AGENDA
OCTOBER 20, 2022
2:30 P.M.
lallory Crecelius, Interim City Manager/City Cle
brittany Roberto, City Attorne
MEETINGS ARE HELD IN THE CITY COUNCIL CHAMBER, 235 NORTH BROADWAY, BLYTHE, CA T55-115 807
Blythe Blythe City Council
Special Meeting
October 20, 2022
2:30pm

CALL TO ORDER
Interim City Manager/City Clerk Crecelius Police Chief Dale City Attomey Roberto

PLEDGE OF ALLEGIANCE

INVOCATION
CONSENT CALENDAR- (Item 1)
All matters listed under Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time of voting on the motion unless members of the Council or staff request specific items be discussed and/or removed from the Consent Calendar for separate action.

1. Posting of the Agenda.

The summary of agenda items were posted on the bulletin boards on the outside of the public entrance to the Council Chamber and near the inside entrance of the Council Chamber on Wednesday, October 19, 2022.

NEW BUSINESS- (Item 2)

2. Water Supply Line for Golf Course Project.

Recommendation: Direct the Interim City Manager to release an RFP to replace the water delivery pipe to the Golf Course irrigation system providing water to the lower half of the Course, direct the Interim City Manager to apply for funding for the project through the CIF Grant Program and direct the Interim City Manager to ensure easements for the water supply line are in place.

ORAL REPORTS (Council may ask a question for clarification, make a brief announcement, make a brief report on his/her own activities, request staff to report back at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.) PUBLIC COMMENT Public comments will be allowed on matters not appearing on the agenda, but within Council/Blythe Successor Agency jurisdiction. Speakers are asked to identify themselves by stating their name and address for the record. Comments shall be limited to 3 minutes in duration.

ADJOURNMENT The next meeting will be held on November 8, 2022 at 6:00 p.m. in the Council Chamber, 235 N. Broadway, Blythe, California.

NOTE TO THE PUBLIC:

In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact ADA Coordinator Mallory Crecelius at (760) 922-6161 EXT. 1237 or by email at [email protected]. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.104 ADA Title I).

Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available for ublic inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, Califoria during normal business hours, In additior uch writings and documents will be posted on the City's website: www.cityofblythe.ca.gov

CONSENT

CALENDAR
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NEW BUSINESS
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TEDANIA'S FIRST

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: October 20, 2022
SUBJECT: Water Supply Line for Golf Course Project
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: Staff recommends Council direct the Interim City Manager to release an invitation for proposals to replace the water delivery pipe to the Golf Course irrigation system providing water to the lower half of the Course; direct the Interim City Manager to apply for funding for the project through the Community Improvement Fund (CIF) Grant Program and direct the Interim City Manager to ensure easements for this water supply line are in place.

FISCAL IMPACT: The project is estimated to cost $125,000.

BACKGROUND: The City's original Golf Course was constructed on West Hobsonway, on land donated to the City by PVID. The land was donated with the stipulation it remain a Golf Course. In the 1960s, the State of California wished to construct Interstate 10 through the City.

The proposed route required 15.29 acres of the City's Golf Course. The State wanted a strip of land in the middle of the Golf Course, which would segment the course and make it unusable. As such, the City required the State to purchase the entire Course. In 1961, the State acquired the Golf Course from the City/PVID for $90,687.00.

The City then released a request proposal for land to build for a new golf course. From what I have gathered, at least two proposals were received. The City accepted the proposal submitted by Mesa Ranch. This site was selected due it its location, water availability and smell.

Apparently, the original course was located next to a dairy and golfers had complained about the smell.

The City formed the Blythe Golf Course Corporation and sold $200,000 in bonds to construct the Course. William P. Bell and Son architecture firm was retained to design an 18-hole championship course. During the design phase it was determined more land was necessary to build a championship course. The City acquired additional land from the DeMeyer family. This land came with access to A Canal. Although there are conflicting accounts as to who installed the irrigation pipe from A Canal to the Golf Course and when it was installed, I believe it was constructed by the City around 1967. In notes dated April 26, 1966, the Golf Course Corporation discussed an easement between DeMeyer and the City to either build a ditch or install a pipeline from A Canal to the Golf Course. An easement was needed to place the pipe on property still owned by the DeMeyer family. The pipeline ran from A Canal through private property to the course. This private property is currently owned by Red River Farms. The City has requested a Title Report for this property to determine if any easements are currently in place.

Construction of the Golf Course was completed in 1968 and the Blythe Golf Course Corporation leased the course back to the City for $1 or some nominal amount. The City maintained the -3
course and collected green fees. The pro shop and cart rentals were operated by a golf pro until 2010.

By 2010, the Golf Course had operated in a deficit position for several years. The deficit had grown to $1,155,402, which was later repaid by the City's General Fund during FY 2021/22.

This was in addition to an RDA loan made to City's Golf Course fund which was repaid by the City's General Fund in FY 2020/21.

