Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, May 18, 2026 – 6:00 PM
Norton Younglove Multipurpose Senior Center
908 Park Avenue, Calimesa, CA 92320
The Calimesa City Council will be conducting this meeting in the Norton Younglove Senior Center. Members of the public may attend this meeting in person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320, or the public may view the City Council meetings live at https://www.youtube.com/@calimesacity900/live beginning at 6:00 p.m.
Submission of Public Comments: Public comment will be allowed by completing a speaker slip and providing it to the City Clerk at the meeting. Please observe a time limit of 3 minutes when giving your presentation. When called upon, please step forward to the microphone, state your name for the record, whom you represent and any statement you wish to make. Please be advised that you may not defer your 3 minutes to another speaker.
Jeff Cervantez, Mayor John Manly, Mayor Pro Tem
Eric Cundieff, Council Member Edgar Garcia, Council Member Linda Molina, Council Member Will Kolbow, City Manager Steven Flower, City Attorney In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office, (909) 795-9801. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Any public writings distributed by the City to at least a majority of the Council Members regarding any item on this regular meeting agenda will be made available at the public counter at City Hall located at 908 Park Avenue, Calimesa, CA 92320.
Call to Order
Roll Call: Mayor Cervantez, Mayor Pro Tem Manly, Council Member Cundieff, Council Member Garcia and Council Member Molina.
Staff: City Manager Kolbow, City Attorney Flower, City Clerk Gerdes, Finance Director Reid, Community Development Director Lucia, Public Works Superintendent Coney, City Engineer Thornton, Deputy Fire Chief Shaw and Sheriff Captain Esquibel
Pledge of Allegiance
Communications From the Public
Pursuant to the Brown Act, this is the opportunity for members of the public to directly address the Council on any item within the Council’s subject matter jurisdiction. Please note that this is also the time in which members of the public may address the Council on any item on the Consent Calendar. This is not the time for City Council discussion of non-agenda items. After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.
Approval of the Agenda, Consent Calendar and Waiver of Full Reading of Ordinances This is the time for the City Council to notify the public of any changes to the agenda; such as removal of an agenda item, rearrangement of the agenda, postponement of an agenda item or continuance of an item to a future meeting. This is also the time for the City Council to remove items from the Consent Calendar for individual consideration. Waiver of full reading of ordinances does not take policy action or approve or disapprove any ordinances on the agenda, it simply means that the entire text of the ordinance will not be read.
Consent Calendar
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.
1. Approval of City Council Meeting Minutes
Recommendation: That the City Council approve the action minutes as presented for the Regular City Council Meeting of May 4, 2026.
2. Receive and File City Commission Minutes
Recommendation: That the City Council approve the action minutes as presented for the Planning Commission regular meeting of April 13, 2026
3. Approval of Accounts Payable and Payroll Warrant Registers Recommendation: That the City Council approve the Accounts Payable and Payroll Registers as presented.
4. Council Travel and Training-Meeting and Mileage Monthly Expense Report.
Recommendation: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through April 30, 2026
5. Proposed MSHCP fee CPI adjustment for July 1, 2026
Recommendation: That the City Council adopt Resolution No. 2026-14, A Resolution of the City Council of the City of Calimesa, California implementing the proposed MSHCP Fee CPI Adjustment for Fiscal Year 2026-27, as recommended by the Western Riverside County Regional Conservation Authority (RCA).
6. Travel and Meeting Policy
Recommendation: That the City Council adopt Resolution No. 2026-15, A Resolution of the City Council of the City of Calimesa, California approving a new travel and meeting policy and rescinding Resolution No. 2011-19 in its entirety.
7. Award of a Public Works Contract For Community Development Block Grant Project NO. 5.CM.06-25, Calimesa Library Sidewalk Improvement, Phase II, Project NO. 2024-06 Recommendation: That the City Council approve the Community Development Block Grant Project NO. 5.CM.06-25, Calimesa Library Sidewalk Improvement, Phase II, Project NO. 2024-06 to S&H CivilWorks for the amount of $36,740.
8. Paramedic Incentive Program
Recommendation: That the City Council approve the Side Letter Agreement between the City of Calimesa and the Calimesa Professional Firefighters Association establishing a Paramedic Incentive Program through June 30, 2027, and authorizing the City Manager to execute the Agreement on the City's behalf.
9. First Amendment to Consulting Agreement with Kosmont & Associates Recommendation: That the City Council approve First Amendment to the Agreement with Kosmont & Associates, Inc. and authorize the City Manager to execute the contract on behalf of the City.
Calimesa Chamber of Commerce Report
Public Hearings
10. Public Hearing: Status of vacant positions as required by AB 2561 Recommendation: That the City Council conduct a public hearing and receive and file the report pursuant to Assembly Bill (AB) 2561.
Business Items
11. Agreement with the Yucaipa-Calimesa Joint Unified School District for the Summer Lunch Program in Calimesa
Recommendation: That the City Council approve the Agreement for the Summer Lunch Program with the Yucaipa-Calimesa Joint Unified School District and authorize the City Manager to execute the Agreement on the City's behalf.
12. City Council Travel and Budget Allocation Discussion Recommendation: That the City Council provide direction to staff regarding the City Council Travel Budget and list of common events and conferences provided.
13. Potential Expansion of Pickleball Court Hours at Mountainview Park Recommendation: That the City Council discuss the current operating hours for the pickleball courts at Mountainview Park and provide direction to staff regarding any potential adjustments to the current hours of operation.
Mayor & Council Member Reporting of County & Regional Meetings/Conferences This is the time for general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b).
City Manager Comments & Reports
Adjournment
Meeting Adjourned to the Regular City Council Meeting on Monday, June 1 2026.
CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 1.
SUBJECT: Approval of City Council Meeting Minutes
MEETING DATE: May 18, 2026
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION:
That the City Council approve the action minutes as presented for the Regular City Council Meeting of May 4, 2026.
ATTACHMENTS:
1. CCM 05-04-2026 Draft Action Minutes Regular Meeting
City Council Action Minutes of the Regular Meeting of
May 4, 2026
City Of Calimesa
City Council Minutes of Regular Meeting
May 4, 2026
CALL TO ORDER 6:00 p.m. by Mayor Cervantez
ROLL CALL: MAYOR CERVANTEZ, MAYOR PRO TEM MANLY, COUNCIL MEMBER
CUNDIEFF, COUNCIL MEMBER GARCIA AND COUNCIL MEMBER
MOLINA.
ABSENT: NONE
STAFF: CITY MANAGER KOLBOW, CITY ATTORNEY FLOWER, DEPUTY CITY
MANAGER/CITY CLERK GERDES, FINANCE DIRECTOR REID,
COMMUNITY DEVELOPMENT DIRECTOR LUCIA, CITY ENGINEER
THORNTON, DEPUTY FIRE CHIEF SHAW AND SHERIFF CAPTAIN
ESQUIBEL.
INVOCATION
Pastor Brad Ormonde from Garden City Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Council Member Garcia.
COMMUNICATIONS FROM THE PUBLIC
Pursuant to the Brown Act, this is the opportunity for members of the public to directly address the Council on any item within the Council’s subject matter jurisdiction. Please note that this is also the time in which members of the public may address the Council on any item on the Consent Calendar. This is not the time for City Council discussion of non-agenda items After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.
Chris Stark, 34285 Countyline Road, Yucaipa spoke regarding his property located at County Line Road and Fifth Street and the direct impact to his property and planned development as a result of the Calimesa Creek Project. He expressed his concerns of what he described as coordination failure that he stated had been ongoing for over nine years with the City of Calimesa, adding that it has real financial and liability implications for the City and its residents. He stated that there is a lack of accountability by the City and Riverside County Flood Control, adding that he believes there has been no direct coordination with him as the property owner resulting in his project being materially impacted. He further stated that he is not opposed to the project, he would just like it done correctly. He stated his willingness to work collaboratively, coordinate easements, and find a solution that benefits both the city and his development, adding that it requires leadership and direction, something that so far that has been missing at the staff level. He requested that the City Council step in and direct staff to bring all parties, city staff, flood control, and himself into a coordinated process with a clear timeline and a defined path forward before any further approvals or permitting occur.
APPROVAL OF THE AGENDA, CONSENT CALENDAR AND WAIVER OF FULL READING OF ORDINANCES - This is the time for the City Council to notify the public of any changes to the agenda; such as removal of an agenda item, rearrangement of the agenda, postponement of an agenda item or continuance of an item
City Council Action Minutes of the Regular Meeting of
May 4, 2026
to a future meeting. This is also the time for the City Council to remove items from the Consent Calendar for individual consideration. Waiver of full reading of ordinances does not take policy action or approve or disapprove any ordinances on the agenda, it simply means that the entire text of the ordinance will not be read.
Mayor Cervantez asked if there were any necessary changes to the agenda or any items to be removed from the Consent Calendar for discussion. There were no items pulled from the Consent Calendar. The agenda, consent Calendar and waiver of full reading of ordinances was approved by the following action:
MOTION BY COUNCIL MEMBER CUNDIEFF, SECONDED BY COUNCIL MEMBER MOLINA, CARRIED 5-0 TO APPROVE THE AGENDA AND CONSENT CALENDAR AS PRESENTED AND WAIVE FULL READING OF ORDINANCES.
CONSENT CALENDAR (Items 1 – 5)
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration Any items removed shall be individually considered immediately after taking action on the Consent Calendar.
1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
RECOMMENDATION: That the City Council approve the meeting minutes as follows:
1. April 6, 2026, Action Minutes of Regular Meeting of the City Council
2. April 20, 2026, Action Minutes of Regular Meeting of the City Council
3. April 27, 2026, Action Minutes of Special Budget Workshop of the City Council
2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
RECOMMENDATION: That the City Council approve the action minutes as presented for the Library Commission regular meeting of February 3, 2026.
3. APPROVAL OF WARRANT REGISTERS.
RECOMMENDATION: That the City Council approve the Accounts Payable and Payroll Warrant Registers as follows:
1. AP Check Register Report with a total of $366,549.76 (Check Nos.45329-45370)
2. April 23, 2026, Payroll Report of $142,686.50
4. SUMMERWIND TRAILS PHASE II-V: APPROVAL FOR FINANCE PARCEL MAP NO. 38212.
RECOMMENDATION: That the City Council:
1. Authorize approval of Finance Parcel Map No. 38212 and authorize the City Clerk to sign the map.
2. Execute the Survey Monumentation Agreement and accept the survey monumentation bond.
3. Accept the dedications offered for public use subject to their improvement in accordance with City Standards.
4. Authorize the City Clerk to forward for recordation at the County Recorder's Office..
5. TREASURER'S REPORT FOR THE MONTH ENDED MARCH 31, 2026.
RECOMMENDATION: That the City Council receive and file the Investment Report for the
City Council Action Minutes of the Regular Meeting of
May 4, 2026
month ended March 31, 2026.
FIRE CHIEF REPORT
Deputy Fire Chief Shaw reported 874 calls for service, year to date with about a 3% rise from 2025, stating that the total call volume is stable with no significant trends or shifts upward or down. The call demand for EMS or medical aid was 72% of the total calls. Fires were at roughly 22% of the total calls and miscellaneous calls, including false alarms were at about 25%. He stated a key point that the workload is predominantly EMS driven. In regard to staffing, he stated that training and deployment are aligned and continue to be aligned accordingly. He reported that mutual aid responses into Yucaipa were 183, which is about a 10 to1 imbalance which makes sense being about 100 yards from the county line, adding that they go into Yucaipa quite a bit. He stated that they are working to reduce that high outbound demand specifically in Yucaipa and that Yucaipa is actually going to be stepping up this fiscal year, as long as everything goes well for them, and will be staffing a medic squad at their Station 3 over on Fifth Street, adding that should help offset some of the amount of times they are going over to Yucaipa as a medic unit. He reported a 6 ½ minute response. He stated that in summary, operations remain stable and effective. Primary opportunities for improvement are dispatch efficiency and a balance in our regional response commitments with local service demands.
SHERIFF CAPTAIN REPORT
Captain Esquibel reported that April Part One Crimes were down by 2 from the month prior, with a total of 20 Part One Crimes. There were no homicides, no sexual assaults reported, zero robberies, one assault, three burglaries that were reported, two vehicle thefts and 14 thefts or larceny or petty thefts. He addressed trespassing, stating that a couple of notable arrests were made that have occurred where individuals are illegally camping in certain areas, adding that they have been contacted by deputies and have been held accountable accordingly. He reported one significant arrest on April 1st of a subject that was going back and forth from neighboring cities exposing himself. He was ultimately contacted in Calimesa near County Line Road, taken into custody and arrested. He further reported an increase in traffic enforcement along Calimesa Boulevard and other areas throughout the City. He announced the Riverside County Peace Officers Memorial that would be held on May 20. 2026.
Council Member Molina questioned E Bikes and enforcement by the department. Captain replied that when it comes to electric bikes, and such, legislation is trying to catch up with the laws. He stated that they are on the lookout for the e-bikers and will enforce as necessary.
Council Member Cundieff questioned whether the department keeps a database of the homeless that have been contacted on property and whether there is a data base of the 602 letters that are on file. Captain replied that the department keeps a file of the 602 letters encourages property and business owners to file a 602 letter so that any trespassing may be enforced.
BUSINESS ITEMS
6. COMMUNITY GRANT AWARD APPLICATION.
RECOMMENDATION: That the City Council provide guidance to staff regarding the
City Council Action Minutes of the Regular Meeting of
May 4, 2026
Community Grant Award application.
City Manager Kolbow presented the agenda report.
George Sardeson, representative of the Yucaipa Calimesa Veterans Committee spoke in support of the submitted grant award application. He provided flyers to the Council and announced the Memorial Day Ceremony that would be held on May 25, 2026 at Desert Lawn Memorial Park at 10:00 a.m.
After Council discussion the following action was taken:
MOTION BY MAYOR PRO TEM MANLY, SECONDED BY COUNCIL MEMBER CUNDIEFF, CARRIED 5-0- TO AWARD A COMMUNITY GRANT TO THE YUCAIPA CALIMESA VETERANS COMMITTEE IN THE AMOUNT OF $1,000.
MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL
MEETINGS/CONFERENCES
This is the time for general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b).
Council Member Garcia reported he attended the opening of the Mountainview Park, stating that it was nice seeing the community there and everybody enjoying the game. He thanked city staff for being out there and supporting the community on their day off.
Council Member Molina reported that she attended an RTA meeting where they discussed routine transit business. She announced the passing of Beaumont Cherry Valley Recreation and Park District Board Member Dan Hughes, adding that a Celebration of Life would be held on May 22, 2026. She requested that the meeting be adjourned in his honor.
Council Member Cundieff reported that he attended a Public Safety Ad-hoc meeting with Mayor Pro Tem Manly and City Manager Kolbow. He further reported that he attended the Mountainview Park soft opening on May 2nd, adding it was a great event. Staff and Commission did a great job putting it together and Mayor Pro Tem Manly had a hand in the planning of it as well. He further reported that he attended a WRCOG meeting earlier in the day and stated that he would forward the meeting summary to all once received. He reminded all of the WRCOG General Assembly that would be held in June and requested that they let Darlene know if they plan to attend. He stated that this year's keynote speaker is Tony Hawk.
Mayor Pro Tem Manly reported that he attended the Public Safety Ad-hoc meeting with Council Member Cundieff and City Manager Kolbow. He further reported that he attended the May 2nd Soft Grand Opening of Mountainview Park. He expressed his appreciation to staff of their work and for being there on a Saturday. He stated that it is going well with a lot of different groups showing up day and night to play pickleball. He thanked Pastor Ormonde from Garden City Church for coming and giving the invocation. He expressed his appreciation to the Veterans Committee for submitting their application to the grant program, stating his pleasure of providing
City Council Action Minutes of the Regular Meeting of
May 4, 2026
funds for a program that gives back to the community.
