EXHIBIT A
INNOVATING FOR A BETTER TOMORROW
SOUTHERN CALI FORNIA
ASSOCIATION OF GOVERNMENTS
900 Wilshire Blvd., Ste. 1700
Los An geles, CA 90017
T: (213) 236-1800
www.scag.ca.gov
REG IONAL COUNCIL OFFICERS
Presidenl
Alan D. Wapner, San Bernardino
County Transportation Au thority
First Vice Presiclenl.
Bi ll Jahn, Big Bear Lake
Second Vice President
Randon Lane, Murrieta
Immediate Past President
Margaret E. Finlay, Duarte
COMMITTEE CHAIRS
Executive/Administration
Alan D. Wapner, Sa n Bernardino
County Transportation Authority
Community, Economic &
Human Development
Peggy Huang, Transportation
Corridor Agencies
Energy & Environmenl
Linda Parks, Ventura County
Transportation
Curt Hagman, San Bernardino
Count y
April 23, 2019
David Dale
City of Calexico
608 Heber Avenue
Calexico, Ca lifornia 92231
RE: Southern California Association of Governments (SCAG} Sustainable Communities Program (SCP} 2018 Call for Applications Dear Mr. Dale,
On behalf of the Southern California Association of Government s (SCAG), I am pleased to inform you that the Rockwood Avenue Promenade Quick Build demonstration project was approved at the Regional Council meeting on Thursday, M arch 7, 2019 under the Sustainable Communities Program (SCP) and formally adopted under the Regional ATP by SCAG's Regional Counci l on April 4, 2019.
SCAG looks forward to partnering w ith the City of Calexico on this planning assistance and appreciat es your interest in our program. This project has been awarded Active Transportation Program (ATP) funding which includes a few more steps prior to launching t he project. The next steps are:
• The California Transport ation Commission will adopt the 2019 SCAG Regional ATP in M ay or June 2019.
• SCAG will secure allocation from the California Transportation Commission for ATP Funds in summer of 2019 and program your project in the Federal Transportation Improvement Program (FTIP). • SCAG will coordinate with you on developing the detailed scope of work beginning winter 2019/2020.
• SCAG will procure a qualified consultant beginning winter through spring 2020.
• SCAG w ill issue a notice to proceed and coordinate with you and the consultant to schedule a project ki ck-off meeting. This step is anticipated to occur in summer 2020.
If you have any questions please do not hesitate to contact, Hannah Brunelle, Assist ant Regional Planner, at (213) 236-1907 or by email at bru [email protected] .gov.
Page I 1 of2
Thank you again for your interest in partnering with SCAG to plan for a better future for your community and the entire SCAG region.
Sincerely,
Sarah Jepson
Acting Planning Director, SCAG
Page I 2 of 2
EXHIBIT B
ROCKWOOD ROLL-OUT
The City of Calexico is working to improve
pedestrian and bicycle safety for people walking,
biking, and rolling in downtown, along Rockwood
Avenue, between 1st Street and 2nd Street.
WE INVITE YOU TO SHARE YOUR FEEDBACK!
As part of Calexico's Rockwood Roll-Out initiative,
the City will host a bicycle and walk audit on the
same day to collect feedback on pedestrian and
bicycle safety in Calexico.
BE A PART OF THE WALK OR BICYCLE AUDIT.
The audit sessions will discuss existing street
conditions, known hotspots and additional areas
of concern. Join us in making a more pedestrian
and bike-friendly city.
DON'T FORGET TO BRING:
• Plenty of water
• Sunscreen
• Comfortable shoes & clothing
• Bike in good working condition (bike audit only)
• Helmet (bike audit only)
Bicycle/walk audit route & further instructions will
be sent to email provided upon registration.
0 ® 6
@ CltyofCalexico-CityHal/ I @theCityofCalexico I bit./y/RockwoodLoca/Demo Colexk:o's RCCKWOOD RCLL-C11JT
JOIN
US!
Saturday
May 14th, 2022
10:00 AM -
12:00 PM
Registration Link:
bit. ly /CalexicoAudits
SCAN ME
Questions? Call (273) 629-2742 or
email [email protected]
ROCKWOOD ROLL-OUT
La Ciudad de Calexico esta trabajando para mejorar
la seguridad de los peatones y ciclistas en el centre
de la ciudad, a lo largo de Rockwood Avenue, entre
1st Street y 2nd Street.
iLE INVITAMOS A COMPARTIR SUS COMENTARIOS!
Como parte de la iniciativa Rockwood Roll-Out
la Ciudad organizara una auditoria a pie y ciclista
el mis mo df a para recopilar comentarios sob re la
seguridad de los peatones y ciclistas en Calexico.
SEA PARTE DE LA AUDITORfA A PIE 0 CICLISTA.
La sesi6n de auditorf a se enfocara en las condiciones
de las calles existentes, areas crfticas y otras areas de preocupaci6n. Unase con nosotros para realizar una
ciudad mas segura para los ciclistas.
NO OLVIDE TRAER:
• Agua
• Protector solar
• Ropa y zapatos c6modos
• Bicicleta en buen estado (solo auditoria ciclista)
• Casco (solo auditoria ciclista)
La ruta de auditoria a pie/ciclista y mas instrucciones se enviaran al correo electr6nico proporcionado al registrarse. o ® a Coterlco's
" iUNASE A
NOSOTROS!
Sabado
14 de Mayo de 2022
10:00 AM -
12:00 PM
Use este enlace
para registrarse:
bit.ly/CalexicoAudits
SCAN ME
c_Preguntas? Llame al (273) 629-2742
o env{e un correo e/ectr6nico a
[email protected]
@ CityofCalexico-CityHall I @theCityofCalexico I bit.ly/Rockwoodloca/Demo RllCKWOOD RlllL·OOT
EXHIBIT C
INNOVATING FOR A !ETIER TO RR \',
•. at.: Safe ~ ~Routes ~~ PARTNERSHIP ~.A m r~~;.'i:·~ \~ ~;.} .~:Y·~~ "'
-1 CALEXICO
w.'". c HO' ..... m '" "'
L~vri /)ni:J'Al
M'"
,vnia i.il-~i ~
RCCKWOOD R(llL-VlJT
• Welcome
• Project Team
• What is a Quick Build?
• Project Goals and Objectives
• Project Timeline
• Quick Build Design
• Placemaking Elements
• Community Engagement
• Next Steps
2 3
• City of Calexico: Lilliana Falomir,
Public Works Manager; Diego
Favila, Interim City Manager
• SCAG: Hannah Brunelle
• KOA: Carlos Velasquez (PM), Raquel Jimenez
(Project Coordinator)
• HereLA: Community Touchpoints and Urban
Design
• Leslie Scott Consulting: Engagement Lead
• Safe Routes Partnership: Kori Johnson,
Michelle Lieberman - CAC and TAC
• LA County Bicycle Coalition: Bike Audits
• A quick build is a pilot infrastructure project that provides opportunities for a city to test improvements for people walking and biking, engage the local community, collect and evaluate feedback and data, and expedite permanent changes. The quick build should last between 6-12 months.
• A quick build uses short-term, low-cost and scalable interventions that allow for modifications and feedback before a permanent project:
•
•
•
•
4 Traffic marking paint
Flexible delineators
Planters
Signage
Location: Ojai Quick Build 2020
QJ
-a
cu
c
QJ
E
0 Vl ~ Vl
0... QJ
u
cu u
Vl ::J
cu Vl
QJ 0) cu
::J
c c u
~
QJ u QJ
> <( u
~ E ·- E -a ..0
0 -a 0
0 c
u.
$ cu -a
.:::L 0)
c
u cu
0 c ~ .:::L ~
+-'
c cu
QJ
4-
0 $ cu
Vl
Vl QJ ·- QJ
> +-'
c 0 >
QJ E 0
~
I 0 0..
QJ
~
~ E 0..
l.f)
• • •
6 Project
Kick-Off
Oct 2021
Doto Collectton &
Existing Conditions
Analysis
Dec. 2021 -Apr. 2022
Formation of lechnlool &
Community Advisory
Committees
DEC . 2 021 - .Jon .. 2022
Concept
Design
Apr. - .June 2022
Walk& Bike
AudJts
Moy 2022
QulckBund
Kick-Off
Foll 2CQ2
Cbmmunlty
Touchpoints
Mey - Dec_ 2022
Program
Conc[Uslon
2023
Ll.l
~ f..I'
INIQJ::l'l'.....:U JUJ
1'01t~
>-
Li...
Pavement
Marking
Crosswalk
ROCKWOOD PILOT PROJECT
Place making Concept Drawing
Description
Placemaking elements
S-mu..t. Bluo hatched.,...
lntonldioM lndudod for m•lmum
impoct•nd~n
(Apprux 27,SOOSf or 0.63.t.C)
Est. Cost
$60,000
Co.st not Incl tided
--..... e_ I I eornmerc1a1 gr.do aton.,.11ghts. $5,000
6 N
(oppn11<\200LF)
Shode-(411" bati C•l 60". 60". 36" wood plonten. (.C)
- c.lorful bistro tables end choln.
Stcnd1 pointed (or vinyl lllfd< .. )
wflh brightpoU.. dob. (<40)
SMdc.,, onat-oy wW., 11rvng
--
~ b<Aldlng cdgn,- Hcnglftg panels of col-
~
lcbric heng ""'" - coten.ry.W.. ... ,.,1n~r ... -.oe1.
-
$2.C,000 ($6.000 oo)
$11,200 ($2,JJOO oo)
$6,500
($150 eo, plvs $500
.tlltlO/sorWiliJ
$13,300
Cv;tomjoOricariofl
Traffic conb'd. elements ere not shaNn
Artwork dirrte-nsi:m b: estimated
Costs de:sc:rb!d ere estimetes end include major me1'1ial cost> onl~ Cost> do not hclude lebcr/instoU.tion, planting, lrr;g.tlol\detllle<y;etc.
Ste= olong Rock...oc>dwould be reqli~to tolce In th•
tobles and chan eoch nlgi't.
HERE ~·=~ MAY262022
11 Walk and Bike Audits occurred simultaneously
Saturday, May 14th, 2022
• Participants' main concerns revolve around the quality of the road in the project area, pedestrian safety, and
emergency access.
• Participants were most in favor of including elements such as trees in planters and upgraded traffic control during the Quick Build demonstration.
12 Community Touchpoints (7)
Provide the most intimate and creative means for the
community to engage and understand the heart of the
Rockwood Roll-Out. At least three (3) will specifically use arts-based methods
Goals:
• Facilitate meaningful, clear, and constructive
conversations with those impacted directly by the project • Foster a positive atmosphere and open communication
surrounding the Quick-Build
• Include key populations into the formation of the Plan, for example transit dependent populations, youth, the
elderly, or populations from target neighborhoods
• Community Touchpoints: six left
• Quick Build Engineering Design Completion
• Quick Build kick-off (Fall 2022)
• Program Conclusion
13 EXHIBIT D
SCAG Local Demonstration - Rockwood Ave between 1st and 2nd Street Calexico Canvassing
Date: 9/13/22
Touchpoint #:
Staff: David Mariscal & Alberto Salgado
Instructions: Use this worksheet and canvassing map to keep record of outreach efforts.
Colexico's
RCCKWvtlD RClL-VUT
Use the space provided below to insert how many factsheets your team began the touchpoint. At the end of the touchpoint, return to this section and note how many factsheets you have left. This will serve as a rough est imate of people engaged/reached.
Distributed 13 Factsheets
N
A
Canvassing M ap
.,
> <(
'O
0 0
;:
.:t!
u
0 er:
.,
>
<(
'O
0 0
;:
.:t!
u
0 er:
E 2nd St
E 1st St
SCAG Local Demonstration - Rockwood Roll-Out
Calexico Canvassing
Strategy 1: Material Drop Off
Strategy 2: Intercept Canvassing
Strategy 3: Door-to-Door
Calexfco's
JlCCKWom> RalL-CJ1JT
Instructions: Check the column of the corresponding strategy used at each location. Use the notes section to fill in any comments, questions, observations made at each location. For any location not listed, use the blank spaces to insert information. 101 Rockwood Ave x
116 Rockwood Ave x
118 Rockwood Ave x
113 Rockwood Ave x
iLJnable to leave material. Business appeared shut down or 'closed - doors were boarded and locked. There was no
secure location to leave cooies of factsheet or fliers.
Clothing/ general store. Factsheet was distributed to
employee who promised to pass along to owner. They
indicated that they would like to see more security along Rockwood Ave and were especially in favor of introducing more lighting and pedestrian activity to the street as an ooportunity to increase business and clean up the street.
Clothing/ general store. Factsheet was distributed to
employee who promised to pass along to owner. They had
no comments about the oroiect.
17 / 11 convenience store. Factsheet was distributed to an employee who promised to pass along to the franchise
owner. They were not in support of the project, specifically regarding concerns of delivery disruptions and potentially attracting more vagabonds to Rockwood Ave (a persistent problem for pedestrians, patrons, and business owners). 120 Rockwood Ave x Sto
rage and postal services establishment. Factsheet was
given to employee who promised to pass
along to owner.
[They indicated that they planned to submit comment
online, specifically reg
arding concerns about the project
potentially disrupting delivery services to local businesses (currency exchange establishments in particular) and potentially attracting mo
re vagabonds to Rockwood Ave (a
persistent problem for pedestrians, pa
trons, and business
owners).
120 #B Rockwood Ave x Cloth
ing/ general store. Factsheet was distributed to
employee who promised to pass along to owner. They
indicated that they and the owner are not
in favor of
project, specifically regarding concerns of attracting
l'Jagabonds
(a persistent problem for pedestrians, patrons,
and business owners), crime
(they told us that business
owners have experienced
robberies), and taking away the
convenience of park
ing on Rockwood Ave.
121 Rockwood Ave x Uack in the Box fast food
restaurant. Factsheet was
distributed to the onsite manager who promised to pass
along to t he franchise owner. They indicated some
concerns about delivery disruptions and attracting more l'Jagabonds to Rockwood
Ave (a persistent problem for
pedestrians, patrons, and business owners).
125 Rockwood Ave x Clothing
/ general store. Factsheet was distributed to
employee who promised to pass along to owner. They were generally in favor of the project; however, they also raised concerns of attracting more vagabonds to Rockwood Ave
(a persistent problem for pedest
rians, patrons, and business
owners).
205 Rockwood Ave x
Immigration/ legal/tax services establishment. Factsheet was distributed to emp
loyee who promised to pass along to
owner. They indicated that they were in generally in favor of the project; however, did flag concerns for other
businesses such as delivery disruptions, exacerbating crime, and attracting vagabonds (a persistent problem for
pedestrians, patrons, and business owners).
129 Rockwood Ave x Currency exchange es
tablishment. Factsheet was
distributed to the owner. They indicated that there were not in favor of the project, specifically regarding concerns of attractinq vaqabonds, disruptinq delivery services, and exacerbating crime. A as a business owner that deals with large quantities of physical currency, having to walk a longer distance from their store to
their car would make
~hem feel unsafe. Street parking offers them security when operating their business. However, they did appreciate the push to improve the street. They shared that if security and delivery services could be addressed,
they would be more
open to supporting the project.
131 Rockwood Ave x Mobile phone/ data provider establishment. Factsheet was distributed to employee who promised to pass along to
owner. They indicated that they are concerned t he project could exacerbate crime and attract mo
re vagabonds (a
persistent problem for pedestrians, patrons, and business owners). They also flagged need to improve security along Rockwood Ave.
210 Second St x
lathing/ general store. Factsheet was distributed to
1employee who promised to pass along to owner. They did not have anv comments about the proiect.
Clothing/ general store that faces both Rockwood Ave and econd Street. Factsheet was distributed to emplo
yee who
1Promised to pass along to owner. They did not have any ~comments about the proiect.
EXHIBIT E
AGENDA STAFF REPORT
DATE: September 14, 2022
TO: Mayor and City Council
APPROVED BY: Esperanza Calio Warren, City Manager ~ PREPARED BY: Lilliana Falomir, Public Works Manager-Admini t SUBJECT: Asphalt Art Initiative Program:
1. Adopt a Resolution of the City Council of the City of Calexico Ratifying the Submittal of Asphalt Art Grant Application and Authorizing the City Manager to Execute Agreements and/or Any Documentation Pertaining to Bloomberg Philanthropies Asphalt Art Initiative Program.
2. Approval of $3,000.00 from Fund No. 223 - Art in Public Places for Local Match.
3. Approval of $6,502.00 from Fund No. 111 - General Fund and Fund No. 231 - Streets for City Staff In-Kind Services
------------------------------------------------------------------- ------------------------------------------------------------------- Recommendation:
It is recommended that the City Council of the City of Calexico approve the following:
1. Adopt a Resolution of the City Council of the City of Calexico Ratifying the Submittal of Asphalt Art Initiative Grant Application and Authorizing the City Manager to Execute Agreements and/or Any Documentation Pertaining to Bloomberg Philanthropies Asphalt Art Initiative Prowam.
2. Approval of $3,000.00 from Fund No. 223 -Art in Public Places for Local Match.
3. Approval of $6,502.00 from Fund No. 111 - General Fund and Fund No. 231 - Streets for City Staff In-Kind Services.
Background:
In 2019, the City of Calexico (Lead Applicant) and the Calexico Arts Council, Inc. (CoApplicant/Fiscal Agent) submitted a grant application to Bloomberg Philanthropies for funding under their Asphalt Art Initiative Program. The Calexico Arts AGENDA Council, Inc. is the co-applicant/fiscal agent for this Asphalt Art grant ITEM because one of Bloomberg Philanthropies Asphalt Art grant requirements was that any city submitting a grant application partner with a non-profit organization. On September 10, 2020, the City of Calexico received a letter from Bloomberg Philanthropies awarding $25,000.00 to Calexico Arts Council, Inc. through their Asphalt Art Initiative Program. The scope of work for said grant is to paint an asphalt art on Rockwood Avenue between 151 Street and 2nct Street for our Rockwood Avenue Promenade Quick Build Project.
Discussion & Analysis:
The plans for the City of Calexico Rockwood Avenue Promenade Quick Build Project are 60% complete and approximately 8,600 square feet north of Rockwood Avenue between alley and 2nd Street has been reserved for the asphalt art. While the plans of our Rockwood Avenue Promenade Quick Build Project get finalized, the Calexico Arts Council, Inc. would like to begin the Asphalt Art Call for Artists but first the City Council of the City of Calexico needs to ratify the submittal of Asphalt Art Initiative Grant Application in order to comply with Resolution No. 10-106A - Grant Management Policy and · Procedure.
When the Asphalt Art Initiative grant application was submitted in 2019, it stated that the City of Calexico would provide a local match of $3,000. Unfortunately, City staff researched all agendas and minutes from 2019 to present and we were unable to locate the preapproved allocation for said grant; therefore City staff is recommending that the City use $3,000 from Fund No. 223 - Art in Public Places.
In addition to the $3,000.00 the City will be using from Fund No. 233-Art in Public Places, the City will also be providing In-Kind Services in the amount of $6,502.00 to administer the Asphalt Art grant as we are the lead applicants. The In.Kind services that City will be providing is as follows:
• CATEGORY A-ADMINISTRATION
o Task 1: Project Management
• CATEGORY B - CALL FOR ARTISTS
o Task 2: Press conferences
o Task 3: Submittal of Proposals
o Task 4: Selection Process
o Task 5: Award Ceremony and Showing
• CATEGORY C-ASPHALT ART INSTALLATION
o Task 6: Purchase of Material
o Task 7: Planning Painting Event Activities
o Task 8: Painting Day
• CATEGORY D - PROJECT COMPLETION
o Task 9: Submittal of Final Report to Bloomberg and City Council Please note that the above-mentioned services will be performed by City staff in the City Manager's Office, Human Resources Department, Finance Department, Recreation Department and Public Works Department.
For these reasons, City staff is recommending that the City Council adopt a resolution of the City Council of the City of Calexico ratifying the submittal of Asphalt Art Initiative grant application and authorize the City Manager to execute agreements and/or any documentation pertaining to Bloomberg Philanthropies Asphalt Art Initiative Program.
Fiscal Impact:
Revenue
Bloomberg Philanthropies Asphalt Art Grant
Fund No. 223-90-963-56003-000 Art in Public Places
In-Kind Services (Fund No. 111 - General Fund and
Fund No. 231 - Streets
Total
Estimated Expenditure
Artist
Art Installation - Materials & Supplies
Art Event - Materials & Supplies
Outdoor Community Event Liability Insurance
Calexico Arts Council Administrative Fee
City of Calexico Administrative Fee
Total
Coordinated With:
City Manager's Office.
Public Works Department.
Recreation Department.
Calexico Arts Council, Inc.
Attachment(s):
$25,000
$3,000
$6,502
$34,502
$8,000
$14,400
$600
$2,000
$3,000
$6,502
$34,502
1. Resolution No. 2022-_ of the City Council of the City of Calexico Ratifying the Submittal of Asphalt Art Initiative Grant Application and Authorizing the City Manager to Execute Agreements and/or Any Documentation Pertaining to Bloomberg Philanthropies Asphalt Art Initiative Program.
2. 2019 Asphalt Art Initiative Grant Application.
3. Bloomberg Philanthropies Award Letter dated September 10, 2020.
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO RATIFYING
THE SUBMITTAL OF ASPHALT ART INITIATIVE GRANT APPLICATION AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND/OR ANY
DOCUMENTATION PERTAINING TO BLOOMBERG PHILANTHROPIES ASPHALT ART INITIATIVE PROGRAM.
WHEREAS, the City of Calexico, as the lead agency and the Calexico Arts Council, Inc., as the fiscal agent submitted a 2019 Asphalt A.rt Initiative grant application to Bloomberg Philanthropies to paint asphalt art on Rockwood A venue between 1st Street and 2nd Street; and WHEREAS, On September 10, 2020, Bloomberg Philanthropies awarded the City of Calexico and the Calexico A.Its Council, Inc. a grant in the amount of $25,000 with a local match of $3,000 to paint asphalt art on Rockwood Avenue between 1st Street and 2nd Street; and WHEREAS, the City of Calexico wishes to use $3,000 from Fund No. 223 - A.Its in Public Places as the local match for said Asphalt A.It Initiative grant; and WHEREAS, the City of Calexico wished to use $6,502 from Fund No. 111 - General Fund and Pund No. 231 - Streets as In-Kind Services for said Asphalt A.It Initiative grant; and WHEREAS, the City of Calexico wishes to ratify the submittal of 2019 Asphalt A.It Initiative grant application to Bloomberg Philanthropies; and WHEREAS, the City of Calexico wishes to delegate authorization to execute agreements and/or any documentation to the City Manager pertaining to Bloomberg Philanthropies Asphalt Alt Initiative Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO DOES HEREBY RESOLVE, DECLARE, AND DETERMINE AND ORDER AS FOLLOWS:
1. Authorization to use $3,000 from Fund No. 223 - Arts in Public Places as the local match for said Asphalt A.It Initiative grant.
2. Authorization to use $6,502 from Fund No. 111-General Fund and Fund No. 231 - Streets as In-Kind Services for said Asphalt AI'l Initiative grant.
3. Authorization to ratify the submittal of 2019 Asphalt A.It Initiative grant application to Bloomberg Philanthropies.
4. The City Manager or his designee is authorized to execute grant application, agreements and/or any documentation pertaining to the California Water and Wastewater AlTearage Payment Program funded by the State of California Water Board.
PASSED, APPROVED AND ADOPTED this ___ day of September 2022.
ATTEST:
Gabriela T. Garcia, City Clerk
Approved as to Form:
Carlos Campos, City Attorney
State of California )
County of Imperial ) ss.
City of Calexico )
Javier Moreno, Mayor
I, Gabriela T. Garcia, City Clerk of the City of Calexico do hereby certify the above Resolution No. 2022-_ _ was approved at a regular City Council meeting held on the day of September 2022, by the following vote to-wit:
AYES:
NOES:
ABSTAIN:
Gabriela T. Garcia, City Clerk
e
0 Asphalt Art Initiative: 2019 Application
Mame of City:
Enter name of city below
Clly or Calexlco
Lead Applicant Name:
Enter name of city department below
Development Services Department - Planning Division
Fiscal Agent Name:
Enter name of organization below·
Calexico Arts Center (Carmen Durazo Cultural Arts Center) Budget Narrative
Bir )OJ nl u-rg
Phil mthro1
Please provide a brief budget narrative In the box below summarizing key cost categories and how the budget aligns with project deliverables. ~lease limit your response to 250 words or less.