As the City was making severe budget cuts in 2009-2010 to balance the budget and begin to dig the City out of a $3.4 million General Fund Deficit, in April 2010 City staff sought direction from Council to either negotiate a new contract with then Golf Pro Willie Getchell, continue on a month-to-month lease with Mr. Getchell or issue an RFP in an attempt to identify private management companies to operate the course. Council unanimously voted to issue a Request for Proposals. A Golf Committee was formed to develop the RFP, interview potential operators, and negotiate a contract for Council consideration. The Golf Committee was comprised of then Council Members Galvan and Patel, City staff, developers of Mesa Bluffs and avid golfers from both the City and Canada. Assistance was also provided by Glenn Miller, a Golf Management Professional and then Indio City Councilman. The RFP solicited both management and lease options.

The City received eight proposals from management companies and one proposal from a company seeking a lease. The Committee interviewed four management companies as well as the lease option. City Management concluded the best recommendation to make to the Council was entering into a contractual arrangement with BNB Golf Management for a lease. It was determined hiring a management company would require the golf course to operate further in the On August 3, 2010, the City entered into a Lease Agreement between the City and BNB Golf Management for operation and maintenance of the Blythe Municipal Golf Course. Major deal points included no financial uncertainties for the City, professional management of the course for both maintenance and operations, a vastly improved irrigation system at Lessee's expense, revenue sharing once gross revenue reached $1 million in a given year, utilities paid by Lessee, Lessee using a Point-of-Sale system for financial management and increased Sales, TOT and Property Tax from the successful operation of the Golf Course.

In 2011, the Agreement was amended to extend the term of the lease from eight (8) to fifteen (15) years and increase rates charged to Golf Course customers. The amended term commenced September 1, 2010 and terminates on August 31, 2025. At the time, BNB Golf Management made improvements to the irrigation control system at their expense. A lease extension and rate increases were requested to enable them recover the costs of the improvements.

STAFF REPORT: Water supply for the lower Golf Course area is delivered from A Canal at the corner of 4" Avenue and Defrain Blvd. A 24" concrete pipe runs from the gate under a field currently owned by Red River Farms. Water from this pipe is pumped into a supply lake on Hole No. 6 and used to irrigate the Golf Course. As stated above, it is believed the delivery pipe was installed in the late 60s. It has been repaired over the years and has been leaking for some time.

Red River Farms plans to build a new concrete ditch through their field for irrigation. They believe the City's leaking pipe will undermine the ditch and would like it repaired before they move forward. They also plan to level the field, lowering it by about 1 foot. This will not leave much cover over the water supply pipe, leaving it susceptible to breaks from equipment vibration or being hit or scraped by field equipment. This could make the pipe inoperable, starving the golf course of water necessary to operate.

After discussions with David Bayles of BNB Golf Management and Michael Mullion of Red River Farms, it was determined the best course of action would be the installation of a new 24" pipe, as indicated in Attachment No. 1. The project would consist of the installation of approximately 1000' of 24" pipe from the head gate located on the A18-CHK check station at 4* Ávenue and Defrain to the cistern located at the holding pond on Hole No. 6. The existing pipe will be buried in a pit adjacent to the water new supply line.

The Lease Agreement between the City and BNB Golf Management requires the Lessee, at its own expense, to keep and maintain the premises and all buildings, structures, improvements, fixtures, trade fixtures, equipment and utility systems in good, operable, useable and sanitary order and repair and in a good, safe and first-class condition throughout the term of the Agreement, providing for such repairs, replacements, rebuilding and restoration as may reasonably be necessary. The Agreement also requires the Lessee, at its own expense to upgrade the water system by the extension of the irrigation canal to the upper nine lake and abandon the existing irrigation well pursuant to City standards. There is no mention in the Agreement related to improvements to the water delivery system for irrigation of the lower nine. As this is the water supply line, it does not fall within the Lessee's maintenance responsibilities outlined in the Agreement. Therefore, it is the City's responsibility to repair the water supply line. Maintenance of any part of the Golf Course's irrigation system remains the Lessee's responsibility.

There is no funding in the current budget for this project. The City could explore a grant request to CIF or allocate General Fund surplus dollars to make the repair.

A Special Meeting was called to discuss this matter as time is of the essence. Red River Farms plans to install their concrete ditch at the first of the year to allow cotton to be planted in March.

If the RFP was released later this month, an award could be made at the December Council meeting or a Special Meeting in November.

ATTACHMENTS:

1. Proposed Location of New 24" HDPE Supply Line

2. Invitation for Proposals- City of Blythe Golf Course Water Supply Line Project -5
PROPOSED LOCATION OF NEW 24" HDPE SUPPLY LINE
PROPOSED NEW 24" HDPE SUPPLY LINE 4TH AVE

DEFRAIN BLYD A - CANAL
NORTH
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CITY OF BLYTHE

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Blythe ("City") invites sealed bids for the project entitled:

CITY OF BLYTHE GOLF COURSE WATER SUPPLY LINE PROJECT

1. BID SUBMISSION AND OPENING. Bids will be received at the City of Blythe, Office of the City Clerk, 235 N. Broadway, Blythe, California, 92225 until Tuesday, November 29, 2022 at

2. OBTAINING OR INSPECTING BID DOCUMENTS. Bid documents for the project are available on the City of Blythe website at: http://www.cityofblythe.ca.gov. Any addenda will be posted on the website. It will be the responsibility of each bidder to obtain the addenda from Eave bos with do not nude the aged shouldement for sad
addendum, if any, may be rejected.