Mayor Cervantez reported that he and Council Member Cundieff attended a 2x2 Ad-hoc Committee meeting with Beaumont City Council Members on April 27th. He stated that information from that meeting would be coming to the full Council soon. He further reported that he attended the Special Budget Workshop meeting on April 27th. He further reported that he attended the Mountainview Park Soft Grand Opening on May 2nd and thanked staff for their work on a great event. He thanked Mayor Pro Tem Manly for his work on the park and participation in the planning of the event. He further reported that he attended a meeting of the RCA earlier in the day and stated that he would provide a written summary to the Council once received. He thanked Pastor Ormonde for attending and providing the invocation.
CITY MANAGER COMMENTS & REPORTS
City Manager Kolbow thanked staff for their work on the Mountainview Park Soft Opening on May 2, 2026. He further thanked Public Works Director Shakir for her work in bringing the Mountainview Park Project to the finish line. He announced a Caltrans project that would begin on Interstate 10 between Calimesa and Beaumont with a estimated completion date of 2029 for maintenance, paving and fiber install, he added that no additional lanes would be added.
RECESS TO CLOSED SESSION
City Attorney Flower announced the Closed Session Item and Mayor Cervantez recessed the meeting to Closed Session at 6:39 p.m.
CLOSED SESSION ITEMS
A. CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6. City Negotiator: Will Kolbow, City Manager and Darlene Gerdes, Deputy City Manager/City Clerk/Human Resources. Represented Employees: Calimesa Professional Firefighters Association.
B. CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6 C. City Negotiator: Will Kolbow, City Manager. Employee Groups: All Non-represented City Employees, excluding the City Manager.
CLOSED SESSION ANNOUNCEMENT
A. No reportable action
B. No reportable action
ADJOURNMENT
Meeting adjourned at 7:45 p.m. in memory of Dan Hughes, Beaumont Cherry Valley Recreation and Park District Board Member to the Regular City Council Meeting on Monday, May 18, 2026, at 6:00 p.m..
Respectfully Submitted,
Darlene Gerdes, City Clerk
CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 2.
SUBJECT: Receive and File City Commission Minutes
MEETING DATE: May 18, 2026
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION:
That the City Council approve the action minutes as presented for the Planning Commission regular meeting of April 13, 2026
ATTACHMENTS:
1. PC Minutes of 4-13-2026
CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 3.
SUBJECT: Approval of Accounts Payable and Payroll Warrant Registers MEETING DATE: May 18, 2026
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION:
That the City Council approve the Accounts Payable and Payroll Registers as presented.
SUMMARY:
The attached Reports for City Council’s approval is as follows:
a) Check Register Report and Account Summary with a total of $82,837.43 b) May 1, 2026 Council Payroll of $3,886.75
May 7, 2026 Payroll of $146,812.53
ATTACHMENTS:
1. Expense Approval Report 4.29.26-5.12.26
2. May 1, 2026 Council Payroll
3. May 7, 2026 Payroll Register
5/13/2026 1:05:23 PM Page 1 of 4
Check Register Report
Calimesa, CA By Fund
Payment Dates 4/29/2026 - 5/12/2026
Payment Number Payment Date Vendor Name Description (Item) Amount Fund: 100 - GENERAL FUND
50000 05/07/2026 ALOHA PLUMBING & MAINTE… Leak Maintenance Room 650.00 50001 05/07/2026 COBB'S PRINTING, LLC Business Cards - Fox Benson &… 200.00 50001 05/07/2026 COBB'S PRINTING, LLC Envelopes 424.95
50002 05/07/2026 FRONTIER Apr 26 - May 26 Park Wifi 136.26 50003 05/07/2026 FRONTIER Apr 26 Senior Center Internet 220.51 50004 05/07/2026 FRONTIER Mar 26 Fax 129.46
50005 05/07/2026 IMPERIAL DADE Apr 26 Supplies 208.87
50005 05/07/2026 IMPERIAL DADE Apr 26 Supplies 334.28
50005 05/07/2026 IMPERIAL DADE Apr 26 Supplies 478.24
50005 05/07/2026 IMPERIAL DADE Apr 26 Supplies 132.93
50007 05/07/2026 JONATHAN YBARRA Apr 18 - May 01, 2026 100.00 50008 05/07/2026 KELLY LUCIA AEP Conference Travel Reimb 164.20 50009 05/07/2026 KIRBY MAUS Apr 18 - May 01, 2026 200.00 50010 05/07/2026 KONICA MINOLTA Business So…May 26 Equipment Rental PW… 414.23 50011 05/07/2026 MICHAEL BAKER INTERNATIO… 211003 Mesa Verde 9,509.50 50011 05/07/2026 MICHAEL BAKER INTERNATIO… 260001 Brad Hillwig 480.70 50011 05/07/2026 MICHAEL BAKER INTERNATIO… 240011 TTM39100 104.50 50011 05/07/2026 MICHAEL BAKER INTERNATIO… Planning Consultant 8,923.35 50012 05/07/2026 MISSION SQUARE Roth Contributions 134.89 50012 05/07/2026 MISSION SQUARE Loan 600.57
50012 05/07/2026 MISSION SQUARE Pre Tax Contributions 6,626.14 50013 05/07/2026 NICHOLAS FOX CACEO Conference Travel Rei… 862.29 50014 05/07/2026 PATRICE MCGEE FSA Reimbursement 763.00 50015 05/07/2026 PITNEY BOWES GLOBAL FINA… Apr 26 Postage and Shipping F… 1,314.10 50016 05/07/2026 RINCON CONSULTANTS, INC. 201001 Sandalwood 663.75 50016 05/07/2026 RINCON CONSULTANTS, INC. 231010 Sartin Storage Yard 2,519.75 50018 05/07/2026 TIMES MEDIA GROUP Summary Ordinance 420 104.93 50018 05/07/2026 TIMES MEDIA GROUP NIB JP Ranch 2026 745.71 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 115.05 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 58.37 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 38.35 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 60.04 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 40.04 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 76.70 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 76.70 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 11.30 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 460.20 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 258.22 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 58.37 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 100.10 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 268.45 50020 05/07/2026 VERIZON WIRELESS Mar 17 - Apr 16, 2026 40.02 50021 05/07/2026 VISION SERVICE PLAN - CA May 26 Premiums 428.29 50022 05/07/2026 WEX BANK Apr 26 Fuel 544.73
50022 05/07/2026 WEX BANK Apr 26 Fuel 205.48
50022 05/07/2026 WEX BANK Apr 26 Fuel 3,772.89
50023 05/11/2026 COMMUNITY WORKS DESIGN… Mountain View Park 1,084.95 50026 05/11/2026 YUCAIPA-CALIMESA JOINT UN… Facility Use Fee - Apr 26 Clean… 455.00 DFT0000002 05/11/2026 CAL PERS Classic 2,969.84
DFT0000002 05/11/2026 CAL PERS PEPRA 8,941.75
Fund 100 - GENERAL FUND Total: 57,211.95
Check Register Report Payment Dates: 4/29/2026 - 5/12/2026 5/13/2026 1:05:23 PM Page 2 of 4
Payment Number Payment Date Vendor Name Description (Item) Amount Fund: 176 - INFORMATION TECHNOLOGY FUND
50019 05/07/2026 TYLER TECHNOLOGIES, INC May 26 - Aug 26 Content Man… 1,393.33 Fund 176 - INFORMATION TECHNOLOGY FUND Total: 1,393.33
Fund: 295 - DIF PARK IMPROVEMENT
50025 05/11/2026 RHA LANDSCAPE ARCHITECTS …Mar 26 Landscape Services 4,154.83 Fund 295 - DIF PARK IMPROVEMENT Total: 4,154.83
Fund: 315 - LIGHTING/LANDSCAPE DISTRICT
50017 05/07/2026 SOUTHERN CALIFORNIA MUL… Brown Mulch Bryant & CA 3,852.75 Fund 315 - LIGHTING/LANDSCAPE DISTRICT Total: 3,852.75
Fund: 335 - GAS TAX
50022 05/07/2026 WEX BANK Apr 26 Fuel 1,176.74
50024 05/11/2026 DEPARTMENT OF TRANSPORT…Jan - Mar 26_Cost Share Signal 1,010.83 50027 05/11/2026 YUNEX, LLC Mar 26_Call Outs 68.00
50027 05/11/2026 YUNEX, LLC Mar 26_Routine Maintenance 450.00 Fund 335 - GAS TAX Total: 2,705.57
Fund: 409 - CFD SINGLETON HEIGHTS MAINTENANCE
50023 05/11/2026 COMMUNITY WORKS DESIGN… CFD 2012-1 SH 960.00 Fund 409 - CFD SINGLETON HEIGHTS MAINTENANCE Total: 960.00 Fund: 419 - CFD JP RANCH MAINTENANCE
50006 05/07/2026 INTEGRITY ARBORIST AND EC… Mar 26 JP Rnch Weed Abatem… 1,362.00 50006 05/07/2026 INTEGRITY ARBORIST AND EC… Mar 26 JP Rnch Weed Abatem… 3,954.00 50006 05/07/2026 INTEGRITY ARBORIST AND EC… Apr 26 JP Rnch Weed Abatem… 1,362.00 50006 05/07/2026 INTEGRITY ARBORIST AND EC… Apr 26 JP Rnch Weed Abatem… 3,954.00 50023 05/11/2026 COMMUNITY WORKS DESIGN… CFD 2013-1 JP 640.00 Fund 419 - CFD JP RANCH MAINTENANCE Total: 11,272.00
Fund: 429 - CFD SUMMERWIND MAINTENANCE
50023 05/11/2026 COMMUNITY WORKS DESIGN… CFD 2018-1 SW 1,287.00 Fund 429 - CFD SUMMERWIND MAINTENANCE Total: 1,287.00
Grand Total: 82,837.43
Check Register Report Payment Dates: 4/29/2026 - 5/12/2026 5/13/2026 1:05:23 PM Page 3 of 4
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 57,211.95
176 - INFORMATION TECHNOLOGY FUND 1,393.33
295 - DIF PARK IMPROVEMENT 4,154.83
315 - LIGHTING/LANDSCAPE DISTRICT 3,852.75
335 - GAS TAX 2,705.57
409 - CFD SINGLETON HEIGHTS MAINTENANCE 960.00
419 - CFD JP RANCH MAINTENANCE 11,272.00
429 - CFD SUMMERWIND MAINTENANCE 1,287.00
Grand Total: 82,837.43
Account Summary
Account Number Account Name Payment Amount
100-0000-22515-000 FSA REIMBURSEMENT P… 763.00
100-0000-22525-000 DEFERRED COMPENSAT… 7,361.60
100-0000-24015-000 DEPOSITS - DEVELOPER 13,278.20
100-1010-60300-000 COMMUNICATIONS 115.05
100-1030-60110-000 OTHER CONTRACT SERV… 58.37
100-1030-60550-000 AD PRINT & PUBLICATIO… 850.64
100-2000-50200-000 INSURANCE & EMPLOYEE… 428.29
100-2000-50300-000 PERS BENEFITS 11,911.59
100-2000-60110-000 OTHER CONTRACT SERV… 414.23
100-2000-60420-000 REPAIRS AND MAINTEN… 750.21
100-2000-60537-000 SUPPLIES 833.82
100-2000-60545-000 POSTAGE 1,314.10
100-2020-60300-000 COMMUNICATIONS 98.39
100-2030-60300-000 COMMUNICATIONS 169.50
100-3000-60100-000 PROFESSIONAL SERVICES 8,923.35
100-3010-60300-000 COMMUNICATIONS 76.70
100-3010-60560-000 TRAVEL AND TRAINING… 1,026.49
100-4015-60300-000 COMMUNICATIONS 76.70
100-4030-50110-000 INTERNSHIP & STIPENDS 300.00
100-4030-60300-000 COMMUNICATIONS 729.72
100-4030-60420-000 REPAIRS AND MAINTEN… 3,772.89
100-4030-60530-000 SUPPLIES 334.28
100-4035-60300-000 COMMUNICATIONS 58.37
100-5010-60300-000 COMMUNICATIONS 220.51
100-5010-60400-000 REPAIRS AND MAINTEN… 650.00
100-5010-60530-000 SUPPLIES 478.24
100-6000-60100-000 PROFESSIONAL SERVICES 1,676.21
100-6000-60300-000 COMMUNICATIONS 408.57
100-6000-60400-000 REPAIRS AND MAINTEN… 132.93
176-0000-70111-000 COMPUTER HARDWARE… 1,393.33
295-6010-70100-000 PROFESSIONAL SERVICES 4,154.83
315-6000-60400-000 REPAIRS AND MAINTEN… 3,852.75
335-6080-60100-000 PROFESSIONAL SERVICES 518.00
335-6080-60420-000 REPAIRS AND MAINTEN… 1,176.74
335-6080-60425-000 UTILITIES - ELECTRIC 1,010.83
409-8010-60100-000 PROFESSIONAL SERVICES 960.00
419-8010-60100-000 PROFESSIONAL SERVICES 640.00
419-8010-60400-000 REPAIRS AND MAINTEN… 10,632.00
429-8010-60100-000 PROFESSIONAL SERVICES 1,287.00
Grand Total: 82,837.43
Project Account Summary
Project Account Key Payment Amount
**None** 82,837.43
Check Register Report Payment Dates: 4/29/2026 - 5/12/2026 5/13/2026 1:05:23 PM Page 4 of 4
Project Account Summary
Project Account Key Payment Amount
**None**
Grand Total: 82,837.43
Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.
CITY OF CALIMESA
LAPALMA REGION
EJ2
Service Center:
4734070 05/04/2026
04/30/202605/05/2026
18 Recap 2 1
Acct No
LiabilityRecap
Social Security - EESocial Security Adj - EEMedicare - ER Taxes Debited
Earned Income Credit AdvancesMedicare Adj - EEFederal Income Tax 217 00
00 50 75
Medicare Surtax - EE
Tran/ABA
200 00
Social Security - ERMedicare - EE
217 00
50 75
00 Medicare Surtax Adj - EE
000000
Federal Unemployment TaxFMLA-PSL ER FICA CreditEmployee Retention Qualified Payments Credit 000000
COBRA Premium Assistance PaymentsFMLA-PSL Payments CreditFMLA-PSL Health Care Premium CreditEmployee Retention Qualified Health Care Credit 000000
State Income Tax
XXXXXX5405
00 State Unemployment Insurance - EE
XXXXXXXXX
00 State Unemployment Insurance - ERADP Check
00 State Unemployment Insurance Adj - EEState Disability Insurance - ER 119 00
State Disability Insurance - EEState Disability Insurance Adj - EE 0000
State Family Leave Insurance - EE
000000
State Family Leave Insurance - ER
0000
State Family Leave Insurance Adj - EE
Acct No
00 State Medical Leave Insurance - EE
XXXXXX5405
00 State Medical Leave Insurance - ERState Parental Leave Insurance - EE 00 State Medical Leave Insurance Adj - EEState Parental Leave Insurance - ER 00 State Parental Leave Insurance Adj - EE
00 State LTCare - EE
00 State Childcare Contribution - EEWorkers’ Benefit Fund Assessment - EE 00 State Childcare Contribution - ERWorkers’ Benefit Fund Assessment - ERLocal Income Tax 0000
Transit Tax - EE
00000000
School District Tax
Other Transfers
Total Amount Debited From Your Account
Bank Debits and
00 3 032 25
Total Taxes Debited
Tran/ABA
Other LiabilityTaxes - YourResponsibility
854.50
XXXXXXXXX
3,886.75
Direct Deposit
None This Payroll
3,886.75
00 Adjustments/Prepay/Voids 00
3,886.753,886.753,886.75
Total Liability
Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.