Enter Text Below
Funds will be used to pain 114 or the total slle with art pieces. Estimated cost for the paint wll be $16,250 ($4.00/SF) using high quality pnlnVsealers ensuring that the project can endure heavy pedestrian traffic and summer heat. 12% or the funds ($3,000) will be used by lhe Carmen Durazo Cult.ual Arts Center to serve as the fiscal agent and host the public visioning meetings and selection of artlsl(s). The remaining %750 will be used to commission the selected Asphalt Art and will pay local artists. ln-l<lnd Support
Please provide a brief description of any in-kind support from the munlclpalily (e.g. permitting, repaving, installing planters or traffic barriers, or long-term maintenance). You may also specify any In-kind support from outside sources, If applicable. Please limit your response to 100 words or less.
Enter Text Below
The City has secured $200,000 for the implementation of the Rockwood Promenade project from the Southern CA Association of Governments (SGAG). The Lead Applicant (City) Is not asking for comensallon to serve In this role, only for assistance with visioning + public meetings and Implementation or the project on the part of the Cultural Arts Center. Public Works and Planning Division wlll be compensated by the use of SGAG appropriated funds.
Indirect Rate (%)
Please Indicate the Indirect rate requested by your organization. Indirect expenses are those that are not directly related to the program, but stlll necessary for the overall operations. They are usually administrative or facility-related costs such as executive suite, Insurance, rent, utilities, telephone, etc. Please note that Bloomberg Philanthropies does not cover indirect costs that exceed 15% of direct expenses.
Enter Rate Below
12%
Please provide a summary of your Indirect costs
Enter Text Below
12% or the funds, or $3,000 will be used by the Cultural Arts Center to serve as the fiscal agent and host public visioning meetings +selection of artists.
Aspl1alt Art Initiative: 2019 Application
Submlssio11: City of Calexico : (Development Services Department· Pf; Project Budget
Category Details (P/oose provide • brf•fdcscnpllon of •nO"clpoled Amount($) %of costs In each cologory) (Pl .. •• populole for Total eich category) Design Provided to the Cultural Arts Center for the 3,000 11% Public Design Process Labor Commissioning of the Art Pieces 5,750 21%
Supplies Street Paint and Sealers 16,250 56%
..
Other 0%
Total Direct Costs 25,000 69%
Total Indirect Cost& 3,000 11%
ITotat Project Costs 26,000
Project Support (applicant to populate as sppl/cab/e)
Funders Amount($) o/oof
Total
Bloomberg Philanthropies• 25,000 69%
City of Calexico 3,000 11%
0%
0%
0%
0%
0%
0%
0%
0%
0%
I Total Project Support 26,000
I variance 0
•Amount lo bo 1equ&Slud from DP If opp/Scot/on Is so/eclcd ••a wln11<1r. Awords 010 up to $26k Bl1101nl11 ·1·g I •11iht1t I iror)it·i-:
r----------------------1
Examples: '
Design; artist fees, paid labor for
Installation, site plan, traffic control plan,
otc.
!&Jl.Qr: project management, volunteer
organizing, community outreach, data
collection, Installation, etc.
Supplies: painting materials, bollards,
I reflective tape, marketing and outreach i materials, data collecllon, etc . i .Q!hfil: Event fees, permit fees, any
j other costs not referenced above.
--- -- --- -----------·
1 Bloomberg
Philanthropies
September 10, 2020
The Honorable Bill Hodge
Mayor of the City of Calexico
608 Heber Avenue
Calexico, CA 92231
Dear Mayor Hodge:
Congratulations to the City of Calexico on being named a Bloomberg Philanthropies 2020 Asphalt Art Initiative Winner!
We are pleased to let you know that the contribution of $25,000 was sent today by wire transfer to Calexico Atts Council. These funds are intended to supp01t the City of Calexico's work to create a new pedestrian plaza on the U.S./Mexico border that will prioritize pedestrian safety and enhance the economic vitality of downtown Calexico.
Please have your team continue to work with David Andersson and keep him apprised of the progress of your project. If you have any questions or require additional information, please contact David at [email protected] or (34 7) 931-6410.
Sincerely,
Emma Bloomberg
cc: Carmen Durazo
Christopher Velasco
25 East 78th Street, New York, NY 10075
Georgina Bloomberg
EXHIBIT F
gehuman
Calexico's
RCCKWOOD RClt-CUT
The City of Calexico, in partnership with the Southern California Association of Governments (SCAG)'s Go Human Campaign, is conducting the Rockwood Roll-Out Quick Build project, along Rockwood Avenue, between 1st Street and 2nd Street. The temporary project will include improved crosswalks and a car-free promenade to increase space for pedestrians along the corridor.
WHAT IS A QUICK BUILD?
A Quick Build is a pilot infrastructure project that provides an opportunity for the community to test out and share feedback on safety improvements for people walking, biking, and rolling. The temporary Quick Bui ld includes a variety of materials, like traffic marking paint, flexible delineators, planters, and signage to create the project. Community feedback will determine whether the Quick Build elements wi ll be implemented permanently.
PROJECT GOALS
Re-envision Rockwood Avenue as a car-free promenade
Improve public health outcomes by promoting walking and bicycling Improve safety and commercial success
Gather feedback from the community on temporary treatments Prxtrotdi!Ol1
Website: https://bit.ly/Rockwoodl ocalDemo or scan QR code City Website: https://www.calexico.ca.gov/ Questions? Email !he proiect team at
[email protected]
LEARN MORE & GET INVOLVED
The City's Rockwood Roll-Out will include activities such as touchpoints, walk/bike audits, and the Quick Build kick-off celebration event for the community to provide input. Please visit the project website at https://bit. ly/RockwoodLocalDemo to learn more and provide feedback on the project elements.
PROJECT AREA
2nd St
Calexico
N
A 1st St
*Map not drawn to scale
TIMELINE HIGHLIGHTS
Ill
~ "O
0 0
~ (.)
0 0::
LEGEND
- Promenade
......... High Visibility
Pedestrian Crosswalk
Temporary Landscape
Planters
'.----~~~~, .............. .--~
Project Start
Fall 2021
Community
Touchpoints
2022 - 2023
0 0 GJ /GoHumanSoCal #GoHumanSoCal
Quick Build Kick-Off &
Demonstartion Foll 2022 - 2023
Project
Conclusion
2023
ga an
Ca/exico's
RCCKWOOD RClL-VUT
The City of Calexico, in partnership with the Southern California Association of Governments (SCAG)'s Go Human Campaign, is conducting the Rockwood Roll-Out Quick Build project, along Rockwood Avenue, between 1st Street and 2nd Street. The temporary project will include improved crosswalks and a car-free promenade to increase space for pedestrians along the corridor.
WHAT IS A QUICK BUILD?
A Quick Build is a pilot infrastructure project that provides an opportunity for the community to t est out and share feedback on safety improvements for people walking, biking, and rolling. The temporary Quick Build includes a variety of materials, like traffic marking paint, flexible delineators, planters, and signage to create the project. Community feedback wil l determine whether the Quick Build elements will be implemented permanently.
LEARN MORE & GET INVOLVED
The City's Rockwood Roll-Out will include activities such as touchpoints, walk/bike audits, and the Quick Build kick-off celebration event for the community to provide input. Please visit the project website at https.//bit.ly/RockwoodLocalDemo to learn more and provide feedback on the project elements.
PROJECT GOALS
Re-envision Rockwood Avenue as a car-free promenade ------- Improve public health outcomes by promoting walking and bicycling Improve safety and commercial success
Gather feedback from the community on temporary treatments
TIMELINE HIGHLIGHTS
~~~~~~~~-
Project Start
Fall 2021
Foctsheet 2022
-·- I .......
Community
Touch points
2022 - 2023
Quick Build Kick-Off &
Demonstartion
Fall 2022 - 2023
Project
Conclusion
2023
Website: https://bit.ly/RockwoodLocalDemo
or scan the QR code
City Website: https://www.calexico.ca.gov/
Questions? Email the project team at
[email protected]
EXHIBIT G
AGENDA STAFF REPO,RT
DATE: October 19, 2022
TO: Mayor and City Council
APPROVED BY: Esperanza Calio Warren, City Manager A/f,'VYll'-"---"''~""Jw~ PREPARED BY:
SUBJECT:
Lilliana Falomir, Public Works Manager -Admi strativ~
Authorize the City Manager to Sign Memorandum of
Understanding Between the Southern California Association of Governments and the City of Calexico Regarding
Rockwood Roll-Out Project.
================================================================== Recommendation:
Authorize the City Manager to Sign Memorandum of Understanding between the Southern California Association of Governments and the City of Calexico regarding Rockwood Roll-Out Project.
Background:
Back in 2018, the Southern California Association of Governments (SCAG) issued a call for grant application under their Sustainable Communities Program - Quick Build Demonstration Project. One (1) of the grant requirements is that SCAG would be the lead applicant and the City of Calexico would be the co-applicant. In addition, the City would need to procure a construction contractor to perform the work. The City went ahead and submitted a grant application for Rockwood Avenue (Downtown) Promenade between 1•1 Street and 2nd Street. The project will consist of implementation of a Quick Build to test out temporary improvements along Rockwood Avenue between 1•1 Street and 2nd Street to make it safer and more enjoyable to walk. Improvements will include improved crosswalks and a promenade to increase space for pedestrians on the corridor.
Discussion & Analysis:
In 2021, SCAG awarded an architectural and engineering consultant agreement to KOA Corporation for our Rockwood Roll-Out Project. Since Dec. 2021 to present the following items have been completed:
• Formation of Community and Technical Advisory Committee • Data collection and existing condition analysis
• Three (3) out of seven (7) community touch points
AGENDA
ITEM
I l
• Monthly meeting with KOA, City, Bloomberg and Calexico Arts Council, Inc.
• 60% of the plans for Rockwood Roll-Out Project
KOA Corporation is currently finalizing the 90% plans of said project. The next step is for SCAG and the City to enter into a Memorandum of Understanding (MOU) that will allocate $40,555.00 from the California Transportation Commission (CTC) Active Transportation Program (ATP) to the City, in order to hire a contractor that will construct and implement the Rockwood Roll-Out Project. The City's local match of $25,000.00 is budgeted for FY 2022-2023 under Measure "D" funds. The reimbursable activities for said project will begin on the effective date that the MOU is approved and shall be completed by February 20, 2023. City staff is recommending that the City Council of the City of Calexico authorize the City Manager to sign the attached MOU between SCAG and the City. Please note that our City Attorney's Office has reviewed and approved the attached MOU.
Fiscal Impact:
REVENUE
Federal Grant- Fund No. 412-90-963
Local Match - Fund No. 231-90-963 Measure "D"
Coordinated With:
City Manager's Office.
City Attorney's Office.
Public Works Department.
Attachment(s):
$40,555.00
$25,000.00
Total $65,555.00
1. Memorandum of Understanding. between the Southern California Association of Governments and the City of Calexico Regarding Rockwood Roll-Out. • •
COVER PAGE
MEMORANDUM OF UNDERSTANDING
NO. M-026-21
SCAG Overall Work Program (OWP) No: 22S-3564X4.14
MOU No.: M-026-21
OWP No.: 225-3564X4.14
Federal/State Awarding Agency: NIA (Caltrans Local Assistance ATP State Funded Project) CFDA Number and Name: NIA
Federal Award Identification Number (FAIN) No: NIA
Federal Award Date: NIA
Total Amount of the Federal Award: NIA
Federal Award Project Description: NIA
Pass-Through Awarding Agency: California Department of Transportation (Caltrans) Pass-Through Award No: ATPLNI-6049(022)
Pass-Through Award Date: October 9, 2019
Pass-Through Award End Date: February 20, 2023
Pass-Through Agency Contact: Steve Novotny, Office Chief, Office of Local Assistance & Alameda Corridors
Sub-Recipient Name: City of Calexico
Sub-Recipient's Unique Entity Identifier No: QGR7KQG4JKR6 Total Amount of Federal Funds Obligated to the Sub-Recipient: $0.00 Total Amount of Match Funds Committed by the Sub-Recipient: $25,000.00 Total Amount of Non-Federal Funds Obligated to the Sub-Recipient: $40,SSS.OO (ATP) Subaward Period of Performance Start Date: Effective date of the MOU Subaward Period of Performance End Date: 2/20/2023
Type of Contract: Project Specific
Method of Payment: See Section 6
Project R&D: NIA
Indirect Cost Rate for the Federal Award: NIA
Subaward Project Title: Calexico's Rockwood Roll-Out
Subaward Project Description:
Calexico's Rockwood Roll-Out will implement a Quick Build to test out temporary improvements along Rockwood Avenue, between 1st Street and 2nd Street, to make it safer and more enjoyable to walk.
Improvements will include improved crosswalks and a promenade to increase space for pedestrians on the corridor.
October 6, 2022
MEMORANDUM OF UNDERSTANDING
NO. M-026-21
BETWEEN THE
MOU No. :~M--0~2_6-_2_1 __ _
OWP No. : 225-3564X4.14
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
AND THE CITY OF CALEXICO
REGARDING ROCKWOOD ROLL-OUT
(SCAG Project/OWP No. 225-3564X4.14)
This Memorandum of Understanding ("MOU" or "Agreement") is made by and between the Southern California Association of Governments ("SCAG") and the City of Calexico("CITY"), for the purpose of partnering on the Rockwood Roll-Out, subsequently herein referred to as "Project", to be implemented in the CITY, and as more fully described herein. SCAG and the CITY are individually referred to herein as "Party" and may be collectively referred to herein as "Parties."
RECITALS
WHEREAS, SCAG is a Joint Powers Agency and a federally designated Metropolitan Planning Organization (MPO) for Southern California. As an MPO, SCAG is primarily responsible for the development of a Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) for the counties oflmperial, Los Angeles, Orange, San Bernardino, Riverside, and Ventura; WHEREAS, SCAG has initiated its Sustainable Communities Program ("SCP") to assist Southern California jurisdictions in evaluating planning options and stimulating development consistent with SCAG's RTP/SCS and the region's overall planning goals. SCAG's SCP supports visioning efforts, planning for multimodal transportation choices, economic and policy analyses, and marketing and communication programs;
WHEREAS, pursuant to its annual Overall Work Program (OWP), SCAG will be engaged in activities and projects that will require certain technical, professional, or support services from time to time related to its work regarding the RTP/SCS and the SCP;
WHEREAS, all obligations of SCAG under this MOU are subject to the availability of State funds and enactment of the State of California ("State") Budget Act. Thus, no payments may be made under this MOU prior to the passage of the State Budget Act for any Fiscal Year; WHEREAS, all funds provided under this MOU are allocated from the California Transportation Commission (CTC) Active Transportation Program (ATP) and awarded by the California Department of Transportation (Cal trans), under Grant Agreement Number A TPLNI-6049(022) and its Master Agreement Number 00405S, which are on file with the Parties and incorporated herein by this reference, to conduct the Project and added into SCA G's OWP;
WHEREAS, the CITY will implement Rockwood Roll Out("Project"); WHEREAS, through its SCP, SCAG has awarded the CITY ATP State grant funds to pursue the Project which supports the goals and policies of SCAG's 2020 RTP/SCS; October 6, 2022
MOU No.: M-026-21
OWPNo.: 225-3564X4.14
WHEREAS, SCAG has retained an architectural and engineering (A&E) Consultant (SCAG Contract Number 21-015-COI ("Consultant") for the purpose of producing the design plan for the Project in conjunction with the CITY. CITY will work with SCAG and SCA G's Consultant to develop the Scope of Work ("Scope of Work") and Cost Estimate ("Cost Estimate") for implementation of the Project; WHEREAS, in accordance with applicable procurement requirements, the CITY will procure a construction contractor ("Contractor") to perform the work required for the Project as identified in the Scope of Work approved by SCAG and the CITY ("Work");
WHEREAS, SCAG shall contribute a maximum, not to exceed amount of Forty Thousand Five Hundred and Fifty-Five Dollars ($40,555.00), towards the Work to be used solely for the Project, using ATP State grant funds;
WHEREAS, as the CITY's contribution towards the Project, the CITY shall contribute a minimum amount of Twenty-Five Thousand Dollars ($25,000.00), using local cash funds, towards the Work. In addition, the CITY will provide In-Kind services as described in Section 2(h) to produce the Project in accordance with the Scope of Work. SCAG shall not be responsible to pay the CITY any funds for the In-Kind services provided;
WHEREAS, the CITY's designated project manager, in coordination with SCAG's designated project manager, will ensure the Work is performed by the Contractor, and the In-Kind Services described in Section 2(h) are performed by the assigned CITY staff;
WHEREAS, reimbursable activities for the Project by the CITY shall begin on the effective date of this MOU and shall be completed by February 20, 2023;
WHEREAS, the purpose of this MOU is to describe the roles and responsibilities of the Parties, and shall supersede and replace any previous agreements between SCAG and the CITY related to the Project described herein; and
WHEREAS, SCAG's Fiscal Year is from July I through June 30.
October 6, 2022
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. MOU Contents; Sonrce ofFnnding
MOU No. :_M~·~02_6·~2~1 ~-
OWP No. : 225·3564X4.14
a. This MOU is comprised of these terms and conditions contained herein and any attached Exhibits, and may be amended only by written agreement between SCAG and the CITY. Such terms and conditions are subject to change. The Recitals to this Agreement are also incorporated herein by this reference.
b. The source of funding is from Caltrans, Grant Agreement Number ATPLNI-6049(022). The CITY shall comply with all applicable terms and conditions of the Caltrans Grant Agreement and its Master Agreement Number 00405S, including but not limited to "Article IV - Fiscal Provisions and Article V - Audits, Third Party Contracting, Records Retention and Reports," Exhibit A, attached, hereto and incorporated herein by this reference, and shall not take any action or fail to take an action that would cause SCAG to be out of compliance with the Caltrans Grant Agreements.
2. Project Commitments
a. SCAG is the sponsor agency for the Project, and shall only be obligated to make payment to the CITY for the Work completed by the Contractor, up to the maximum amount of Forty Thousand Five Hundred and Fifty-Five Dollars ($40,555.00). SCAG intends to use the ATP State grant funds to meet its funding obligations described herein. b. SCAG has, based on written commitments from the CITY, procured the Consultant. The CITY shall consult with SCAG and its Consultant in developing the Scope of Work and Cost Estimate for the Project, and obtain SCA G's written approval on the final Scope of Work and Cost Estimate.
SCAG shall provide the Scope of Work and Cost Estimate to the CITY at no cost and without warranty from SCAG for the purposes of the Project. SCAG shall include the CITY as an additional insured and indemnified party under the Consultant contract. c. The CITY shall procure the Contractor to perform the Work in accordance with the CITY's procurement policies and procedures, and all other applicable requirements including, but not limited to, the Caltrans Local Assistance Procedure Manual Ch.15, the Public Contract Code and the Labor Code. ·The CITY shall obtain SCA G's approval prior to issuing an Invitations for Bid (IFB) and provide SCAG with a copy of the IFB, Notice to Proceed issued to the Contractor, a copy of Contractor contract, within 30 days of issuance of each document, and other related documentation of compliance with applicable procurement requirements and terms and conditions of this MOU. The CITY will award a contract to Contractor to perform the Work, no later than October 21, 2022.
d. The Contractor shall perform the Work, in accordance with requirements described in the Caltrans Grant Agreements ATPLNI-6049(022) and Master Agreement Number 00405S, and applicable Federal, State, and Local requirements, including but not limited to the requirements set forth in Sections 7, 13, 14, 15 and 16 ofthis MOU, as applicable.
October 6, 2022
MOU No. : M-026-21
OWP No.: 225-3564X4.14
e. Subject to the execution of a valid, enforceable contract between the CITY and Contractor, the CITY shall be responsible for managing the Contractor in performing the Work, with written Quarterly Reports provided to SCAG's Project Manager. Each Party's Project Manager shall review and approve Contractor's invoices.
f. The CITY's Project Manager shall be responsible for final approval of Contractor's deliverables consistent with the Scope of Work; provided, however, that prior to approving a deliverable from the Contractor, the CITY's Project Manager shall consult with SCA G's Project Manager. In the event that the CITY or its Contractor proposes an amendment to the Contractor's contract which changes the terms of Contractor's contract with the CITY, including but not limited to, increases the value of the contract amount and/or modifies the Scope of Work, the CITY shall notify SCA G's Project Manager in writing prior to execution of such amendment, provide SCAG with copy of the amendment and obtain SCAG's written concurrence_ SCAG may propose an amendment to this Agreement, if necessary, consistent with any executed amendments to the Contractor contract. g. SCA G's Project Manager shall be notified and invited to: the kick-off meeting with the Contractor, all steering and technical advisory committee meetings, all public engagement outreach events, all site visits, and all City Council or Commission meetings where the Project in whole or in part is being presented or discussed.
h. In addition to the above, the CITY is responsible for fully cooperating with SCAG and its Consultant as may be reasonably necessary to produce the Project in accordance with the Scope of Work, and providing the In-Kind Services, including but not limited to the following:
i. Providing any required decisions as promptly as practicable so as to avoid unreasonable delay;
ii. Making the CITY engineering staff from the CITY's Public Works Department available to work closely with SCAG and the Consultant on the overall planning, design, and final approvals of the Project;
iii. Securing necessary permits and approvals from relevant CITY departments and/or agencies as applicable;
iv. Making CITY Special Events and/or Public Relations staff available to support advertising, communications, and programming to the public to promote the Project; v. Determining and addressing any public safety requirements and traffic control requirements, and developing a street closure and traffic management plan for the Project in collaboration with the Consultant;
vi. Providing adequate staffing as reasonably requested by the SCAG Project Manager to implement the Project;
vii. Determining the appropriate configuration for the Project elements in consultation with the Consultant;;
viii. Providing engineering oversight as required by Caltrans Local Assistance Procedure Manual Ch. 16 and Ch. 17;
1x. Securing necessary insurance as applicable and requested by SCAG; x. Posting "No Parking" signage along the route 3-5 days prior to realignment, as necessary, securing donation of materials as requested by the SCAG Project Manager; xi. Coordinating and confirming appropriate locations for storing and staging of all materials; xu. Securing temporary infrastructure improvements as requested by the SCAG Project Manager, and confirming that the temporary facilities comply with the CITY regulations October 6, 2022
MOU No. : M-026-21
OWP No.: 225-3564X4.l4
x111. Providing project management and oversight of the Contractor's Work including, but not limited to, Contractor's compliance with its contractual requirements. xiv. Conducting Quality Assurance/Quality Control of the Work in collaboration with the Consultant;
xv. Providing ongoing maintenance of the Project site, including regular street sweeping, and removal of project materials at the end of the implementation period; xvi. To the extent the Project will impact any roadway, street, intersection, sidewalk and/or other property of or in the CITY, the CITY shall coordinate with the Consultant in development of the Scope of Work to ensure inclusion of applicable City requirements, including but not limited to, any and all necessary permits, plans (such as design plans and traffic control plans), and/or insurance requirements set-forth by the City for such permits.
The CITY shall ensure compliance by the Contractor with all such requirements; and xvii. The CITY shall ensure compliance by the Contractor with California Labor Code Section 1770 et gm., which requires, among other things, the payment of prevailing wages on public works.
1. The CITY shall not be authorized to direct any additional work by the Consultant, or cause any increase in the Consultant costs without SCA G's prior written approval.
3. Term
The Term of this Agreement shall begin on the Effective Date of the Agreement and continue until February 20, 2023, hereinafter referred to as the "Completion Date," unless terminated earlier as provided herein. Time is of the essence in the performance of services under this MOU.
4. Project Management
a. All work under this MOU shall be coordinated with SCAG, SCAG's Consultant, and the CITY through the Project Managers.
b. For purposes of this MOU, SCAG designates the following Project Managers:
Consultant Project Manager
Carlos Velazquez
KOA Corporation
VP I Managing Director
1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754 T (323) 260-4703 I c (323) 945-8149
[email protected]
SCAG Project Manager
Hannah Brunelle
Southern California Association of Governments
Senior Regional Planner
(213) 236-1907
October 6, 2022
MOU No. :~M~-~02~6_-2_1 __ _
OWi' No.: 225-3564X4.14
[email protected]
SCAG reserves the right to change this designation upon written notice to the CITY. c. For purposes of this MOU, the CITY designates the following individual as its Project Manager; Lily Falomir
City of Calexico
Public Works Department
608 Heber Avenue
Calexico, CA 92231
(760) 768-2160
[email protected]
The CITY reserves the right to change this designation upon written notice to SCAG.
5. Funding
a. SCAG's contribution to the Work is funded wholly with ATP State grant funds (non-federal), up to Fmiy Thousand Five Hundred and Fifty-Five Dollars ($40,555.00). SCAG shall not be obligated to make payments for any Work costs that exceed Forty Thousand Five Hundred and Fifty-Five Dollars ($40,555.00). SCAG shall not be obligated to pay for any increase in Work costs which exceeds SCAG's obligated funding amount.
b. If the bid from the lowest responsible, responsive contractor pursuant to the CITY'S IFB exceeds the foregoing sum, plus the required local match, the CITY shall be responsible for such excess costs, orthe Pmties shall confer on potential reductions to the Scope of Work.