3. PROJECT DESCRIPTION. The project consists of the installation of approximately 1000' of a 24" water supply line from the head gate located on the A18-CHK check station located at the corner of 4th Street and Defrain to the cistern located at the holding pond on Hole No. 6 of the Blythe Municipal Golf Course. The awarded contractor will identify a viable section of the existing concrete supply line on both ends of the supply system to make their connection.

The connection must be industry approved and free from leaks. If no viable section of the existing supply line is found, the contractor must replace the existing supply line in its entirety from the head gate to the cistern. The material used for the pipe will be equivalent to or better than HDPE Pressure Pipe. The supply line will be buried a minimum of 48" from the top of pipe to the finish grade of the field. The contractor will take great care at ensuring that the installation of the supply line is free from low points (bellies) so as to deter settlement of sediment in pipe.

The existing pipe will need to be disposed. Disposition of the existing concrete supply line may be done in a pit adjacent to the new supply line buried at a minimum of 60" from top of despised material to top of finish grade.

Timing is of the essence. This is the only water supply for the entirety of the golf course and as such the amount of time the water is shut off will be critical. The awarded contractor will submit a plan detailing their construction timeline as well as a water outage timeline to the elty of Blythe, Blythe Municipal Golf Course, and the landowner so that the City of Blythe Blythe Municipal Golf Course can work to ensure that they have adequate water supply during the outage.

Please refer to Exhibit A for more project information. -7

4. PRE-BID MEETING AND JOB WALK.

A pre-bid meeting and job walk is scheduled for 10:00am on Tuesday, November 8, 2022 at the Multi-Purpose Room at City Hall, 235 N. Broadway, Blythe CA 92225. After the pre-bid meeting interested parties will meet on site for a job walk at the corner of 4'h Avenue and Defrain Blva.

5. PRE-BID INQUIRIES. Questions regarding bidding, the bidding process and/or the project plans, specifications and contract documents may be communicated during the Pre-Bid Meeting scheduled for Tuesday, November 8, 2022 at 10:L00am. In addition, the City will receive questions concerning the project until 4:00pm on Monday, November 14, 2022.

Questions concerning the project may be submitted to Mallory Crecelius by email at [email protected]. Responses to all questions received will be issued via an addendum posted to the City's website by Wednesday, November 16, 2022.

6. BID CONTENTS. All bids must be submitted on the proposal form included in the bid documents and be signed by an authorized company representative. No bid will be considered unless it is made on the proposal form furnished by the City and made in accordance with the provisions of the bid requirements. Each bid must be submitted in a sealed envelope clearly labeled City of Blythe Golf Course Water Supply Line Project and addressed to the City Clerk.

7. BID SECURITY. Each bidder must submit with his/her/its bid a certified check, cashier's check, or a bid bond, made payable to or in favor of the City of Blythe, in an amount equal to at least ten percent (10%) of the total amount of the bid. No bid will be considered unless accompanied by such certified check, cashier's check, or bid bond.

8. CONTRACTOR'S LICENSE. In accordance with California Public Contract Code section 3300, the selected contractor shall possess a valid Class "A" General Engineering Contractor license issued by the State of California Contractors State License Board at the time of contract award. Each subcontractors) performing work shall possess the appropriate State licenses for the work to be performed. Each bidder shall submit a copy of its active Contractor's license with its bid documents.

9. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. Pursuant to California Labor Code sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work unless registered and qualified pursuant to California Labor Code section 1725.5.

10. PREVAILING WAGE REQUIREMENTS. This project is a "public work" subject to prevailing wage requirements. Pursuant to provisions of Sections 1770 et seq. of the California Labor Code, all works employed on the project shall be paid not less than the general prevailing rate of per diem wages, as determined by the Director of the Department of Industrial Relations (DIR) for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. Copies of the prevailing rate of per diem wages are on file with Public Works Department and are available to any interested party upon request. The applicable State prevailing wages are also set forth on the Department of Industrial Relations' website: http://www.dir.ca.gov; these rates are subject to predetermined increases. The prime contractor shall post a copy of the DIR'S determination of the prevailing rate of per diem wages at each job site. This project is subject to compliance monitoring and enforcement by the DIR.

11. BONDS. The successful bidder will be required to provide a Payment Bond and a Performance Bond, each in the amount of 100% of the contract amount.

12. TIME FOR COMPLETION. The work shall be completed forty-five (45) calendar days following receipt of a written Notice to Proceed from the City.

13. RETENTION. The City withholds five percent (5%) of each progress payment as retention.

Pursuant to California Public Contract Code section 22300, the successful bidder may substitute certain securities for money withheld by the City to ensure performance of the contract. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the contractor.

Securities will be returned to the contractor upon satisfactory completion of the contract.

14. CITY BUSINESS LICENSE. The awarded contractor and subcontractors will be required to obtain a City Business License.

15. CITY'S RIGHT TO REJECT BIDS. The City of Blythe reserves the right, in its sole discretion, to reject any or all bids, or to waive any minor irregularities or informalities in any bid.