CITY OF CALIMESA
LAPALMA REGION
EJ2
Service Center:
4734070 05/04/2026
04/30/202605/05/2026
18 Detail 2 2
from your account
Net Pay
Direct DepositsSubtotal Net PayChecks
3,032.25
AdjustmentsTotal Net Pay Liability (Net Cash)
Taxes
3 032 25
00 3,032.25
You are responsible for
Depositing these amounts
Agency
00 Amount debited
Rate EE withheld ER contrib. EE withheld ER contrib.
Federal Income TaxEarned Income Credit AdvancesSocial SecurityMedicare Federal
200 00217 00
50 75
Medicare SurtaxFederal Unemployment Tax
Other
217 00
50 75
Transfers
Subtotal Federal
XXXXXX5405
467.75
FMLA-PSL Health Care Premium CreditEmployee Retention Qualified Payments Cre 267.75
FMLA-PSL Payments CreditFMLA-PSL ER FICA CreditEmployee Retention Qualified Health Care 735.50
Cobra Premium Assistance PaymentsTotal Federal 467.75
State
CA State Unemployment Insurance-ERCA State Disability Insurance-EESubtotal CA 267.75
CA State Income Tax
119 00
Amount ADP Debited From Account
735.50
3 4000
Tran/ABA
ADP CheckAmount ADP Debited From Account
3 032 25
XXXXXX5405
Total Amount ADP Debited From Your Accounts
119.00
Tran/ABA
3,886.75
119.00
XXXXXXXXX
Total Taxes
XXXXXXXXX
3,032.25
.00
854.50
.00
Excludes Taxes That Are Your Responsibility
467.75 386.75 854.50
Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.
CITY OF CALIMESA
LAPALMA REGION
EJZ
Service Center:
4853070 05/05/2026
05/01/202605/07/2026
19 Recap 2 1
Acct No
LiabilityRecap
Social Security - EESocial Security Adj - EEMedicare - ER Taxes Debited
Earned Income Credit AdvancesMedicare Adj - EEFederal Income Tax 0000
2 203 16
Medicare Surtax - EE
Tran/ABA
17 292 09
Social Security - ERMedicare - EE
00 2 203 18
00 Medicare Surtax Adj - EE
000000
Federal Unemployment TaxFMLA-PSL ER FICA CreditEmployee Retention Qualified Payments Credit 000000
COBRA Premium Assistance PaymentsFMLA-PSL Payments CreditFMLA-PSL Health Care Premium CreditEmployee Retention Qualified Health Care Credit 000000
State Income Tax
XXXXXX5405
00 State Unemployment Insurance - EE
XXXXXXXXX
7 762 03
State Unemployment Insurance - ER
Acct No
00 State Unemployment Insurance Adj - EEState Disability Insurance - ER 47 31
State Disability Insurance - EEState Disability Insurance Adj - EE 0000
State Family Leave Insurance - EE
00 1 974 23
00 State Family Leave Insurance - ER
0000
State Family Leave Insurance Adj - EE
Tran/ABA
00 State Medical Leave Insurance - EE
XXXXXX5405
00 State Medical Leave Insurance - ERState Parental Leave Insurance - EE 00 State Medical Leave Insurance Adj - EEState Parental Leave Insurance - ER 00 State Parental Leave Insurance Adj - EE
00 State LTCare - EE
00 State Childcare Contribution - EEWorkers’ Benefit Fund Assessment - EE 00 State Childcare Contribution - ERWorkers’ Benefit Fund Assessment - ERLocal Income Tax 0000
Transit Tax - EE
00000000
School District Tax
Other Transfers
Wage Garnishments
00 ADP Direct Deposit
Other Liability
Total Taxes Debited
114 049 40
Total Amount Debited From Your Accounts
Bank Debits andTaxes - Your
31,482.00
XXXXXXXXX
1 281 13
Adjustments/Prepay/Voids
Responsibility
Acct No
00 None This Payroll
146,812.53
XXXXXX5405
146,812.53
Tran/ABA XXXXXXXXX
146,812.53146,812.53
Total Liability
Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.
CITY OF CALIMESA
LAPALMA REGION
EJZ
Service Center:
4853070 05/05/2026
05/01/202605/07/2026
19 Detail 2 2
from your account
Net Pay
Direct DepositsSubtotal Net PayChecks
114,049.40
AdjustmentsTotal Net Pay Liability (Net Cash)
Taxes
0000
114,049.40
You are responsible for
Depositing these amounts
Agency
114 049 40
Amount debited
Rate EE withheld ER contrib. EE withheld ER contrib.
Federal Income TaxEarned Income Credit AdvancesSocial SecurityMedicare Federal
17 292 09
Federal Unemployment TaxSubtotal Federal
2 203 18
Medicare Surtax
2 203 16
19,495.27
FMLA-PSL Health Care Premium CreditEmployee Retention Qualified Payments Cre 2,203.16
FMLA-PSL Payments CreditFMLA-PSL ER FICA Credit
Other
21,698.43
Employee Retention Qualified Health CareCobra Premium Assistance PaymentsTotal Federal 19,495.27 XXXXXX5405
2,203.16
StateTransfers
Tran/ABA
21,698.43
CA State Income TaxCA State Unemployment Insurance-ERCA State Disability Insurance-EE 7 762 03
47 31
1 974 23
Subtotal CAADP Direct Deposit
3 4000
Amount ADP Debited From Account
46 Employee Transactions
Wage Garnishments
XXXXXXXXX
114 049 40
1 281 13
Amount ADP Debited From Account
146,812.53
XXXXXX5405
Total Amount ADP Debited From Your Accounts
Tran/ABA
115,330.53
9,736.26 47.31
Total Taxes
XXXXXXXXX
9,783.57
.00
31,482.00
.00
Excludes Taxes That Are Your Responsibility
29,231.53 2,250.47 31,482.00
CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 4.
SUBJECT: Council Travel and Training-Meeting and Mileage Monthly Expense Report.
MEETING DATE: May 18, 2026
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION:
That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through April 30, 2026
ATTACHMENTS:
1. COUNCIL TRAVEL MEETING-MILEAGE EXPENSES 24-25
FISCAL YEAR 2025-26
COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
10-Sep Beaumont State of the City $ 75.00
29-Jan Calimesa Chamber Installation $ 60.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 135.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 465.00 MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
10-Sep Beaumont State of the City $ 75.00
11-Dec Riverside State of the County $ 45.00
10-Nov Riverside Division LOCC Mtg $ 65.00
29-Jan Calimesa Chamber Installation $ 60.00
TOTAL TRAVEL/TRAINING $ - . $ 245.00
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 355.00
JEFF CERVANTEZ TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
ERIC CUNDIEFF TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
FISCAL YEAR 2025-26
COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
19-Aug LOCC Annual Conference - Oct 2025 $ 725.00 10-Sep Beaumont State of the City $ 75.00 LOCC Hotel for Conference - Oct 2025 $ 714.88 9/8/2025 Riverside Division League Mtg $ 60.00 Conference Mileage $ 121.80 9-Oct Division Lunch at Conference $ 60.00 TOTAL TRAVEL/TRAINING $ 1,561.68 TOTAL MEETING/MILEAGE $ 195.00 REMAINING BALANCE $ (111.68) REMAINING BALANCE $ 405.00 MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
1-Jul LOCC Annual Conference - Oct 2025 $ 675.00 10-Sep Beaumont State of the City $ 75.00 8-Oct LOCC Conference Mileage & div lunch $ 160.80 8-Sep LOCC Riverside Division Meeting $ 60.00 21-Jan LOCC Mayor & Council Academy $ 675.00 21-Jan Locc Academy Mileage $ 571.21 29-Jan Chamber Installation Dinner $ 60.00
11-Dec Riverside State of the County $ 45.00
10-Nov Riverside LOCC Divison Meeting $ 65.00
26-Mar Beaumont Chamber Installation $ 80.00
TOTAL TRAVEL/TRAINING $ 1,760.80 TOTAL MEETING/MILEAGE $ 706.21 REMAINING BALANCE $ 189.20 REMAINING BALANCE $ (106.21)
LINDA MOLINA TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
EDGAR GARCIA TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
FISCAL YEAR 2025-26
COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DESCRIPTION AMOUNT
29-Jan Calimesa Chamber Installation $ 60.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 60.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 540.00
JOHN MANLY TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 5.
SUBJECT: Proposed MSHCP fee CPI adjustment for July 1, 2026 MEETING DATE: May 18, 2026
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION:
That the City Council adopt Resolution No. 2026-14, A Resolution of the City Council of the City of Calimesa, California implementing the proposed MSHCP Fee CPI Adjustment for Fiscal Year 2026-27, as recommended by the Western Riverside County Regional Conservation Authority (RCA).
BACKGROUND:
The Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) contains a provision providing for an automatic annual adjustment of MSHCP fees based on the Consumer Price Index (CPI).
DISCUSSION:
Based on the CPI increase for Riverside-San Bernardino-Ontario, CA, MSHCP fees will increase 3.2445% effective July 1, 2026. Member Agencies are required to implement the automatic CPI adjustment effective July1, 2026 and begin collection fees for the Fiscal Year 2026-2027 rates as outlined in the attached schedule.
The MSHCP Fees have been revised as follows:
FISCAL IMPACT:
ATTACHMENTS:
1. Calimesa MSHCP Letter and Fees FY 27
2. MSHCP Fee Reso 2026-14
April 28, 2026
Kelly Lucia, Planning Director
City of Calimesa
908 Park Avenue
Calimesa, CA 92320
RE: NOTICE TO IMPLEMENT THE MSHCP LOCAL DEVELOPMENT MITIGATION FEE CPI ADJUSTMENT FOR FISCAL YEAR 2027
Dear Kelly Lucia:
In accordance with the MSHCP Mitigation Fee Implementation Manual and past practice, the MSHCP Local Development Mitigation Fee (LDMF) adjusts annually by the change in the Consumer Price Index (CPI). Fee ordinances and resolutions adopted by the County of Riverside and cities pursuant to the MSHCP Implementing Agreement reflect this requirement. Based on the CPI increase for Riverside – San Bernardino – Ontario, CA, MSHCP fees will increase
3.2445% effective July 1, 2026.
Member Agencies are required to implement the automatic CPI adjustment, effective July 1, 2026, and begin collecting fees at the Fiscal Year 2027 rates, as outlined in the attached.
Outreach efforts to ensure local development mitigation fees are properly assessed include, but are not limited to, the following:
Updated fee forms are provided electronically to the Finance/Community Development/Planning Departments and posted to the RCA website at https://www.wrcrca.org/document-library/ Notification of the fee adjustment is posted the RCA website http://www.wrcrca.org/development-applications/permits-and-fees/ for public awareness. The MSHCP Mitigation Fee Implementation Manual is posted to the RCA website at https://www.wrc-rca.org/document-library/
MSHCP Mitigation Fee Implementation Manual FAQ and Accessory Dwelling Unit and Renovations (Additions) Decision Map are posted to the RCA website at https://www.wrcrca.org/document-library/ RCA staff developed LDMF fee training that is available to Member Agencies. If your agency would like additional training, please contact the RCA. The training PowerPoint can be found on the RCA website at https://www.wrc-rca.org/document-library/
Planning Director
April 28, 2026
If you have any questions or need additional information, please feel free to contact Jennifer Fuller, Deputy Director of Finance, at (951) 787-7141.
Sincerely,
Aaron Hake
Executive Director
Attachment
cc: Jeff Cervantez, RCA Board Member
Will Kolbow, City Manager
Bruce Foltz, Finance Director/City Treasurer
WESTERN RIVERSIDE COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN
LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE FOR
FISCAL YEAR 2027
(Effective July 1, 2026 – June 30, 2027)
Fee Category Fee
Residential, density less than 8.0 dwelling units per acre (fee per dwelling unit)
$4,632
Residential, density between 8.0 and 14.0 dwelling units per acre (fee per dwelling unit)
$1,931
Residential, density greater than 14.0 dwelling units per acre (fee per dwelling unit)
$854
Commercial (fee per acre) $20,846
Industrial (fee per acre) $20,846
RESOLUTION NO. 2026-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA,
CALIFORNIA, IMPLEMENTING THE PROPOSED MSHCP FEE CPI
ADJUSTMENT FOR FISCAL YEAR 2026-27 AS RECOMMENDED BY THE
WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY (RCA).
The City of Calimesa hereby finds and determines that:
WHEREAS, Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) contains a provision providing for an automatic annual fee adjustment based on the Consumer Price Index (CPI);
WHEREAS, the Riverside County Regional Conservation Authority (RCA) has recalculated the MSHCP Fee Schedule for member cities and the County to adopt; WHEREAS, the City of Calimesa is a member city of the Western Riverside County Regional Conservation Authority;
WHEREAS, adoption of the MSHCP fees will ensure that all member cities and the County are on the same adjustment cycle in the following years; WHEREAS, per the U.S. Bureau of Labor Statistics, the CPI increased 3.2445% based on the CPI increase for Riverside - San Bernardino – Ontario, CA; and WHEREAS, the RCA has revised the fee schedule accordingly.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That each and all of the findings set forth above are adopted herein in full.
Section 2. That the City Council adopts the proposed MSHCP Fee CPI Adjustment for July 1, 2026
PASSED, APPROVED AND ADOPTED this 18th day of May 2026
_________________________________________
JEFF CERVANTEZ, MAYOR
ATTEST:
_________________
DARLENE GERDES, CITY CLERK
CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 6.
SUBJECT: Travel and Meeting Policy
MEETING DATE: May 18, 2026
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk Will Kolbow, City Manager
RECOMMENDATION:
That the City Council adopt Resolution No. 2026-15, A Resolution of the City Council of the City of Calimesa, California approving a new travel and meeting policy and rescinding Resolution No. 2011-19 in its entirety.
BACKGROUND:
At the May 16, 2011 City Council Meeting, the City Council adopted Resolution No. 2011-19 amending the City’s policy regarding expense reimbursement and use of public resources to clarify the standards for council expense budgets.
Policies must be established to set standards for internal controls and guidelines to carry out related procedure. Occasionally, it is necessary for City officials and/or personnel to travel to meetings to conduct City business, attend conferences, training seminars and other work related events.
DISCUSSION:
Staff is recommending the adoption of a new Travel and Meeting Policy that complies with AB 1234 and the provisions of the Government Code related to reimbursement for reasonable, actual and necessary expenses of elected and appointed officials and City Employees.
The new policy is intended to supersede all previous travel related policies.
Resolution No. 2026-15 repeals and supersedes Resolution No. 2011-19 and the provisions contained in Resolution 2026-15 are reflected in Exhibit A, which upon adoption becomes a restated travel and meeting policy.
FISCAL IMPACT:
ATTACHMENTS:
1. 2026 Calimesa Travel and Meeting Policy
2. Calimesa - Travel Policy Resolution
CITY OF CALIMESA
TRAVEL & MEETING POLICY
PURPOSE
The purpose of this policy is to establish a travel and expense policy for the City of Calimesa (City) elected officials and City employees when authorized to travel on official City business. Non-City employees shall not be covered under this policy.
BACKGROUND
Occasionally, it is necessary for City personnel to travel to meetings to conduct City business, attend conferences, training seminars and other work-related events. To control the costs and compensate individuals for actual and necessary travel related expenses incurred for a bona fide business purpose, the City has established a travel policy.
POLICY
1. INTRODUCTION
(a) This policy applies to anyone who incurs travel expenses paid by the City of Calimesa.
This policy supersedes all previous travel policies.
1.2 Responsibility of Traveler
(a) City of Calimesa travelers are expected to spend funds sensibly and plan appropriately, so costs do not exceed budgets. Business travel expenses will be paid by the City when expenses are reasonable, appropriately documented, properly authorized, and within the guidelines of this policy. The traveler should neither gain nor lose personal funds as a result of travel.