6. Invoices, Progress Reports and Match Reports
a. SCAG's contribution to the Project shall be made on a reimbursement basis to the CITY, after the Contractor has performed and been reimbursed by the CITY for the Work, or portions thereof, if payment is made on a progress payment basis. All invoices submitted to SCAG for payment shall be e-mailed to [email protected] (file cannot exceed 1 OMB). b. Not less frequently than once a month, the CITY shall submit an invoice to SCAG using the MOU Invoice Report Checklist and Template, to be provided by SCAG. SCAG shall reimburse the CITY for paid Contractor invoices. The Invoice shall be accompanied by the applicable attachments noted on the MOU Invoicing Report Checklist and Template and include a narrative description of the progress toward completion of tasks related to the Project, copies of paid Contractor invoices, associated deliverables, and a proof of the payment. If the CITY uses its own invoice template in lieu of the Invoice Report Checklist and Template, the CITY's invoice template shall include the required certification in accordance with 2 CFR Part 200.415 (a), Unifonn Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and such certification shall be signed by an official who is authorized to legally bind the CITY. c. The Invoice Repott shall include the following information:
October 6, 2022
MOU No. : M-026-21
OWP No. :-2-25--3-5~64_X_4-. I 4~-
I) Names of Contractor performing work
2) Dates and times of Project work
3) Location of Project work
4) Items indicated in the Section 6.b and progress report (narrative repmt) indicating percentage of completion with each set of invoices to allow SCA G's Project Manager to determine if the CITY is performing to expectations, on schedule, within funding limitations, as well as to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. 5) No CITY staff costs are authorized under this MOU.
d. Incomplete or inaccurate invoices shall be returned to the CITY unapproved for correction. e. All direct Contractor costs billed must be specifically identified and costs shall not exceed the Contractor's budget as identified in its contract document. Costs shall be expended in accordance with the Contractor's contract terms and conditions.
f. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Depa1tment of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to the CITY, its sub-recipient, contractors, and/or subcontractors, at the time and location required as specified in the following link: https:!/www.calhr.ca.gov/employees/Pages/travelreimbursements.aspx. Also see website for summary of travel reimbursement rules. g. By the tenth day following the sta1t of a new quarter (i.e., January 10, April 10, July I 0, October 10), the CITY shall submit a Quarterly Report in a format reasonably acceptable to SCAG' Project Manager. The Quarterly Report shall include, in narrative form, a description of services performed by Contractor as well as progress toward completion of tasks related to the Project for the prior quarter and a reporting of all costs incurred regarding the Project.
1. On all documents submitted to SCAG for the Project, including Invoices and Quarterly Reports, the Project Number (OWP No. 225-3564X4.14) shall be referenced from the Effective Date through Completion Date.
J· The Parties acknowledge that SCAG's fiscal year is from July 1 to June 30. The CITY agrees to review, approve, and pay any Contractor invoices in a timely manner and submit all invoices to SCAG for Work rendered through June 30th, no later than July 21 '' during the contract's term (e.g., 7/21/22), and for Work rendered between July 1, 2022, and February 20, 2023, no later than March 21, 2023. SCAG shall not be obligated to pay the CITY for any invoice received after such date.
k. The CITY will require that its Contractor pay any subcontractors for satisfactorily completed work no later than ten (IO) days of receipt of each payment from the CITY. The ten ( 10) calendar days period is applicable unless a longer period is agreed to in writing.
7. Cost Principles
a. The CITY agrees to comply with the following:
October 6, 2022
MOU No. : M-026-21
OWP No.: 225-3564X4.14
1) The Contract Cost Principles and Procedures, 48 Code of Federal Regulations (CFR), Federal Acquisition Regulations System, Chapter 1, Subchapter E, Part 31, et seq. (Office of Management and Budget Circular A-87 Revised, "Cost Principles for State, Local, and Indian Tribal Governments), 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and applicable ATP program cost guidance shall be used to determine the acceptability of individual project cost items. 2) The CITY agrees, and will require that its Contractor be obligated to agree, that (a) the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter I, Part 31 , et seq. and applicable ATP program cost guidance shall be used to determine the allowability of individual project cost items; and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR; Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The CITY and every Contractor receiving Project funds under this Agreement shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. b. Any costs for which the CITY receives reimbursement or credit that is determined by a subsequent audit or other review by either ~CAG, Caltrans or either State or Federal authorities to be unallowable under, but not limited to, Title 2, CFR, part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, are to be repaid by the CITY within thirty (30) calendar days of the CITY receiving notice of audit findings and a written demand for reimbursement. from SCAG. Should the CITY fail to reimburse unallowable costs due SCAG withiri thirty (30) calendar days of demand, or within such other period as may be agreed between both parties hereto, SCAG is authorized to withhold future payments due to the CITY.
8. Electronic Version of Work Products; Tangible Assets a. For purposes of this Agreement, "Work Products" shall mean any deliverables, including reports, data files, newsletters or any other written or electronic materials provided pursuant to the Scope of Work ·
b. The CITY shall submit one (I) electronic copy of all completed deliverables associated with the Project to the assigned SCAG Project Manager.
c. SCAG shall own all Work Products and shall grant to the CITY a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use Work Products related to the Project and developed as part of this MOU; provided, however, that any reproduction, publishing, or reuse of the Work Products without written verification by SCAG will be at the CITY's sole risk and without liability or legal exposure to SCAG. Such written verification by SCAG shall not be unreasonably denied and shall be provided by SCAG within ten calendar days of the CITY's request therefor.
d. Subject to the California Public Records Act, all deliverables and related materials related to the Project shall be held confidential by Contractor. Nothing furnished to the CITY or SCAG which October 6, 2022
MOU No. :.~M~·~02=6~-2~1 __ _
OWP No.: 225-3564X4.14
is otherwise known or is generally known, or has become known, to the related industry shall be deemed confidential. The CITY shall also safeguard such confidential materials from unauthorized disclosure, using the same standard of care to avoid disclosure, as the CITY treats its confidential information, but in no case less than reasonable care. e. The CITY shall require its Contractor to develop a Waste Management Plan for tangible assets acquired for the Project, and the Contractor shall return to SCAG items deemed reusable and dispose of items that are unable to be reused or recycled.
9. MOU Changes
a. No alteration or deviation of the terms of this MOU shall be valid unless made in writing in the fonn of MOU Amendment and properly executed by both parties. [fan amendment is to become effective before the date of full execution by the Parties, the effective date of such amendment shall be no earlier than the date that SCAG received the Request. b. Either Pa1ty may request, at any time, amendments to this MOU and will provide written notice to the other party regarding such changes. Within ten (10) calendar days from the date of the written notice, the requesting Party shall notify the other Party of the impact of such changes on the Scope of Work, schedule, and budget. Upon agreement between the Parties as to the required changes, an amendment to this MOU shall be prepared regarding the same. If the Parties are unable to reach an agreement regarding the changes requested by SCAG, the Parties may terminate this MOU in accordance with the provisions set forth in Section 20(a) of this MOU.
10. Notices
Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other Party by the Party giving such notice, or may be served by ce1tified mail, return receipt requested, to the addresses below.
ToSCAG:
To the CITY:
October 6, 2022
Cindy Giraldo
Chief Financial Officer
Southern California Association of Governments
900 Wilshire Blvd., Suite l 700
Los Angeles, CA 90017
Phone: (213) 630-1413
[email protected]
Esperanza Calio
City Manager
Office of the City Manager
608 Heber Avenue
Calexico, CA 9223 l
Phone: (760) 768-2110
[email protected]
MOU No. : M-026-2 l
OWP No. :""'2~25~-3~5~64~X~4~. l~4-
11. Insurance
The CITY shall procure, at its own expense, and shall require that the Contractor procure, at its own expense, and maintain policies ofinsurance of the types and amounts below, forthe duration of the MOU.
The policies shall state they afford primary coverage. The minimum required insurance coverage required by SCAG is set for below.
a. Minimum Scope oflnsurance - Coverage shall be at least as broad as:
I) Insurance Services Office Commercial General Liability coverage (Occurrence form CGOOOI), or its equivalent.
2) Insurance Services Office form number CAOOOI (Ed. 1/87) covering Automobile Liability, code 1 (any auto) or its equivalent.
3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4) Professional Liability (Errors and Omissions) msurance appropriate to the Consultant's profession.
b. Minimum Limits oflnsurance - The CITY, Contractor and SCAG shall maintain limits no less than:
I) General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: Including contractual liability insuring owned, non-owned, hired and all veh,ides by the CITY and Contractor with a combined single limit of not less than $1,000,000 applicable to bodily injury, or death, and loss of or damage to property in any one occurrence. 3) Workers' Compensation Liability: Including Occupational Diseases in accordance with California Law and Employers' Liability Insurance with a limit of not less than $1,000,000 each accident.
4) For the Consultant Only - Professional Liability Insurance: With limits of not less than $1,000,000 per occurrence. In addition, it shall be required that the professional liability insurance policy remain in effect for six (6) months after the Completion Date or earlier termination of this Agreement.
5) For the Contractor only - Pollution Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to SCAG providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the Contractor's policy as October 6, 2022
MOU No.: M-026-21
OWPNo.: 225-3564X4.14
"covered operations." The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. c. Other Insurance Provisions- The CITY and SCAG shall comply with the other insurance provisions, and the CITY shall require that the Contractor comply with such provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) SCAG, its officials and employees are to be covered as additional insureds, as respects to liability arising out of the activities performed by or on behalf of the CITY or Contractor, products and completed operations of the CITY or Contractor; premises owned, occupied or used by the CITY or Contractor; or automobiles owned leased, hired or borrowed by the CITY of Contractor. The coverage shall contain no special limitations on the scope of protection afforded to SCAG, its officials and employees.
2) Products/completed operations coverage shall extend a minimum of three (3) years after Project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf' of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. SCAG, and its officials, officers, agents, and employees, shall be included as additional insured under the Products and Completed Operations coverage. 3) For any claims related to this Project, the CITY and Contractor's insurance coverage shall be primary insurance as respects SCAG, its officials and employees Any insurance or selfinsurance maintained by SCAG shall be excess of the CITY and Contractor's insurance and shall not contribute with it.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SCAG, its officials and employees. 5) The CITY and 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. 6) Workers' Compensation and Employer's Liability policies shall contain the inclusion of SCAG, its members, subsidiaries, officials and employees and shall provide a waiver of subrogation.
d. Deductibles and Self-Insured Retentions - Any deductibles or self-insured retentions in amounts over $10,000 for any of the Contractor's insurance policies must be declared to and approved by SCAG. e. Acceptability oflnsurers - Insurance is to be placed with California admitted insurers with a current A.M. Best's rating of no less than A and be admitted, unless otherwise approved by SCAG. f. Verification of Coverage- The CITY and Contractor shall furnish SCAG with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be October 6, 2022
MOU No.: M-026-21
0 WP No. ,·-=2-=25~-3~5~64-=Xcc4--,. I 4~-
received and approved by SCAG before work commences. Upon request of SCAG at any time, the CITY and Contractor shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
12. Indemnity
a. Except for the negligence or willful misconduct of the CITY and any of its officers, agents, employees, assigns, volunteers, and successors in interest, SCAG, undertake and agree to defend, indemnify, and hold harmless the CITY and any of its directors, officers, agents, employees, assigns, and successors in interest from and against any and all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including SCA G's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner out of, pertaining to, or incident to any alleged acts, errors or omissions of SCAG, its officials, officers, employees, or agents in connection with the performance of the Project or this MOU, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses.
b. Except for the negligence or willful misconduct of SCAG and any of its directors, officers, agents, employees, assigns, and successors in interest, the CITY undertakes and agrees to defend, indemnify, and hold harmless SCAG and any of its directors, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including CITY's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising rising in any manner out of, pertaining to, or incident to any alleged acts, errors or omissions of the CITY, its officials, officers, employees, agents or the Contractor in connection with the performance of the Project or this MOU, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses.
c. The CITY shall require that the Contractor indemnify SCAG to the same extent indemnity is provided to the CITY under its agreement with the Contractor.
13. Records Retention and Audits
a. The CITY shall maintain all source documents, books and records connected with the Project and procurement of the Contractor and all work performed under this MOU for a minimum of four (4) years from the Completion Date or the date an audit resolution is achieved for each annual SCAG· Overall Work Program (OWP), whichever is later, and shall make all supporting infonnation available upon request for inspection and audit by representatives of SCAG, the California State Auditor, or other authorized government agency. Copies shall be made and furnished by SCAG upon request at no cost to SCAG.
b. SCAG shall maintain all source documents, books and records connected with the Project under this MOU for a minimum of four ( 4) years from the Completion Date or the date an audit resolution October 6, 2022
MOU No. : M-026-21
OWP No. : 225-3564X4.14
is achieved for each annual SCAG OWP, and shall make all supporting information available upon request for inspection and audit by representatives of the CITY, the California State Auditor, or other authorized government agency. Copies shall be made and furnished by the CITY upon request at no cost to the CITY.
c. The CITY shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Invoices which segregate and accumulate the costs of work elements by line item and produce Progress Reports which clearly identify reimbursable costs and other expenditures by OWP work elements.
d. If applicable, the CITY agrees to include all costs associated with this MOU and any amendments thereto to be examined in the annual audit and in the schedule of activities to be examined under a single audit prepared by the CITY in compliance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart F - Audit Requirements. The CITY is responsible for assuring that the Single Auditor has reviewed the requirements of this MOU. Copies of said audits shall be submitted to SCAG. e. Neither the pendency of a dispute nor its consideration by a Party or the State shall excuse the other Party from full and timely performance in accordance with the terms of this MOU. f. The CITY shall include the requirements of this section in its contract with the Contractor.
14. Compliance with Laws
The CITY agrees to comply with all applicable federal, state, and local laws, ordinances, codes and regulations and orders of public authorities as well as Caltrans requirements in the performance of this MOU.
15. Equal Employment Opportunity/Nondiscrimination
a. In the performance of work undertaken pursuant to this MOU, the Parties and their assignees and successors in interest, shall affirmatively require that their employees and contractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including IUV and AIDS), medical condition (cancer), age, marital status, denial of family and medical care leave, and denial of pregnancy disability leave. b. The Parties shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Parties shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing the Government Code sections referenced above, are incorporated into this MOU by reference and made a part hereof as if set forth in full.
October 6, 2022
MOU No. : M-026-21
OWPNo.: 225-3564X4.14
c. Noncompliance: In the event of noncompliance by either Party with the nondiscrimination provisions of this MOU, the other Party may cancel, terminate or suspend the MOU, in whole or in patt.
d. If required by DOT, additional or alternate sanctions for noncompliance may be imposed. e. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. The CITY agrees to comply with the requirements of the Fair Employment Practices Addendum, attached hereto as Exhibit "B" and further agrees that any agreement entered into by the CITY with a third party for performance of work connected with Project shall incorporate Exhibit B (with third party's name replacing the CITY) as part of such agreement.
f. To the extent applicable, CITY shall comply with the Americans with Disabilities Act of I 990 (Pub. L. 101-336, 104 Stat. 327, as amended) and the United States Department of Transportation (US DOT) implementing regulations (49 CFR27, 37, and 38). g. The CITY shall include the requirements of this Section in its contract withthe Contractor.
16. Conflict oflnterest
The Parties shall comply with State conflict of interest laws, regulations and policies. If any Federal funds are provided under this MOU, the Parties shall also comply with applicable Federal conflict of interest laws, regulations and policies.
17. Independent Contractor
a. It is understood that in the production of the Project, SCAG shall be an independent contractor, and is not an agent or employee of the CITY. It is also understood that the CITY and Contractor shall be independent contractors and neither are an agent or employee of SCAG. The Parties and Contractor shall retain the right to exercise full control over the employment, direction, and compensation of their employees. The CITY shall be solely responsible for, and shall indemnify, defend and hold harmless SCAG from all matters relating to the payment of Contractor for the Work.
b. Except as may otherwise be authorized in writing, the Patties and Contractor shall have no authority, express or implied, to act on behalf of or bind the other Party in any capacity whatsoever as agents or otherwise.
18. Disputes
Except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing other legal remedies:
October 6, 2022
MOU No. : M-026-21
OWPNo.: 225-3564X4.14
a. A meeting shall be held promptly between the Parties that will be attended by individuals with decision-making authority (to the extent reasonably possible), who will attempt in good faith to negotiate a resolution of the dispute.
b. If the Parties are unsuccessful in resolving the dispute under (a) above, they may:
I) agree to submit the matter to mediation, binding judicial reference, or a private adjudicator (if all Parties so agree); or
2) initiate litigation following advance written notice to the other Party of not less than thirty (30) days.
c. If any Party should bring a legal action against the other to enforce the terms of this MOU, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, as determined by a court of competent jurisdiction in said proceeding.
19. Noncompliance
In addition to such other remedies as provided by law, in the.event of noncompliance with any grant condition or specific requirement of this MOU, this MOU may be terminated.
20. Termination of MOU
a. Termination for Convenience, Either Party may terminate this MOU at any time by giving written notice to the other party of such termination at least thirty (30) calendar days before the effective date of such termination. In such event, all finished or unfinished documents and other materials as described in the MOU shall be provided to SCAG and the CITY shall be paid for all services performed by Contractor and accepted by the CITY provided the required consultation between the CITY and SCAG has been undertaken in accordance with Section 2(f) of this MOU. Further, the Party terminating this MOU before the effective date of termination shall be responsible for any actual, incurred termination costs incurred by the Contractor as a result of such termination notice.
b. Termination for Cause. If through any cause, the CITY shall fail to timely and adequately fulfill its obligations under this MOU, or if the CITY violates any of the covenants, agreements, or stipulations of this MOU, SCAG shall thereupon have the right to terminate the MOU by giving not less than ten (I 0) calendar days written notice to the CITY of the intent to terminate and specifying the effective date thereof. SCAG shall provide a reasonable opportunity for the CITY to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that SCAG invokes this termination clause, all finished or unfinished documents and other materials as described in the MOU shall be returned to SCAG at its option. c. If through any cause, SCAG shall fail to timely and adequately fulfill its obligations under this MOU, or if SCAG violates any of the covenants, agreements, or stipulations of this MOU, the CITY shall thereupon have the right to terminate the MOU by giving not less than ten (I 0) calendar days written notice to SCAG of the intent to terminate and specifying the effective date thereof.
The CITY shall provide a reasonable opportunity for SCAG to cure prior to termination. In no October 6, 2022
MOU No.: M-026-21
OWPNo.: 225-3564X4.14
event shall such opportunity to cure extend beyond the term of the MOU. In the event that the CITY invokes this termination clause, all finished or unfinished documents and other materials as described in the MOU shall be returned to the CITY at its option.
21. Non-Assignment
a. Neither Party shall assign this MOU, or any part thereof, without the written consent of each Party to this MOU. Any assignment without such written consent shall be void and unenforceable. b. The covenants and agreement of this MOU shall inure to the benefit of, and shall be binding upon each of the Parties and their respective successors and assignees.
22. Release of Information
The CITY shall not release any information to a third party or otherwise publish or utilize any information obtained or produced by it as a result of or in connection with the performance of services under this Agreement without the prior written authorization of SCAG, except as provided under this agreement, required by law and with prior written notice to SCAG.
23. Severabilitv
If any provision of this MOU is held to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.
24. Survival
The following sections survive expiration or termination of this MOU:
Section 8 (Electronic Version of Work Products)
Section 12 (Indemnity)
Section 18 (Disputes)
Section 22 (Release of Information)
25. Jurisdiction and Venue
To the furthest extent permitted by law, this MOU shall be deemed an agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. To the furthest extent permitted by law, both Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought thereunder shall be Los Angeles County, California.
26. Waiver
No delay or failure by either Party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof of such Party's right thereafter to exercise or enforce each and every right and provision of this Agreement. A Waiver to be valid shall be in writing but October 6, 2022
MOU No. :~M=·=02=6-~2=1 __ _
OWP No.: 225-3564X4.14
need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver.
27. Standard of Care
The Parties shall perform the work required for the production of the Project under this MOU in accordance with generally accepted industry standards, practices, and principles applicable to such work.
28. Force Majenre
Neither SCAG, the CITY nor Contractor shall be liable or deemed to be in default for any delay or failure in performance under this MOU or intenuption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, a lawfully declared emergency, or any other similar cause beyond the reasonable control ofSCAG, the CITY or Contractor; provided, however, that the Party seeking to avail itself of the provisions of this Section 28 shall notify the other Party in writing not later than ten (I 0) days from the first instance of the event that the Party claims excuses or delays its performance and, if timely notice is not provided, then such Party's performance or failure shall not be deemed excused or delayed. Any delay or excuse of performance shall only continue on a day-for-day basis for the length of the noticed event.
29. Execution of MOU or Amendment
This MOU, or any amendment related thereto ("Amendment"), may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. The signature page of this MOU or any Amendment may be executed by way of a manual or authorized digital signature. Delivery of an executed counterpart of a signature page to this Agreement or an Amendment by electronic transmission scanned pages shall be deemed effective as a delivery of a manually or digitally executed counterpart to this Agreement or any Amendment.
30. Effective Date
This MOU shall be effective as of the last date in which the document is executed by both Parties.
31. Recitals
The recitals set forth above are true and correct and are incorporated herein by reference and made a part of this MOU.
32. No Third Party Beneficiaries
There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
33. Entire MOU
October 6, 2022
MOU No. : M-026-21
OWP No.: 225-3564X4.14
This MOU, including the attached Exhibits A and B, represents and contains the entire agreement of the Parties with respect to the matters set forth herein. This MOU supersedes any and all prior negotiations, discussions and, if any, previous agreements between the Parties.
October 6, 2022
MOU No. : M-026-21
OWPNo.: 225-3564X4.l4
SIGNATURE PAGE TO
MEMORANDUM OF UNDERSTANDING M-026-21
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below:
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS ("SCAG") By: ~~~~~~~~~~~~~~~~~~~-
Cindy Giraldo
Chief Financial Officer
APPROVED AS TO FORM:
By:~~~~~~~~~~~~~~~~~~~
Jeffery Elder
Deputy Legal Counsel II
CITY OF CALEXICO ("CITY")
By:~~~~~~~~~~~~~~~~~~~
Esperanza Colio
City Manager
APPROVED AS TO FORM:
By:~~~~~~~~~~~~~~~~~~
Carlos Campos
City Attorney
October 6, 2022
Date
Date
Date
Date
MOU No.: M-026-21
OWi' No.: 225-3564X4.14
Exhibit A
Article IV - Fiscal Provisions and Article V - Audits, Third Party Contracting, Records Retention and Reports
October 6, 2022
Page21 of22
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STA TE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.
2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PRO.GRAM SUPPLEMENT and/or STATE's approved finance letter.
3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the project-specific PROGRAM SUPPLEMENT has been executed by STATE.
4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE.
STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced l:ly ADMINISTERING AGENCY for a six-month period
5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with Chapter 5 of the LAPM.
6. Invoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.
8. An indirect cost allocation plan and related documentation are to be provided to STATE (Caltrans Audits & Investigations) annually for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. The indirect cost allocation plan must be prepared in accordance with the requirements set forth in Office of Management and Budget Circular A-87 and Chapter 4 of the Local Assistance Procedures Manual.
9. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
10. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with an allocation letter and finance letter. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.
11. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.
12. ADMINISTERING AGENCY shall use its own non STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
13. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
14. STATE FUNDS allocated from the STIP are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE.
15. STATE FUNDS encumbered for PROJECT are available for liquidation only for five (5) years from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.
16. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.
17. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform · Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
18. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items and (b) those parties shall comply with federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving PROJECT funds as a contractor or sub-contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. ADMINISTERING AGENCY agrees to comply with the provisions set
forth In 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under OMB Circular A-87, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE.
20. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts invoiced to STA TE shall be returned to STA TE.
21. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.
22. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized lo obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 21, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.
23. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
ARTICLEV
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING AGENCY, Its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by ST A TE.
3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance and costs of ADMINISTERING AGENCY's contracts with third parties pursuant to Government Code section 8546.7, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to ADMINISTERING AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies thereof if requested.
4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of OMB Circular A-133 if it receives a total of $500,000 or more in STATE FUNDS in a single fiscal year. The STATE FUNDS received under PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research.
5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY'S annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with OMB Circular A-133.
6. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.
9. In addition to the above, the pre-award requirements of third-party contractor/consultants with ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES.
