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City_Council_Agenda_12-21-2022_Item_No._8

Calexico City Council
December 21, 2022

Document
City_Council_Agenda_12-21-2022_Item_No._8
Meeting
December 21, 2022
Body
Calexico City Council
Pages
169
Original file
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Text extracted from the city's file for reading and search. Open the original on www.calexico.ca.gov. That file is the official record.

AGENDA
ITEM
8 AGENDA STAFF REPORT

CALEXICO
DATE: December 21, 2022
TO: Mayor and City Council
Espera Col Maren Cy Manage ni Caken
APPROVED BY:

REVIEWED BY: Sandra L. Fonseca, Interim Finance Director St PREPARED BY: Liliana Falomir, Public Works Manager - Administrative glum SUBJECT: Alley Improvement Project - Phase I

1. Award the Bid Proposal from Pyramid Construction &
Aggregates, Inc. in the amount of $820,565.00.

2. Authorize City Manager to Sign Construction Agreement between the City of Calexico and Pyramid Construction & Aggregates, Inc. in the amount of $820,565.00 for the
Alley Improvement Project - Phase I.

Authorize City Manager to Sign up to 10% Contingency
($82,056.50) for Administrative Expenses.

Recommendation:

It is recommended that the City Council approve the following items:

1. Award the Bid Proposal from Pyramid Construction & Aggregates, Inc. in the amount of $820,565.00.

Authorize City Manager to Sign Construction Agreement between the City of Calexico and Pyramid Construction & Aggregates, Inc. in the amount of $820,565.00 for the Alley Improvement Project - Phase I.

3. Authorize City Manager to Sign up to 10% Contingency ($82,056.50) for Administrative Expenses.

Background:

The Imperial County Air Pollution Control District (ICAPCD) received a federal grant through the Environmental Protection Agency (EPA) 2021 Targeted Airshed Grant Program to assist the City of Calexico to pave approximately AGENDA

3.46 miles of unpaved alleyways in Calexico in an attempt to mitigate ITEM PM10 and PM2.5.
8 On December 1, 2021 and March 16, 2022, the City Council of the City of Calexico authorized the City Manager to enter into a Funding Agreement with ICAPCD for the Alleyway Paving Project.

On October 5, 2022, the City Council of the City of Calexico approved the bid plans and specifications for Alley Improvement Project - Phase 1 and authorized Public Works Department to send the project out to bid. The work shall include, grading base and subgrade preparation for installation of class Il base, remove and replace concrete curb and gutter, driveways, surveying work, utility adjustments and traffic control.

The alleyways that will be improved in Phase I are as following:
# Alley From To System Type
1 7 Harold Street Alley 8 Class I!
2 8 Sherman Street 7th Street Class I!
3 15 8th Street 7h Street Class II
4 16 Rockwood Avenue Heffernan Avenue Class I|
5 17 Rockwood Avenue Heffernan Avenue Class lI
6 18 Rosemont Street Alley 18 Class I!
7 22 Heber Avenue Dead End Class II
8 24 Heber Avenue Mary Avenue Class I!
9 25 Mary Avenue Blair Avenue Class II
10 27 Giles Street Encinas Avenue Class I!
F 29 Dool Avenue Beach Avenue Class II
12 30 Dool Avenue Beach Avenue Class I|
13 40 Heber Avenue Blair Avenue Class 1I
Discussion & Analysis:

On November 1, 2022, the Office of the City Clerk received two (2) bids:
# Company Total
1 Pyramid Construction & Aggregates, Inc. $820,565.00
2 Vance Corporation $1,586,000.00
After carefully reviewing all bid documentation from Pyramid Construction & Aggregates, Inc., Public Works Staff has found that they meet all required guidelines and are the lowest responsible bidder. For this reason, Public Works Staff is requesting City Council authorization to award the bid proposal and authorize the City Manager to sign an agreement with Pyramid Construction & Aggregates, Inc.

Fiscal Impact:

Capital Improvement Program Budgeted Item for FY 2022-2023 Fund No. 412-91-903-56003-000 $902,621.50
Total $902,621.50

CITY OF CALEXICO

OFFICE OF THE CITY CLERK

BID TABULATION
Bid: Alley Improvement Project - Phase I
Public Works
November 1, 2022
Time: 2:00p.m.