(b) Travel providers such as Expedia, Kayak, Trivago, etc. are allowable for use provided that they provide the best value to the City. It is encouraged to use government rates where available. Booking the “conference hotel” usually offers the best rate and can cut down on travel costs. Early registration for conferences shall be a priority to the traveler. (c) If a check is issued by the City for reimbursement, the check shall be cashed by the traveler within six (6) months of the issue date.
1.3 Traveler and Approver Accountability
(a) Travelers shall not commit City funds until travel is approved in accordance with this policy.
(b) IMPORTANT: Travelers shall obtain permission from their own authorized approver prior to engaging in any work-related travel. The Finance Department is not responsible for authorizing travel for personnel in other departments. By signing any of the travel forms listed in this policy, authorized approvers have authorized their staff to travel for that single event.
(c) Any additional costs resulting from a traveler taking a companion on City travel shall not be reimbursed or paid by the City.
(d) Any additional costs related to traveling prior to or extending the stay beyond the time necessary to attend the approved meeting, conference, training, convention, and other functions shall not be reimbursed or paid by the City. Approving officials are expected to use appropriate discretion when authorizing their staff to travel to an event prior to the event.
(e) Travelers may not authorize reimbursement of their own expenses. The Department Head or designee should approve the reimbursement for all travel. The City Manager will approve travel for all Department Heads.
(f) Reimbursements shall not be requested and made to third parties, or non-employees. (g) The Travel Expense/Mileage Reimbursement form shall be submitted within 15 working days after returning from travel. In addition, no future travel advances will be issued during that fiscal year if Reimbursement forms are pending. Travel Expense/Mileage Reimbursement forms must be signed by the traveler, and authorized approver. (h) Travelers shall document all allowable and authorized travel-related expenditures with itemized receipts, invoices, or other acceptable documentation. Under no circumstance will the City provide reimbursement for an expense without the necessary receipt(s). (i) City Council Annual Expense Budgets. Each individual Councilmember will be allocated a specific amount of funds in the City’s annual budget to be used for Councilmember travel in the fiscal year of the budget. These funds will be referred to as the Councilmember’s Travel Budgets. The budgeted amounts will be reviewed, adjusted as necessary, and approved annually as part of the City budget preparation and adoption process. Once the Councilmembers’ Travel Budgets are approved for a fiscal year, each Councilmember may incur travel expenses for authorized categories of expenses and activities, as specified in Paragraph A of this Section, and consistent with the limitations contained in other sections of this Policy, up to the amount of the budgeted amount. Expenses allowed by this Policy that do not exceed the amount in the Councilmember’s Travel Budgets can be incurred without prior approval of the City Council. Expenses allowed by this Policy that exceed, or are anticipated to exceed, the amount in the Councilmember’s Travel Budget shall require advance approval by the City
Council. If an expense is incurred that causes the amount in the Councilmembers Travel Budget to be exhausted and that expense has not obtained the approval of the City Council prior to being incurred, the Councilmember shall obtain the approval of the Council for that expense prior to the Councilmember being reimbursed for the expense. As part of that City Council approval process, another Councilmember may authorize use of some or his or her unused Travel Budget for the use by another Councilmember.
(j) Expenses Requiring Prior City Council Approval.
The reimbursement of an expense in excess of $50 for any purpose other than as set forth in Section A hereinabove shall require prior approval of the City Council; Payments for international travel;
Expenses which exceed or are likely to exceed the Councilmember’s Travel Budget for the current fiscal year.
Credit Card Use Policy. City officials may use the City’s credit card, if one has been issued, for such purposes as airline tickets, meals and hotel reservations, by following the same procedures for cash advances. The five (5) day notice requirement may be waived by the City Manager in the event of an emergency. Receipts documenting expenses incurred on the City credit card and compliance with this policy must be submitted within five (5) business days of the end of use. City credit cards may not be used at any time for personal expenses, even if the official subsequently reimburses the City.
1.4 Travel Time
(a) Time traveled to and from the event for non-exempt (hourly) travelers during normal working hours will be counted as time worked. Generally, travel time to the event on City business is limited to the actual dates or a function plus reasonable travel time not to exceed a maximum of twenty-four (24) hours before and /or after the function. (b) No overtime will be provided for travel time to and from the event other than that mandated by the Federal Fair Labor Standards Act (“FLSA”) requirements and/or approved Memorandums of Understanding (MOU). Departments must be aware of the FLSA and MOU requirements when arranging for travel for all non-exempt (hourly) travelers. Travel-related overtime in connection with travel on City business requires authorization from the Supervisor.
2. TRANSPORTATION
2.1 Air Travel
(a) Generally, the lowest priced domestic coach class airfare is available with a 14-day
advance purchase. Reservations should be made as soon as travel plans are finalized to receive advance purchase discounts.
(b) Upgrades – City will not reimburse any upgrades from “economy class” to a higher traveling class. Free upgrades or upgrades paid by the traveler must be clearly documented as such in the Statement of Expense Report.
(c) Frequent flyer memberships should not influence travelers to select a flight that is not the lowest priced flight available.
(d) Frequent flyer miles earned by any traveler during City business travel may be retained by the traveler for business or personal use.
(e) Dues for membership in any airport/airline club are not reimbursable. (f) Airlines are responsible for compensating the owners of lost baggage. The City will not reimburse travelers for personal items lost while traveling on business unless approved by the City Manager.
(g) Employees will be reimbursed for excess baggage charges only when traveling with heavy, bulky materials or equipment necessary for business or when traveling for more than seven (7) days.
(h) When a trip is canceled after a ticket has been issued, the traveler should inquire with the issuing agent about using the ticket for future travel or processing a refund. The ticket will become property of City and will be used for City purposes only.
2.2 Rental Car
(a) Travelers may rent a vehicle to their business destination when driving is more convenient and less expensive than an airline (this must include the car rental, all additional rental fees and additional parking fees that may be incurred). Travelers must try to utilize a City vehicle whenever available prior to the rental. No mileage will be reimbursed on City vehicles.
(b) Reimbursement for gasoline will be allowed at regular gasoline rates when the rental company requires the vehicle to be returned with a full tank of gasoline. The City of Calimesa participates in the WEX State of California Fuel Card program under a contract.
The WEX Fuel Card is accepted at over 95% of fuel stations nationwide. WEX also provides a mobile app for fuel site mapping that may be used if travel is expected into rural areas and convenient fuel stations may be identified in advance. Other benefits include tax
exemption on applicable fuel transactions at the time of billing, online access to control and manage users, and roadside assistance available 24 hours a day . The traveler is responsible for adhering to all terms. Incurring consequential fees for not adhering to the rental terms shall not be reimbursed.
(c) Travelers may rent a vehicle at their destination when it is the most convenient or least expensive mode of transportation. Expensive rental rates and parking costs, in addition to the lack of available parking generally makes vehicle rental in large cities impractical.
Alternative mode of transportation such as public transit, taxis, Uber, Lyft, airport and hotel shuttles should be given first consideration.
(d) All travelers renting vehicles must comply with all rental agency requirements such as listing driver(s) on the rental agreement, age restrictions, location or state of operation, etc., as well as all state and local laws governing the operation of a motor vehicle.
Violations of any requirement of the law (such as driving under the influence, traffic violations, careless or reckless driving, or parking tickets) are the employee’s personal liability.
(e) Travelers are required to use intermediate or standard cars. Travelers are responsible for daily rental costs in excess of the approved class as stated above. When traveling in a large group greater than 4, a van, full size, or Sports Utility Vehicle may be rented.
When upgrades are available to the traveler they may be taken as long as there is no additional cost to the City.
(f) Only City employees, who are renting vehicles for business purposes, are covered under the City’s insurance plan. Spouses, friends and other non-employee listed rivers or passengers are covered only under insurance provided by the rental company or under their own personal insurance. Cost of insurance for these additional non-City employee individuals is not a reimbursable expense. The use of City vehicles is encouraged when available.
2.3 Personal Car Usage Guidelines
(a) Employees may use their personal car for business purposes if it is to save time, transport equipment or reduce costs when a number of people are traveling to the same destination.
(b) If a traveler chooses to use a personal car for travel to his/her destination, the cost must be less than or equal to coach class air fare and/or the cost of a rental car. These cost comparisons shall be documented, and reimbursement is limited to the lowest cost of the alternatives if a personal vehicle is utilized.
(c) The use of City vehicles is encouraged when available. (d) In addition, if more than one traveler is traveling to the same destination, they are encouraged to share transportation whenever possible. It is encouraged for travelers to carpool and thus claim one (1) mileage reimbursement. (e) Mileage will be reimbursed from either point of origin to point of travel, or from City Hall to point of travel, whichever distance is less. The Standard Mileage Rate for business is based on the IRS annual bulletin. Mileage will not be granted in advance and is only eligible for reimbursement.
(f) City employees who receive gas allowance from the City shall not be entitled to mileage reimbursement unless their trip exceeds forty (40) miles round trip from either point of origin to point of travel, or from City Hall to point of travel, whichever distance is less, in which case the employee will be reimbursed for the miles driven, less forty (40) miles. If the reimbursable amount is less that twenty dollars ($20.00), traveler shall not be entitled to mileage reimbursement.
(g) It is the responsibility of the owner of the vehicle being used for business purposes to carry adequate insurance coverage (state mandatory insurance requirement at minimum) for their protection and the protection of any passengers. When using a personal car for City business, an employee’s personal car insurance carrier is the primary insurance carrier. The City’s insurance will only cover up to the City’s statutory limits in liability claims.
(h) Travelers will be reimbursed for business usage of personal cars at the Federal Government’s IRS rate per mile and parking will be reimbursed.
2.4 Other Transportation
(a) The most economical mode of transportation should be used to and from airline terminals. Many major hotels provide free transportation to and from airports, travelers should inquire for this type of service. Public transportation and shuttle services should be considered. Employees traveling to same location should share ground transportation whenever possible.
(b) Under special circumstances, employees and/or management may be granted the permission to travel in a larger vehicle in order to facilitate the travel of larger groups and reduce the cost. The City Manager or designee may grant approval of such transportation.
(c) Itemized Receipts should be provided for all ground transportation expenditures.
Original Itemized receipts should be provided, when available, for reimbursement of taxi, shuttle, bus or other ground transportation fares.
2.5 Rideshare (Uber/Lyft) Use: Rideshare services (e.g., Uber and Lyft) may be used for business-related transportation when they are a reasonable and cost-effective alternative to taxis, rental cars, public transportation, or other approved ground transportation options.
a) When Rideshare is Allowed
• Travel between airports, hotels, offices, and business meeting locations • Local transportation during business travel when public transportation is impractical or unsafe
• Transportation when a rental car is not justified based on duration, cost, or parking constraints
b) Reasonableness and Cost Controls
• Employees must select the most economical option that meets business needs (e.g., standard ride options rather than premium/luxury options). • Shared ride options may be used when practical and when schedule, safety, and business needs allow.
• Premium services (e.g., Black/Lux/XL) are reimbursable only when justified (e.g., multiple travelers sharing a ride, luggage needs, accessibility needs, or lack of standard availability) and may require manager approval.
• Excessive surge pricing should be avoided when practical by adjusting timing or using alternative transportation.
c) Approval Thresholds
• Per-ride threshold: Rideshare expenses over $75 (before 18% tip) require prior manager approval.
• Daily threshold: Total rideshare spend over $150 in a single day requires manager approval and documentation of business necessity.
• Premium ride types: Use of premium categories (e.g., Black/Lux) requires prior manager approval unless the cost is comparable to standard service due to availability or safety considerations.
• Surge pricing: Rides booked during significant surge pricing that increase the fare by more than 50% over typical pricing require manager approval when a reasonable alternative exists.
• Exceptions: Approvals may be granted after the fact for documented circumstances such as safety concerns, late-night travel, cancelled flights, severe weather, or lack of practical alternatives.
d) Receipts and Documentation
• Employees must submit itemized receipts from the rideshare app showing the date, total fare, and any tip.
• The business purpose and names of any business travelers sharing the ride must be documented in the expense report.
• Cancellation fees are reimbursable only when due to a documented business reason; avoidable cancellation/no-show fees may be non-reimbursable. e) Prohibited Uses
• Reimbursement is limited to business-related travel.
• Routine commuting between home and the employee’s primary work location is not reimbursable unless expressly approved in advance as an exception. • Reimbursement will not be provided for costs associated with policy violations, fines, or damages caused by employee misconduct.
3. LODGING
(a) Travelers should use standard room accommodations. When making reservations for lodging costs, the traveler should inquire about educational or governmental discounts.
Most California hotels honor the City as a governmental agency and all travelers should make an effort in supplying this information to the hotel. (b) Lodging costs exceeding established U.S. General Services Administrative (GSA) rates may be reimbursed at a higher rate if a written statement explaining the reason for the expense is submitted by the department head to the City Manager along with the completed Travel Advance Request form. Lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the traveler.
(c) Non-mandatory hotel related fees for bundled services (such as resort and health club fees) are not reimbursable. Mandatory hotel related fees will be reimbursed with a submission of an itemized receipt.
(d) Travelers must submit an itemized check-out receipt. Booking receipts are not acceptable forms of documentation.
4. MEALS
(a) Per diem allowances must be requested at least two weeks in advance of the day funds are required, or there shall be no obligation on the part of the City for an advance. These funds will be distributed to the requestor no more than seven (7) days prior to the travel date.
(b) Per Diem costs for employees traveling out-of-town on City business shall be allowed for meals related to attendance at conventions, scheduled meetings, conferences, seminars, special assignments or an assignment when meals are not already provided by the event host and included with event registration at no additional cost. If it is determined that an event hosted meal only includes a continental breakfast, hors d’oeuvres, or appetizers, the traveler may request per diem in place of these servings but will have to provide documented information showing that the serving provided by the event host does not include a full meal.
(c) When out of town City business requires an employee to leave home one (1) hour earlier than normal worktime, the breakfast meal is allowable. When an employee is required to work out- of-town or is still in transit two (2) hours past a normal business day, the evening meal is allowable.
(d) The maximum allowance for meals per day is based on the current General Services Administration (GSA) rates, inclusive of taxes and tips. (e) The maximum amounts will be increased/decreased as the General Services Administration (GSA) Standard Meal Allowance rate is adjusted. (f) An event agenda as well as proof of event registration shall be submitted with any request for meal allowance to be eligible to receive any meal allowances, if available. (g) Where the cost of a meal is included as part of a registration charge or fee, no per diem allowance, nor reimbursement may be claimed for that meal. (h) No reimbursement shall be made for alcoholic or Cannabis infused beverages of any kind.
(i) Special situations may be considered on a case-by-case basis. A memo from the traveler to the department head is required and the department head’s approval must be attached to the Travel Advance Request form and the Travel Expense/Mileage Reimbursement form.
5. USE OF TRAVEL FORMS
5.1 The following list of forms may be applicable to travel authorization and expenses:
• Travel Advance Request Form
• Requisition for Credit Card (only when requesting use of Purchasing credit card) • Travel Expense/Mileage Reimbursement Form
5.2 Travel Advance:
(a) When a traveler requires advance pay for a planned trip on official City business, they shall fill out a Travel Advance Request form which shall be signed by both the traveler and the authorized approver with event documentation attached. By signing this form, the approver is authorizing both the travel and advance pay. When payment is being requested, the signed Travel Advance form and appropriate documentation shall be submitted to Finance for payment.
(b) If the traveler wishes to have expenses paid in advance by the Purchasing Division via credit card, the signed Travel Advance Request Form and appropriate documentation shall be submitted to the Purchasing Division with an approved Requisition for Credit Card.