October 6, 2022
ExhibitB
MOU No. : M-026-21
OWP No.: 225-J564X4.14
FAIR EMPLOYMENT PRACTICES ADDENDUM
EXHIBIT ·FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, age, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination: rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by ST ATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 1290-0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STA TE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that It has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code section 1426 which has become final or has obtained an injunction under Labor Code section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing
the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.
EXHIBIT H
AGENDA STAFF R1
E:PORT
DATE: November 2, 2022
TO: Mayor and City Council
APPROVED BY:
PREPARED BY: Lilliana Falomir, Public Works Manager -Admi SUBJECT: Approval of Bid Documents for Southern California Association of Governments (SCAG) Local Demonstration
Initiative Project - Rockwood Avenue and Authorize the
Public Works Department to Send the Project Out to Bid. ================================================================== Recommendation:
Approval of Bid Documents for Southern California Association of Governments (SCAG) Local Demonstration Initiative Project - Rockwood Avenue and Authorize the Public Works Department to Send the Project Out to Bid.
Background:
Back in 2018, the Southern California Association of Governments (SCAG) issued a call for grant application under their Sustainable Communities Program - Quick Build Demonstration Project. One (1) of the grant requirements is that SCAG would be the lead applicant and the City of Calexico would be the co-applicant. In addition, the City would need to procure a construction contractor to perform the work. The City went ahead and submitted a grant application for Rockwood Avenue (Downtown) Promenade between 1st Street and 2nd Street. The project will consist of implementation of a Quick Build to lest out temporary improvements along Rockwood Avenue between 1st Street and 2nd Street to make it safer and more enjoyable to walk. Improvements will include improved crosswalks and a promenade to increase space for pedestrians on the corridor.
In 2021, SCAG awarded an architectural and engineering consultant agreement to KOA Corporation for our Rockwood Roll-Out Project. Since Dec. 2021 to present the following items have been completed:
• Formation of Community and Technical Advi&ory Committee • Data collection and existing condition analysis
• Three (3) out of seven (7) community touch points
• Monthly meeting with KOA, City, Bloomberg and Calexico Arts Council, Inc.
AGENDA
ITEM
7 • 60% of the plans for Rockwood Roll-Out Project
• 90% of the plans for Rockwood Roll-Out Project
• Memorandum of Understanding (MOU) between SCAG and City of Calexico Discussion & Analysis:
KOA Corporation has finalized the specification and plans; therefore the next step is to begin the implementation and construction of Rockwood Roll-Out Project. It is staff recommendation that the City Council of the City of Calexico approve the bid documents and authorize staff to send this project out for public bidding.
Fiscal Impact:
Estimated Cost for Advertisement
$1,000.00
Coordinated With:
City Manager's Office.
Public Works Department.
Attachment(s):
1. Specifications and plans for SCAG Local Demonstration Initiative ProjectRockwood Avenue.
CITY OF CALEXICO
SCAG LOCAL DEMONSTRATION IN1ITIATIVE
PROJECT - ROCKWOOD AVENUE
Plans and Specifications Prepared by:
KOA Corporation
Approved by:
Public Works Department
BID OPENING: DATE at Z:OOp.m.
PUBLIC WORKS DEPARTMENT- 549 PIERCE AVENUE CALEXICO, CA 92231, (760) 768-2160 www.calexlco.ca.gov
TABLE OF CONTENTS
INVITATION FOR BIDS ...................................................................................................................... 3 BID REQUIREMENTS ......................................................................................................................... 5 GENERAL CONDITIONS ..................................................................................................................... 8 SUPPLEMENTARY GENERAL CONDITIONS (STATE) CALIFORNIA STATE REQUIREMENTS .............. 31 JOB QUANTITIES ............................................................................................................................. 42 PROPOSAL BID FORM ..................................................................................................................... 43 BID BOND ....................................................................................................................................... 45 PROPOSAL AGREEMENT ................................................................................................................ 46 CONSTRUCTION AGREEMENT ........................................................................................................ 47 FAITHFUL PERFORMANCE BOND ................................................................................................... 54 LABOR AND MATERIAL BOND ........................................................................................................ 55 WORKMEN'S COMPENSATION INSURANCE CERTIFICATE ............................................................. 56 SUBCONTRACTORS LISTING ........................................................................................................... 57 NONCOLLUSION AFFIDAVIT ........................................................................................................... 58 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION .................................................................. 59 DEBARMENT AND SUSPENSION CERTIFICATION ........................................................................... 60 DRUG/ALCOHOL TESTING REQUIREMENTS ................................................................................... 61 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS ................................................... 62 CORPORA TE CERT/FICA T/ON OR PARTNERSHIP INFORMATION .................................................... 63 CONTRACTOR'S CERTIFICATION OF QUALIFICATION FOR LICENSE CLASS/FICATION ..................... 64 TECHNICAL SPECIF/CATIONS .......................................................................................................... 65 2 INVITATION FOR BIDS
SCAG LOCAL DEMONSTRATION INITIATIVE - ROCKWOOD AVENUE
1. GENERAL INFORMATION
The City of Calexico is inviting bids for the SCAG Local Demonstration Initiative Project on Rockwood Avenue from 2nd Street to 1" Street in the City of Calexico.
2. SCOPE OF WORK
The project involves a temporary street closure of vehicular traffic on Rockwood Avenue between 2nd Street and 1" Street. The goal is to encourage pedestrian and bicyclist mobility and to reinforce safety in the downtown promenade area.
The proposed work includes, but is not limited to, removal/installation of new traffic signing & striping. All materials required forthe completion of work as shown on the Plans shall be provided to the Contractor by the City.
3. PROJECT SCHEDULE
The project shall be completed within 30 calendar days from date of contract award.
4. MANDATORY PRE-BID MEETING
Bidders are required to attend a mandatory pre-bid meeting on :OATE at 10:00 a.m. The mandatory pre-bid meeting will be held at City Hall, Council Chambers, 608 Heber Avenue, Calexico, CA 92231.
5. PROPOSAL REQUIREMENTS
SEALED PROPOSAL will be accepted at the Office of the City Clerk, City Hall, 608 Heber Avenue, Calexico, California until 2:00 p.m. on DATE, at which time all proposals will be publicly opened and read aloud. Late BIDS will be considered unresponsive.
A summary of the bids will be presented to the City Council at their meeting of DATE, at 6:30 p.m. in the City Council Chambers, 608 Heber Avenue, Calexico, California.
Each bid must be submitted in a sealed envelope bearing, on the outside, the name of the bidder, his/her address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form.
Electronic version on the approved plans and specifications may be obtained by visiting the City's website at https://www.calexico.ca.gov/bidsandrfps or contact the Public Works Department at (760} 768-2160.
No bid will be received unless it is made on the prescribed bid form furnished by the Public Works Director/City Engineer. Each bid must be accompanied by a guaranty of cash, certified check, and cashier check or bidders' bond made payable to the City of Calexico 3 DATE:_
for an amount equal to at least ten percent of the bid. Such guaranty to be forfeited should the bidder to whom the contract is awarded fails to enter the contract. All guaranties are to be returned after the contract is awarded.
The bid may be considered incomplete and be disqualified if any of the following information is not provided.
Proposal/Bid Form
Bid Bond
Proposal Agreement
Subcontractor's Listing
Workmen's Compensation Certificate
Drug/Alcohol Testing Requirements
Noncollusion Affidavit
Corporate Certification Partnership Information
a) On the bid form(s), the unit price items and total contract price must be written in words and figures. The words and figures shall appear on the blank spaces provided.
b) On page 60, Subcontractor's Listing shall be completed. If no subcontractor will be used, indicate an "X" mark on the space provided for "No" subcontractor.
Prevailing Wage Rates: In accordance with the provision of Section 1770 to 1781 of the Labor Code as duly enacted by the State of California, the City Council of the City of Calexico has ascertained the general prevailing rate of wages applicable to the work to be done as those shown in the specifications of the work. Information on the current pre~ailing wages can be obtained by contacting the State of California, Department of Industrial Relations, Division of Labor Statistics and Research, P.O. Box 603, San Francisco, California 94101 (415) 737-2794 o~ http://www.dir.ca.gov/dlsr/PWD/index.htm.
All bids are to be compared on the basis of the Public Works Director/City Engineer's estimate of the quantities of work to be done. A bid will only be accepted from a Contractor who is licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California as amended. In addition, tl1e Contractor, sub-contractors, and suppliers shall also have a business li1cense Issued by the City prior to commencing work.
Special attention of all prospective bidders is called to "Proposal Requirements and General Conditions" annexed to the blank form of the Proposal for full directions as to bidding, etc.
If bidder is a corporate entity and is awarded the contract, prior to execution of the contract, Contractor shall submit satisfactory, documentary proof that the person(s) executing said contract on the behalf of said corporation has authority to do so.
CITY'S RIGHT RESERVED: The City reserves the right to reject any or all bids, to waive! a~y informality in a bid, and to make awards in the interest of the City.
CITY OF CALEXICO, CALIFORNIA
Esperanza Coiro Warren, Cfty Manager
END OF INVITATIONS FOR BIDS
4 BID REQUIREMENTS
1. Examination of Plans, Specifications, Special Provisions and Site of Work: The bidder is required to examine carefully the site of work contemplated and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and as to the requirements of the specifications, special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima fade evidence that the bidder has made such examination.
2. Proposal Form: All proposals must be made on the bid forms to be obtained from the Office of the Public Works Department at 549 Pierce Avenue, Calexico, California. All proposals must give the prices proposed both in writing and figures and must be signed by the bidder with bidders' business address.
3. If the proposal is made by an individual, the individual's name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the State under the laws of which the corporation is chartered and the name, titles and business addresses of the President, Secretary and Treasurer. A certification by the legal representative of the firm must be included in the bid.
Rejection of Proposal Containing Alterations, Erasures or Irregularities: Proposals may be rejected if they show any alterations of form additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.
4. The Proposal may be withdrawn upon request by the bidder without prejudice prior to, but not after the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or the bidders duly authorized representative and is filed with the City Clerk.
a) Omissions and Discrepancies: Should the bidder find discrepancies in or omissions on the drawings, or other contract documents or should he or she be in doubt as to their meaning, he or she should at once notify the Public Works Director/City Engineer who may send a written instruction to all bidders. b) Interpretations and Addenda: No oral interpretations shall be made to any bidder as to the meaning of any of the contract documents, or be effective to modify any of the provisions of the contract documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Public Works Director/City Engineer.
c) The City of Calexico reserves the right to reject any or all proposals.
5. Bidder's Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City of Calexico for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, certified check or bidder's bond is enclosed therewith.
5 a) Return of Proposal Guaranty: Within ten (10) days afterthe award of the contract, the City Council will return the proposal guaranties accompanying the proposals, which are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. b) Execution of Contract: The contract and contract documents shall be signed by the successful bidder and returned together with the contract bonds, within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract. Failure to execute the contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. c) Sureties: The successful bidder shall also promptly secure with a responsible corporate surety or corporate sureties satisfactory bonds conditioned upon faithful performance by the said bidder of all the requirements under the contract and upon the payment of claims of any material men and laborers there-under.
6. Award of Contract: The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals. All bids will be compared on the basis of the Public Works Director/City Engineer's estimate of quantities of work to be done.
7. Projects financed in whole or in part with State or Federal funds shall be subject to inspection at all times by the Public Works Director/City Engineer or his agents.
8. Removal of Defective and Unauthorized Work: All work which is defective in its construction or deficient in any of the requirements of these specifications, special provisions or plans shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such correction. Any work done beyond the lines and grades shown on the plans or established by the Public Works Director/City Engineer, or any extra work done without written authority will be considered as unauthorized and will not be paid for.
9. Upon failure on the part of the Contractor to comply with any order of the Engineer made under these provisions, the Public Works Director/City Engineer shall be the authority to cause defective work to be removed and to deduct the costs thereof from any monies due or to become due to the Contractor.
10. Final Inspection: Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final clean up performed, the Public Works Director/City Engineer will make the final inspection at the site.
11. Amount of Bonds: The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the contract price.
6 The bond for material men and laborers shall be in an amount equal to not less than one hundred percent (100%) of the contract price. Form of bond required may be examined at the office of the Public Works Department; copies will be furnished, if desired, to prospective bidders.
Payment and performance Bonds shall be executed by a California Admitted Surety insurer with a minimum Best's Insurance Guide rating of A+, Class VII.
Whenever any surety or sureties on any such bond, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient or the City Council has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
12. Compliance with Laws and Regulations: No proposal for work will be accepted from a Contractor who is not licensed in accordance with the law under the provisions of Chapter 9 of Division Ill, of the Business and Professions Code of the State of California, as amended. The Contractor awarded the contract shall also submit the Contractor's Certification of Qualifications for License Classification contained in these contract documents along with the submission of the executed contract and acceptable sureties. All bids submitted and all contracts awarded hereunder must be submitted, filed, made and executed in accordance with all applicable laws of the State of California and of the United States of America which relate to bids and contracts of the nature referred to herein, whether such laws are expressly referred to herein or not.
MINIMUM WAGES: Pursuant to Federal Decision AG 3295 and in accordance with the provisions of Section 1770 to 1781 of the Labor Code, the City Council of the City of Calexico has adopted the latest publication of the General Prevailing Wage Rates entitled, "State of California, Department of Transportation, Equipment Rental Rates and General Prevailing Wage Rates."
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
Pre-submittal procedural or technical inquires may be directed to Lilliana Falomir, Public Works Manager via email at [email protected].
END OF BID REQUIREMENTS
7 GENERAL CONDITIONS
1-01 DEFINITIONS
a) The word "City" shall mean the City of Calexico, California. b) The term "City Council" shall mean the City Council of the City of Calexico. c) The word "Contractor" shall mean the party of the second part entering into the contract with the City for the performance of work required by these specifications, and legal representatives of said party, or agent appointed to act for said party in the performance of the work. Said party is referred to throughout the contract documents as if of the singular number and the masculine gender.
d) The word "Public Works Director/City Engineer" shall mean the City of Calexico Public Works Director/City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. e) The word GREENBOOK shall mean the Standard Specifications for Public Works Construction contained in the 2021 Edition, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 1612 South Clementine Street, Anaheim, California 92802, telephone (714) 517-0970
1-02 CONTRACT DOCUMENTS
The Notice of Inviting Bids, the Instructions to Bidders, the Proposal, the Specifications, and the Drawings, together with the Agreement, constitute the Contract. These Contract documents are complimentary, and what is called for in any one shall be as binding as if called for in all. The intention of the documents is to require a complete and finished piece of work. The Contractor at his sole cost and expense sha II perform a II labor and services and shall furnish all tools, equipment, and facilities necessary forthe proper execution of the work, with the exception of such items as are definitely stipulated in the specifications or the drawings to be furnished by the City. Anything shown in the drawings and not in the specifications or in the specifications and not in the drawings shall be performed by the Contractor as though shown in both the drawings and the specifications. 1-03 AUTHORITY OF THE PUBLIC WORKS DIRECTOR/CITY ENGINEER The Public Works Director/City Engineer shall give all orders and directions contemplated under the contract; shall determine the adequacy of the Contractor's methods, plans, and appurtenances; shall determine in all cases the amount, quality, acceptability, and fitness of the several kinds of work which are to be paid for; shall determine all questions in relation to said work and the construction thereof; and shall decide in all cases every question, which may arise relative to the fulfillment of this contract on the part of the Contractor. Shou Id any discrepancy appear or any misunderstandings arise as to the import of anything contained in the specifications or drawings, the matter shall be referred to the Public Works Director/City Engineer, who shall decide 8 . the same in accordance with the true intent and meaning as construed by him, and his decision .shall be binding on the Contractor. Any differences or conflicts which may arise between the Contractor and other contractors of the City in regard to their work shall be adjusted and determined by the Public Works Director/City Engineer.
1-04 ACCESS TO WORK
The Public Works Director/City Engineer, his assistants, inspectors, agents, and other employees shall at all times and for any purposes have access to the work and the premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefore. 1-05 LINES AND GRADES
All distances and measurements are given and will be made in horizontal plane. 1-06 LEGAL ADDRESS OF CONTRACTOR
The address given in the Contractor's proposal on which the contract is founded is hereby designated as the place to which all notices, letters, and other communications to the Contractor shall be mailed or delivered. The mailing to or delivering at the above-named place of any notice, letters, or other communication to the Contractor shall be deemed sufficient service thereof upon the Contractor. The date of said service shall be the date of such mailing or delivery. Such address may be changed at any time by a written notice signed by the Contractor and delivered to the Public Works Director/City Engineer.
1-07 CONTRACTOR'S RESPONSIBILITIES
a) The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the progress of the work so as to secure the safety of the workmen, the quality of work required and the stipulated rate of progress. b) The Contractor shall bear all losses resulting to him on account of the amount of character of the work, or from any unforeseen obstructions or difficulties, which may be encountered, on account of the weather, floods, or other causes. c) The Contractor shall.assume the defense of and indemnify and save harmless the City and its officers and agents from all claims of any kind arising from his own negligence or that of his agents in the performance of the contract.
d) The Contractor shall be responsible for the care of all work until its completion and final acceptance, and he shall at his own expense repair damaged parts of the work, or the same may be done at his expense by the City.
e) During the progress of the work the Contractor shall keep the premises occupied by him in a neat and clean condition, and free from any unsightly accumulation of rubbish, unused material, concrete forms, and other equipment and materials belonging to him or used under his direction during construction, and in the event of his failure to do so, the same may be removed by the City at the expense of the Contractor. 9 f) Traffic Control. The Contractor shall be responsible for maintaining traffic control at all times under the guidelines of the State of California Manual on Uniform Traffic Control Devices. Contractor shall submit two (2) traffic control plans in a minimum of 48 hours for pre-approval by the Public Works Director/City Engineer before starting construction work. g) Contractor shall maintain good housekeeping practices and observe Best Management Practices throughout the execution of the project.
h) The Contractor shall make a special effort to control dust during the execution of work.
Dust shall be maintained to a minimum by regular applications of water as necessary. It is the responsibility of the contractor to obtain all necessary permits and meet all requirements of the county of Imperial Air Pollution Control District. A copy of said permit shall be submitted to the City of Calexico Engineering Division. 1-08 CONTRACTOR TO FURNISH INFORMATION
a) Before proceeding with the erection of the construction plant, and other temporary structures, the Contractor shall furnish the Public Works Director/City Engineer with information and drawings of all such structures as may be required. b) Drawings and prints in such detail as may be required, or articles, machinery, or fabricated materials entering into permanent construction which are by these specifications required to be furnished by the Contractor and of which detailed drawings are not furnished by the City shall be submitted by the Contractor for approval and shall become the property of the City. Such approval shall not, however, operate to waive or modify any provision or requirement contained in these specifications.
1-09 EXAMINATION OF WORK
Bidders must examine the location, physical conditions and surrounding of the proposed work and judge for themselves the work to be done.
The Contract documents for the work show conditions as they are supposed or believed by the Public Works Director/City Engineer to exist, but it is not intended or to be inferred that the conditions as shown therein constitute a representation or warranty, express or implied, by the City or any of its officers or employees, that such conditions are actually existent, nor shall the Contractor be relieved of the liability under his contract, nor shall the City or any of its officers or employees be liable for any loss sustained by the Contractor as a result of any variance between conditions shown in the Contract Documents and the actual conditions revealed during the progress of the work or otherwise.
1-10 PLANS AND DRAWINGS
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Public Works Director/City Engineer, except by direction of the Public Works Director /City Engineer.
JO
Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Public Works Director/City Engineer and authorized in writing.
Working drawings or plans for any structure not included in the plans furnished by the Public Works Director/City Engineer shall be approved by the Public Works Director/City Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Public Works Director/City Engineer.
It is mutually agreed, however, that approval by the Public Works Director/City Engineer of the Contractor's working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall conform to the approved plans and specifications.
1-11 PERSONAL ATIENTION
The Contractor shall give his personal attention constantly to the faithful prosecution of the work, and shall be present, either in person or by a duly authorized and competent representative, on the site of the work, continually during its progress, to receive directions or instructions from the Public Works Director/City Engineer. Whenever the Contractor is not present on any part of the work where it may be desired to give directions, orders may be given by the Public Works Director/City Engineer, and shall be received and obeyed by the superintendent or foreman who may have charge of the particular part of the work in reference to which orders are given. 1-12 PROTESTS
If the Contractor considers any work demanded of him to be outside the requirements of the Contract, or if he considers any order or ruling of the Public Works Director/City Engineer or of any inspector to be unfair, he shall immediately upon such work being demanded or such order or ruling being made, ask for written instructions or decision, whereupon he shall proceed without delay to perform the work or conform to the order or ruling; but unless the Contractor finds such instructions or decision satisfactory, he shall, within ten (10) days after receipt of same, file a written protest with the Public Works Director/City Engineer, stating clearly and in detail his objections and the reason therefore. Except for such grounds of protest or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all grounds for protests or objections to the orders, ruling, instructions or decisions of Public Works Director/City Engineer, and hereby agrees that as to all matters not included in such protests the orders, instructions and decisions of the Public Works Director/City Engineer shall be final and conclusive.
1-13 RIGHT-OF-WAY
The right-of-way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements and pay all expenses for additional area required by him outside of the limits of the right-of-way, unless otherwise provided in the special conditions. 1-14 TIME AND ORDER OF WORK
11 a) The Contractor shall at all times employ such force, plant, materials and tools as will be sufficient, in the opinion of the Public Works Director/City Engineer, to complete the work or any separable portions thereof in accordance with a progress schedule and within the time limit fixed by the contract. If the Contractor should fail to employ sufficient force, plant, materials and tools or to maintain adequate progress he may, after such failure, be required to increase his progress at any point or points or to modify his plans and procedures in such manners and to such extent as the Public Works Director/City Engineer may direct, any extension of such shall not relieve the Contractor from the necessity of maintaining the required progress. In case of an extension by the Public Works Director/City Engineer of the time for the completion of the contract, as hereinafter provided a revised schedule of progress may be prescribed in accordance with such extension of time.
b) The time in which the various portions and the whole of the contract are to be performed and the work is to be completed is of the essence of the contract. 1-15 ASSIGNMENT FORBIDDEN
The Contractor shall not assign, transfer, convey, or otherwise dispose of this contract, or of his right, title or interest in or to the same or any part thereof, without the previous consent in writing of the Public Works Director/City Engineer and he shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the contract unless by and with the like consent signified in like manner. If the Contractor shall, without such previous written consent, assign, transfer, convey or otherwise dispose of the contract or of his right, title or interest therein, or of any of the monies to become due under the contract, to any other person, company or other corporation, the contract may at the option of the City be terminated and revoked, and the City shall thereupon be relieved and discharged from any and all liability and obligations growing out of the same to the Contractor, and to his assignee or transferee.
No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any part thereof, or by reason of the assignment of any monies to become due hereunder, unless authorized as aforesaid by the written consent of the Public Works Director/City Engineer. 1-16 SUBLETTING
The Contractor shall give his personal attention of the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, and their work shall be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the Public Works Director/City Engineer, the subcontractor shall be removed immediately on the recommendation of the Public Works Director/City Engineer and shall not again be employed on the work. 1-17 SUSPENSION OF CONTRACT
a) If the work to be done under the contract shall be abandoned by the Contractor, or if the Contractor shall make a general assignment for the benefit of his creditors or be 12 adjudicated a bankrupt, or if a receiver of his property or business is appointed by a court of competent jurisdiction, or if this contract shall be assigned by him otherwise than hereinbefore specified, or if at any time the Public Works Director/City Engineer shall be of the opinion that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or covenants of the contract, or of the specifications, or is executing the same in bad faith or not in the time named in the contract for its completion, or within the time to which the completion of the contract may have been extended as hereinbefore provided, the Public Works Director/City Engineer, acting on behalf of the City, may, by written notice, instruct the Contractor to discontinue all work or any part thereof under this contract. b) When such written notice is served upon the Contractor as provided in Section 1-06, he shall immediately discontinue the work or such part thereof as is covered by the notice and shall not resume the same except by written instructions from the Public Works Director/City Engineer. In any such case, the City may take charge of the work and complete it by a new contract or by force account. In so doing, the City may take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purposes of his work. The City may procure other materials and provide labor for the completion of same, or contract therefore and charge the expense of completion by either method to the Contractor.
These charges shall be deducted from such monies as may be due or may at any time hereafter become due the Contractor under and by virtue of this contract or any part thereof. In case such expense shall exceed the amount which would have been due the Contractor under the contract if the same had been completed by him, he shall pay the amount of such excess to the City; and in case such expense shall be less than the amount which would have been payable under this contract if the same had been completed by the Contractor, he shall have no claim to the difference except to such extent as may be necessary, in the opinion of the Public Works Director/City Engineer, to reimburse the Contractor or the Contractor's sureties for any expense, properly incurred for plant, equipment, materials, supplies and labor devoted to the prosecution of the work of which the City shall have received the benefit and which shall not have been otherwise paid for by the City. In computing such expense so far as it shall be deducted from the depreciated value thereof at the time taken over by the City and the difference shall be considered as an expense. Evidence of such expense satisfactory to the Public Works Director/City Engineer, shall be required, and all necessary estimates and appraisements shall be made by him.