CITY OF BLYTHE, Dated October 21, 2022
Published by: Mallory Crecelius, City Clerk
Published on: October 21, 2022
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EXHIBIT A
PROPOSED LOCATION OF NEW 24" HDPE SUPPLY LINE
PROFOSED NEW 24" HDPE SUPPLY LINE 4TH AVE

DEFRAIN BLVD A - CANAL
NORTH
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INFORMATION FOR BIDDERS

1. Signatures. All places where signatures are required must be fully executed.

2. Bid Proposal. Documents/items which must be submitted with the bid are:
a. Proposal Form
b. Bid Schedule
c. Subcontractor List
d. Signed Addenda (if any)
e. Bid Security

3. Tax, as No mention shall made in a bid proposal of sales tax use a or man

4. Bid Withdrawal. Any bid may be withdrawn at any time prior to the deadline for submission of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the bidder or a duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid prior to the bid deadline. Bids are opened exactly at the time fixed in the notice inviting bids. A bid will not be received after that time, nor may any bid be withdrawn after the bid deadline. No bidder may withdraw his/her/its bid within sixty (60) days after the actual date of the opening thereof.

5. Agreement, Bonds and Insurance. The Agreement form, which the successful bidder, as Contractor, will be required to execute, and the amounts of insurance and surety bonds which the successful bidder will be required to furnish, are included in the contract documents and should be carefully examined by the bidder. The successful bidder will be required to submit an executed copy of the Agreement, the Performance Bond, the Payment Bond and the certificate(s) of insurance within ten (10) days of City's notice of award of contract.

6. Forfeiture for Failure to Post Security and Execute Agreement. In the event the bidder to whom the notice of award is given fails or refuses to provide the required bonds and certificate(s) of insurance and return an executed copy of the Agreement within ten (10) calendar days after notification, the City may declare the bidder's bid deposit or bond forfeited as damages caused by the failure of the bidder to post such security and execute the Agreement, and may give notice of award to the next lowest responsive and responsible bidder, or may call for new bids.

7. Examination of Site and Contract Documents. Each bidder shall visit the site of the proposed work and fully acquaint himself/herself/itself with the conditions relating to the construction and labor so that he/she/it may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the agreement. Bidders shall thoroughly examine and be familiar with the drawings and specifications. The failure or omission of any bidder to receive or examine any contract document, form, instrument, addendum, or other document or to visit the site and acquaint himself/herself/itself with conditions there existing shall in no way relieve any bidder from any obligation with respect to his/her/its bid or to the agreement. The submission of a bid shall be taken as prima facie evidence of compliance with this section.
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8. Interpretation of Plans and Documents. If any bidder contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, it may submit to the Interim City Manager a written request for an interpretation or correction thereof. Any interpretation or correction of the contract documents will be made only by addendum duly issued and posted on the City's website. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation.

9. Addenda. The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid nonresponsive and result in its rejection by the City.

10. Time for Completion: Liquidated Damages. The work shall be completed forty-five (45) calendar days following receipt of a written Notice to Proceed from the City. Liquidated damages in the amount of one thousand dollars ($1,000.00) per calendar day will be assessed after the designated forty five (45) calendar days have expired.

11. Qualifications of Bidders. Bidders must be thoroughly competent and capable of satisfactorily performing the work covered by the bid proposal. They shall have had project experience similar to that specified in the project description. When requested, they shall furnish such statements relative to previous experience on similar work, the plan or procedure proposed, and the organization, machinery, plant and other equipment available for the contemplated work, and the financial condition and resources of the bidder, as may be deemed necessary by the Interim City Manager in determining such competence and capability.

12. Subcontractors. Pursuant to the Subletting and Subcontracting Fair Practices Act (Sections 4100-4113 of the California Public Contract Code), each bidder shall set forth the name, the location of the place of business and the California contractor license number 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 in an amount in excess of one-half (½) of one percent (1%) of the prime contractor's total bid. Bidders shall also set forth the portion of the work which will be done by each such subcontractor. Only one subcontractor for each such portion shall be listed.

13. Summary of Public Contract Code Section 9204. The following procedure will apply to any claims by the selected contractor on the City:

A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
Initial Review
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The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.

Meet & Confer
If the contractor disputes the City's written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.

Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.

Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum.

Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate, but cannot otherwise waive these claim procedures.

14. Bid Protest Procedures. Any bid protest must be submitted in writing before 4:00 PM no later than three (3) working days. following bid opening. Only a bidder that has actually submitted a bid proposal is eligible to submit a bid protest against another bidder. The bid protest document shall contain a complete statement of the basis for the protest and all supporting documentation. The protest shall refer to the specific portion of the contract documents upon which the protest is based. The protest shall include the name, address and telephone number of the person representing the protesting party. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to the protested bidder and all other bidders that have a reasonable prospect of receiving an award depending on the outcome of the protest. The protested bidder may submit a response to the bid protest, including any supporting documentation, to the City within three (3) working days following receipt of the bid protest. Upon receipt of a bid protest, the matter shall be reviewed by the Interim City Manager, whose decision shall be final. Any protests or materials submitted after the deadlines set forth herein will not be considered.
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PROPOSAL FORM

CITY OF BLYTHE GOLF COURSE WATER SUPPLY LINE PROJECT
SUBMITTED BY:
(Bidder's Name)
TO: City Clerk
City of Blythe
Dear Madam City Clerk:
be furnished and as to the requirements of the specifications and the contract. The undersigned agrees that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.