(c) Upon completion of travel, a Travel Expense/Mileage Reimbursement Form must be filed per the requirements below. Failure to provide the required documentation will result in the denial of future advances.
5.3 Travel Expense/Mileage Reimbursement:
(a) All reimbursement requests must be accompanied by a Travel Expense/Mileage Reimbursement form. If no travel advance pay was requested/provided to the traveler before an authorized City business trip, the traveler may be reimbursed after their return by filling out a Travel Expense/Reimbursement form with all travel related itemized receipts and documentation attached. The Form shall be signed by both the traveler and an authorized approver. By signing this form, the approver has authorized both the travel and the reimbursable expenses to be paid out of their department’s budgeted account. The signed Form and appropriate documentation shall be submitted to Finance for payment in order for the traveler to be reimbursed by the City. (b) By signing any/all of these forms, the authorized approver has audited the forms, receipts, and other applicable documentation, and authorized the travel and payment to the traveler within the constraints of this policy and their budget accounts. (c) All travel forms, expense reimbursements and associated documents are considered public records, and are subject to disclosure under the California Public Records Act.
Penalties for the misuse of public resources or falsifying expense reports in violations of reporting policies may include, but are not limited to, the penalties specified in Government Code section 53232.4.
6. PROHIBITED ITEMS FOR REIMBURSEMENT
• Alcoholic or Cannabis infused beverages
• Upgrades to airline seating
• Dues/memberships to airline club(s)
• Personal items lost during travel
• Excess baggage charges (except as approved in the “air travel” section of the policy) • Upgrades from intermediate or standard rental vehicles • Insurance to cover non-City employee passengers
• Car repairs
• Rental car costs during repair of personal car
• Tickets, fines, or traffic violations
• Damage to personal vehicle
• Theft of personal vehicle or vehicle content
• Non-mandatory resort or health club fees at hotels
• Any personal expenses include, but not limited to the following:
o Dry cleaning
o Hotel movies
o Other entertainment
o Donations
• If requesting reimbursement for ANY items not mentioned in this policy, reimbursement will be subject to the approval of the City Manager.
RESOLUTION NO. 2026-15
A RESOLUTION OF THE CITY COUNCL OF THE CITY OF CALIMESA,
CALIFORNIA, APPROVING A NEW TRAVEL AND MEETING POLICY AND RESCINDING RESOLUTION NO. 2011-19 IN ITS ENTIRETY.
WHEREAS, the City must establish and maintain policies and procedures to set standards for internal controls and guidelines to carry out related procedures; and WHEREAS, the City Council of the City of Calimesa adopted Resolution No. 2006-05 establishing a policy regarding expense reimbursement and use of public resources in compliance with AB 1234 (Government Code Section 53232.2 and 53233.3); and
WHEREAS, the City Council of the City of Calimesa adopted Resolution No. 2011-19 amending the Policy relating to the approval and annual travel budgets for Councilmembers and to clarify when Councilmembers need to obtain City Council approval for travel expenses prior to the expense being incurred.; and WHEREAS, the City Council now desires to adopt a new resolution approving a new Travel and Meeting Policy that complies with AB 1234 and the provisions of the Government Code related to reimbursement for reasonable, actual and necessary expenses of elected and appointed officials and City Employees.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Calimesa City Council adopts Resolution No. 2026-15 approving a new Travel and Meeting Policy attached as Exhibit A.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 18th day of May, 2026. ________________________________
JEFF CERVANTEZ, MAYOR
ATTEST:
_________________________________________
DARLENE GERDES, CITY CLERK
Exhibit A
City of Calimesa Travel and Meeting Policy
CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 7.
SUBJECT: Award of a Public Works Contract For Community Development Block Grant Project NO. 5.CM.06-25, Calimesa Library Sidewalk Improvement, Phase II, Project NO. 2024-06
MEETING DATE: May 18, 2026
PREPARED BY: Kyle Coney, Maint. Superintendent
RECOMMENDATION:
That the City Council approve the Community Development Block Grant Project NO. 5.CM.06- 25, Calimesa Library Sidewalk Improvement, Phase II, Project NO. 2024-06 to S&H CivilWorks for the amount of $36,740.
BACKGROUND:
City Council is requested to award the contract to S&H CivilWorks for the Calimesa Library Sidewalk Improvement, Phase II, Project No. 2024-06. The project will improve ADA accessibility to the Calimesa Library along Calimesa Boulevard by constructing an ADA-accessible walkway extending from the library frontage to the intersection of Avenue K. The total project cost for the ADA improvements is $36,740. On December 2, 2024, the City Council approved an application for federal Community Development Block Grant (CDBG) funding, along with the project plan for the Calimesa Library ADA Improvement Project, Project No. 2024-06. The funding agreement with HWS provides $26,644 in CDBG grant funding toward the project.
DISCUSSION:
In June 2025, HWS approved the eligibility of the project and took it to the Riverside County Board of Supervisors to approve funding for the 2025–2026 Program Year, which included the City’s project, and on August 26, 2025, issued a supplemental agreement for signature. The project was advertised for bid, and a total of four bids were received. S&H CivilWorks submitted the apparent low bid in the amount of $36,740, with 4D Surface Management submitting the second-lowest bid in the amount of $41,797.
FISCAL IMPACT:
Council approved a preliminary construction budget of $39,180. Based on current year construction costs, the estimate is now $45,220. The agreement with HWS is for $26,644,
leaving the remainder of $18,576 to be funded from the City’s Public Works and ADA fund. S&H CivilWorks submitted a bid for the amount of $36,740 which will leave a total remainder of $10,096 to be funded by the City's Public Works and ADA Fund.
ATTACHMENTS:
1. 2024-06 BIDDERS LISTING
2. S&H Civilworks
3. Library ADA Improvement Ph. 2 Specs
#
BIDDER BID BOND? NON-COLLUSION
AFFIDAVIT?
Required Federal
Documents
TOTAL ITEMS
1 - 7 BID PRICE
1 S&H Civil Works
1801 Hilltop Drive
Colton, CA 92324
Yes Yes Yes $36,740.00
APPARENT LOW BIDDER
2 4D Surface Management, Inc
P.O. Box 123
Yucaipa, CA 92399
Yes Yes Yes $41,797.00
3 Jergensen Construction Inc.
9320 Daisy Road
Oak Hills, CA 92344
Yes Yes No $91,420.00
4 AZA Construction
4304 W. 149th Street
Lawndale, CA 90260
Yes Yes Yes $47,476.00
5 6
7 8
9 10
11 ` BIDDERS LISTING – City of Calimesa, 908 Park Ave., Calimesa, CA 92320 PROJECT NUMBER: RE-BID NO. 2024-06 Bid Opening 04/27/2026 – 10:00 a.m.
PROJECT NAME: Calimesa Library ADA Improvements Project ENGINEERS ESTIMATE: $52,790 STAFF PRESENT: Darlene Gerdes, Yaiza Benson, Mari Shakir & Kyle Coney
City of Calimesa, California
Contract Documents for the Construction of
CDBG Project #5.CM.06-25 CALIMESA
LIBRARY ADA IMPROVEMENT PROJECT,
PHASE II
Bid No. 2024-06
MARCH 2026
Prepared By:
City of Calimesa
for:
The City of Calimesa
Public Works Department
908 Park Ave
Calimesa, CA 92320
(909)795 9801
Mari Shakir, Director of Public Works
TABLE OF CONTENTS
SECTION PAGE
NOTICE INVITING SEALED BIDS A-1
INSTRUCTIONS TO BIDDERS B-1
PROPOSAL DOCUMENTS
Proposal C-1
Bid Schedule C-2
Addenda Acknowledgments C-4
Designation of Subcontractors C-5
References C-6
Bidders Information C-7
Non-Collusion Affidavit C-9
Bid Bond C-10
Bidders Violation of Laws/Safety Questionnaire C-11
Bidder Information Sheet C-12
CONTRACT AGREEMENT
Contract Agreement D-1
Faithful Performance Bond D-3
Material and Labor Bond D-4
Non-Collusion Affidavit D-5
Compensation Insurance Certificate D-6
GENERAL PROVISIONS
Scope of Work E-1
Location of Work E-1
Time of Completion E-1
Notification E-1
Emergency Information E-2
Standard Specifications E-2
Legal Relations and Responsibility to the City E-3
Prosecution and Progress of the Work E-7
Measurement and Payment E-9
Control of Work E-11
SPECIAL PROVISIONS
Part 1 - General Provisions SP-1
Part 2 - Construction Materials SP-22
Part 3 - Construction Methods SP-39
TECHNICAL SPECIFICATIONS TS 1-31
APPENDIX A Plan
APPENDIX B Special Federal Requirements
A-3
NOTICE INVITING SEALED BIDS
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II
BID NO. 2024-06
IN THE CITY OF CALIMESA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Calimesa as CITY, invites sealed bids for the above-stated project and will receive such bids in the offices of the City Clerk, 908 Park Avenue, Calimesa, California 92320, up to the hour of 10:00 am on APRIL 27, 2026, at which time they will be publicly opened and read in the Norton Younglove Multipurpose Senior Center.
Bidders’ site inspection is encouraged to view the existing repair prior to bidding.
All work must be completed within 30 (thirty) working days after the date of authorization specified in the Notice to Proceed and to diligently prosecute said work, including corrective items of work, day to day thereafter, except as adjusted by subsequent Contract Change Orders.
Digital copies of the contract documents (plans and specifications) may be obtained from the City of Calimesa’s website at www.calimesa.gov or from local planrooms.
Contractor shall schedule a required preconstruction meeting including County of Riverside Housing and Workforce Solutions, who manages the Community Development Block Grant Funding on behalf of the Federal Government. County will outline labor, payment and all Federal requirements for the project. All subcontractors and suppliers required to be listed in the bid must be present.
The successful Bidder shall perform, with its own organization, Contract work amounting to at least fifty percent of (50%) of the Contract bid items. However, any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” may be deducted from the Contract items before computing the amount of work required to be performed by the Contractor.
FEDERAL FUNDING
This project is being financed with Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (24 CFR Part 570) and subject to certain requirements including: compliance with Section 3 (24 CFR Part 135,) Economic Opportunities requirements; payment of Federal Davis-Bacon prevailing wages; Federal Labor Standards Provisions (HUD 4010); Executive Order #11246; and others.
Information pertaining to the Federal requirements is on file with the County of Riverside Department of Housing Homelessness Prevention and Workforce Solutions.
PREVAILING WAGES
The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project
A-4
Bid Documents (Special Federal Provisions), and copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents.
SEE APPENDIX B FOR ADDITIONAL REQUIRED BID DOCUMENTS. EXHIBITS B-4, B-7, B-8 AND B-9 ARE REQUIRED TO BE INCLUDED IN BID SUBITTALS.
Pursuant to Section 1773 of the Labor Code, the State prevailing wage rates for this contract will be determined by the Director of the California Department of Industrial Relations (DIR) and are online at http://www.dir.ca.gov/DLSR/PWD but not printed in the Specifications. In addition, the bidder’s attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him.
This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code Section 12990. The CITY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.
For any conflict of Interest in the procurement of supplies, equipment, construction, and services by sub-recipients, the conflict- of-interest provisions in 24 CFR 85.36, OMB Circular A-110, and 24 CFR 570.611 shall apply. No employee, officer, or agent of the sub-recipient shall participate in the selection, award, or administration of a contract if a conflict of interest, real or apparent, is determined.
Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside.
The bid must be accompanied by certified or cashier's check, or bidder's bond, made payable to the CITY for an amount no less than 10 percent of the amountbid.
The successful bidder shall be licensed in accordance with Provisions of the Business and Professions Code and shall possess a State Contractor's License, Class A, at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the City of Calimesa and register as required by Labor Code s1725.5 with the Department of Industrial Relations as a Contractor or Subcontractor involved with Public Works Projects.
The CITY reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of 90 days.
A PROJECT SIGN will be installed on the project site. Sample Sign is included in Federal Specifications; Appendix B. Contractor shall supply and install the sign. The contractor shall maintain sign during the length of the contract.
A Payment Bond in an amount not less than 100% of the contract amount is required, as
B-1
INSTRUCTIONS TO BIDDERS
AVAILABILITY OF CONTRACT DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project Contract Documents which may be obtained from the City as indicated in the Notice Inviting Bids.
The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents and register as a plan holder if they decide to submit a Bid for the Project.
EXAMINATION OF CONTRACT DOCUMENTS
Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the Bidding period, and for informing itself with respect to local labor availability, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.
PROPOSAL FORMS
Bids shall be submitted in writing on the Proposal forms provided by the CITY. The use of substitute Bid forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL OR TYPEWRITER IS REQUIRED.
The CITY will not consider any proposal not meeting these requirements and deviations in the Bid form may result in the Bid being deemed non-responsive.
PROPOSAL GUARANTEE
Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the CITY in the amount not less than 10 percent of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the CITY. The proposal
B-2
guarantees of all bidders will be held until the successful bidder has properly executed all contract documents.
DELIVERY OF PROPOSAL
Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "SEALED BID:
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II
BID #2024-06
IN THE CITY OF CALIMESA –
DO NOT OPEN WITH REGULAR MAIL."
The City of Calimesa
Public Works Department
908 Park Ave
Calimesa, CA 92320
Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the CITY'S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered.
WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the CITY'S designated official prior to the bid-opening hour stipulated in the Notice Inviting Sealed Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.
IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic communication requesting a proposal modification, or a withdrawal of a submitted proposal will be considered.
TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.
DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime
B-3
contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code; and who do not possess a State Contractor's License, Class A, or are not registered as required by Labor Code s1725.5 with the Department of Industrial Relations as a Contractor or Subcontractor involved with Public Works Projects at the time of bid submittal.
DISCREPANCIES AND MISUNDERSTANDINGS
Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the CITY and clarified prior to the submission of proposals.
EQUIVALENT MATERIALS
Approval of equipment and materials offered as equivalents to those specified must be obtained in writing from the CITY prior to the opening of bids. Requests for consideration of equivalents must be submitted in writing allowing sufficient time consistent with Public Contract Code s7106 for complete consideration of all specifications, samples, references, tests, and other details to the full satisfaction of the CITY.
LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other Contract Documents related thereto, and to full compliance with the regulations and the conditions stated within said Plans, Specifications, and related Contract Documents.
Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et seq. for each craft, classification, or type of workman required as set forth by the Director of Industrial Relations of the State of California.
AWARD OF CONTRACT
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City will award the contract. The award of contract, if made, will be to the lowest responsible bidder as determined solely by the CITY. Additionally, the CITY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of 60 days, all as may be required to provide for the best interests of the CITY. In no event will an award be made until all
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necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. All bids will be compared with the Director 's Estimate prepared by or under the direction of the City Director of the City of Calimesa.
EXECUTION OF CONTRACT
The bidder to whom award is made shall execute a written contract with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bond required by the Specifications within ten calendar days after receipt of the Contract from the City. Failure or refusal to enter into a contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder’s guaranties shall be likewise forfeited to the City.
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PROPOSAL
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II
BID NO. 2024-06
IN THE CITY OF CALIMESA
TO THE CITY OF CALIMESA, as CITY
In accordance with CITY'S Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above-stated project as set forth in the Plans, Specifications and Contract Documents related thereto, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bidders and all other Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lumpsum prices set forth in the following Bid Schedule signed by the Bidder or the Bidder’s representative. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to CITY of the guarantee or surety bond accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE
CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND/OR TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump-sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10-working days after the date of the CITY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the CITY and this bid and the acceptance hereof may, at the CITY'S option, be considered null and void.
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BID SCHEDULE
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II
BID NO. 2024-06
IN THE CITY OF CALIMESA
BIDDER: (Company Name)
Bid Schedule
Item
No.