When any particular part of the work is being carried on for the City by contract or otherwise, under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of his contract, and in such manner as in nowise to hinder or interfere with the persons or workmen employed, as above provided, by the City, by contract or otherwise to do any part of the work or to complete the same under the provisions of this section.
1-18 SUSPENSION OF WORK - EXTENSION OF TIME - NO EXTRA COMPENSATION a) The Public Works Director/City Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or 13 to such other conditions as are considered unfavorable for the suitable prosecution of the work or for such time as he may deem necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The Contractor shall immediately obey such order of the Public Works Director/City Engineer. b) Applications for extension of time must be made promptly in writing, stating cause. No delay shall be made the basis in any application for extension of time, unless such delay and the cause thereof shall have been called to the attention of the Public Works Director/City Engineer in writing within the ten (10) days from the beginning of such delay.
Applications for extension of time shall be addressed to the Public Works Director/City Engineer.
c) Permitting the Contractor to continue and finish the work, or any part of it, after the date to which the time fixed for its completion may have been extended, shall in nowise operate as a waiver on the part of the City or any of its rights under this contract. d) The Contractor shall receive no compensation on account of any suspension of the work either in whole or in part or for any delay or hindrance herein mentioned except as provided in the Detail Specifications.
1-19 FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES a) The Contractor shall pay for each and every day, including Sundays and legal holidays that they shall be in default in completing the whole work to be done under this contract, the sum named in the Special Provisions, which sum is by the execution of the Agreement mutually agreed upon as liquidated damages which the City will suffer by reason of such default. The City shall have the right to deduct the amount of such damages from any monies due or to become due the Contractor under this contract. b) It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges.
c) The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by the acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the Public Works Director/City Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive.
14 1-20 CHANGES
a) If either the Public Works Director/City Engineer or the Contractor on account of conditions which develop during the progress of the work finds it impracticable to comply strictly with these specifications, the Public Works Director/City Engineer may prescribe a modification of requirements of methods of work. For such purposes, the Public Works Director/City Engineer may at any time during the life of the contract, by written order make such changes as he shall find necessary in the design, line, grade, form, location, dimensions, or plan of any part of the work or equipment hereinafter specified. If such changes increase or diminish the quantity or amount of work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with; provided, that if such changes or alterations render useless, any work already done, the Public Works Director/City Engineer shall make reasonable allowance therefore, which action shall be binding upon both parties. b) In the event of increasing or decreasing of work, the total amount of work actually done shall be paid for according to the unit price established for such work under the contract, wherever such unit price has been established. In the event no prices are named in the contract to cover such changes or alteration, the cost of such changes shall be covered as hereinafter provided for extra work.
c) The City reserves the right to increase or decrease the portion of work or to omit portions of the work as may be deemed necessary or expedient by the Public Works Director/City Engineer.
1-21 EXTRA WORK
a} If during the performance of the contract, it shall, in the opinion of the Public Works Director/City Engineer, become necessary or desirable for proper completion of the contract to order work done or materials or equipment furnished which in the opinion of the Public Works Director/City Engineer are not susceptible of classification under the bid items, the Contractor shall do and perform such work and furnish such materials and equipment as extra work, as hereinafter provided. All extra work shall be ordered in writing before it is started. No extra work shall be paid for unless ordered in writing. b) Extra work will ordinarily be paid for at a lump sum or unit price agreed upon in writing by the Public Works Director/City Engineer and the Contractor before the extra work shall be ordered.
c) Whenever in the judgment of the Public Works Director/City Engineer extra work or extra material, as the case may be, is not of like character to and is not susceptible of classification under the bid items of the contract as specified, and it is impracticable because of the nature of the work, or for any other reason to fix the price before the extra work order shall be issued, extra work and material, when furnished by the Contractor, shall be paid for at actual necessary cost of materials, supplies, labor {including foremen's wages), workmen's compensation insurance, contributions made to the State as required by the provisions of the Unemployment Insurance Act, Chapter 352, Statutes of 1935, as 15 amended, taxes paid to the Federal Government as required by The Social Security Act, approved August 14, 1935, as amended and the reasonable value of the use of equipment forthe actual time it is used, all as determined by the Public Works Director/City Engineer, plus fifteen percent (15%) to cover the following:
Profit
General Expenses
All insurance except workmen's compensation insurance
Excise taxes
Property taxes
Bond premiums
License and inspection fees imposed by any governmental authority Any and all other items of expense not specifically mentioned under Subsection (c) herein
The Public Works Director/City Engineer determination and certification of said actual necessary cost shall be binding and conclusive on the Contractor, and the Public Works Director/City Engineer shall be deemed the arbiter to determine the cost of such work. d) If any work or materials be ordered under this section on a cost-plus basis, the Contractor shall, at the times directed during the performing of the work or the furnishing of the materials, render to the Public Works Director/City Engineer, written reports in prescribed form, showing all items that may enter into the cost, the quantity and the character of each such material, from whom purchased and the net amount paid or to be paid therefore, and such other information as directed. If required, the Contractor shall produce any books, vouchers, other records, or memoranda, which will assist the Public Works Director/City Engineer in determining the true, necessary cost of the work and materials to be paid for.
e) Any extra work performed hereunder shall be subject to all the provisions of the contract and the Contractor's sureties shall be bound with reference thereto as under the original contract.
1-22 COST BREAKDOWN
Within ten {10) days after commencing work, the Contractor shall submit, to the Public Works Director/City Engineer, a cost breakdown in duplicate of all unit and lump sum prices under the contract. The breakdown, as approved, may be used by the Public Works Director/City Engineer to verify the fair value of the work for progress payments. 1-23 PROGRESS ESTIMATES
The Public Works Director/City Engineer, shall on or about the fifth day of each calendar month, except as provided in Section 1-23, make in writing and certify to the City Clerk an estimate such as in his opinion shall be just and fair, of the amount and value of the work done by the Contractor.
To the figure thus arrived at, shall be added any amounts due the Contractor for extra work and the amount of any approved claims for extra cost to the date of the progress estimate. 16 A deduction of five percent (5%} shall be made from the estimated value of the work done, and from the remainderthere shall be further deducted any amounts due the City from the Contractor for services rendered and any other amounts that may be due the City under the terms of the contract. From the balance thus determined shall be deducted the amount of all previous payments and the remainder shall constitute the progress estimate for that month.
Such progress estimates shall not be required to be made by strict measurement, but they may be made by measurement or by estimation, or partly by one method or partly by the other, and it shall be sufficient if they are approximate only.
Pursuant to California Public Contract Code Section 22300, the Contractor has the option of substituting securities for any money that is withheld under this section. 1-24 PROGRESS ESTIMATES MAY BE WITHHELD
The progress estimates provided for in Section 1-23 hereof may at any time be withheld or reduced if, in the opinion of the Public Works Director/City Engineer, the Contractor is not diligently and efficiently endeavoring to comply with the intent of the contract, or ifthe Contractor shall fail to pay his labor bills as they become due.
1-25 PROGRESS PAYMENTS
a} Upon each progress estimate being made and certified in writing, the City shall, within fifteen (15) days after the date of such estimates, except as stipulated in Subsection (b} hereof, pay to the Contractor the amount stated in such estimates to be due the Contractor; provided, however, that the City may at all times reserve and retain from such progress payments, in addition to the retained percentage and other amounts above mentioned to be deducted in computing the progress estimated, any sum or sums which by the terms hereof, or of any law of the State of California, it is or may be authorized or required to reserve or retain; and provided further, that no progress estimate or progress payment shall constitute an acceptance of the work or any portion thereof. The percentage deducted as above set forth shall become due and payable with and as a part of the final payment to be made as hereinafter provided. b} In the event the contract or any part thereof shall be suspended as provided in Section 1- 17, the retained percentage as provided in Section 1-23, shall become the sole and absolute property of the City to the extent necessary to repay to the City any excess in the cost of the work above the contract price. After issuance of notice to discontinue work, no payments upon progress estimates or otherwise shall thereafter be made the Contractor forthe work covered by said notice until completion of the work. 1-26 FINAL ESTIMATE AND PAYMENT
a} Whenever in the opinion of the Public Works Director/City Engineer the Contractor shall have completely performed the contract on his part, the Public Works Director/City Engineer will submit to the Contractor a written statement of the final quantities of contract items for inclusion in the final estimate. The Contractor will be expected to submit his written approval of said proposed final quantities within five (5) days of receipt of the 17 Public Works Director/City Engineer's statement, or in the event the Contractor disagrees with such written statement, shall within said period of five (5) days file a written statement of all claims, which he intends to present.
b) Upon receipt from the Contractor of written approval of the final quantities or such written statement of his claims, the Public Works Director/City Engineer shall make in writing and certify to the City Clerk an estimate in which he shall state, from actual measurements, the whole amount of work done by the Contractor and also the value of such work under and according to the terms of the contract. Within ten (10) days after the date of receipt of the aforesaid approval or state of claims, the Public Works Director/City Engineer shall cause to be filed, on behalf of the City, in the Office of the Imperial County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. On the expiration ofthirty-five (35) days after the filing of such notice of completion of the work, the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the first mentioned estimate all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract. c) All prior estimates upon which partial payments have been made shall be subject to correction in the final estimate. The final estimate and payments made there under shall be final and conclusive upon the Contractor.
1-27 RECOVERY OF DAMAGES
The making of an estimate and payment in accordance therewith shall not preclude the City from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the specifications.
1-28 FINAL PAYMENT TERMINATES LIABILITY
The acceptance by the Contractor of the final payment aforesaid shall be a release to the City and its agents from all claim and liability to the Contractor for anything done or furnished for or relating to the work or for any act or neglect of the City or of any person relating to or affecting the work except the claim against the City for the remainder, if any, of the amount kept or retained as provided in Section 1-31.
1-29 NO PERSONAL LIABILITY
No agent of the City shall be personally responsible for any liability arising under the contract. No claims shall be made or filed and neither the City nor any of its agents shall be liable for or held to pay any money, except as specifically provided in the contract. 1-30 MONIES MAY BE RETAINED
The City may keep any monies which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefore, to the payment of any expense, losses or damages as determined by the Public Works Director/City Engineer incurred by the City for which the Contractor is liable under the contract.
18 1-31 UNPAID CLAIMS
If, upon or before the completion of the work herein agreed to be performed or at any time prior to the expiration of the period within such claims of liens may be filed for the record as prescribed by Section 3179 of the Civil Code of the State of California, any person or persons claiming to have performed any labor toward the performance or completion of this contract, or that they have agreed to do so, shall file with the City a verified statement of such claim, stating in general terms the kind of labor and the name of the person to orforwhom the same was done, or both, together with a statement that the same has not been paid or if any person or persons shall bring against the City or against any agent or agents thereof any action to enforce such claim, the City shall until the discharges thereof withhold from the monies under its control so much of said monies due or to become due the Contractor under this contract as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the costs thereof; provided that ifthe City shall in its discretion permit the Contractor to file such additional bonds as is authorized by Section 3196 ofthe Civil Code, in a penal sum equal to one and one-fourth (1-1/4) times the amount of said claim, said monies shall not thereafter be withheld on account of such claim.
1-32 ADDITIONAL SURETY
If during the continuance of the contract, any of the sureties upon the faithful performance bond in the opinion of the Public Works Director/City Engineer are/or become insufficient, he may require additional sufficient sureties which the Contractor shall furnish, to the satisfaction of the Public Works Director/City Engineer, within fifteen (lS) days after notice and in default thereof the contract may be suspended and the work completed as provided in Section 1-17 hereof. 1-33 PREVAILING RATE OF PER DIEM WAGES
The City has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic needed to execute the contract and has specified same in the Notice of Inviting Bids which is attached hereto and made a part of the contract. The Contractor shall forfeit as a penalty to the City of not more than fifty dollars ($50) for each laborer, workman, or mechanics employed for each calendar day or portion thereof, such laborers, workman or mechanic is paid less than the said stipulated rates for any work done under the contract by him or by any subcontractor under him in violation of the provisions of the California Labor Code.
1-34 PAYMENT OF WAGES
The issuance as payment for wages of any evidence of indebtedness is prohibited unless the same is negotiable and payable on demand without discount. Wages must be paid at least semimonthly on regular pay days established in advance, and shall include all amounts for labor or services performed by employees of every description as required under the provisions of the California Labor Code.
1-35 EIGHT HOUR LAW
19 The Contractor shall comply with all applicable provisions of Section 1810to 1816, inclusive, of the California Labor Code relating to working hours. The time of service of any laborer, workman or mechanic employed on the work shall be limited and restricted to eight hours during any one calendar day, except in cases of an extraordinary emergency caused by fire, flood or danger to life or property and the Contractor shall forfeit as a penalty to the City of twenty-five dollars ($25.00) for each such laborer, workman or mechanic employed in the execution of this contract by him or any subcontractor under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight hours in violation of the provisions of the California Labor Code.
1-36 OVERTIME - NO EXTRA COMPENSATION
Overtime work (i.e., work in excess of eight hours in any one calendar day or work performed on a Sunday or other legal holiday) shall not entitle the Contractor to any compensation for any contract item in addition to that stipulated in the contract for the kind of work performed even though such overtime or legal holiday work may be required under emergency conditions, and may be ordered by the Public Works Director/City Engineer in writing. In case of extra work ordered by the Public Works Director/City Engineer under the provisions of Section 1-21 hereof, no additional payment will be made to the Contractor because of the payment by him of overtime or legal holiday rates for such work, unless the use of overtime or legal holiday work in connection with such extra work is specifically ordered in writing by the Public Works Director/City Engineer and then only to such extent as extra payment is regularly being made by the Contractor to his men for overtime or legal holiday work of a similar nature in the same locality. 1-37 CHARACTER OF WORKMEN
None but skilled workmen shall be employed on work requiring special qualifications. When required in writing by the Public Works Director/City Engineer, the Contractor or any subcontractor shall discharge any person who is in the opinion of the Public Works Director/City Engineer, incompetent, unfaithful, disorderly or otherwise unsatisfactory and shall not again employ such discharged person on the work except with the consent of the Public Works Director/City Engineer. Such discharge shall not be the basis of any claim for compensation or damage against the City or any of its officers.
1-39 INSPECTION
The Public Works Director/City Engineer shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.
Whenever the Contractor varies the period, which work is carried on each day, he shall give due notice to the Public Works Director/City Engineer, so that proper inspection may be provided. Any work done in the absence of the Public Works Director/City Engineer will be subjectto rejection.
The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good notwithstanding the fact that such defective work have been previously overlooked by the Public Works Director/City Engineer and accepted or estimated for payment.
20 1-40 DEFECTIVE WORK
a) If the work, or any part thereof, shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defects without compensation in a manner satisfactory to the Public Works Director/City Engineer, and the cost of any excess material furnished by the City shall be borne by the Contractor. 1-41 USE OF COMPLETED PORTIONS
The City may at any time during progress of the work, after written notice to the Contractor, take over and place in service any completed portions of the work which are ready for service, although the entire work of the contract is not fully completed and notwithstanding the time for completion of the entire work or such portions which may not be expired. In case, the City shall issue certificates of acceptance for such portions of the work but such taking possession thereof shall not be deemed an acceptance of any other portion of the work, nor of any incomplete portions, nor of any work not completed in accordance with the contract documents. 1-42 PROPERTY RIGHTS IN MATERIALS
Nothing in this contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil or after payment has been made forthe value of unused material delivered to the site of the work as provided for in Section 1-23 hereof. All such materials attached or affixed or unused shall become the property of the City.
1-43 TITLE TO MATERIALS FOUND ON THE WORK
The right to the use of all soil, stone, gravel, sand and all other materials and equipment developed or obtained in the excavation or other operations by the Contractor or any subcontractor or any of their employees and the right to use and/or dispose of the same are hereby expressly reserved in the City and neitherthe Contractor, nor any subcontractor nor any of their employees shall have any right, title or interest in or to any part thereof nor shall they, nor any of them, assert or make any claim thereto. The Contractor shall be permitted to use in the work, without charge, any such materials, which meet the requirements of these specifications. 1-44 ENFORCEMENT OF ORDER
The Contractor shall be responsible for maintaining good order at the site where work is performed under this contract and to that end shall employ such watchmen or other persons as may be required. Unauthorized persons shall be excluded from the site of the work. The Contractor shall not sell, nor shall he permit or suffer the introduction or use of intoxicating liquors or narcotics upon the works embraced in these specifications or upon any of the grounds occupied or controlled by him in connection with such works.
1-45 PATENTS AND COPYRIGHTS
The Contractor shall hold and save the City, it officers, agents and employees harmless from liability of any nature and kind including costs and expenses for or on account of any copyrighted 21 or uncopyrighted composition, secret process, patented or un patented invention, article or appliance manufactured, furnished or used by him in the performance of this contract, including their use by the City, unless otherwise specifically stipulated in the contract. 1-46 LAWS AND REGULATIONS
a) The Contractor shall keep himselffully informed of all Federal and State laws, County and City ordinances and regulations which in any manner affect those engaged or employed on the work or the materials used in the work or in anyway affectingthe conduct of the work.
If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to in relation to any such law, ordinance or regulation, he shall forthwith report the same in writing to the Public Works Director/City Engineer. He shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance or regulation whether by himself or by his employees.
b) Except as otherwise explicitly provided elsewhere in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense, and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.
c) All federal laws and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and work required to be done hereunder shall be deemed to be and hereby are made controlling and part of these specifications.
1-47 SALES AND/OR USE TAXES
Except as may be otherwise provided herein, all sales and/or use taxes assessed by Federal, State or local authorities on materials used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor.
1-48 RESPONSIBILITY FOR DAMAGE
a) Indemnity Agreement
Except for the gross negligence or willful misconduct of an lndemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at lndemnitees' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("lndemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the lndemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and 22 custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use of occupation of the premises by Contractor, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors.
4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damage or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), (4), and (5).
Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an lndemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance 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.
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 23 defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section.
This Indemnity shall survive termination of the Agreement of Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the lndemnitees may have under the law or under any other contract documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds ifthe Contractor provides City with reasonable assurance of protection of the lndemnitees' interests. City shall, in its sole discretion, determine whether such assurances or reasonable. b) Insurance Requirements
Prior to the beginning of and throughout the duration of the work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent.
Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following:
• Explosion, collapse or underground hazard {XCU)
• Products and completed operations
• Pollution liability
Contractual liability
Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project.
2. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losse's.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no 24 vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. 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 precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 per occurrence and aggregate.
5. Course of Construction insurance shall provide "all risk" coverage for the completed value of the project. Policies shall contain the following provisions:
(1) City shall be named as loss payee; and (2) the insurer shall waive all rights of recovery against the City.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Best rating of A- or better and minimum financial size VII.
c) Additional Requirements
Contractor and City further agree as follows:
1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insured City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors and anyone else involved in any way with the project contemplated by this agreement, to do likewise.
2. Any waiver of subrogation express or implied on the part of City to any party involved in this agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project contemplated by this agreement, to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to City, or to specifically allow Contractor or others providing insurance 25 herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to provide coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved.
Nothing referred to here or contained in any agreement involving City in relation to the project(s) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way.
5. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period} which may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of the agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require 30 day notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor 26 agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverage required herein will likewise have concurrent starting and ending dates.
12. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement.
This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally' provided by any given policy.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all inclusive. 27 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City.
21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
1-49 TRESPASS
The Contractor shall be responsible for all damage or injury, which may be caused on any property by trespass of the Contractor's employees in the course of their employment whether the said trespass was committed with or without the consent or knowledge of the Contractor. 1-50 SAFETY, SANITARY AND MEDICAL REQUIREMENTS
The Contractor and his subcontractors, if any, and employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the City or by County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be observed and safeguarded. In case such regulations and orders are not observed by the Contractor they may be enforced by the General Services Director at the Contractor's expense.
1-51 PROTECTION AND CLEAN UP
The Contractor shall protect and care for all work until completion and acceptance thereof. Before the Contractor makes application forthe acceptance of the work, all rubbish, excess earth and rock or surplus materials shall be removed leaving the site in a neat, orderly and presentable condition. 1-52 LABOR DISCRIMINATION
No discrimination shall be made in the employment of persons upon Public Works because of the race, color, religious creed, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation of such persons except as provided in Section 12940 of the California Government Code, and every contractor for Public Works violating 28 Section 1735 of the California Labor Code is subject to all penalties imposed for a violation of Chapter 1, of Part 7, of Division 2 of the California Labor Code. 1-53 APPRENTICES
Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices.
Information relative to Apprenticeship Standards Wage Schedules and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship - San Francisco, California or from the Division of Apprenticeship Standards and its branch offices. 1-54 PRECONSTRUCTION CONFERENCE
Before the start of construction, the Public Works Director/City Engineer will arrange to meet with the Contractor to discuss the requirements on such matters as project supervision, on-site inspections, progress, schedules and reports, payment(s) to Contractor(s), safety and other items pertinent to the project. At this conference, all parties should be prepared to discuss any anticipated problems.
1-55 SUBCONTRACTING LISTING
a) Any person making a bid or offer to perform the work described in this contract shall in his bid or offer set forth:
i. The name and location of the place of business of each subcontractor who will perform work of labor or render service to the Contractor in or about the construction of the work or improvement or a subcontractor licensed by the State of California, who, under the subcontract to the Contractor, especially 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 (Y,) of one percent of the Contractors total bid.
ii. The portion of the work, which will be done by each such subcontractor under this contract. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in his bid.
b) No Contractor whose bid is accepted shall, without the consent of the City either:
i. Substitute any person as subcontractor in place of the subcontractor designated in the original bid.
ii. Permit any subcontractor to be assigned or transferred or allow it to be performed by any other than the original subcontractor listed in the bid. 29 iii. Sublet or subcontract any portion of the work in excess or one-half (Yi) of one percent of the Contractor's bid as to which his original bid did not designate a subcontractor.
c) Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. 1-56 LABOR COMPLIANCE
After the City has awarded said project at pre-construction meeting, the City of Calexico Labor Compliance Officer shall present information at this conference regarding State labor law requirements applicable to contract, including prevailing wage requirements, respective record-keeping responsibilities, the requirements for submittal of certified payroll records to the City and the prohibition against discrimination in employment.
END OF GENERAL CONDITION
30 SUPPLEMENTARY GENERAL CONDITIONS (STATE) CALIFORNIA STATE REQUIREMENTS
1. State Wage Determinations:
a) As required by Sections 1770 and following, of California Labor Code, the CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the CITY, which copies shall be made available to any interested party on request. The CONTRACTOR shall post a copy of such determination at each job site.
b) In accordance with Section 1775 of the California Labor Code, the CONTRACTOR shall, as a penalty to the CITY, forfeit not more than $50.00for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for the work or craft in which the worker is employed for any public work done under the contract by him or her or by subcontractor under him or her.
2. Workers' Compensation:
a) In accordance with the provisions of Section 3700 of the California Labor Code, the CONTRACTOR shall secure the payment of compensation to his employees. b) Prior to beginning work under the Contract, the CONTRACTOR shall sign and file with the CITY the following certification:
"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."
c) Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the CITY, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of workers' compensation.
3. Apprentices on Public Works:
The CONTRACTOR shall comply with all applicable provisions of Section 1777.5 of the California Labor Code relating to employment of apprentices on public works.
4. Working Hours:
The CONTRACTOR shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The CONTRACTOR shall, as a penalty to the CITY, forfeit $25.00 for each worker employed in the execution of the Contract by the CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in anyone calendar day and 40 hours in anyone calendar 31 week, unless such worker receives compensation for all hours worked in excess of 8 hours at not less than 1-1/2 times the basic rate of pay.
5. CONTRACTOR Not Responsible For Damage Resulting From Certain Acts of God:
As provided in Section 7105 of the California Public Contract Code, the CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the WORK which damage is determined to have been proximately caused by an act of God, in excess of 5 percent of the contracted amount, provided, that the WORK damaged was built in accordance with accepted and applicable building standards and the plans and specification of the CITY. The CONTRACTOR shall obtain insurance to indemnify the CITY for any damage to the WORK caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the WORK. For purposes of this Section, the term "acts of God" shall include only the following occurrences or condition and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale, and tidal waves.
6. Notice of Completion:
In accordance with the Sections 3086 and 3093 of the California Civil Code, within 10 days after date of acceptance of the WORK by the CITY'S governing body, the CITY will file, in the County Recorder's office, a Notice of Completion of the WORK.