If awarded a contract, the undersigned agrees to execute and deliver to City of Blythe within ten (10) calendar days, a signed contract, the necessary insurance certificates, bonds, and all other required documents. If awarded the contract, the undersigned agrees to commence the work by the date set forth in the City's Notice to Proceed and complete the work within FORTY-FIVE (45) CALENDAR DAYS from the first day of commencement of such work unless a legal extension is granted in accordance with the terms set forth in the specifications, and to perform and complete the work as shown on the plans and in accordance with the specifications and other contract documents, and to furnish all labor, materials, tools and equipment necessary to complete the work in-place therefor, in the manner and time herein prescribed at the prices set forth in the attached bid schedule.
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PROPOSAL FORM
(CONTINUED)

CITY OF BLYTHE GOLF COURSE WATER SUPPLY LINE PROJECT

BID SCHEDULE
Bid Quantity Unit of Unit Price Total
Description Measure
Item
1 MOBILIZATION, LICENSES,

CONSTRUCTION STAKING, TAXES,

PERFORMANCE BOND, PAYMENT BOND,

INSURANCE, POTABLE DRINKING

WATER, CONSTRUCTION WATER,

FREIGHT, UTILITY RELOCATIONS,

TEMPORARY RESTROOM FACILITIES,

SITE SECURITY, DEMOBILIZATION,

CLEAN UP AND OTHER COSTS

SPECIFICALLY ADDRESSED WITHIN
THIS BID SCHEDULE 1 LS $ $
2 PROVIDE 1000' FEET OF 24" HDPE
PRESSURE PIPE OR BETTER. 1,000 FT $ $
INSTALLATION OF 1,000 FEET OF PIPE
FROM THE HEAD GATE ON A18-CHK TO

THE CISTERN AT THE HOLDING POND
ON HOLE #6 AT 48' FROM TOP OF THE
PIPE TO FINISH GRADE OF FIELD. 1 LS $ $
4 DEMOLITION OF EXISTING CONCRETE

SUPPLY PIPE TO BE BURIED AT A
MINIMUM OF 60' FROM TOP OF
FINISHED GRADE 1 LS $ $
5 FORCE ACCOUNT ALLOWANCE 1 LS 10% $
TOTAL BID AMOUNT (ITEMS 1-5) $
TOTAL BID AMOUNT IN WORDS:

Bidder's Initials
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PROPOSAL FORM
(CONTINUED)
NOTES:

1. The accuracy of estimate quantities as shown is not guaranteed; the bidder shall

2. The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs t complete the project, in compliance with the bid and contract documents and a

3. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices.

4. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. -16

PROPOSAL FORM
(CONTINUED)
Respectfully submitted,
Business Name of Bidder State License No. and Classification Exp. Date Signature of Bidder's Representative Date Business Address: Street Name and Title City State Zip Code
Business Phone Number
Taxpayer I.D. Number
If the bidder is a corporation, state the names of the officers who can sign an agreement on behalf of the corporation and whether one or more officers must sign.

L Corporation State of Incorporation: _
Can Sign Must Sign
Name:

Name: • •
Name:

If the bidder is a partnership or a joint venture, state the names all general partners and joint venturers.
• Partnership or Joint Venture
Name:

Name:

Name:
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LIST OF PROPOSED SUBCONTRACTORS
If awarded the contract, the bidder proposes to employ the following subcontractors, which will perform work or labor or render service to the bidder in or about the construction of the work in an amount in excess of one-half of one percent (0.50%) of the total amount bid. The bidder shall not be allowed to substitute another subcontractor for the subcontractor listed below without the written approval of the City. If no subcontract work is proposed, except within the one-half of one percent (0.50%) limit set forth above, the bidder shall so state.

Subcontractor Name:

Address:

License Number: Expiration Date:

Description of Work to be Subcontracted:

Subcontractor Name:

Address:

License Number: Expiration Date:

Description of Work to be Subcontracted:

Subcontractor Name:

Address:

License Number: Expiration Date: _
Description of Work to be Subcontracted:

Subcontractor Name:

Address:

License Number: Expiration Date:

Description of Work to be Subcontracted: _
Subcontractor Name:

Address:

License Number: Expiration Date:

Description of Work to be Subcontracted:

Subcontractor Name:

Address:

License Number: Expiration Date:

Description of Work to be Subcontracted:.
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SAMPLE

CITY OF BLYTHE

PUBLIC WORKS AGREEMENT
FOR
THIS PUBLIC WORKS AGREEMENT ("Agreement"), dated ("Effective Date"), is made by the CITY OF BLYTHE, a municipal corporation ("City"), and _ a [State] [corporation, limited liability company, etc.] ("Contractor").