DESCRIPTION OF
CONSTRUCTION ITEMS QTY UNIT UNIT COST TOTAL
1 CONSTRUCT 6"CURB AND GUTTER PER
SPPWC STANDARD PLAN 120-2 TYPE
A2-6 64 LF
$ $
2 CONSTRUCT 4" PCC SIDEWALK 375 SF
$ $
3 CONSTRUCT ADA RAMP 1 EA
$ $
4 SAWCUT, REMOVE AND DISPOSE OF
EXISTING CONCRETE 192 SF
$ $
5 SAWCUT, REMOVE AND DISPOSE OF
EXISTING CONCRETE CURB &
GUTTER 64 LF
$ $
6 CONSTRUCT 6" CONCRETE DRIVE
APPROACH ON COMPACTED
SUBBASE 313 SF
$ $
7 REMOVE AND RELOCATE EXISTING
STREET NAME, STOP SIGN AND POST 1 EA
$ $
TOTAL FOR BID SCHEDULE
(ITEMS 1- 7) $
(WORDS) (FIGURE)
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ADDENDA ACKNOWLEDGMENT
The undersigned acknowledges receipt of the following ADDENDA and the cost if any, or such revisions have been included in the TOTAL BID of the Bidding Schedule (s).
ADDENDUM NO. , DATED
ADDENDUM NO. , DATED
ADDENDUM NO. , DATED
ADDENDUM NO. , DATED
Name of Bidder
Address
State License No. Telephone No.
By:
Signature
Title
Date the day of ,
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DESIGNATION OF SUBCONTRACTORS
BlDDER proposes to subcontract certain portions of the work which are in excess of one-half of 1 percent of the total amount bid or $10,000, whichever is greater, as follows:
NAME, ADDRESS, AND TELEPHONE
NUMBER OF SUBCONTRACTORS PORTION OF WORK
Prior to award of contract, Contractor shall submit a list of suppliers and vendors in writing to the City Director.
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REFERENCES
The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past 2 years:
1. Name and Address of Owner
Name and telephone number of person familiar with project Contract amount Type of work Date completed
2. Name and Address of Owner
Name and telephone number of person familiar with project Contract amount Type of work Date completed
3. Name and Address of Owner
Name and telephone number of person familiar with project Contract amount Type of work Date completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
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BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder's Name
Business Address
Telephone
State Contractor's License No. and Class
Original Date Issued Expiration Date
The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers who have a principal interest in this proposal:
The dates of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal, or any firm, corporation, partnership, or joint venture of which any principal having an interest in this proposal was an owner, corporate officer, partner, or joint venture are as follows:
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
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IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all afore-named principals on this day of , 20 .
BIDDER
Subscribed and sworn to this day of , 20 .
NOTARY PUBLIC
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NON-COLLUSION DECLARATION
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II
BID NO. 2024-06
IN THE CITY OF CALIMESA
The undersigned declares:
I am the ___________________ of ________________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed
on ____________ [date], at _________________________[city], ___________________[state]. __________________________________
Signature
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PROPOSAL GUARANTEE
BID BOND
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II
BID NO. 2024-06
IN THE CITY OF CALIMESA
KNOW ALL MEN BY THESE PRESENTS that , as BIDDER, and
, as SURETY, are held and firmly bound unto the City of Calimesa, as CITY, in the penal sum of Dollars ($ ), which is 10 percent of the total amount bid by BIDDER to CITY for the above-stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to CITY for the above-stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of CITY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of ,20 .
BIDDER*
SURETY*
Subscribed and sworn to this day of , 20 .
NOTARY PUBLIC
* Provide BIDDER/SURETY name, address, telephone number and the name, title, address, and telephone number for authorized representative. (SEAL AND NOTORIAL ACKNOWLEDGMENT OF SURETY)
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BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Proposal Herein ever been disqualified, removed, or otherwise prevented from bidding on or completing a Federal, State, or local government project because of a violation of law or safety regulation?
Yes No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and the signature portion of the Proposal shall constitute signature of this questionnaire
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CITY OF CALIMESA BIDDER
INFORMATION SHEET
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II
BID NO. 2024-06
IN THE CITY OF CALIMESA
Bid Opening Date: , 20__
Project Title: CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II
UDBE Goal for Contract (if any): None
The following information is requested for all contractors who provide a bid, proposal, or quote, or who are contacted by the proposed prime contractor. If you are the apparent low bidder (or the second or third low bidder), the information should be submitted within four business days of the bid opening date. Information provided will be held in confidence.
Firm Name:
Address:
Contractor’s License Number and Class:
Telephone: Facsimile:
Years in Business: Is the firm currently certified as a DBE? Yes No → If yes, indicate certification status: Black American Asian-Pacific Islander Native American Woman
Hispanic American Sub-continent Asian American
and DBE Certification No.:
Contract items or description of work:
Dollar Amount of items bid on (this contract):
Gross Annual Receipts (last year):*
Less than $1 million
$1million - $5 million
$5 million - $10 million
$10 million-$15 million
Over $15 million
(Please duplicate this form and provide information on all bidders.) THE CITY OF CALIMESA THANKS YOU FOR YOUR ASSISTANCE.
*This information is requested pursuant to Federal law.
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CITY OF CALIMESA
CONTRACT AGREEMENT
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II
BID NO. 2024-06
IN THE CITY OF CALIMESA
This Contract Agreement is made and entered into for the above-stated project this day of , 20 , BY AND BETWEEN the City of Calimesa, as CITY, and , as CONTRACTOR, as
known herein as CONTRACTOR.
WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above- stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to
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pay the same at the time, in the manner, and upon the conditions set forth in the contract documents.
ARTICLE V
CONTRACTOR acknowledges the provisions of the California State Labor Code requiring 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 certifies compliance with such provisions.
Contractor further acknowledges the provisions of the California State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California.
ARTICLE VI
CONTRACTOR agrees to indemnify, defend, and hold harmless CITY, COUNTY and all of its officers and agents from any claims, demand or causes of action, including related expenses, attorney’s fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder.
HOLD HARMLESS CLAUSE
Contractor shall hold the City of Calimesa and County of Riverside, its officers, agents and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of principal, its officers, agents, employees or Sub-Contractors relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work required by the Contract Documents and agrees to defend at his expense, including attorney fees, Owner, County of Riverside, its officers, agents, employees and Independent Architect in any legal action based on any alleged acts or omissions.
ARTICLE VII
CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest herein the City of Calimesa, County of Riverside, IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of , 20__.
Special Federal Requirements
1. Contractor and Owner do hereby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations.
2. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.
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3. Contractor shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a-276, a5) and the implementation regulations thereof. Contractor shall comply with the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (HUD 4010).
4. Contractor acknowledges that work under this contract is subject to the payment of prevailing wages pursuant to Section 1770 and 1773 et seq. of the Labor Code of the State of California, the Director of Industrial Relations (State Prevailing Wages), and the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (Davis-Bacon Act Prevailing Wages).
The Contractor to whom the contract is awarded, and all subcontractors under him, shall pay the higher of the Federal or State prevailing wage rate for any given classification employed in the performance of this contract.
Contractor acknowledges that the applicable Wage Determination for this project is:
General Decision Number: CA 20260025
Modification Number: 1__
Date: _JANUARY 16, 2026______
Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and 2 CFR Part 200. Contractor, sub-contractors, Consultants, and sub-consultants agree to comply with, and are subject to, all applicable requirements as follows:
1. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race color, religion, sex, or national origin. Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.
2. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c: All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than
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$2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”).
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333: Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.
6. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).
7. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).
8. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
9. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Non-procurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list contains the names of parties debarred,
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suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.
10. Drug-Free Workplace Requirements—The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.
11. Access to Records and Records Retention: The Consultant or Contractor, and any subconsultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub-contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or subcontractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.
12. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
13. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).
14. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
CONTRACTOR:
(Title)
Contractor's License No. Class
CITY Business License No.
Federal Tax Identification No.
Subscribed and sworn to this day of , 20__ .
NOTARY PUBLIC
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CITY: ,
Date:
_
Mayor of the City of Calimesa
Attested ,
Date: _______________________
_
City Clerk of the City of Calimesa
Approved as to form _,
Date: _______________________
City Attorney of the City of Calimesa
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FAITHFUL PERFORMANCE BOND
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT,
PHASE II
BID NO. 2024-06
IN THE CITY OF CALIMESA
KNOW ALL MEN BY THESE PRESENTS that , as
CONTRACTOR and , as
SURETY, are held and firmly bound unto the City of Calimesa, as CITY, in the penal sum of Dollars
($ ), which is 100 percent of the total contract amount for the above-stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, and firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with CITY for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of CITY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20 .
CONTRACTOR*
SURETY*
Subscribed and sworn to this day of , 20 .
NOTARY PUBLIC
* Provide CONTRACTOR/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative.
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MATERIAL AND LABOR BOND
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II
BID NO. 2024-06
IN THE CITY OF CALIMESA
KNOW ALL MEN BY THESE PRESENTS that , as
CONTRACTOR, and , as
SURETY, are held firmly bound unto the City of Calimesa, as CITY, in the penal sum of Dollars ($ ) ,
which is 100 percent of the total contract amount for the above-stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, and firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with CITY for the above-stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the California State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons entitled to file claims under the California State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.
IN WITNESS WHEREOF the parties have set their names, titles, hands, and seals this day of , 20 .
CONTRACTOR*
SURETY*
Subscribed and sworn to this day of , 20 .
NOTARY PUBLIC
* Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative.
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NON-COLLUSION DECLARATION
TO BE EXECUTED BY EACH AWARDEE OF A PRINCIPAL CONTRACT
The undersigned declares:
I am the ___________________ of ________________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed
on ____________ [date], at _________________________[city], ___________________[state]. __________________________________
Signature
DCOMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City of Calimesa prior to performing any work on this contract:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I shall comply with such provisions before commencing the performance of the work of this contract.
Contractor
By
Title
Date
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GENERAL PROVISIONS
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II
BID NO. 2024-06
IN THE CITY OF CALIMESA
A. SCOPE OF WORK
The work to be done will consist of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and contract documents. The general items of work may include permits, clearing, grubbing, grading, construction of concrete curb and sidewalks, removal and construction of concrete pavement and improvements as required to construct the required improvements and all items not mentioned but indicated in the Plans, Specifications, and the Special Provisions within the Contract Documents.
B. LOCATION OF WORK
The general location and limits of the work are as follows: Within the City of Calimesa, California, fronting the Calimesa Library 964 Calimesa Blvd.
C. TIME FOR COMPLETION
The Contractor shall complete all work in every detail within 30 (THIRTY) working days after the date in the Notice to Proceed with the Work.
D. NOTIFICATION
The Contractor shall notify the public works staff at the City of Calimesa and the owners of all utilities and substructures not less than 48 hours prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct:
CITY OF CALIMESA – (909) 795-9801
Margaret Monson, Public Works Director
Mari Shakir
Patrick Palifox, Inspector
Kyle Comey, Public Works Supervisor
SOUTHERN CALIFORNIA EDISON M (909) 286-5961
Attention: Mr. Kevin Purdy
THE GAS COMPANY O (951) 303-5140
Attention: Mr. Adam Evantov
FRONTIER COMMUNICATIONS O (909)748-6674
Attention: Ms. Harmeet Kaur
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SPECTRUM COMMUNICATIONS O (562)677-0673
Attention: Mr. Scott Bernat M (714)497-9357
YUCAIPA VALLEY WATER DISTRICT O (909) 797-5117
Attention: Mr. Matt Porras
SOUTH MESA WATER COMPANY O (909) 795-2401
Attention: Mr. Dave Armstrong
UNDERGROUND SERVICE ALERT O (800) 227-2600
E. EMERGENCY INFORMATION
The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Director and the County Sheriff's Department prior to beginning work.
F. STANDARD SPECIFICATIONS
The project provisions applicable to this contract shall be those set forth in California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code (CPC), and 2022 California Electrical Code (CEC) & City Ordinance, the 2022 California Energy Code, California Energy Efficiency Standards and the Standard Specifications for Public Works Construction, Latest edition, including all supplements, published by Building News, Inc., 1612 South Clementine Street, Anaheim, California 92802, hereinafter referred to as "Standard Specifications." The Standard Specifications are referred to and by this reference are made a part hereof as though set forth at length.
The Contractor is required to comply with the Standard Specifications in addition to the conditions set forth in these General Provisions and Special Provisions.
The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract, except as amended by the Plans, Special Provisions, or other Contract Documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted and the section numbers of the Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring elaborations, amendments, specifying of options, or additions are called out.
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G. LEGAL RELATIONS AND RESPONSIBILITY TO THE CITY
1 – Laws to be Observed
The Contractor shall keep himself or herself fully informed on all existing and pending State and national laws and all municipal ordinances and regulations of the City, which in any manner affect those employed in the work, or the material used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having jurisdiction or authority over the same. The Contractor shall particularly observe all ordinances of the City in relation to the obstruction of streets or conduct of the work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic.
2 - Social Security Requirements
The Contractor shall furnish to the City satisfactory evidence that he and all subcontractors working for him are complying with all requirements of the Federal and State Social Security legislation. The Contractor, at any time on request, shall satisfy the City that the Social Security and Withholding taxes are being properly reported and paid.
3 – Prevailing Wages, Federal Wages, Davis Bacon
This is a municipal construction project. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail.
The contractor’s duty to pay state prevailing wages can be found under Labor Code Section 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment.
Conflict of Interest: In the procurement of construction, the conflict-of-interest provisions in (State LCA – 24CFR 85.36 and Non-Profit Organizations – 24 CFR
84.4), OMB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer, or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, is involved.
Apprenticeship Program: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices.
In accordance with the provisions of Section 1770 et seq., of the Labor Code, the Director of the Department of Industrial Relations of the State of California has
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ascertained the general Federal wages, Davis-Bacon applicable to the work to be done under contract for public improvement. The Contractor will be required to pay to all those employed on the project sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1 and 1776."
4 - Penalties
The Contractor shall comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.
5 - Working Hours
The Contractor shall forfeit, as penalty to the City, the sum of twenty-five ($25.00) dollars for each worker employed in the execution of the contract by Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than forty (40) hours in any one calendar week, in violation of the provisions of Article 3, Chapter 1, Part 7, Division 1 of the Labor Code (Section 1810 et. seq.)
6 - Apprentices
Apprenticeship Program: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices.
Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under Contractor. It shall be Contractor's responsibility to ensure that all persons shall comply with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards and administration of the apprenticeship program may be obtained from the Department of Industrial Relations, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
7 - Registration of Contractors
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Only a Contractor or Subcontractor licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code and as required by Labor Code s1725.5 with the Department of Industrial Relations shall be permitted to enter into a contract with the City for any public improvements. 8 - Permits and Licenses
The Contractor shall procure all permits and licenses, (including a Calimesa business license), pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the work. 9 - Patents
The Contractor shall assume all responsibility arising from the use of any patented, or allegedly patented materials, equipment, devices, or processes used on or incorporated in the work, and shall defend, indemnify, and hold harmless the City, and each of its officers, agents, and employees from and against any and all liabilities, demands, claims, damages, losses, costs, and expenses, of whatsoever kind or nature, arising from such use.
10 - Indemnity
The Contractor agrees to indemnify and hold harmless the City and others and to waive subrogation as set forth in the Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution executed concurrently herewith, a copy of which is attached hereto and incorporated herein by this reference.
11 - Notice
The address given in the Contractor's proposal is the place to which all notices to the Contractor shall be mailed or delivered. The mailing to or delivering at the above-named place of any notice shall be deemed sufficient service thereof upon the Contractor, and the date of that service shall be the date of such mailing or delivery. Such address may be changed at any time by written notice signed by the Contractor and delivered to the Director of Public Works. 12 - Contractor's Responsibility for Work
Until the final acceptance of the work by the City, by written action of the Director of Public Works or their authorized representative, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the work by the action of the elements or any other cause.