Location: Council Chambers, City Hall, 608 Heber Avenue, Calexico, CA

COMPANY TOTAL
Vance Corporation. # 1, 586,000°
Puramid ConStruction
and Aggregates, In. 18. 820,57584
Alari
11-01-208a
Cabrict Careia, City Clerk Date

CITY OF CALEXICO

PUBLIC WORKS DEPARTMENT

ALLEY IMPROVEMENT PROJECT - PHASE I

UNOFFICIAL BID TABULATION
Bid Opening: November 1, 2022
Time: 2:00p.m.

Location: City Council Chambers, City Hall, 608 Heber Avenue, Calexico, CA Pyramid Construction
Engineer's Estimate and Aggregates, Inc. Vance Corporation Item Approximate Unit Total Unit Total Unit Total
Unit Description
Price Price Price
Mobilization: Mobilization of equipment and material,
Performance Bond, Payment Bond, General Liability
Vehicle Insurance, Taxes, Permits, City of Calexico Business license, and Similar expenses and other costs not specifically addressed within this bid item list. 50.000.00 50,000.00 40,000.00 40,000.00 25,000.00 95,000.00 12 of Subgrade Removal and Disposal and Compaction of

12.00 140.400.00 43.00 503,100.00
Furnish and Install 12" Class Il Base Compacted to 95% 16.00 187,200.00 25.18 294.606.00 38.00 444,600.00 Remove & Replace Concrete Driveway Approach 12.50 | 56,250.00 32.00 144.000.00 47.00 211,500.00 Curb and Gutter. Include Sawcut and Removal Existing AC LE CoAlow for Construction of New PC Concrete Curb &

32.00 13.440.00 55.00 23,100.00 240.00 100,800.00
EA 600.00 24,000.00 500.00 20,000.00 2,700.00 108,000.00 Traffic Control and Construction Area Signs 18,000.00 18,000.00 5.000.00 5.000.00 80,000.00 80,000.00 IS Construction Staking 16,000.00 16.000.00 40.000.00 40,000.00 32,000.00 32,000.00 LS Dust Control Plan and Implementation 13,500.00 13,500.00 5.000.00 5,000.00 11,000.00 11,000.00 $ 518,790.00 S 820,565.00 $ 1,586,000.00
"' !

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 furnish all material except owner furnished materials, and 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.

Company Name:_ Pyramid Construction and Aggregates,Inc.

Item Approximate Items
Unit Unit Price Total
No. Quantity
Mobilization: Mobilization of equipment
and material, Performance Bond, Payment
Bond, Géneral Liability Insurance,
Workman's Compensation Insurance,
Construction water, freight, project signs,

1. 1 Air pollution control district requirements
and fees, Restroom Facilities, Vehicle
Insurance, Taxes, Permits, City of Calexico
Business license, and Similar expenses and
other costs not specifically addressed
within this bid item list. $40,000.00 $40,000.00
12" of Subgrade Removal and Disposal and
11,700 SY Compaction of Existing Material to 90%
$21.27 $248,859.00

3. 11,700 Furnish and Install 12" Class Il Base
Compacted to 95%
$25.18 $294,606.00

4. Remove & Replace Concrete Driveway
4,500 SF
Approach $32.00 $144,000.00
Curb and Gutter. Include Sawcut and
Removal Existing AC to Allow for

5. 420 LF Construction of New PCC Concrete Curb &
Gutter $55.00 $23,100.00

6. 40 EA Double Adjustment Valve/ Water Meter
$500.00 $20,000.00

7. 1 LS Traffic Control and Construction Area Signs $5,000.00 $5,000.00

8. 1 LS Construction Staking $40,000.00 $40,000.00
oi 1 LS Dust Control Plan and Implementation $5,000.00
$5,000.00

Page 159 ends

Grand Total Bid: 820,565.00
Grand Total Bid Price Written in words: _ Eight hundred twenty thousand, five hundred sixty-five dollars and no cent

1.00 - The undersigned hereby acknowledges the receipt of the following addendum:

None_x; 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:

Pyramid Construction and Aggregates, Inc.

Address of firm:
839 Dogwood Road, Heber CA 92249
Telephone number: { 760 337-5839 Fax number: (760)337-5993 . Contractor's license number: 866533 _Type:_A, C21
Signed: _ Laks _Date:_11/1/22

END OF PROPOSAL BID FORM
Page | 60

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 furnish all material except owner furnished materials, and 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.