WHEREAS, City desires to construct the public improvements described below under Paragraph 1, Scope of Work (the "Project"); and
WHEREAS, City has determined that Contractor is the lowest responsible bidder; and WHEREAS, City now desires to contract with Contractor to furnish construction and related services for the Project; and
WHEREAS, City and Contractor desire to set forth their rights, duties and liabilities in connection with the services to be performed.

NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the parties hereby agree as follows:

SCOPE OF WORK.

The work consists of (the "Work").

The Work is further described in the "Contract Documents" referred to below.

The Project is known as
CONTRACT DOCUMENTS.

The complete Agreement consists of the following documents relating to the Project:
(a) This Agreement;
(b) Contractor's bid (Exhibit A);
(c) Bid package (Exhibit B);
(d) Any addenda to the bid package (Exhibit C);
(e) Faithful Performance Bond and Labor and Material Bond, including agent's Power of Attorney for each bond (Exhibit D);
(1) Provisions of the most current edition of The Greenbook: Standard Specifications for Public Works Construction ("The Greenbook").

The documents attached hereto are incorporated herein by this reference. The Greenbook is incorporated by reference as if fully set forth herein. The documents comprising the complete -19
Agreement will be referred to as the "Contract Documents." All of the Contract Documents are intended to complement one another, so that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents.

In the event of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook.

The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations.

3. CITY'S REPRESENTATIVE.

The City's Representative is - referred to herein as the "City's Project Manager".

4. CONTRACTOR'S PROJECT MANAGER; PERSONNEL.

Project Manager. Contractor's representative is
as "Contractor's Project Manager." Contractor's Project Manager shall represent Contractor and oe its agent in all consultations with the City during the term of this Agreement. Contractor or Contractor's Project Manager shall attend and assist in all coordination meetings called by the City. Any substitution of Contractor's Project Manager must be approved in advance in writing by the City's Project Manager.
(b) Personnel. City has the right to review and approve any personnel who are assigned to perform work under this Agreement. Contractor shall remove personnel from performing work under this Agreement if requested to do so by City.

This Paragraph 4 is a material provision of the Agreement.

5. SCHEDULE.

All Work shall be performed in accordance with the schedule approved on behalf of City by the Project Manager, and in accordance with the time of performance set forth in Paragraph 11 (Time of Performance).

EQUIPMENT - PERFORMANCE OF WORK.

Contractor shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work of construction in a good and workmanlike manner in strict conformity with the Contract Documents.

The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or his or her designee, and subject to his or her approval.

COMPENSATION.

City shall pay Contractor in accordance with the fee schedule set forth in Contractor's bid.

Contractor's total compensation shall not exceed
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8. ADDITIONAL SERVICES.

Contractor shall not receive compensation for any services provided outside the scope of the Contract Documents unless such additional services, including change orders, are approved in writing by City prior to Contractor performing the additional services.

It is specifically understood that oral requests or approvals of such additional services, change orders or additional compensation and any approvals from City shall be barred and are unenforceable.

PAYMENTS TO CONTRACTOR.

On or before the last Monday of each and every month during the performance of the Work, Contractor shall meet with the City's Project Manager or his or her designee to determine the quantity of pay items incorporated into the improvement during that month. A "Progress Payment Order" will then be jointly prepared, approved, and signed by the City's Project Manager and the Contractor setting forth the amount to be paid and providing for a five percent (5%) retention. Upon approval of the progress payment order by the City's Project Manager, or his or her designee, it shall be submitted to City's Finance Department and processed for payment by obtaining approval from the City Council to issue a warrant.

Within three (3) days following City Council's approval to issue a warrant, City shall mail to Contractor a warrant for the amount specified in the progress payment order as the amount to be paid. The retained five percent (5%) shall bejpaid to Contractor thirty-five (35) days after the recording of the Notice of Completion of the Work by the City and after Contractor has furnished releases of all claims against City by persons who furnished labor or materials for the Work, if required by City.

Upon the request of Contractor and at its expense, securities equivalent to the amount withheld pursuant to the foregoing provisions may be presented to City for substitution for the retained funds. If City approves the form and amount of the offered securities it will release the retained funds and will hold the securities in lieu thereof. Contractor shall be entitled to any interest earned on the securities.

In the event that claims for property damage or bodily injury are presented to City arising out of Contractor's or any subcontractor's work under this Agreement, City shall give notice thereof to Contractor, and Contractor shall have thirty-five (35) days from the mailing of any such notice to evaluate the claim and to settle it by whole or partial payment, or to reject it, and to give notice of settlement or rejection to City. If City does not receive notice within the above-mentioned 35-day period that the claim has been settled, and if the City's Project Manager, after consultation with the City Attorney, determines that the claim is meritorious, City may pay the claim or a portion of it in exchange for an appropriate release from the claimant, and may deduct the amount of the payment from the retained funds that would otherwise be paid to Contractor upon completion of the Work; provided, however, that the maximum amount paid for any one claim pursuant to this provision shall be One Thousand Dollars ($1,000.00), and the maximum amount for all such claims in the aggregate paid pursuant to this provision shall be Five Thousand Dollars ($5,000.00).