The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such
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injuries or damages arising from the sole negligence of willful misconduct of the City, its officers, agents, or employees. In the case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and the protection of work already completed and shall properly store and protect them if necessary and shall provide suitable drainage and erect temporary structures where necessary.
13 - Maintenance and Guarantee
(a) The Contractor hereby guarantees that the entire work constructed by Contractor under the contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make at Contractor's own expense any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of the City’s acceptance of the entire project, which is when the City Council directs staff to file a Notice of Completion, and to restore to full compliance with the requirements of these specifications, including any test requirements set forth herein for any part of the project or work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the Director of Public Works. The Contractor and Contractor's sureties shall be liable to the City for the cost thereof. (b) The guarantees and agreements set forth in subsection (a) shall be secured by a surety bond which shall be delivered by the Contractor to the City before the City’s acceptance of the project. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies admitted in the State of California and satisfactory to the City, in the amount of 100 percent of the contract. Said bond shall remain in force for a period of one (1) year after the date that the City accepts the project. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the contract to remain in force and effect for said amount until the expiration of said one (1) year period. If the Contractor wishes to pursue the option of extending the Faithful Performance Bond for an additional one (1) year period in lieu of a separate surety bond, the Contractor shall provide written evidence from the surety of such Faithful Performance Bo n d extension before the City’s acceptance of the project. Delivery of the one-year surety bond or proof of Faithful Performance Bond extension shall be a condition precedent to the City Council’s approval of the Notice of Completion. 14 - Cooperation
The Contractor is hereby notified that additional work within the work site may be scheduled during the course of this contract.
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The Contractor shall cooperate with these and other projects in accordance with Sections 5-6 and 7-7 of the Standard Specifications.
Compensation for compliance shall be included in the various items of work, and no additional compensation shall be allowed, therefore.
H. PROSECUTION AND PROGRESS OF THE WORK
1 - Work Schedule
Prior to the Notice to Proceed, the Contractor shall submit a work schedule to the Director of Public Works or their authorized representative for approval. Said schedule must show the dates of the expected start and completion of the various items of the contract work. The final schedule will be used as a controlling document throughout the construction period.
2 - Subletting and Assignment
The Contractor shall give Contractor's personal attention to the fulfillment of the contract and shall keep the work under Contractor's control. The Contractor shall not assign, transfer nor sublet any part of the work without the written consent of the City by the Director of Public Works or their authorized representative and of the surety of the Contractor's bond, and such consent of Surety, together with a copy of the subcontract, shall be filed with the Director of Public Works. No assignment, transfer, or subletting, even though consented to, shall relieve the Contractor of Contractor's liabilities under the contract. Subcontractors shall not be recognized as such, and all persons engaged in the project will be considered as employees of the Contractor, their work being subject to the provisions of the contract and the specifications. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the Director of Public Works or their authorized representative, said subcontractor shall be removed immediately from the project upon request by the Director of Public Works or their authorized representative, shall not again be employed on the work, and the Contractor shall be held liable for the deficient work.
The Contractor shall submit to the City a list with the names, addresses and telephone numbers of all subcontractors who will work under Contractor. 3 - Character of Workers
The Contractor shall employ none but competent foremen, laborers, and mechanics. Any overseer, superintendent, laborer, or other person employed on the work by the Contractor who is intemperate, incompetent, troublesome or otherwise undesirable, or who fails or refuses to perform the work in the manner specified herein, shall be removed from jobsite immediately and such person shall not again be employed on the work.
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4 - Agents or Foreman
In the absence of the Contractor from the site of the project, even if such is only of a temporary duration, Contractor must provide and leave at the site a competent and reliable English-speaking agent or foreman in charge. All notices, communications, orders, or instructions given, sent to, or served upon, such agent or foreman by the Director of Public Works or their authorized representative shall be considered as having been served upon the Contractor. 5 - Temporary Stoppage of Construction Activities
The Director of Public Works or their authorized representative shall have the authority to suspend the contract work, wholly or in part, for such a period of time as the Director may deem necessary, due to unsuitable weather, or to such other conditions as the Director considers unfavorable for the proper prosecution of the work, or for such time as the Director may deem necessary due to failure on the part of the Contractor or Contractor's workers to carry out orders or to perform any of the requirements of the contract. The Contractor shall immediately comply with such an order from the Director of Public Works or their authorized representative and shall not resume operations until so ordered in writing. 6 - Time of Completion and Liquidated Damages
If all the contract work is not completed in all parts and requirements within the time specified in the contract documents, the City shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the City. The Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of contractors, of subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually severe weather, delays of subcontractors due to such causes, or work suspensions directed by the Director of Public Works or their authorized representative provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the City, in writing, of the cause of the delay. The City will ascertain the facts and the extent of the delay, if any, and the finding thereon shall be final and conclusive. If the City deems it appropriate to assess the contractor liquidated damages, such damages shall be in the amount specified in this bid document.
7 - Suspension of Contract
If at any time, in the opinion of the Director of Public Works or their authorized representative, the Contractor fails to supply an adequate working force, manufactured articles, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in any by the terms of the contract, notice thereof in writing will be served upon Contractor, and should Contractor neglect or refuse to provide means for a
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satisfactory compliance with the contract within the time specified in said notice and as directed by the Director of Public Works or their authorized representative, the Director of Public Works or their authorized representative shall have the power to suspend the operation of the contract and discontinue all work or any part thereof, subject to review by the City Council. Thereupon the Contractor shall discontinue such work, or such part thereof as the City may designate, and the City may thereupon, by contract or otherwise, as it may determine, complete the work or such part thereof, and charge the entire expense of so completing the work or any part thereof to the Contractor, and for such completion the City itself or its Contractors may take possession of and use, or cause to be used in the completion of the work, or any part thereof, any such materials, implements and tools of every description as may be found at the place of such work. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the contract, or any part thereof, and in such accounting the City shall not be held to obtain the lowest figure for the work for completing the contract, or any part thereof, or for ensuring its proper completion, but all sums paid therefor shall be charged to the Contractor. In case the expenses so charged are less than sum which would have been payable under the contract, if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference, and in case such expense shall exceed the amount payable under the contract, then the Contractor shall pay the amount of the excess to the City, upon completion of the work, without further demand being made therefor. In the determination of the question as to whether or not there has been any such noncompliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract.
I. MEASUREMENT AND PAYMENT
1 - Measurement and Payment
Measure of the quantities of work and payments therefore shall be in accordance with Section 9 of the Standard Specifications. In accordance with Subsection 9-
3.2 of the Standard Specifications, the monthly payment date shall be the last calendar day of each month. A measurement of work performed, and a progress estimate of the value thereof based on the contract and of the monthly payment shall be prepared by the Contractor and submitted to the Director of Public Works or their authorized representative before the tenth day of the following month for verification and payment consideration.
2 - Final Invoice and Payment
Whenever in the opinion of the Director of Public Works or their authorized representative, the Contractor shall have completely performed the contract; the Director of Public Works shall notify the City Clerk that the contract has been completed in its entirety. The Contractor shall then submit to the Director of
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Public Works or their authorized representative for approval, a written statement of the final quantities of contract items for inclusion in the final invoice. Upon receipt of such statement, the Director of Public Works or their authorized representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which in the Director of Public Works or their authorized representative' opinion shall be just and fair, covering the amount and value of the total amount of work done by the Contractor, less 5 percent (5 percent) of the total work done. After receipt of a one-year warranty bond in accordance with the requirements herein, the Director of Public Works shall then request that the City accept the work and that the City Clerk be authorized to file, on behalf of the City in the office of the Riverside County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor.
On the expiration of thirty-five (35) days after the date of recording the Notice of Completion, the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the invoice all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract and shall release the Faithful Performance Bond and Labor and Material Bond.
The Contractor may, at Contractor's sole cost and expense, substitute securities equivalent to any monies withheld by the Owner as provided in California Public Contract Code Section 22300. No such substitution shall be accepted until all documents related to such substitution are reviewed and found acceptable by the Owner's attorney.
3 - Extra Work
Extra work, when ordered in writing by the Director of Public Works or their authorized representative and accepted by the Contractor, shall be paid for underwritten work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the Director of Public Works or their authorized representative. All extra work shall be adjusted daily upon report sheets prepared for the Director of Public Works or their authorized representative, furnished by the Contractor, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done.
The first sentence of Subsection 3-3.2.2.2 Basis for Establishing Costs, (a) Labor, of the Standard Specifications, is hereby deleted and replaced with the following:
The costs of labor will be the actual cost of wages of workers performing the extra work at the time the extra work is done, plus the applicable labor surcharge as set forth in the California Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates,” which is in effect on the date
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upon which the work is accomplished, as well as assessments or benefits required by lawful collective bargaining agreements.
4 - 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 which claims of lien may be filed for record as prescribed by the Code of Civil Procedure of the State of California, any person or persons claiming to have performed any labor or furnished any materials, supplies or services towards the performance of completion of this contract or if they have agreed to do so, shall file with the City a verified statement of such claim, or if any person shall bring against the City or any of its agents any action to enforce such claim, the City shall until the discharge thereof, withhold from the moneys that are under its control, as much as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the cost thereof; provided, that if the City shall in its discretion permit the Contractor to file such additional bond as is authorized by the Code of Civil Procedure in a penal sum equal to one and one- quarter times the amount of said claim, said money shall not thereafter be withheld on account of such claim. 5 – Acceptance
The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials.
Further, the certificate or final payment shall not terminate the Contractor's obligations under the warranty here in above. The Contractor agrees that payment of the amount due under the contract and the adjustments and payments due for any work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of work performed under the contract or any alteration thereof.
J. CONTROL OF WORK
1 - Authority of the Director of Public Works
The Director of Public Works or their authorized representative shall decide any and all questions that may arise as to the quality and acceptability of materials furnished and work performed as to the manner of performance and rate of progress of the work, and any and all questions which may arise as to the interpretation of the plans and specifications. The Director of Public Works or their authorized representative shall likewise decide any and all questions as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensations.
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The decision of the Director of Public Works or their authorized representative shall be final, and he shall have relative authority to enforce and make effective such decisions and actions necessary as the Contractor fails to carry out promptly.
For the purposes of routine and normal supervision and coordination of work, the Director of Public Works or their authorized representative is the City's authorized representative for all work within the scope of this agreement. 2 - Conformity with Plans and Allowable Variation
Finished surfaces shall in all cases conform to the lines, grades, cross-sections, and dimensions shown on the plans. Minor deviations from approved plans, whenever required by the exigencies of construction, shall be determined in all cases by the Director of Public Works or their authorized representative and authorized in writing. All such deviations shall be recorded on “as-built” plans and submitted to the Director of Public Works or their authorized representative upon project completion.
3 - Progress of the Work
The Contractor’s working days shall begin on the date stated in the Notice to Proceed which will be issued following the scheduling conference. The Contractor shall diligently prosecute the work to completion before the expiration of the time limit appearing in the specifications.
4 - Samples
The Contractor shall furnish all products and materials required to complete the work. All materials and products must be of the specified quality and fully equal to samples, when samples are required. Whenever required, the Contractor shall submit to the Director of Public Works or their authorized representative for test, and free of charge, samples of any one of the materials or products proposed to be used in the work. Said samples shall be delivered by the Contractor to the place within the City designated by the Director of Public Works or their authorized representative. Rejected materials must be immediately removed from the work by the Contractor and shall not again be brought back to the site.
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5 - Trade Names and Alternatives
For convenience in designation on the plans or in the specifications, certain equipment or articles or materials to be incorporated in the work may be designated under a trade name of manufacturer and the catalog information. The use of alternative equipment or an article or equipment which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the approval of the Director of Public Works or their authorized representative, in accordance with the following required by Section 3400 of the Public Contract Code of the State of California:
The burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and Contractor shall furnish, at Contractor's own expense, all information necessary or related thereto as required by the Director of Public Works or their authorized representative. The Director of Public Works or their authorized representative shall be the sole judge as to the comparative quality and suitability of alternative equipment or articles or materials and the Director's decision shall be final. All requests for substitution shall be submitted, together with all documentation necessary for the Director to determine equality, within 20 days following the award of the contract.
6 - Protection of Work
The Contractor shall continuously maintain adequate protection of all Contractor’s work from damage, and the City will not be held responsible for the care or protection of any material, equipment, or parts of work, except as expressly provided for in the specifications.
7 - Conflict of Terms
The notice to bidders, proposal, plans, specifications, and General Provisions are essential parts of the contract for a given project. These documents, together with the necessary bonds and bidder's guarantee, constitute the contract as defined herein, and a requirement included in one document shall be as binding as though included in all, as they are intended to be cooperative and to provide a description of the work to be done. Should there be any conflict or discrepancy between terms used, then the specifications shall govern over plans, and change orders and supplemental agreements shall govern over any other contract document.
8 - Interpretation of Plans and Specifications
Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the plans or in the specifications, the Contractor shall request the Director of Public Works or their authorized representative for such further explanation as may be necessary, and shall
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conform to such explanation or interpretation as part of the contract, so far as may be consistent with the intent of the original specifications. In the event or doubt of questions relative to the true meaning of the specifications, reference shall be made to the City Council, whose decision thereon shall be final. 9 - Increases and Decreases of the Work to be Done
The City reserves the right to increase or decrease the quantity of any item or portion of the work described on the plans, the specifications or the proposal form or to omit portions of the work so described, as may be deemed necessary or expedient by the Director of Public Works or their authorized representative and the Contractor shall agree not to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done.
10 - Alterations of the Work to be Done
By mutual consent of the party’s signatory to the contract, alterations, modifications, or deviations from the type of work may be described on the plans, specifications or on the proposal form may be made without in any way making the contract void. The price to be paid by the City to the Contractor for such altered or modified work shall be agreed upon in writing, endorsed upon the original contract and signed by the proper parties to said contract.
Whenever, during the progress of the work, such changes or modifications are deemed necessary by the Director of Public Works or their authorized representative and agreed upon, as aforesaid, aid deviations shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions, and provisions of the original contract. 11 - Extra Work
New and unforeseen work will be classed as extra work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears on the proposal form. The Contractor shall not do any extra work except upon written order from the Director of Public Works or their authorized representative. Compensation for such extra work shall be previously agreed upon in writing between the Contractor and the Director of Public Works or their authorized representative.
12 - Public Utilities
(a) All of the existing utility facilities except those to be relocated as shown on the plans will remain in place and the contractor will be required to work around said facilities. In case it should be necessary to remove the property of a public utility or franchise, such owner will, upon proper application by the Contractor, be notified by the Director of Public Works or their authorized representative to move
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such property within a reasonable time, and the Contractor shall not interfere with said property until after the expiration of the time specified. The right is reserved to the owners of public utilities or franchises to enter upon the project site for the purpose of making repairs or changes in their property which may be necessary as a result of the work. The Contractor shall also schedule and allow adequate time for those relocations or modifications necessary for the project by the respective utility owners. Employees and agents of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements.
(b) The Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison secondary, primary and transition facilities. The term "qualified person" shall mean one who by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by any subcontractors.
13 - Procedure In Case of Damage to Public Property
Any portions of curb, gutter, sidewalk, or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at Contractor's own cost, free of charges to the City. The cost of additional replacement of curb, gutter, or sidewalk in excess of the estimated quantities shown in the proposal form and specifications, and found necessary during the process of construction, (but not due to damage resulting from carelessness on the part of the Contractor during Contractor's operation), shall be paid to the Contractor at the unit prices submitted in his bid. 14 - Removal of Interfering Obstructions
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it is understood that the cost of said removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing work. 15 - Quality of Material
Materials shall be new, and of specified kind and quality, and fully equal to samples when samples are required. When the quality or kind of material or articles shown required under the contract is not particularly specified, the Contractor shall estimate that the City will require articles and materials representing the best of their class or kind or at least equal to the class or quality of similar articles or materials when specified. Materials shall be furnished in such quantities and kinds and at such times as to ensure uninterrupted progress for the work. They shall be stored properly and protected as required. The Contractor shall be entirely responsible for damage or loss by weather or any other cause.