7. Unpaid Claims:
If, at any time prior to the expiration of the period for service of a stop notice, there is served upon the CITY a stop notice as provided in Sections 3179 and 3210 ofthe California Civil Code, the CITY shall, until the discharge thereof, withhold from the monies under its control so much of said monies due or become due to the CONTRACTOR under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the CONSTRUCTION MANAGER shall, in its discretion, permit CONTRACTOR to file with the CITY the bond referred to in Section 3196 of the Civil Code of the State of California, said monies shall not thereafter be withheld on account of such stop notice.
8. Concrete Forms, Falsework, and Shoring:
The CONTRACTOR shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete.
Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the CONTRACTOR shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the price name in the Contract for completion of the WORK as set forth in the Contract Documents.
9. Retainage From Monthly Payments:
Pursuant to Section 22300 of the California Public Contract Code, the CONTRACTOR may substitute securities for any money withheld by the CITY to insure performance under the Contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be 32 deposited with the CITY or with a state or federally chartered bank as the escrow agent, who shall return such securities to the CONTRACTOR upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the CITY which provides that no portion of the securities shall be paid to the CONTRACTOR until the CITY has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The CITY will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the CITY of a Notice of Completion. Securities eligible for investment under Section 22300 shall be limited to those listed in Section 16430 of the Government Code and to bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the CONTRACTOR and the CITY.
10. Public Works Contracts; Assignment to Awarding Body:
In accordance with Section 7103 of the California Public Contract Code (A.B. 3416), the CONTRACTOR and Subcontractors shall conform to the following requirements. In entering a public works contract or a subcontract to supply goods, services, or materials pursuant to 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 under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties.
11. Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations:
a) In accordance with Section 1776 of the California Labor Code each contractor and subcontractor shall keep an accurate payroll record, 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 him or her in connection with the public work. CONTRACTOR on the following basis:
1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in Paragraph 11 (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3) A certified copy of all payroll records enumerated in Paragraph 11 (a) shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division oflabor Standards Enforcement. If the requested payroll records have not 33 been provided pursuant to Paragraph ll(a)(2) the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, subcontractors, and the entity through which the request was made.
The public shall not be given access to the records at the principal office of the CONTRACTOR.
b) Each contractor shall file a certified copy of the records, enumerated in Paragraph 11 (a) with the entity that requested the records within 10 days after receipt of a written request. c) Any copy ofrecords made available for inspection as copies and furnished upon requestto the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the CONTRACTOR awarded the contract or performing the contract shall not be marked or obliterated. d) The CONTRACTOR shall inform the body awarding the contract of the location of the records enumerated under Paragraph 11 (a) including the street address, city and county, and shall, within 5 working days, provide a notice of change of location and address. e) In the event of noncompliance with the requirements of this Section, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply with this Section. Should noncompliance still be evident after the 10-day period, the CONTRACTOR shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
12. Cultural Resources:
The CONTRACTOR's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470) as specified under Section 01560, "Temporary Environmental Controls" of the General Requirements.
13. Protection of Workers In Trench Excavations:
As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches 5 feet or more in depth, the CONTRACTOR shall submit for acceptance by the CITY or by a registered civil or structural engineer, employed by the CITY, to whom authority to accept has been delegated, in advance of excavation, 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 established by the Construction Safety Orders of the Division of the Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the CONTRACTOR, and all costs therefore shall be included in the price named in the Contract for completion of the WORK as set forth in the Contract 34 Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders.
Nothing in this Section shall be construed to impose tort liability on the CITY, the CONSTRUCTION MANAGER, the DESIGN CONSULTANT or any of their officers, agents, representatives, or employees.
14. Travel and Subsistence Pay:
a) As required by Section 1773.1 of the California Labor Code, the CONTRACTOR shall pay travel and subsistence payments to each workman needed to execute the WORK, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
b) To establish such travel and subsistence payments, the representative of any craft, classification or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids.
15. Removal, Relocation, or Protection to Existing Utilities:
a) In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main ortrunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The agency will compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work.
b) The CONTRACTOR shall be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the city of the utility to provide for removal or relocation of such utility facilities. c) Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances when the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of construction; provided, however, nothing herein shall relieve the public agency from identifying main ortrunklines in the plans and specifications.
d) If the CONTRACTOR while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he shall immediately notify the public agency and utility in writing.
35 e) The public utility, where they are the city, shall have the sole discretion to perform such repairs or relocation work or permit the CONTRACTOR to do such repairs or relocation work at a reasonable price.
16. Contractor License Requirements:
In accordance with Section 7028.15 of the California Business and Professions Code, a licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, and the license expiration date is stated. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the public agency.
17. Certain Claims:
a) Notwithstanding the foregoing, any demand of$375,000 or less, by the CONTRACTOR fora time extension; payment of money or damages arising from the work done by or on behalf of the CONTRACTOR pursuant to this contract; or payment of an amount which is disputed by the CITY shall be processed in accordance with the provisions of Public Contracts Code Section 20104 et seq.
b) A single written claim shall be filed under this section prior to this date offinal payment for all demands arising out of the contract.
c) Within thirty (30) days of the receipt of the claim, the CITY may request additional documentation supporting the claim or relating to defenses or claim the CITY may have against the CONTRACTOR. If the amount of the claim is less than $50,000, the CONTRACTOR shall respond to the request for additional information within fifteen {15) days after the receipt of the request. The CONTRACTOR shall respond to the request within thirty (30) days of receipt if the amount of the claim exceeds $50,000 but is less than $375,000.
d) Unless further documentation is requested, the CITY shall respond to the claim within forty-five (45) days if the amount of the claim is less than $50,000 or sixty (60) days if the amount of the claim is more than $50,000 but less than $375,000. If further documentation is requested, the CITY shall respond within the same amount of timetaken by the CONTRACTOR to respond or fifteen (15) days, whichever is greater, after receipt of further information if the claim is less than $50,000. lfthe claim is more than $50,000 but less than $375,000 and further documentation is requested by the CITY, the CITY shall respond within the same amount of time taken by the CONTRACTOR to respond or thirty (3) days, whichever is greater.
e) If the CONTRACTOR disputes the CITY's response, or the CITY fails to respond, the ' CONTRACTOR may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the CITY within fifteen (15) days after the deadline of the CITY to respond or within fifteen (15) days of the CITY's response, whichever occurs first. The CITY shall schedule the meet and confer conference within thirty (30) days of the request.
36 f) If the meet and confer conference does not produce a satisfactory request, the CONTRACTOR may pursue remedies authorized by law.
18. Prohibiting Work by Certain Contactors:
Pursuant to the provisions in Section 1777.1 and 1777.7 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at:
http://www.dir.ca.gov/DLSE/Debar.html
19. Prompt Progress Payment to Subcontractors
A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
20. Prompt Payment of Funds Withheld to Subcontractors
The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor~
21. Federal Lobbying Restrictions
Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower-tier sub-recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement.
37 If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents.
A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Bid book. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Bid book. Signing the Bid book shall constitute signature of the Certification.
The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer.
The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:
(1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered federal action; or
(3) A change in the officer(s), employees(s), or member(s) contacted to influence or attempt to influence a covered Federal Action.
22. Buy America Requirements
Attention is directed to the "Buy America" requirements of the Title 23 United States Code, Section 313 and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements.
A Certificate of Compliance, conforming to the provisions in Section 6 1.07, Certificates of Compliance, of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions allowed herein. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract cost or 38 $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work.
23. Title VI Assurances
During the performance of this Agreement, the contractor, for itself, its assignees and successors in Interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
(1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly In the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives Issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any Information required of CONTRACTOR Is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. (5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or In part. (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, 39 unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
24. Use of United States-Flag Vessels
The CONTRACTOR agrees1. To utilize privately owned United States-flag commercial vessels to ship at least SO percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.
2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
3. To insertthe substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
25. Bid Rigging
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities.
The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
- END OF CALIFORNIA STATE REQUIREMENTS -
40 SUPPLEMENTARY GENERAL CONDITIONS
SPECIFICATIONS
1.01 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the appropriate provisions of construction details as shown in the specifications entitled "Standard Plans for Public Work Construction", 2021 edition, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications and in accordance with the following provisions:' Whenever in the Standard Specifications the following terms are used, they shall be understood to mean to refer the following:
Department - City of Calexico, California
Director of Public Works - The Public Works Director/City Engineer of the City of Calexico, California.
Engineer - The Public Works Director/City Engineer, acting directly or through properly authorized agents, such agents acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory- The designated laboratory authorized by the City of Calexico to test materials and work involved in the contract.
State - The City of Calexico, California.
SPPWC - Standard Plans for Public Work Construction
State of California, Department, California State Transportation Agency, Department of Transportation, Standard Specifications
other terms appearing in the Standard Specifications, the General Conditions and these Special Provisions, shall have the intent and meaning specified in Section 1-2, "Terms and Definitions", of the Standard Specifications. In case of conflict between the Standard Specifications and these General Conditions and Specifications, the General Conditions and Specifications shall take precedence over and be used in lieu of such conflicting portions.
1.02 SCOPE OF WORK
The project involves a temporary street closure of vehicular traffic on Rockwood Avenue between 2nd Street and 1'1 Street. The goal is to encourage pedestrian and bicyclist mobility and to reinforce safety in the downtown promenade area.
The proposed work includes, but is not limited to, removal/installation of new traffic signing & striping. All materials required for the completion of work as shown on the Plans shall be provided to the Contractor by the City.
END OF SUPPLEMENTARY GENERAL CONDITIONS
41 JOB QUANTITIES
The following preliminary estimate of the quantities of work to be done are approximate only, being given as a basis for the comparison of bids, and the City of Calexico, does not expressly, or by implications agree that the actual amount of work, will correspond therewith, but reserves the right to increase or decrease the amount of and class of portion of the work that may be deemed necessary or expedient by the Public Works Director/City Engineer.
Item No. Approximate Unit Description Quantity
1 1 LS Mobilization
2 1 LS Traffic Control
3 1 LS Signing & Striping
4 24 EA Install type Ill barricade
END OF JOB QUANTITIES
42 PROPOSAL BID FORM
TO THE PUBLIC WORKS DIRECTOR/CITY ENGINEER OF THE CITY OF CALEXICO:
The undersigned hereby declares that he has carefully examined the location of the proposed work that he has examined the plans and specifications and read the accompanying instructions to bidders and hereby proposes to do all work required to complete the said work in accordance with said plans and specifications and special provisions for the unit prices set forth in the following schedule. The bidder shall furnish prices for all items shown in the proposal.
Name of firm:
--
Item No. Approximate Unit Description
Unit Total
Quantity Price Price
1 1 LS Mobilization
2 1 LS Traffic Control
3 1 LS Signing & Striping
4 24 EA Install type Ill barricade
Grand Total Bid Price Written in words: ---------------------
1.00-The undersigned hereby acknowledges the receipt of the following addendum:
None ___ ; No. 1 ___ ,; No. 2 ___ ; No. 3 ___ ,; No. 4 ___ ; No. 5 __ _
2.00 - The undersign hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation.
3.00-The undersigned hereby accepts on the behalf of his firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated damages.
4.00 - The undersigned hereby certifies that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:
Name of firm:
43 Address of firm:
Telephone Number: ~~---------
Fax Number: ---'---'--------~
Contractor's License Number: Type: -------
Signed: Date: -------
END OF PROPOSAL/BID FORM
44 BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT , hereinafter called Principal, and
Hereinafter called the Surety, are jointly and severely held -------------- and firmly bound unto the CITY OF CALEXICO hereinafter called Owner, in the penal sum of ten percent (10%) of the Bid of Principal for the Works of Dollars ~---~-($
. This sum not to exceed
lawful money of the United States
of America, for the payment whereof unto Owner, Principal and Surety jointly and severely bind themselves forever firmly by these presents, except said penal sum shall not exceed ten percent (10%) of the amount Bid by Principal for Work which is awarded to Principal by the Owner.
WHEREAS, Principal is herewith submitting a bid forthe work entitled "SCAG Local Demonstration Initiative Project- Rockwood Avenue".
NOW, THEREFORE, the condition of this obligation is such that if Principal is awarded a contract for the work, and if Principal within the time specified in the bid enters into, executes and delivers to owner an agreement in the form provided herewith, and if Principal within the time specified in the Bid gives to the owner the performance bond and the payment bond on the forms provided herewith, then this obligation shall be void. If, however, Principal shall fail or refuse to furnish, execute and deliver to owner said agreement in the time stated in the bid or should fail or refuse to furnish Performance Bond and Payment Bond in the time stated in the bid, then Principal and Surety shall forfeit to Owner the penal sum hereof.
AND, IT IS HEREBY DECLARED AND AGREED that Surety shall be liable under this obligation as Principal, and that nothing ofany kind of nature whatsoever that will not discharge, Principal shall operate as a release of liability of Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and sealed this 2022 --------------
BY:
----
------------------
BY: ------------------
Insurance companies A.M. Best Company identifying number: --------
END OF BID BOND
45 day of
PROPOSAL AGREEMENT
The undersigned agrees that this bid may not be withdrawn within a period of ninety (90) days from the opening thereof, and further agrees that in case of default in executing the required contract with necessary bonds with the ten days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his/her bid shall become the property of the City of Calexico, California.
The certified or cashier's check, cash deposit or bid bond accompanying this.proposal is in the amount of ten percent (10%) or more of the aggregate amount of this bid.
The undersigned is licensed in accordance with the Laws of the State of California.
License Number: Class: ------
Company
Business Address
Telephone Number
Fax Number
Signature Bidder Date
END OF PROPOSAL
46 CONSTRUCTION AGREEMENT
CITY OF CALEXICO, CALIFORNIA
THIS AGREEMENT is made this day of 2022, by and between the City of Calexico, a Municipal Corporation of the State of California ("City") and --------------("Contractor"). The City and the CONTRACTOR for consideration stated herein agree as follows:
1. Description of Project
CONTRACTOR shall provide for the construction of the SCAG Local Demonstration Initiative Project - Rockwood Avenue in accordance with the Invitation for Bids.
2. Description of Work
2.1 CONTRACTOR shall furnish all of the labor, tools, equipment, and services required to perform all of the work in connection with the construction of SCAG Local Demonstration Initiative Project - Rockwood Avenue in accordance with the invitation for Bids, incorporated by reference as though fully set herein. Said construction shall be in accordance with the 2021 Standard Specifications for Public Works Construction, Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, and the General Prevailing Wage rates dated 2022.
Said invitation for bids, Standard Plans, Standard Specifications, Labor Surcharge and Equipment Rental Rates, and General Prevailing Wage Rates are as fully a part of the Agreement as if hereto attached or herein repeated.
2.2 The work to be performed under this Agreement shall conform to the plans entitled "SCAG Local Demonstration Initiative Project- Rockwood Avenue", incorporated herein as fully a part of this Agreement as if hereto attached or herein repeated.
3. Time for Completion
The work shall be commenced on the date stated in Notice to Proceed, and shall be completed within the allotted working days after the date stated in such Notice.
4. Compensation
4.1 City will pay the CONTRACTOR forthe performance of this Agreement according to the terms and conditions contained in the Project's Invitation for Bids and Proposal or bid submittal by CONTRACTOR. CONTRACTOR will take full payment in accordance with the following item prices incorporated as part of the proposal or bid submitted by CONTRACTOR.
4.2 CONTRACTOR agrees to receive and accept said compensation as full payment for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by CITY and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work in the manner and according to the plans and specification, and the requirements of the CITY Engineer. 47 This provision in no way limits the CONTRACTOR's duties under other provisions herein.
5. Industry Standards
The CONTRACTOR agrees that his performance, and that of its employees or subcontractors, under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent contractor using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field in the State of California. Where approval by the CITY, the CITY Manager, or other representatives of the CITY is required, it is understood to be general approval only and does not relieve the CONTRACTOR of responsibility for complying with all applicable laws, codes and quality construction and business practices.
6. Insurance
The CONTRACTOR shall not begin performing under this Agreement until it has: (a) obtained insurance certificates reflecting evidence of all insurance required herein; however, the CITY reserves the right to request, and the CONTRACTOR shall submit, copies of any policy upon reasonable request by the CITY; (b) obtained CITY approval of each company or companies as required herein; and (c) confirmed that all policies contain the specific provisions required herein.
Further the CONTRACTOR shall not modify any policy or endorsement thereto which increases the CITY'S exposure to loss for the duration of this Agreement.
6.1 Types of Insurance.
At all times during the term of this Agreement, CONTRACTOR shall maintain insurance coverage as follows:
6.1.1 Commercial General Liability
For all of the CONTRACTOR's operations, including contractual, broad form property damage, completed operations, and independent CONTRACTOR's liability, the CONTRACTOR shall keep in full force and effect, during any and all work on this Project, all applicable insurance to cover personal injury, bodily injury and property damage, providing coverage to a combined single limit of $1,000,000 per occurrence, subject to an annual aggregate of $2,000,000 for general liability, completed operations and personal injury other than bodily injury. Agreementual liability shall include coverage of tort liability of another party to pay for bodily injury or property damage to a third person or organization. Agreementual liability limitation endorsement is not acceptable.
6.1.2 Commercial Automobile Liability
For all the CONTRACTOR's automobiles including owned, hired and non-owned automobiles, the CONTRACTOR shall keep in full force and effect, automobile insurance for bodily injury and property damage providing coverage to a combined single limit of $1,000,000 per occurrence.
Insurance certificate shall reflect coverage for any automobile [any auto]. The CITY shall be named as an additional insured, but only for liability arising out of the use of CONTRACTOR's automobiles and only arising out ofthe performance of this Agreement.
6.1.3 Worker's Compensation
48 For all of the CONTRACTOR's employees who are subject to this Agreement and to the extent required by the State of California, the CONTRACTOR shall keep in full force and effect, a workers compensation policy. That policy shall provide a minimum of $1,000,000 of employees liability coverage and the CONTRACTOR shall provide and endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
6.2 Rating Requirements
All bonds used to guarantee work and performance under this Agreement and all insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that have been at least and "A" or "A-" and "V" rating by AM BEST, that are licensed and approved by the State to do business in the State of California, and that have been approved by the CITY.
6.3 Deductibles
All deductibles on any policy shall be the responsibility of the CONTRACTOR.
6.4 Specific Provisions Required
Each policy required under Section 6 herein, shall expressly provide, and an endorsement shall be submitted to the City, that:
6.4.1 Except as to Workers Compensation, the City of Calexico and its respective elected officials, officers, employees, agents, and representatives shall be named as additional insureds. The CITY's Additional Insured status must be reflected on additional insured endorsement which shall be submitted to the CITY.
6.4.2 The policies are primary and any insurance that may be carried by the CITY is noncontributing, as reflected in an endorsement which shall be submitted to the CITY.
6.4.3 The policies cannot be canceled, non renewed or materially changed except after thirty calendar days prior written notice by the CONTRACTOR to the CITY by certified mail, as reflected in an endorsement which shall be submitted to the CITY except for non-payment of premium, in which case ten {10) days notice will be provided.
6.4.4 Before performing under this Agreement, the CONTRACTOR shall provide the CITY with all Certificates of Insurance accompanied with all endorsements.
6.4.5 The CONTRACTOR may obtain additional insurance not required by this Agreement.
7. Agreementor Compliance with Labor Code
CONTRACTOR certifies that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self insurance in accordance with the provisions of that Code, and will comply with such provisions 49 before commencing the performance of the work of this Agreement.
8. Control of Agreement
The improvement contemplated in the performance of this contract is a project over which the City of Calexico shall exercise general supervision. The CITY therefore shall have the right to assume full and direct control over this contract whenever the CITY, at its sole discretion, shall determine that its responsibility to the State of California so requires.
9. Conflicting Terms
If an apparent conflict or inconsistency exists between the main body of this Agreement and the bid, proposal or other incorporated document, the main body of this Agreement shall control. If a conflict exists between applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirements shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
10. Indemnification and Hold Harmless Agreement
10.1 With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees (for attorney of CITY's choosing), or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the CONTRACTOR, or the CONTRACTORS's employees, agents, and officers, arising out of any services performed involving this project, the CONTRACTOR agrees to defend, indemnify, protect, and hold harmless the CITY, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the CITY, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the CONTRCTOR, its employees, agents or officers, or any third party. The CONTRACTOR's duty to defend, indemnity, protect and hold harmless shall not include any claims or liabilities arising from the soles negligence or sole willful misconduct of the CITY, its agent, officers or employees. This section in no way alters, affects or modifies any of CONTRACTOR's other obligations and duties herein.
10.2 The CONTRACTOR agrees to pay any and all costs the CITY incurs enforcing the indemnity and defense provisions herein.
11. Notices
In all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is deposited in the United States mail, postage paid. Proper notice shall be effective on the date it is mailed, unless provided otherwise in this Agreement. For the purpose of this Agreement, unless otherwise agreed in writing, notice to the parties herein shall be addressed as follows:
CITY CONTRACTOR:
50 City of Calexico
Public Works Department
608 Heber Avenue
Calexico, CA 92231
12. Non~Assignment
The CONTRACTOR shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the CITY's prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the CITY. In no event shall any putative assignment create a contractual relationship between the CITY and any putative assignee.
13. Independent Agreementors
The CONTRACTOR and any SUBCONTRCTORS employed by the CONTRACTOR shall be independent contractors and not agents ofthe CITY.
14. Compliance with Controlling Law
The CONTRACTOR shall comply with all laws, ordinances, regulations, and policies of the federal, state and local governments applicable to this Agreement, including California Labor Code section 1720 relating to the payment of prevailing wages, including inspection and land surveying work.
In addition, the CONTRACTOR shall comply immediately with all directives issues by the CITY or its authorized representatives under authority of any laws, statures, ordinances, rules or regulations.
The laws of the State of California shall govern and control the terms and conditions of this Agreement.
Pursuant to the Labor Code of the State of California, or local laws applicable thereto, the CITY has ascertained that the CONTRACTOR shall be responsible for paying prevailing wages as established by the State of California, Director of Industrial Relations. Under Section 1776 ofthe State Labor Code, the CONTRACTOR, and all subcontractors, are required to keep accurate payroll records.
This Section specifies the content thereof, inspection and duplication procedures, and certain notices required of the CONTRACTOR pertaining to their location.
Whenever the CONTRACTOR or any representative, agent or employee Of CONTRACTOR performing a public works project is found by the Department of Industrial Relations ("DIR") or the CITY to be in violation of the prevailing wage requirements imposed by law, the CONTRACTOR shall indemnify and hold CITY harmless from any and all liability arising from such violation, including any and all liability imposed on the City. The CONTRACTOR's duty to indemnify the CITY pursuant to this section shall include any and all costs and expenses incurred by the CITY therefrom, including but not limited to any penalties imposed on the CITY by DIR or any other state agency and reasonable attorney's fees.
Nothing in this section shall be construed to limit, alter or amend the CONTRACTOR's duty to indemnify under any other provisions of this Agreement. 51 15. Jurisdiction and Venue
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of the Imperial, State of California.
16. Integration
This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both parties or an amendment to this Agreement agreed to both Parties. All prior negotiations and agreements are merged into this Agreement.
17. Counterparts
This Agreement may be executed in counterparts, which when taken together shall constitute a single.signed original as though all parties had executed the same page.
18. No Waiver
No failure of either the Cl1Y or the CONTRACTOR to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach or such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.
19. Severability
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 52 IN WITNESS WHEREOF, the parties hereto through their agent duly authorized, have executed this Agreement as of the day and year first above written.
ATTEST:
GABRIELA GARCIA
City Clerk of the City of Calexico
CONTRACTOR
By:,~---------~
Signature
Printed Name and Title
Licensed in accordance with an act
Providing for the registration of contractors,
License No. -------
APPROVED AS TO FORM AND EXECUTION
CARLOS CAMPOS
City Attorney
Date
END OF AGREEMENT
53 ESPERANZA COLIO WARREN
City Manager of the City of Calexico
Date
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS:
The City Council of the City of Calexico, State of California has awarded a contract to __________________ herein after designated as the Principal, for the acquisition, construction and completion of a public improvement more particularly described in said contract; and
WHEREAS, said Principal is required under the terms of the contract to furnish a bond for the faithful performance of said contract;
NOW, THEREFORE, we the Principal and the surety
company authorized to do a surety business in the State of California as surety, are held and firmly bound unto the City of Calexico hereinafter called the City in the penal sum of ------------------lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors and administrators and successors, jointly and severely, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that ifthe above bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the mannertherein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, said City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
IN WITNESS WHEREOF, the said Principal has caused this bond to be executed by his signature attached hereto, and the surety has caused this contract to be executed on this behalf by its duly authorized Attorney in Fact on this day of , 2022.