10. PROMPT PAYMENT OF SUBCONTRACTORS.

Contractor agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than ten (10) days from the receipt of each payment the Contractor receives from City.
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thirty 30) daya dare the s turnt to se re alage payments to each subcontractor within Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City.

11. TIME OF PERFORMANCE.

Contractor shall commence Work by the date specified in City's Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within [working/calendar] days from the first day of commencement of the Work.

12. TERMINATION
(a) Termination for Convenience.

City may terminate this Agreement at any time, with or without cause, by providing thirty (30) days' written notice to Contractor.
(b) Termination for Breach of Contract.
(i) If Contractor refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if Contractor fails to complete the Work on time, arif Contractor, or_any subcontractor, violates any of the provisions of the Contract Documents, the Project Manager may give written notice to Contractor and Contractor's sureties of the City's intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the City, this Agreement may be terminated at the option of City effective upon Contractor's receipt of a second notice sent by the City indicating that the City has exercised its option to terminate.
(ii) If Contractor is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by City. (iii) If Contractor is in breach of any material provision of this Agreement, City may immediately terminate this Agreement by providing written notice to Contractor of same.

13. LIQUIDATED DAMAGES.

In the event the Work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the City's Project Manager, City may, in addition to any other remedies, equitable and legal, including remedies authorized by Paragraph 12 (Termination) of this Agreement, charge to Contractor or its sureties, or deduct from payments or credits due Contractor, a sum equal to _ as liquidated damages for each calendar day beyond the date provided for the completion of such Work.

The parties hereto agree that the amount set forth above, as liquidated damages constitutes a fair and reasonable estimate of the costs the City would suffer for each day that the Contractor fails to meet the performance schedule. The parties hereby agree and acknowledge -22
that the delays in the performance schedule will cause City to incur costs and expenses not contemplated by this Agreement.

14. PERFORMANCE BY SURETIES.

In the event Contractor fails or refuses to perform the Work, City may provide Contractor with a notice of intent to terminate as provided in Paragraph 12 (Termination), of this Agreement.

City shall immediately give written notice of such intent to terminate to Contractor and Contractor's surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after City's giving notice of intent to terminate, (a) give the City written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the City, that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the City of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, City may take over the Work and complete it, at the expense of Contractor, and the Contractor and the sureties shall be liable to City for any excess costs or damages including those referred to in Paragraph 13 (Liquidated Damages), incurred by City. In such event, City may, without liability for so doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to Contractor as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work.

DISPUTES PERTAINING TO PAYMENT FOR WORK.

Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which Contractor may be required to do, or respecting any payment to Contractor during the performance of this Agreement, such dispute shall be decided by the City's Project Manager, and his or her decisions shall be final and binding upon Contractor and its sureties.

16. SUPERINTENDENCE BY CONTRACTOR.

At all times during performance of the Work, Contractor shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for Contractor.

17. INSPECTION BY CITY.

Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the Work and to all shops on or off-site where the Work or portions of the Work, are in preparation. City shall have the right of access to the premises for inspection at all times. However, City shall, at all times, comply with Contractor's safety requirements on the job site.

18. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.

Contractor warrants that it has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this Agreement. Contractor, at Contractor's sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered to the site or stored off-site and for the Work performed until completion and final inspection and acceptance -23
by City. The risk, damage or destruction of materials delivered to the site or to Work performed shall be borne by Contractor.

19. CONTRACT SECURITY AND GUARANTEE.

Unless previously provided by Contractor to City, Contractor shall furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and the forms thereof shall be satisfactory to City. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S. Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents.

Contractor shall provide a certified copy of the certificate of authority of the surety issued by the Insurance Commissioner; a certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted; and copies of the surety's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.

Contractor guarantees that all materials used in the Work and all labor performed shall be in conformity with the Contract Documents including, but not limited to, the standards and specifications set forth in the most current edition of The Greenbook. Contractor shall, at its own expense, make any and all repairs and replacements that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and/or standard specifications; provided, however, that Contractor shall be obligated under this provision only to the extent of those failures or defects of which Contractor is given notice within a period of twelve (12) months from the date that the Notice of Completion is recorded. with all rights and remedies available to City pursuant to statutory and common law, which rights nor its furnishing of the bonds, nor acceptance thereof by City, shall constitute a waiver of any rights or remedies available to City against Contractor.

20. INDEMNIFICATION.

Contractor agrees to protect, defend, indemnify and hold harmless City and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury to or death of any person, and for injury or damage to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the -24
Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Contractor's proposal, which shall be of no force and effect.

Contractor shall comply with all of the provisions of the Workers' Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal or local laws applicable. Contractor shall indemnify and hold harmless City from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments, of every nature and description, including attorneys' fees, that may be presented, brought or recovered against City for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any Work performed under this Agreement by Contractor or any subcontractor or others performing on behalf of Contractor.

City does not, and shall not, waive any rights against Contractor which it may have by reason of the above hold harmless agreements, because of the acceptance by City or the deposit with City by Contractor of any or all of the insurance policies described in Paragraph 21 (Insurance) of this Agreement.