Vance Corporation
Company Name:

Item Approximate Unit Items Unit Price
Total
No. Quantity
Mobilization: Mobilization of equipment $95,000- $45,000- and material, Performance Bond, Payment
Bond, General Liability Insurance, mility fire Neily five, Workman's Compensation Insurance, thousand doller thousand dollar Construction water, freight, project signs,

1. 1 LS Air pollution controi district requirements And no cento and no cent and fees, Restroom Facilities, Vehicle
Insurance, Taxes, Permits, City of Calexico
Business license, and Similar expenses and
other costs not specifically addressed
within this bid item list.
12" of Subgrade Removal and Disposal and ·43:0 $503,100-

2. 11,700 SY Fount, them dollo
Compaction of Existing Material to 90%
438% Me cente 8444,600-
Furnish and Install 12" Class Il Base

3. 11,700 SY Compacted to 95% Thrity lie doll tear a bout balans No Cent
Remove & Replace Concrete Driveway tounty sewn, dobers to hershed eleven thirsty

4. 4,500 SF
Approach Live hunted dollars no cant
Curb and Gutter. Include Sawcut and 3, 100, 800•00
Removal Existing AC to Allow for Haws hunched fort are hundress Noxion 420 LF dollaro N0 Cesto Right hundred dollars
Construction of New PCC Concrete Curb & No cente
Gutter
· 2100- $708,000-

6. 40 EA Double Adjustment Valve/ Water Meter
$ 80,000% $80,000

7. 1 LS ¡ Traffic Control and Construction Area Signs ighly thousand dolms 40 сета
·32,000-

8. 1 LS Construction Staking therly two thousand Thary tir thousand dolls Ne teste $11,000- No cento
$12,000-

9. 1 LS Dust Control Plan and Implementation Even thousand cale leven thend doll t No Chee

Page 159 ends

Grand Total Bid: 1,586, 000. °°
Grand To Bie Were no. One Million, tive hundred
Eighty six thousand dollara, and no cents

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: Vance Corporation
Address of firm:

P.O. Box 575, Beaumont, CA 92223
Telephone number: (909) 355-4333 _ Fax number: (909) 355-4339 414567
. Contractor's licensenumbert _Type:

Signed: Mere Tutsita Date:_10/31/22

END OF PROPOSAL BID FORM
Page |60

CONSTRUCTION AGREEMENT

CITY OF CALEXICO, CALIFORNIA
THIS AGREEMENT is made this 215 day of December, 2022, by and between the City of Calexico, a Municipal Corporation of the State of California ("City") and Pyramid Construction & Aggregates, Inc. (''Contractor"). The City and the CONTRACTOR for consideration stated herein agree as follows:

Description of Project
CONTRACTOR shall provide for the construction of Alley Improvement Project - Phase I, Project No. 2022-400 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 Alley Improvement Project - Phase I in accordance with the invitation for Bids, incorporated by reference as though fully set herein. Said construction shall be in accordance with the 2010 California Department of Transportation Standard Plans, 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 "Alley Improvement Project - Phase I", 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 for the 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 furnishing all materials and 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 Page | 63
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. This provision in no way limits the CONTRACTOR's duties under other provisions herein.

5. Industry Standards
The CONTRACTOR agrees that is 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.

Page |64

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 of the performance of this Agreement.

6.1.3 Worker's Compensation
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 is 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.

Page | 65

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.

Agreement or 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 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, Page |66
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:

City of Calexico Pyramid Construction & Aggregates, Inc.

Public Works Department 839 Dogwood Road
608 Heber Avenue Heber, CA 92249
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 Agreements
The CONTRACTOR and any SUBCONTRCTORS employed by the CONTRACTOR shall be independent contractors and not agents of the CITY.

14. Compliance with Controlling Law
Page |67
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 directive 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 of the 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 indemnity 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.

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.

Page |68

18. No Waiver
No failure of either the CITY 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.

Page 169 ends

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 ESPERANZA COLIO WARREN
City Clerk of the City of Calexico City Manager of the City of Calexico

CONTRACTOR
By:_
Signature Date
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 Date
City Attorney

END OF CONSTRUCTION AGREEMENT
Page | 70

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