PRINCIPAL
SURETY
ATTORNEY IN FACT
END OF FAITHFUL PERFORMANCE BOND
54 LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS:
The City Council of the City of Calexico, California has awarded to hereinafter designated as the Principal, the
contract for the acquisition, construction and completion of a public improvement more particularly described in said contract, and;
WHEREAS, said Principal is required to furnish a bond in connection with said contract providing that if said Principal, or any of his or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety of this bond will pay the same to the extent hereinafter set forth; NOW, THEREFORE, we the Principal and------------------- -------------------~Surety Company authorized to do business in the State of California, as surety, are held and firmly bound unto the City of Calexico, hereinafter called the City in a penal sum of
_____________ Dollars($ ) lawful money ofthe United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors and administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors and assigns shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, on, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, as required by the provisions of the laws of the State of California, to secure the payment of claims of persons employed by Contractors upon public works, and the claim of persons who furnish material and supplies therefore, then such surety will pay the same in or to an amount not exceeding the amount herein above set forth, and also will pay in case suit is brought upon this bond, a reasonable attorney fee as fixed by court.
IN WITNESS WHEREOF, the Principal has caused this bond to be executed by his signature affixed thereto and the Surety has caused this contract to be executed by its duly authorized Attorney in Fact, on this day of , 2022.
PRINCIPAL
SURETY
BY ___________ _
ATIORNEY IN FACT
END OF LABOR AND MATERIAL BOND
55 WORKMEN'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
Date
I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workmen's Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Contractor's Name
Contractor's Signature
Title
ATIEST:
By
Signature
Title
END OF WORKMEN'S COMPENSATION INSURANCE CERTIFICATE
56 SUBCONTRACTORS LISTING
As required by Section 4100 of the Public Contract Code of the State of California, Contractor shall comply with the "Subletting and Subcontracting Fair Practices Act" of the State of California, and shall list all subcontractors required to be listed thereby.
PORTION OF WORK NAME DIR NUMBER PLACE OF BUSINESS
ADDRESS/TELEPHONE No.
* D No subcontractor will be used for this project.
Date Contractor's Name
Contractor's Signature
Title
*Indicate~ if no subcontractor will be used.
END OF SUBCONTRACTORS LISTING
57 NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
County of Imperial } ss
------------~ being first duly sworn, deposes and says that he or she is __________ of the party makingthe foregoing bid
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; and that all statements contained in the bid are true; and further, that the bidder has not directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Date: ___________ _
Contractor's Name
Contractor's Signature
Title
END OF NONCOLLUSION AFFIDAVIT
58 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder ___________________________ _,
proposed subcontractor hereby
certifies that he has_____,
has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-l.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EE0-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
Date: ___________ _
Contractor's Name
Contractor's Signature
Title
END OF EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
59 DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
Date: ___________ _
Contractor's Name
Contractor's Signature
Title
END OF DEBARMENT AND SUSPENSION CERTIFICATION
60 DRUG/ALCOHOL TESTING REQUIREMENTS
The Contractor shall execute the following form as required by the Federal Drug and Alcohol, Section 49 CFR Part 382.
I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.
Contractor certifies compliance with the City of Calexico's Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. Section 701 et seq.) In addition, Contractor agrees to submit a copy of its own drug free workplace policy.
Contractor's Name
Contractor's Signature
Title
END OF DRUG/ALCOHOL TESTING REQUIREMENTS
61 NONLOBBVING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(I) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also 1agrees by submitting his or her bid or proposal that he or she shall require that the language ofthis certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.
Contractor's Name
Contractor's Signature
Title
62 CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION
Name of Corporation or Partnership _____________________ _ State oflncorporation __________________________ _
List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
Date ------------- Contractor ___________ _
Signature __________ _ Title --------------
ATIEST:
Signature by
Title
END OF CORPORATE CERTIFICATION
63 CONTRACTOR'S CERTIFICATION OF QUALIFICATION FOR LICENSE CLASSIFICATION After award of the contract, the Contractor, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:
1. If an individual, I hereby certify that I am, or my responsible managing employee ___________ (insert name) is, qualified for the license classification called for in these contract documents.
2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner (insert name), or responsible
managing employee (insert name), is
qualified for the license classification called for in these contract documents.
3. If a corporation, or any other combination or organization, the responsible managing officer (insert name), or a responsible managing
employee (insert name), is qualified for the
license classification called for in these contract documents.
If the individual who qualifies the Contractor for the license classification called for in these contract documents changes during the progress of the work, then Contractor shall, within seven (7) days of any such change, notify the General Services Director in writing of such change, including the name, license number and status ofthe individual.
For. the purpose ofthis Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the Contractor and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the Contractor under California law.
DATED: ________ _ CONTRACTOR: _____________ _
SIGNATURE: ____________ TITLE: ___________ _
ATIEST:
SIGNATURE BY: ________________ _
TITLE: ____________________ _
END OF CONTRACTOR'S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION
64 TECHNICAL SPECIFICATIONS
1. ORDER OF WORK
Prior to commencement of any work on the project, a preconstruction conference will be held for the purpose of review and discussion of progress schedule and construction procedures. At the discretion of the General Services Director, periodic meetings involving project personnel (Contractor, utility and others) will be held for the purpose of coordinating project activities.
2. STARTING AND COMPLETION OF WORK
The work called for in these contract documents shall commence within (10) calendar days after that date set out in the Notice-to-Proceed issued by the City. The project shall be completed within 30 calendar days from date of contract award.
3. FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES
(See General Conditions 1-19) It is agreed by the parties of the contract that in case of all work called for under the contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damages will be sustained by the City of Calexico and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the contractor will pay to the City of Calexico the sum of five hundred dollars ($500.00) per day for each and every day's delay beyond the time prescribed to complete the work.
4. NOTICE AND POSTING REQUIREMENTS
The Contractor shall post and remove temporary "No Parking" signs as needed. Signs shall be in place for at least 48 hours in advance of commencing of work. Signs may be attached to existing poles, parkway trees, or any available support that may exist in the public right-of-way or the contractor may furnish sign supports as may be necessary.
Multiple notices shall be delivered and hung on door handles of each residence and to each business affected by the construction. The format and content of the notices shall be submitted to the Engineer for approval at least 2 weeks prior to use. Notices will be required as follows:
l)A general notice in all cases will be required 2 weeks in advance of work, describing the sequence of activities that will affect parking and access to properties, to be delivered 2 weeks prior to construction. This notice will generally addressing parking and access for street work with further details to follow on subsequent notices, except detailed information will be required in this first notice to explain the leveling course portion of the work.
5. CONSTRUCTION AREA SIGNS
The Contractor shall furnish, install, maintain, and remove all construction area signs in conformance with Section 3-11 of the Standard Specifications. Contractor shall coordinate with the City on the specifics of the construction area signs prior to starting construction.
6. COOPERATION
Attention is directed to Section 2-4, "Cooperation and Collateral Work" of the Standards Specifications.
7. SANITARY ARRANGEMENTS
65 The Contractor shall make provisions for and maintain in a sanitary manner at the work site all necessary and sanitary conveniences for the workmen, in accordance with the rules and regulations of the State Board of Health.
8. ACCESS
The Contractor's attention is directed to the existing pedestrian and vehicular access ways crossing the lines of work. These access ways shall not be closed unless an alternate access way is provided. The Contractor shall assume full responsibility for providing alternate access. The compensation for the work in this item shall be considered as included in the cost of the various contract items of work and additional compensation will be made therefore.
9. INSURANCE
The Contractor's attention is directed to the amount of insurance as shown in the General Conditions 1-48.
10. WARRANTY
The Contractor shall warranty the workmanship for a period of 365 days, and shall repair defects identified during the warranty period, in conformance with these special provisions. The warranty period shall start upon acceptance of completion.
During the warranty period, should an area be found to be defective, the Engineer will notify the Contractor in writing of the areas to be repaired. The Contractor shall complete the repairs within 60 days from the date of the notification letter, unless the Engineer determines that weather conditions are unsuitable, in conformance with the provisions in Section 6-4, "Delays and Extensions ofTime," of the Standard Specifications, for completing the repair work, in which case the Engineer will allow additional time for completion of the repairs.
The Engineer shall decide all questions which arise as to the performance during the warranty period and as to the acceptable fulfillment of the warranty.
11. CONSTRUCTION CONFERENCE
The Contractor's attention is directed to the preconstruction conference as stated in General Conditions 1-54.
12. CONTRACT DOCUMENTS
The contract documents as referred to herein shall mean and include all of the following documents:
a. Notice Inviting Bids/ Advertisement
b. Instructions to bidders
c. Proposal/Bid Form, Proposal Agreement and Bid Bond
66 d. General Conditions
e. Special Provisions and Scope of Work
f. Agreement, Faithful Performance and Labor and Material Bonds g. Worker's Compensation Certificate, Drug/Alcohol Testing Requirements h. Subcontractor's Listing, Products Listing
i. Non-collusion Affidavit
j. Corporation Certificate/Partnership Information
k. Approved Bid Addendum, Change Orders and Submittals
I. Certification of Qualifications for License Classification
13. IMPROVEMENTS
a. MOBILIZATION (Bid ltem-1)
Mobilization shall be in accordance with Section 7-3.4 "Mobilization", of the Standard Specifications.
Mobilization shall consist of preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, as well as the related demobilization costs anticipated at the completion of the project.
The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in Mobilization.
No additional compensation will be allowed for additional mobilizations required, including but not limited to, delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations.
The amount credited for Mobilization on each monthly progress payment shall be based upon the percentage of the total of the amounts credited for work on all the other contract items for that monthly progress payment, up to a cumulative limit of eighty (80) percent of the contract item price for Mobilization. The remaining twenty (20) percent of the contract item price for Mobilization shall be paid with the final progress payment.
The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization.
Payment for mobilization will be measured by Lump Sum as specified on the bid schedule and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary as specified in the Contract Documents and Specifications, Standard Drawings, supplemental details, these Special provisions, and as directed by the Engineer or his appointed designee. b. TRAFFIC CONTROL (Bid ltem-2)
67 Traffic Control shall be in accordance with Section 601 "Temporary Traffic Control for Construction and Maintenance Work Zones", of the Standard Specifications.
The Contractor shall maintain two way traffic in the work area in accordance with the "California Manual on Uniform Traffic Controls Devices" (CAMUTCD), latest edition, available through the State of California, Department of Transportation, 1900 Royal Oaks Drive, Sacramento, California 95815.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time, including any section closed to public traffic.
The contractor shall make every effort to keep driveways open during working hours.
After work hours, all driveways shall be accessible and safe.
The contractor shall keep a minimum of two (2) lanes open all day and during construction. Traffic control plans shall be submitted by the contactor and approved by the engineer and/or the city. Contractor shall keep entrances to businesses open all day and during construction. After work hours, all driveways and travel lanes shall be accessible and safe
In the event of conflict, the order of precedence shall be as follows:
1. Special Provisions
2. Traffic Control Plans
3. California Manual on Uniform Traffic Control Devices (FHWA's MUTCD Latest edition as amended for use in California), Part 6, Temporary Traffic Control, and Caltrans, Latest edition.
4. Work Area Traffic Control Handbook. (WATCH)
5. Standard Specifications
Traffic Control shall be in accordance with the following Special Provisions:
a. All streets shall remain open to through traffic at all times except when street closure is approved by the Engineer. The Contractor shall make provisions to allow local traffic access to the closed streets. The local traffic consists of, but is not limited to, residences, church congregations, farmers, post offices, meter readers, trash pickup, school buses, and emergency vehicles. The Contractor shall provide a smooth travel way and either a flagger and/or signing to direct traffic.
b. The Contractor shall be responsible for the preparation of Traffic Control Plans as necessary for the work. The Traffic Control Plans shall be signed and stamped by a California Registered Traffic Engineer and transmitted to the City for approval no later than fourteen (14) calendar days prior to the scheduled commencement of work. Comments and corrections shall be returned to the Contractor within five (5) working days. The Traffic Control Plans shall conform to the requirements listed in these Technical Provisions; California MUTCD Part 6, Temporary Traffic Control; the Work Area Traffic Control Handbook; and the 68 \
Standard Specifications.
c. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, delineators, flashing warning lights, barricades, high level warning devices (telescoping flag trees), flags, signs, markers, portable barriers, temporary railing (Type-K), temporary fencing, flashing arrow signs, changeable message sign, markings, and flagging equipment shall be provided and maintained in "like new'' condition. d. The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, including holidays, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of Notice to Proceed to the completion and acceptance of the work.
e. High-level warning devices (telescoping flag trees) are required at all times for work being performed within the roadway unless otherwise specifically approved by the Engineer.
f. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than 711 mm (28 in) in height, except that shorter cones, 305 mm (12 in) minimum height, may be permitted during striping maintenance operations where the only function of the cone is to protect the wet paint from the traffic.
The entire area of orange and white stripes for barricades shall be Type I, engineering grade, or Type II, super engineering grade, retro-reflective sheeting conforming to the requirements of ASTM Designation: D 4956-95. g. Type Ill barricades, no less than 1.83 m (6 ft) in length and equipped with two (2) Type "N" markers each and two (2) portable flashing beacons each, shall be used to close streets, except as otherwise specifically approved by the Engineer for minor maintenance work of no more than one (1) working day's duration, on weekdays, or on holidays only, and limited to the hours between 8:30 a.m. and 3:30 p.m. Said barricades shall be placed across the full roadway at each point of closure with the distance between barricades, or between barricades and curbs, not exceeding 914 mm (3 ft) except that one (1) 3.3 m (11 ft) wide gap between barricades shall be provided at the center of the street. Barricades to the right of the street's center, facing the inbound vehicular traffic, shall also be equipped with one (1) Rll-2, "Road Closed" sign, one (1) Rll-4, "Road Closed to Thru Traffic," sign, and a Type P warning sign.
h. Channelizers shall be surface mounted type and shall be furnished, placed and maintained atthe locations shown on the Plans or as approved by the Engineer, and shall conform to the provisions in Section 12-3.07, "Channelizers," of the 69 State of California Standard Specifications, Latest Edition, and these Special Provisions.
When no longer required for the work as determined by the Engineer, channelizers (except channelizers to be left in place), and underlying adhesive used to cement the channelizer bases to the pavement, shall be removed.
Removed channelizers and adhesive shall become the property of the Contractor and shall be removed from the site of work.
i. Reflectorized (both sides) temporary self-adhesive markers, 100 mm (4 in) wide, shall be applied to unstriped pavement surface before opening the travel way to public traffic. Reflectorized temporary yellow markers shall be used for to delineate the centerline to separate opposing traffic. Reflectorized temporary white markers shall be used to delineate lanes of travel and placed in 600 mm (24 in) intervals transverse to the road to delineate stop bars and limit lines.
The reflectorized temporary markers shall be removed the same day the first coat of striping has been placed on the pavement. The removal of the markers shall be done such a way that the pavement is not damaged. j. Except as otherwise approved by the Engineer, two-way vehicular traffic shall be maintained at all times within two (2) 3.3 m (11 ft) wide lanes on streets having an effective roadway width of 13.4 m (44 ft) or more with restricted parking.
Other streets of lesser widths may be reduced to one (1) 3.6 m (12 ft) wide lane with work activity being limited to one side at a time, and the one-way vehicular traffic being maintained at all times by properly trained and experienced flaggers. All lane closures shall have flashing arrow signs to provide additional, high level, advanced warning.
No reduction of the traveled way width shall be permitted on any City street before 8:30 a.m. nor after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless otherwise approved by the Engineer. k. Properly trained and experienced flaggers shall be provided to direct traffic when said traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at other such times as is necessary to safely pass traffic through or around the work area and when so directed by the Engineer.
I. Vehicular access to occupied residential property may be restricted on weekdays, other than holidays, between the hours of 8:30 a.m. and 3:30 p.m. while essential work activity is taking place only upon approval by the Engineer and providing the Contractor gives the property owner or resident at least fortyeight (48) hour advance written and oral notice.
Convenient and safe pedestrian access to schools, churches, occupied residential and business property shall be maintained at all times. Access to mailboxes shall be maintained at all times such that the postal delivery service is not interrupted. Trash pick-up services shall not be interrupted. Access to vacant and unused property may be restricted when approved by the Engineer. Both 70 vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer. m. Vehicular access to business, school and church driveways shall be maintained at all times during construction.
n. Traffic control and safety devices and equipment being used that becomes damaged, destroyed, faded, graffitied, encrusted, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired, refurbished, or replaced.
Traffic control and safety devices and equipment being used, that are displaced or not in an upright position from any cause, shall be promptly returned or restored to their proper position.
o. An unobstructed view of all signs and warning devices including, but not limited to, stop signs, stop ahead signs, street name signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. All speed limit signs shall be black on white with signs at either end of the project notifying the motoring public that fines are doubled in construction zones. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers and devices from the view of the vehicular and pedestrian traffic to which it applies. p. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections. q. Stockpiling or storage of materials on any public right-of-way or parking area will not be allowed without the specific written permission of the Engineer.
Materials spilled along or on said right-of-way or parking area shall be removed completely and promptly. All stockpile and storage areas shall be maintained in a safe, neat, clean, and orderly condition, and shall be restored to equal or better than original condition upon completion of the work. r. On projects involving work on, closure of, or partial closure of existing streets, and where vehicular access to the abutting property must be restricted, the work shall be so selected, arranged and scheduled that the person(s) requiring access to said abutting property and residents along said streets affected will be able to park within a reasonable distance of not more than 150m (500') from their homes or destination. In addition, no two adjoining streets shall be closed at the same time, except as otherwise approved by the Engineer. Residents must be given written notice of such restrictions a minimum of 48 hours in advance.
s. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, "NO PARKING" signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street, except as otherwise approved by the Engineer.
71 t. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the City reserves the right to correct or mitigate any situation, that in the sole opinion of the Engineer, constitutes a serious deficiency or serious case of noncompliance, by any means at its disposal at the Contractor's or permittee's expense, and shall deduct the cost therefore from the Contractor's progress or final payments. Such corrective action taken by the City shall not reduce or abrogate the Contractor's legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liabilities from the Contractor to the City or the City's agents.
u. Violations of any of the above Provisions or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the Engineer, shall, at the sole discretion of the City, be grounds for termination of the Contract, or shut down or partial shutdown of the work, without compensation to the Contractor or permittee, or liability to the City, all as prescribed by contractual obligation or State law, whichever is applicable.
The Contract lump sum price paid for Traffic Control shall include full compensation for, but not limited to, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment, traffic control plans and revisions, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control including lights, channelizers (surface mounted), temporary railing (Type K) markers, delineators, temporary striping and pavement marking, barricades, portable flashing beacons, flashing arrow signs, portable changeable message signs, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer.
Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset in the project shall be considered as included in the Contract lump sum price paid for the traffic control system and no additional compensation will be allowed therefore.
Partial payment for traffic control shall be based on the percentage of total value of work completed on the other items listed under each schedule as of each progress pay estimate.
c. SIGNING AND STRIPING (Bid ltem-3)
Installation and removal of traffic striping, marking, pavement markers and signing shall conform to the 2018 Caltrans' Standard Plans and Standard Specifications. All materials required for the completion of work as shown on the Plans shall be provided to the Contractor by the City.
• All sign installations shall have a minimum vertical clearance of 7 ft from the bottom of the sign to grade and a minimum horizontal clearance of 2 ft from face of curb to edge of signpost. There must be a minimum 4-ft clearance from 72 sign post to the back edge of the sidewalk for wheelchair access or as specified by resident engineer. When there is no sidewalk, curb and gutter, the horizontal clearance shall be 6 - 8 ft from edge of pavement. The Contractor shall replace existing sign post if the minimum vertical clearance of the signs cannot be achieved.
• Except for stop signs, any warning or regulatory sign with a 3-ft maximum width shall be mounted on street lights whenever possible.
• All signs shall be installed with washers larger than the head of the drive rivet or bolt {fender washers preferred).
• Installation according to these requirements is essential to maintain the break· away characteristics of the post system. Under no circumstances shall the anchor assembly be secured in concrete footings.
• Any sign measuring 36 inches or larger, except stop signs, must have approved strapping or back braces installed. Any deviation shall be approved by the Engineer.
• All signs shall be installed before the roadway is open to traffic. • However, those signs that are not applicable at the time of opening shall be covered until such time when they become valid.
• Existing traffic signs and posts that do not conform to the approved Plans shall be removed by the Contractor. All signs and posts removed shall become property of the Contractor. Any holes left in the existing sidewalk as a result of post removal shall be filled by the Contractor with a Por-Rock concrete mix or equal to a point flush with the existing sidewalk.
• All signs and posts shall be new unless specified to be reused. Any damaged existing signs or signposts that are denoted as being relocated on the Plans shall be replaced with new materials, as directed by the Engineer. • All work necessary to establish satisfactory alignment for stripes and all layout work required for pavement markings shall be performed by the Contractor with any device or method that will not damage the pavement nor conflict with other traffic control devices.
• The Contractor shall take special care to protect existing reflective pavement markers and shall, at the Contractor's expense, replace all coated markers. • Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the paint is thoroughly dry. • Traffic stripes and pavement markings shall conform to the dimensions and details shown on the plans.
• Completed traffic stripes shall have clean and well defined edges without 73 running or deformation, shall be uniform, shall be straight on tangent alignment and shall be on a true arc on curved alignment. The widths of completed traffic stripes shall not deviate more than 1/4 inch on tangent nor more than 1/2 inch on curves from the widths shown on the plans. Broken traffic stripes shall also conform to the following requirements:
o The lengths of the gaps and individual stripes that form broken traffic stripes shall not deviate more than 2 inches from the lengths shown on the plans.
o The lengths of the gaps and individual stripes shall be of such uniformity throughout the entire length of each broken traffic stripe that a normal striping machine will be able to repeat the pattern and superimpose additional stripes upon the traffic stripe being applied.
• The completed pavement markings shall have clean and well defined edges without running or deformation and shall conform to the dimensions shown on the plans, except that minor variations may be accepted by the Engineer. • Drips, overspray, improper markings and paint and thermoplastic material tracked by traffic shall be immediately removed from the pavement surface by methods approved by the Engineer. All this removal work shall be at the Contractor's expense
• Mechanical mixers shall be used to mix paint. Prior to applying, the paint shall be mixed a sufficient length of time to thoroughly mix the pigment and vehicle together, and shall be kept thoroughly agitated during its application. • Mechanical means shall be used to paint traffic stripes and pavement markings and to apply the glass beads for traffic stripes.
• Equipment used in the application of traffic stripes and pavement markings shall produce stripes and pavement markings of uniform quality that conform to the specified requirements.
• Stencils and hand spray equipment shall be used to paint pavement markings.
Stencils shall conform to the dimensions shown on the plans. • The striping machine shall be capable of accurately superimposing succeeding coats of traffic paint upon the first coat and upon existing stripes at a speed of at least 5 miles per hour.
• The striping machine shall consist of a rubber tired vehicle that is maneuverable to the extent that straight lines can be followed and normal curves can be made in true arcs. It shall be capable of applying traffic paints and glass beads at the rates specified. The striping machine shall be equipped with the following: (a) a pointer or sighting device not less than 5 feet long and extending from the front of the machine; (b) a pointer or sighting device extending from the side of the machine to gauge the distance from the centerline for painting shou Ider stripes; 74 (c) <1 positive <1cting cutoff device to prevent depositing paint in gaps of broken stripes; (d) shields or an adjustable air curtain for line control; (e) pressure regulators and gages (if pneumatically operated) that are in full view of the operator; (f) a paint strainer in the paint supply line; (g) a paint storage tank with a mechanical agitator that operates continuously during painting operations; (h) a glass bead dispenser located behind the paint applicator nozzle and which is controlled simultaneously with the paint applicator nozzle; and (i) calibrated rods for measuring the volumes of paint and glass beads in the paint and glass bead tanks.
• Spray equipment shall be of a proper type and of adequate capacity for the work. Air atomized spray equipment shall be equipped with oil and water extractors and pressure regulators and shall have adequate air volume and compressor recovery capacity. Spray gun tip needle assemblies and orifices shall be of the proper sizes.
• Attention is directed to Caltrans Specifications Section S 1.11, "Alternative Equipment," of these specifications.
• Where the configuration or location of a traffic stripe is such that the use of a striping machine is unsuitable, traffic paint and glass beads may be applied by other methods and equipment approved by the Engineer. The Engineer will determine ifthe striping machine is unsuitable for a particular use. • Traffic stripes and pavement markings shall be applied only on dry surfaces and only during periods of favorable weather. Painting shall not be performed when the atmospheric temperature is below 40° F when using acetone based paint or below so· F when using waterborne paint; when freshly painted surfaces may become damaged by rain, fog, or condensation; nor when it can be anticipated that the atmospheric temperature will drop below the aforementioned 40° For S0° F temperatures during the drying period.