The hold harmless agreements by Contractor shall apply to all liabilities, expenses, claims, and damages of every kind (including but not limited to attorneys' fees) incurred or alleged to have been incurred, by reason of the operations of Contractor or any subcontractor or others performing on behalf of Contractor, whether or not such insurance policies are applicable.

Contractor shall require any and all tiers of subcontractors to afford the same degree of indemnification to the City of Blythe and its elected and appointed boards, officers, agents, and employees that is required of Contractor and shall incorporate identical indemnity provisions in all contracts between Contractor and all tiers of its subcontractors.

In the event that Contractor and City are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of Contractor, or by a dangerous condition of City's property created by Contractor or existing while the property was under the control of Contractor, Contractor shall not be relieved of its indemnity obligation to City by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the City.

21. INSURANCE.
(a) Minimum Scope and Limits of Insurance. Contractor shall not commence Work under this Agreement until it has obtained all insurance required under this Paragraph 21 and City has approved the insurance as to form, amount, and carrier, nor shall Contractor allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved.

Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
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(i) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (ii) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (iii) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (iv) Umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions:
(1) A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; (4) Policies shall "follow form" to underlying primary policies; and (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(i) Additional insureds: The City of Blythe and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor." (ii) Notice: "Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to City." (iii) Other Insurance: "Contractor's insurance coverage shall be primary insurance as respects the City of Blythe, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Blythe shall be excess and not contributing with the insurance provided by this policy." -26
Reporting Provisions. Any failure of Contractor to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Blythe, its officers, officials, agents, employees, and volunteers.

Insurance Applies Separately. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insure except the named insured can satisfy any such deductible or self-insured retentior Proof of Insurance. Contractor shall furnish certificates of insurance and additional insured endorsements to the City, in a form satisfactory to City's Risk Management, within ten (10) days from the Effective Date of this Agreement and prior to commencement of the Work. No payments for services provided by the Contractor under this Agreement shall be made by the City until it is in receipt of said certificates. Refusal to submit such certificates shall constitute a material breach of this Agreement entitling the City to any and all remedies at law or in equity, including immediate termination of this Agreement.
may be held responsible for payments of damages lo persons or property.

22. PREVAILING WAGE REQUIREMENTS.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. This Project is a "public works" project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. (b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file with the City and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the Project site(s).

Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractors) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor's or any subcontractor's employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) 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 Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the Work by -27
Contractor or by any subcontractors) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the provisions of Sections 1810 et seq. of the Labor Code.

Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.

Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractors) shall keep accurate payroll records, showing the name, address, social security number, work classification, 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 Contractor or any subcontractor in connection with 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 Sections 1771, 1881, and 1815 of accordance with the requirements of Labor Code Section 1776. Contractor shall also furnish each week to City's Project Manager a statement with respect to the wages of each of its employees during the preceding weekly payroll period.

Registration with DIR: Contractor and any" subcontractors) of Contractor shall comply with the provisions of Labor Code Sectión 1771 and Labor Code Section 1725.5 requiring registration with the Department of Industrial Relations (DIR).

23. COMPLIANCE WITH ALL LAWS.

Contractor shall, at its own cost and expense, comply with all applicable local, state, and federal laws, regulations, and requirements in the performance of this Agreement, including but not limited to laws regarding health and safety, labor and employment, and wage and hours.

24. NON-DISCRIMINATION.

In performing this Agreement, Contractor will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status or sex, or sexual orientation except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the Labor Code.

25. PROVISIONS CUMULATIVE.

The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to City.

26. NOTICES.

It shall be the duty and responsibility of Contractor to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to no other department, and shall be either personally delivered or sent by certified mail, postage prepaid. -28-
All other notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City pursuant to this Agreement shall be addressed as follows:

City of Blythe
235 N. Broadway
Blythe, CA 92225
Attn: Mallory Crecelius
Notices required to be given to Contractor shall be addressed as follows:

Attn:

Notices required to be given to Contractor's sureties shall be addressed as follows:

Attn:

27. INDEPENDENT CONTRACTOR
The parties hereto acknowledge and agree that the relationship between City and Contractor is one of principal and independent contractor and no other. All personnel to be utilized by Contractor in the performance of this Agreement shall be employees of Contractor and not employees of the City. Contractor shall pay all salaries and wages, employers social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that Contractor is not a partner with City, whether general or limited, and no activities of City or Contractor or statements made by City or Contractor shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship.

28. PERS ELIGIBILITY INDEMNIFICATION.

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees' Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby -29
agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

29. VALIDITY.

The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement.

30. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Riverside, California.

31. NO THIRD PARTY BENEFICIARY RIGHTS.

This Agreement is entered into for the sole benefit of the City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

32. ASSIGNABILITY.

This Agreement may not be transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party's written permission.

Any such transfer or assignment, or attempted transfer or assignment, without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void.

WAIVER.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

34. HEADINGS.

Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof.

35. COUNTERPARTS.

This Agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one Agreement.

36. CORPORATE AUTHORITY.

The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. -30
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF BLYTHE CONTRACTOR
[Name] Signature
[Mayor or City Manager]
Name and Title
ATTEST:

Blythe City CouncilOctober 20, 2022

Blythe City Council
October 20, 2022