• Surfaces which are to receive traffic stripes and pavement markings shall be cleaned of all dirt and loose material.
• A one coat 3 inch wide black stripe shall be painted between the two 4 inch wide yellow stripes of a double traffic stripe. If the two 4 inch wide yellow stripes are to be applied in 2 coats, the black stripe shall be applied concurrently with the second coat of yellow stripes.
• On new surfacing, pavement markings and traffic stripes (except the black stripe between the yellow stripes of a double traffic stripe) shall be applied in 2 coats unless otherwise shown on the plans. The first coat of paint shall be dry before application of the second coat.
• On 2 lane highways, when the first coat of the centerline stripe is applied in the same direction as the post miles increase, the right hand spray gun of the 3 spray guns used to apply double yellow stripe shall be used to apply a single yellow stripe. When the first coat of the centerline stripe is applied in the same 75 direction as the post miles decrease, the left hand spray gun of the 3 spray guns used to apply double yellow stripe shall be used to apply a single yellow stripe.
The second coat of centerline striping shall be applied in the opposite direction that the first coat was applied.
• On existing surfacing, pavement markings and traffic stripes shall be applied in one coat.
• Each coat of paint for any traffic stripe, including glass beads where required, shall be applied in one pass of the striping machine, regardless of the number, widths and patterns of individual stripes involved.
• Paint to be applied in one coat shall be applied at an approximate rate of one gallon per 107 square feet.
• Paint to be applied in 2 coats shall be applied approximately as follows:
Square Foot Coverage
Per Gallon
Paint Type First Coat Second Coat
Waterborne 215 215
Paint
Acetone-Based 360 150
Paint
• Apply glass beads at an approximate rate of 5 lb/gal of paint • The exact rate of paint to be applied will be determined by the Engineer. The volume of paint applied shall be measured by stabbing the paint tank with a calibrated rod. At the option of the Engineer, if the striping machine is provided with paint gages, the volume of paint may be determined by using the gages. • Unless otherwise directed by the Engineer, glass beads shall be uniformly incorporated in all coats of paint concurrently with the application of the paint, except that glass beads shall not be applied to black paint. Beads shall be embedded in the coat of traffic paint being applied to a depth of one-half their diameter.
• Glass beads shall be applied at an approximate rate of 5 pounds per gallon of paint. The exact rate will be determined by the Engineer. The amount of glass beads applied shall be measured by stabbing the glass bead tank with a calibrated rod.
76 Removed signs shall be salvaged and returned to the City.
Payment for signing and striping will be at the unit price per lump sum and shall include all labor, tools and equipment necessary to complete the work as described above.
d. INSTALL TYPE Ill BARRICADE (Bid ltem-4)
Installation of type Ill barricades shall conform to the 2018 Caltrans' Standard Plans and Standard Specifications.
All materials required for the completion of work as shown on the Plans shall be provided to the Contractor by the City.
Payment for install type Ill barricade will be at the unit price per each and shall include all labor, tools and equipment necessary to complete the work as described above. 77 rn
~ z
_J
<
ffi
a:i
C!l
}!
P'
d Id
ii! i iii .. Ii 1q q 11 1111 11 I : , I i.111 ii ii , ••. , Q~a • , • ! I ffi clll;tll!!I~~~ t jl I !It , , , ! 1
<>l•!I'" w .. • •• II :..J.: fl "' .. od
rl N
/?.\ .
v
~
• _j - - --r--~ .J--.-"'"f----1,., #--HI-
~Hn~...;::;,.i:;;:,....J...l';nf'-'' ""'~~~"""
' ~'
,............_,
"LI-~
-
~-,~ ='
~
- 0 -
-
f •
I
-1<1--~---'il&'-~~-.,.-11t-~
0 0
0 "' " 0
0 fr'.
i "'
~ I
C'J N
~
~q~
~I ~I i"' IJ:! ~
~
~ii
~;1 S·
EXHIBIT I
AGENDA STAFF REPORT
DATE: November 2, 2022
TO: Mayor and City Council
APPROVED BY: Esperanza Calio Warren, City Manager
PREPARED BY: Lilliana Falomir, Public Works Manager - Admini SUBJECT: Authorize City Manager to Sign Agreement of Professional Services with SLA Paving, Inc. in the Amount of $51 ,990.00 to Overlay Rockwood Avenue between 1st Street and 2nd
Street.
------------ --------------- ------------------------ --------------------- ---------------- ----------------- ------------- --------- Recommendation:
Authorize City Manager to Sign Agreement of Professional Services with SLA Paving, Inc. in the amount of $51 ,990.00 to overlay Rockwood Avenue between 1st Street and 2nd Street.
Background:
Back in 2018, the Southern California Association of Governments (SCAG) issued a call for grant application under their Sustainable Communities Program - Quick Build Demonstration Project. One (1) of the grant requirements is that SCAG would be the lead applicant and the City of Calexico would be the co-applicant. In addition, the City would need to procure a construction contractor to perform the work. The City went ahead and submitted a grant application for Rockwood Avenue (Downtown) Promenade between 1st Street and 2nd Street. The project will consist of implementation of a Quick Build to test out temporary improvements along Rockwood Avenue between 1st Street and 2nd Street to make it safer and more enjoyable to walk. Improvements will include improved crosswalks and a promenade to increase space for pedestrians on the corridor.
In 2021, SCAG awarded an architectural and engineering consultant agreement to KOA Corporation for our Rockwood Roll-Out Project. Since Dec. 2021 to present the following items have been completed:
• Formation of Community and Technical Advisory Committee • Data collection and existing condition analysis
• Three (3) out of seven (7) community touch points
• Monthly meeting with KOA, City, Bloomberg and Calexico Arts Council, lnc.
AGENDA
ITEM
~
• 60% of the plans for Rockwood Roll-Out Project
• 90% of the plans for Rockwood Roll-Out Project
• Memorandum of Understanding (MOU) between SCAG and City of Calexico Discussion & Analysis:
KOA Corporation has finalized the plans; therefore the next step is to begin the implementation and construction of Rockwood Roll-Out Project. Before we can begin the construction, Rockwood Avenue between 1st Street and 2nd Street needs to be overlay.
The condition of the road is rough and deteriorating. There is a mixture of rutting and alligator cracking (see Attachment No. 5). Due to time constraints of said project, Public Works staff contacted three (3) companies who perform street overlay projects and requested proposals. The following proposals were received:
1. SLA Paving, Inc.
2. Pyramid Construction and Aggregates, Inc.
3. ROVE Engineering, Inc.
$51,990.00
$59,090.00
$63,500.00
Public Works staff has reviewed the proposals and recommends that the City Council of the City of Calexico authorize the City Manager to sign Agreement for Professional Services between the City of Calexico and SLA Paving, Inc. in the amount of $51 ,990.00 to overlay Rockwood Avenue between 1st Street and 2nd Street.
Fiscal Impact:
Fund No. 231 - Measure "D"
Total
Coordinated With:
City Manager's Office.
Public Works Department.
Attachment(s):
1. SLA Paving, Inc. Proposal.
2. Agreement of Professional Services between City of Calexico and SLA Paving, Inc.
3. Pyramid Construction and Aggregates, Inc. Proposal.
4. ROVE Engineering, Inc. Proposal.
5. Rockwood Avenue Aerial Map and Photos.
ATTACHMENT NO. 1
Date:
SLA Paving Inc.
CA License 919453, SB (Micro) Certification ID 2004743
360 Ritter Ct, Imperial, CA 92251 - (760) 353-2635 office - (760) 332-0335 fax slapavinl:(.com
10/17/22 Plans Drawn By:
Submitted To: City of Calexico Plans Dated :
From: Quote Number:
NIA
NIA
6986
Project:
Seth Hoehl (760) 412-0134
Rockwood Street Improvements Job Location: Rockwood & 2nd St.
Proposal
We propose to furnish and install all labor, material and equipment lo perform the following items of work, subject to the tem1s and conditions slated hereon.
It em D escrm ·r 10n A moun t
AREA "A"
Option 1 18,827 SF Grind & Overlay
- Grind along all borders areas as needed to allow for a smooth transition of new to existing surfaces
- Clean asphalt; install SSlH tack oil
- Install asphalt leveling course by filling all cracks and low spots with hot mix asphalt
- Import, install, and compact 1-1.5" of hot mix asphalt TOTAL: $51,990.00
Option 2 18,827 SF Seal Coat
- Clean asphalt
- Seal all cracks using hot pour rubberized crack sealant - Install two coats of GuardTop seal coat
TOTAL: $16 944.00
AREA "B"
Option I 9,243 SF Grind & Overlay
- Grind along all borders areas as needed to allow for a smooth transition of new to existing surfaces
- Clean asphalt; install SSlH tack oil
- Install asphalt leveling course by filling all cracks and low spots with hot mix asphalt
- Import, install, and compact 1-1.5" of hot mix asphalt TOTAL: $25,580.00
Option 2 9,243 SF Seal Coat
- Clean asphalt
- Seal all cracks using hot pour rubberized crack sealant - Install two coats of GuardTop seal coat
TOTAL: $10.851.00
INCLUDES: Prevailing wage r ates; complete coning/taping off of the work area until work is completed; all options arc priced to be completed in one phase/mobilization
EXCLUDES: Striping; testing
.. Terms and Cond1t1ons
1. This proposal shall be considered withdrawn if not accepted within (30) thirty days. Payments due at time services are rendered.
2. Unless expressly provided above, this quotation does not include: (a) permits, including any required fees or bonds; (b) engineering, testing or staking; (c) bond premiums; prevailing wages; adjusting or lifting utilities lo grade.
3. Unless expressly included in above listing of work lo be done, unusual sile conditions such as buried trash, concrete, abandoned utilities, mud, over optimum moisture content; unstable, pumping sub grade etc that were not apparent on the surface, shall be deemed cause for additional compensation, and cessation of work until agreement for same has been reached.
4. If the work provided herein is not commenced within two months of acceptance, SLA Paving Inc. may elect not to be bound lo perform.
5. If suit is commenced to enforce any provision hereof or for damages for breach hereof, the accepting party will pay, in addition, reasonable attorneys' lees and costs, expenses of preparing and prosecuting such suil
6. One week written notice to commence this work provided herein will be given.
7. SLA Paving Inc. is to perform according to lines and grades established by owner or his engineer, and assumes no responsibility for engineering, or drainage.
8. In the event of rescission of this agreement by the accepting party prior to the commencement of work, SLA Paving Inc. will be paid as liquidated damages. On the account of extreme difficulty of ascertainment of aclual damages, the sum will be equal to 20% of the total contract price. In the event of rescission following commencement of work, SLA Paving Inc. will be paid for work done and materials supplied, a percentage of the total contract price in proportion as the amount of such work and materials relates to the total job and also will be paid 20% of a sum computed by subtracting from the total contract price the sum owing for completed work and materials.
9. Owner assumes all responsibility and shaD notify SLA Paving Inc. in writing of the location and depth of all underground utilities.
10. This agreement expresses the entire agreement between the parties. Changes shall be in writing signed by both parties.
11. The above quantities are approximate. Payment will be based on the field measurement at the completion of the project.
12. Proposal is based on plans identified above.
Acceptance of Proposal
Name and Title Company Name
Date Signature
2 ATTACHMENT NO. 2
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 211d day of November, 2022, by and between the City of Calexico ("City") and SLA Paving, Inc. ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the fo llowing services in a professional manner. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than December 31, 2022. Time is of the essence for every provision of this agreement that states a time for performance and for every deadline imposed by the City.
3. Compensation. Compensation to be paid to Consultant shall be as set forth in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other patty. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. 6 Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
7. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by and during this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of infotmation, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of info1mation, advice, recommendation or counsel. (FPPC Reg. I 8700(a)(2).)
8. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
9. Indemnity. Consultant agrees to indemnify, including the cost to defend, the City, and its officers, agents and employees from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its agents in the performance of services under this contract. This indemnity does not apply to liability for damages for death or bodily injury to persons, injury to prope1ty, or other loss, damage or expense arising from the sole negligence, willful misconduct or defects in design by 2 the City or its agents, servants, or independent contractors who are directly responsible to the City, or the active negligence of the City.
To the fullest extent permitted by Jaw, the Consultant shall (1) immediately defend and (2) indemnify the City, and its councilmembers, officers, agents, and employees from and against all liabilities regardless of nature or type that arise out ot: pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. The Consultant's obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified patty. If it is finally adjudicated that liability is caused by the comparative active negligence or willfu l misconduct of an indemnified patty, then Consultant's indemnification obligation shall be reduced in propo1tion to the established comparative liability. (b) The duty to defend is a separate and distinct obligation from Consultant's duty to indemnify. Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its councilmembers, officers, agents, and employees, immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Consultant are responsible for the claim does not relieve Consultant from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant may submit a claim to the City for reimbursement of reasonable attorneys' fees and defense costs in propo1tion to the established comparative liability of the indemnified party. (c) The review, acceptance or approval of the City's work or work product by any indemnified patty shall not affect, relieve or reduce the City's indemnification or defense obligations. This Section survives completion of the services or the termination of this contract.
The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
IO. Insurance Requirements.
a. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her 3 employees in accordance with the Jaws of the State of California. In addition, Consultant shall require each subcontractor to similarly mainta in Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California fo r all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the "Certificate of Exemption from Workers' Compensation Insurance" which is attached hereto as Exhibit C.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($ 1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 111. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1 ,000,000) combined single limit for each occurrence.
iv. Errors and Omissions Liability. Consultant shall maintain errors and omissions liability insurance for all work performed under this Agreement in an amount of not less than one million dollars ($1,000,000). b. Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A: VII and shall be endorsed with the following specific language:
i. The City of Calexico, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
4 ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, offici als, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
v. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thi1ty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Ce1tificates of Insurance and Endorsements. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Ce1tificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 11 . Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
12. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall obtain a City of Calexico Business License.
13. Controlling Law Venue. This Agreement and all matters re lating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state comt in the County of Imperial, California. 5 14. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth herein below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City:
If to Consultant:
City of Calexico, City Manager
608 Heber Ave.
Calexico, CA 92231
SLA Paving, Inc.
360 Ritter Ct.
Imperial, CA 92251
15. Consultant's Books and Records.
a. Consultant 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 for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any Longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 6 16. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
17. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
18. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
19. Execution. This Agreement may be executed in several counterpa1is, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be pe1mitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be perfotmed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
21. Termination. This Agreement may be terminated by the City immediately for cause or by either pa1iy without cause upon fifteen days' written notice of te1m ination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.
***SIGNATURES ON FOLLOWING PAGE***
7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF CALEXICO:
Esperanza Colio WatTen
City Manager
APPROVED AS TO FORM:
Carlos Campos
City Attorney
8 CONSULTANT:
Seth Hoechl
SLA Paving, Inc.
ATTEST:
Gabriela Garcia
City Clerk
EXHIBIT A
SCOPE OF SERVICES
(proposal dated 10/17/2022)
9 EXHIBIT B
SCHEDULE OF CHARGES
10 EXHIBIT C
CERTIF1CATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby ce1tify that in the perfonnance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California.
Executed on this __ day of ________ , 2022, at. ______ _ California.
Consultant
11 ATTACHMENT NO. 3
10.20.22 To: City of Ca lexico
PYRAMID
CONSTRUCTION
AND AGGREGATES, INC.
Attention: Lilly Falomir
Rockwood between lrst and 2"d Street
Scope
Mobilize
Set up traffic control/close road
Mill approx. 17,500 Sf at 1.5" depth
Crackfill
Tack
Place 1.5" of W' Superpave-FAA Mix
Restripe as per existing
Price
General Engineering C ontractor
State Contractor Lie. No. 866533 839 Dogwood Road Heber CA, 92249 Ph 76G-337-,839 r.. 7~3M993
DIR # 100000f?30
$59,090.00
Exclusions: Survey, Construction Water, Testing, additional permits from city.
Regards,
Archie Abeyta
Project Manger
ATTACHMENT NO. 4
KUvc:: 1::ng1neer1ng- - --· ·-
rtO ve Rove Engineering Date Prepared: 917/2022 0:00
P.O. Box 2100 E!NOINUBR I H 0 El Centro, CA 92021 Last Revision Date: 917/2022 0:00 ProJect Name: City of Celaxlco ·Slurry seal Developer: City of Calexico Munlcloalltv: lmporlal Valley Address:
Prolect Tvoe: Dale: 9/7/2022
Solis Prepared Bv Carlos Vlllarlno
Plans Tiiie Estimator
Author E Mall esllmates@roveenolneerlna com Description:
Gentlemen, our nnn proposes to complete tho following Items of work In connection with tho project reforenced above. All work will be performed per the &cope and recommendations provided from Jose Saldafta.
Cracl< Fill & Slurry Seal
Item# Descrtollon Qlv Unit Unit Price Total Cost c;ommenta Moblllzallon 1 EA $ 3,600.00 $ 3,500.00
Cleaning, awnplng, and crack filling 20,000 SQFT $ 0.90 $ 10,000.00 Type II Sluny ual Coal 20,000 SQFT $ 2.10 $ 42,000.00
$ .
Total $ 83 500.00
Inclusions: Exclusions:
Engineering, Testing,
surveying
Sta~lng, Permits,
Fees of anv kind cunlass caused bv contractorl
Meiers
Import, Export
Striping & Sign age
Erosion Control,
Over Excavation beyond the specmed depth listed above
Romovel of Material that cannot be productively rroood with a Caterpillar 06 Owner to provide nearby construction water for any and all purposes, i:xcavauon ano u1sposa or any ueons not spec111ea above.
Traffic Control
Submitted This Dalo: 9"/2022 Rovo Engineering Inc
r1ove
Steven Eugenio
PROPOSAL VALID FOR 45 DAYS Owner
750o790.nos
Stevon Eugenio License# 1046101
Principal ENGINEERING Explratlon·10131/2020
P.O. Box 2108
El Contro, CA 922« roveenolneerinni!iloullook.com
ATTACHMENT NO. 5
CITY OF CALEXICO
ROCKWOOD AVENUE BETWEEN 1sr sTREET AND 2N° STREET
EXISTING CONDITIONS
CITY OF CALEXICO
ROCKWOOD AVENUE BETWEEN 1sr STREET AND zNo STREET
EXISTING CONDITIONS
EXHIBIT J
ROAD CLOSURE
CALEXICO'S ROCKW OOD ROLL-OUT PROMENADE
Starting Monday, November 14, 2022 through approximately May 2023, the City of Calexico Public Works Department will be installing the Pilot Demonstration Promenade Project: Rockwood Roll-Out. The pilot street closure and promenade will require the complete closure of north and south bound lanes of Rockwood Avenue between 1st Street and znd Street (see attached map). Vehicle access will be completely restricted; pedestrian and bicycle traffic will continue to be allowed. The Quick Build Demonstration will be in place tentatively for six months from installation date.
Business loading and garbage pick up will continue as usual, via the alley between 1st and znci Streets.
For more information, please contact the City of Calexico Public Works Department at (760)768-2160.
AVISO DE CIERRE DE CALLE
PASEO ROCKWOOD ROLL-OUT
A partir de Lunes, 14 de noviembre hasta aproximadamente mayo de 2023, el Departamento de Obras Publicas de la Cuidad de Calexico instalara la demostraci6n del Paseo temporal: Rockwood Roll-Out. Las mejoras temporales requeriran el cierre de los carriles no rte y sur de Rockwood Avenue entre 1st Street y 2nd Street (vea ma pa adjunto). La demostraci6n de construcci6n rapida estara disponible durante seis meses a partir de la fecha de instalaci6n.
El acceso a los negocios dentro del area del proyecto se mantendra abierto para peatones y ciclistas. El acceso de vehfculos sera restringido a partir de esta fecha. Los vehfculos de carga y basura utilizaran el callej6n entre la calles primera y segunda.
Para obtener mas informaci6n, puede contactar el Departamento de Obras Publicas de la Cuidad de Calexico al (760)768-2160.
....
~ ~ ;:.;.o..;;::;;&s; Colcxloot
RCCKWOtlll RCLL·(J IJT
I .
.. .. ~ SYG. IUOVULlO ro~ .. lf l lUI 11'.1 \IOHH'
Cl)
-0 ....
::i
c Vl
0 Q) u
(j) \J
ro
Q) 0
a::: .. _J Cl>
~ Cl>
.. "'-
Cl>
.. Cl>
I] .. "'-
V>
.. Ill
N T"'"
aNtt pooM>POll
EXHIBIT K
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
REVIEWED BY:
SUBJECT:
November 17, 2022
Mayor and City Council
Esperanza Colic Warren, City Manager {iJM/I~
Lilliana Falomir, Public Works Manager ~ ~d~i~i trattJ Sandra Fonseca, Interim Finance Director .,J}rRequest to Install the City's Christmas Tree at Rockwood Avenue Promenade, Schedule the Rockwood Avenue
Promenade Tree Lighting/Ribbon Cutting Ceremony for
December 8, 2022 at 5:30p.m. and Adopt Budget Amendment Resolution for Fund No. 255 - American Rescue Plan Act
(ARPA).
------- -------------- -------------------------------------------- ---------------------------------------------------- --------------- Recommendation:
Request to install the City's Christmas Tree at Rockwood Avenue Promenade, Schedule the Rockwood Avenue Promenade Tree Lighting/Ribbon Cutting Ceremony for December 8, 2022 at 5:30p.m. and Adopt Budget Amendment Resolution for Fund No. 255 -American Rescue Plan Act (ARPA).
Background:
For several years, the City has installed a 25 ft. Christmas Tree on top of the main entrance at City Hall.
Discussion & Analysis:
This year, Public Works staff would like to recommend that the City install the 25 ft.
Christmas Tree at Rockwood Avenue in order to incorporate it into our Rockwood Avenue Promenade Project and bring visitors to our downtown area. In addition, Public Works staff is requesting $3,500.00 from American Rescue Plan Act (ARPA) to purchase materials and supplies for the installation and to purchase decoration (lights and ornaments) for the Christmas Tree. AGENDA
ITEM
If the City Council of the City of Calexico approve the relocation and the I 1.
use of ARPA funds, Public Works staff would like to recommend that the Rockwood Avenue Promenade Tree Lighting/Ribbon Cutting Ceremony be scheduled for December 8, 2022 at 5:30p.m.
Fiscal Impact:
Capital Improvement Program Budgeted Item for FY 2022-2023 ARPA Fund No. 255-91 -908-56000-000
(Downtown Rehabilitation)
Total
Coordinated With:
City Manager's Office.
Finance Department.
Public Works Department.
Attachment(s):
1. Rendering of Christmas Tree at Rockwood Avenue Promenade.
2. Budget Amendment Resolution.
$3,500.00
$3,500.00
BUDGET AMENDMENT RESOLUTION NO. 2022-_
BUDGET AMENDMENT RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CALEXICO AUTHORIZING AN AMENDMENT
TO THE FINAL BUDGET FOR FISCAL YEAR 2022-2023
WHEREAS, the Final Budget for Fiscal Year 2022-2023 was adopted by Resolution No. 2022-48 of the City Council on August 10, 2022; and
WHEREAS ,the City Council has authorized the amendment of the Final Budget, in accordance with proper governmental accounting and financial reporting practices; and NOW THEREFORE, the City Council of the City of Calexico hereby resolves and authorizes the following action(s)
AMENDMENTS TO ADOPTED BUDGET:
1) Record Revenue Estimates(s)
Fund No. Department Division Account Sub-Account Amount Total $
1. )R ecor dA .ppropnation () s
Fund No. Department Division Account Sub-Account Amount Total $
3) Record Transfer of Funds:
FROM:
Fund No. Department Division Account Sub-Account Amount
1.55 91 908 55oi.5 000 $
Total $
TO:
Fund No. Department Division Account Sub-Account Amount
7.55 91 908 56000 000 $
Total $
-
-
3,500.00
3,500,00
3,500,00
3,500,00
S)Purpose of Budget Amendment:
Purchase items for the relocation ofClu·istmas Tree on Rockwood Avenue (Downtown) PASSED, APPROVED AND ADOPTED by the City Council of the City of Calexico at the regular meeting this 17th day of November, 2022.
]A VIER MORENO, Mayor
ATIEST:
GABRIELA GARCIA, City Clerk
APPROVED AS TO FORMS;
CARLOS CAMPOS, City Attorney
ST ATE OF CALIFORNIA)
CITY OF CALEXICO ) ss.
COUNTY OF IMPERIAL)
I, Gabriela Garcia, Deputy City Clerk of the City of Calexico, do h ereby certify under the penalty of perjury, that the foregoing Resolution No. :i.o:n· _,was duly adopted by the City Council at their regular meeting of said City Council held on the 17th day of November, :i.022 by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
GABRIELA GARCIA, City Clerk
City of Calexico