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16 - Removal of Defective or Unauthorized Work
It is the intent of the specifications that only first-class work, materials and workmanship will be acceptable. All work which is defective in its construction or deficient in any of the requirements of the specifications 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 shown on the plans or established by the Director of Public Works or their authorized representative, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Upon failure on the part of the Contractor to comply forthwith with any order of the Director of Public Works or their authorized representative made under the provisions of this paragraph, the Director of Public Works or their authorized representative shall have authority to cause defective work to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the work is found to be in compliance with these specifications, the Director of Public Works or their authorized representative will furnish the Contractor with a certificate to that effect. 17 - Supervision
All manufactured products, materials and appliances used and installed, and all details of the work shall at all times be subject to the supervision, test and approval of the Director of Public Works or their authorized representatives. The Director of Public Works or their authorized representatives shall have access to the work at all times during construction and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials used or employed in the work.
Whenever the Contractor varies the period during which work is carried on each day, he shall give adequate notice to the Director of Public Works or their authorized representative so that proper inspection may be provided. Any work done in the absence of the Director of Public Works, or their authorized representative will be subject to 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, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have previously been accepted or estimated for payment.
The Contractor shall prosecute work on any State highway or with any railroad right-of-way only in the presence of an inspector representing the State Division of Highways or the railroad company, and any work done in the absence of such inspectors will be subject to rejection. The Contractor shall make the appropriate notification according to the instructions given on the State Encroachment Permit or railroad permit for all inspections and shall post all bonds and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor's expense. The Contractor shall pay for all testing and inspections required by a State Encroachment Permit or railroad permit.
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18 - Soil Compaction Testing
Any soil compaction testing, and certification shall be certified by a Geotechnical Engineer and provided and paid for by the City. Any costs borne due to failed compaction tests will be the responsibility of the Contractor. 19 - Preservation of Property
Existing improvements in areas adjoining the property whereon demolition and removal is being performed shall be protected from injury or damage resulting from operations of the Contractor and the Contractor shall be responsible for such damage. In like manner any building, structure, tree, shrub, or other item designated for preservation on the property where demolition and removal are being performed shall be similarly protected and preserved. 20 - Dust Control
The Contractor shall provide such dust laying equipment and methods as may be required to protect adjacent property from annoyance or damage from dust caused by his operations, and failure to control such dust shall be cause for the Director of Public Works or their authorized representative to stop the work until said dust is controlled, and the Contractor shall have no recourse to collect from the City for any loss of time or expense sustained by him due to such suspension of work.
The contractor shall clean all areas affected by his/her work in a manner which is acceptable by the Director of Public Works or his/her designee. If the City is not satisfied with the cleaning work, the city may urgently hire another cleaning crew to clean the area and back-charge the contractor for all cost incurred to the City including City staff time.
21 - Selected Materials
Existing materials excavated within the project limits that meet the specifications for trench backfill, topsoil, or other selected materials may be used to fulfill all or a portion of the requirements for such materials. No additional compensation will be allowed for excavation, stockpiling, overhaul, or placing selected materials encountered in the excavation.
22 - Surplus Materials
The Contractor shall furnish written consent from the owner of the property where it is intended to dispose of the surplus material. Surplus excavation shall become the property of the Contractor.
23 – Clean Up
During all phases of construction, the Contractor shall maintain a clean work site; the Contractor shall be responsible for the removal and disposal of all concrete, asphalt, tree roots, and any other debris resulting from the work performed on a
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daily basis. Full compensation for cleanup p shall be considered as included in the prices paid for the various contract items.
24 - Equipment Requirements
The Contractor shall provide a lead car with a "Wide Load" warning sign to lead the movement of any equipment exceeding 7 feet in maximum horizontal dimension over any street to the location of the scheduled work site. Equipment will be subject to a fine of one hundred dollars for each violation as determined by the Director of Public Works or their authorized representative. Any other violations shall be subject to the Vehicle Code of the State of California. Full compensation for the cost of furnishing the lead vehicles and adhering to the requirements of this section shall be considered as included in the prices for the various contract items of work, and no additional compensation will be allowed therefore.
25 - Protection of Work and Public
The Contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the work. The Contractor shall repair all damaged parts of the project as a result of vandalism (i.e., vehicle tracks, footprints, writing, etc.) and will respond to alleged damage to private property including City owned facilities and/or vehicles within twenty-four (24) hours of notification. If deemed necessary by the City, the Contractor shall repair the defective area in accordance with these Special Provisions. In addition, Contractor shall provide for entrance to City buildings during business hours and a pedestrian path of travel to each entrance.
26 - Sprinkler Systems
Any sprinkler system damaged during the Contract shall be repaired by the Contractor at no additional cost within 24 hours of notification. All damaged sprinkler and irrigation parts shall be replaced in kind. If repair is not completed within said limit, the City shall have the authority to complete such work and deduct cost plus 20 percent administration thereof from any moneys due or to become due to the Contractor. Furthermore, a penalty of $500 per day shall be applied for each day beyond the 24-hour period that the damaged irrigation system has not been repaired to function properly (as determined by the City’s inspector). 27 - Contractor’s Superintendent and Project Manager
The Contractor shall designate in writing and keep on the work at all times during its process a competent, full-time, technically qualified superintendent, who shall not be replaced without written notice to the Director of Public Works or their authorized representative except under extraordinary circumstances. The Contractor’s superintendent shall be present at the site of the work at all times while work is in progress. The Superintendent’s sole duties shall be to supervise a full work crew and coordinate activities pertaining any work performed by the Contractor or its subcontractors including but not limited to slurry sealing and
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striping and marking, including traffic control and public notifications. Failure to observe this requirement shall be considered as suspension of the work by the Contractor until such time as such superintendent is again present at the site.
The Director of Public Works or their authorized representative shall have the right, at any time, to direct a change in the Contractor’s superintendent, if the performance is unsatisfactory, as determined by the Director of Public Works or their authorized representative, in its sole discretion.
The Contractor shall designate in writing and keep on the work at all times during its process a competent, full-time, technically qualified project manager, who shall not be replaced without written notice to the Director of Public Works or their authorized representative except under extraordinary circumstances. The Contractor’s project manager shall be responsible for overall administration and coordination of the work including, but not limited to processing of schedules, discussion of change orders and extra work and coordination and distribution of the Daily Reports. The Director of Public Works or their authorized representative shall have the right, at any time, to direct a change in the Contractor’s project manager, if the performance is unsatisfactory, as determined by the Director of Public Works or their authorized representative, in its sole discretion.
The Contractor’s superintendent shall have a working multi frequency two-way radio with adequate range for City-wide communication on him/her at all times during the course of the project. The Contractor shall provide to the City’s Construction Observers, a small portable working, multi-frequency two-way radio compatible for communication with that of the Contractor’s Superintendent’s communication device and a charger. The Contractor shall also provide to each of the City’s Construction Observers, a portable cellular telephone, two cell telephone batteries and charger and pay for service for the duration of the project.
The Contractor shall only choose a carrier that has adequate coverage in the area. All telephone calls will only be project related. Failure to observe this requirement shall be considered as suspension of the work by the Contractor until such time as said radio communication is re-established. The cost for furnishing radios and phones shall be considered as included in the bid price paid for the various contract items of work, no additional compensation will be made, therefore. Said radios and cellular telephones will be returned to the Contractor after the completion of the project. The City will endeavor to safeguard the Contractor’s communication devices but assumes no responsibility or liability for any possible damage to the cellular telephones or radios. 28 - Contractor’s Daily Reports
The Contractor shall complete consecutively numbered legible daily reports indicating the number of people working, their names, a narrative description of work performed, the individual locations of the work serviceable major equipment in use, serviceable major equipment idled, serviceable major equipment down for repairs, sub-contractors working at site, weather conditions, temperature, start time, finish time, and the date. The Contractor’s Superintendent shall sign each report. The daily report shall be completed on forms prepared by the Contractor and acceptable to the Director of Public Works or their authorized representative.
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The City will provide a sample format for the daily report at the preconstruction conference. The Contractor shall distribute copies to the Construction Observers and the Director of Public Works or their authorized representative at either the conclusion of each workday or prior to the start of work the next day. No progress payments will be processed or made to the Contractor unless all daily reports are completed to the date of submittal of application for payment. 29 - Request for Working Days
The Contractor shall notify the Director of Public Works or their authorized representative separately in writing within 7 calendar days after the occurrence of a delay, when the Contractor believes that it is entitled to an additional working day per any day the Contractor is prevented from working at the beginning of the workday, for cause defined in Section 6-6.1 of the Standard Specifications, or any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1 of the Standard Specifications. The Contractor’s failure to give written notice in the time period specified above shall constitute a waiver of all claims for an additional workday, whether direct or consequential in nature and that day will be counted as a working day. Upon receipt of the Contractor’s written request, the Director of Public Works or their authorized representative will then make a determination of whether the day or days the Contractor is requesting shall be counted as working days.
30 - Defective Materials
All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials shall be removed immediately from the site of the work unless otherwise permitted by the Director of Public Works or his authorized representative. Upon failure on the part of the Contractor to comply with any order by the Director of Public Works or their authorized representative made under the provisions of this article, the Director of Public Works or their authorized representative shall have the authority to remove and replace defective material and to deduct the cost of removal and replacement from any moneys due or to become due to the Contractor.
31 - Sound and Vibration Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances. No internal combustion engine shall operate on the project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including, but not limited to truck, transit mixers or transit equipment that may or may not be owned by the Contractor.
32 - Air Pollution Control
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Contractor shall comply with all air pollution control rules, regulations, ordinances, and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate the contents, fully complying with the applicable material requirements.
33 - Final Cleaning Up
Upon completion of the project and before making application to the Director of Public Works or their authorized representative for acceptance of the work, the Contractor shall clean all the streets and ground occupied by Contractor in connection with the project, of all rubbish, debris, excess material, temporary structures, and equipment, leaving the entire site of the work in a neat and presentable condition.
34 - Contractor’s Request for Final Inspection
When the Contractor believes all the contract work is complete in all parts and requirements, the Contractor will notify the Director of Public Works or their authorized representative in writing through a certificate of completion form which will be provided to the Contractor at the preconstruction conference.
After the City receives the Contractor’s certificate of completion, the Director of Public Works or their authorized representative will review the Contractor’s work for substantial performance with the Contract Documents. If the Director of Public Works or their authorized representative deems the work substantially performed, the Public Works Director will prepare a list of any minor remaining items of work to be completed. The Contractor shall complete all work on the list to the satisfaction of the Director of Public Works or their authorized representative within 30 calendar days after the date of the list or the Contractor waives any and all claims to all monies withheld by the City under the Contract to cover the value of all such uncompleted or uncorrected items, including any additional engineering, administration, or inspection costs. If the work was not substantially performed, working days will continue to accrue against the Contractor. 35 - Resolution of Public Works Claims
This Contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the contracting public agency, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Contract hereby incorporates the provisions of Article 1.5 as through fully set forth herein.
36 – Trenches and Excavations
In accordance with Public Contract Code Section 7104, whenever the digging of
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trenches or other excavations extend deeper than 4 feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any: 1) Material that the Contractor believed may be material that is hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law: 2) Subsurface or latent physical conditions at the site differing from those indicated; or 3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described in the Contract. In the unlikely event that a dispute arises between the City and the Contractor regarding whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. Where applicable, Contractor shall comply with the trench or excavation permit requirement found in Labor Code Section 6500 and the excavation safety requirements found in Labor Code Section 6705.
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SPECIAL PROVISIONS
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT,
PHASE II
BID NO. 2024-06
IN THE CITY OF CALIMESA
PART 1
GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS and SYMBOLS 1-2 DEFINITIONS
CITY: City of Calimesa
Board: City Council of the City of Calimesa
Caltrans: State of California, Department of Transportation County: County of Riverside
Director: The Director of Public Works of the City of Calimesa or their authorized representative
Federal: United States of America
Contractor: The word Contractor is supplemented by adding thereto the following:
The term Contractor means the Contractor as defined
herein or their authorized representative.
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF CONTRACT
Within 10-working days after the date of the CITY'S notice of award, the Contractor shall execute and return the following contract documents to the CITY:
Contract Agreement
Faithful Performance Bond
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Material and Labor Bond
Public Liability and Property Damage Insurance Certificate Worker's Compensation Insurance Certificate
Failure to comply with the above requirements will result in annulment of the award and forfeiture of the Proposal Guarantee.
The Contract Agreement shall not be considered binding upon the CITY until executed by the authorized CITY officials.
A corporation to which an award is made may be required, before the Contract Agreement is executed by the CITY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-3 SUBCONTRACTS
Subsection 2-3.2-Additional Responsibility
The Contractor shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least 50 percent of the Contract Price. The contract labor performed or provided by the Contractor shall amount to at least 25 percent of the total contract labor for the Contract. Contract labor shall exclude superintendence. Any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount of contract labor, materials, and equipment required to be performed or provided by the Contractor with its own organization. Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the Contract Unit or LumpSum Price. When a portion of an item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the estimated percentage of the Contract Unit or Lump-Sum Price, determined from information submitted by the Contractor, subject to approval by the Director.
Prior to award of the contract, the otherwise qualifying low bidder shall submit a list of all subcontractors intended to perform work on the project. This list shall include the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement,
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or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one- half of 1 percent of the prime contractor’s total bid. The prime contractor shall provide a description by bid item number or otherwise fully designate the portion of work to be performed by each subcontractor.
2-4 CONTRACT BONDS
The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion.
The Contractor shall provide the following supplemental information for each bond as required herein:
a. Surety company name providing the contractor’s bond. b. Name of the contractor’s surety sales agent.
c. The business address of the surety company and the agent. d. The business telephone number of the surety company and agent. 2-5 PLANS AND SPECIFICATIONS
2-5.1 General. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the City Director. Final payment will not be made until this requirement is met.
Section 2 is amended by adding thereto the following new Subsection 2-5.4 Examination of Contract Documents:
2-5.4 Examin a t ion of Contract Documents. The bidder shall carefully examine the entire site of the work, including but not restricted to the conditions and encumbrances related thereto, the Plans and Specifications, and the proposal and contract forms, therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be
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furnished and as to the requirements of the proposal, Plans, Specifications, and the Contract.
2-9 SURVEYING
2-9.3 Survey Service. Subsection 2-9.4, Survey Service is amended by adding thereto the following:
The line and grades for construction will be parallel to and offset from the position of the work. From the established lines and grades, the Contractor shall extend the necessary lines and grades for construction of the work and shall be responsible for the correctness of same. The Contractor’s Surveyor will establish all necessary initial control lines, if required by the Contractor. The Contractor’s Surveyor will also perform the “first” time staking. In the event that the control lines and/or the stakes are destroyed, lost, or otherwise tampered with, the Contractor shall be responsible for any re-setting of the control lines or the stakes at his/her expense without additional pay or additional days added to the time allotted for the completion of the work
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment .
3-3.2.1 General. Payment for extra work by cost plus a differential for labor, materials and equipment shall be considered payment under force account basis.
The labor, materials and equipment provided shall be subject to the approval of the Director and compensation will be determined as provided herein. 3-3.2.2 Basis of Establishing Costs.
Subsection 3-3.2.2(a) is hereby deleted and replaced with the following: 3-3.2.2. (a) Labor.
The Contractor will be paid the cost of labor for the workmen (including foremen when authorized by the Director), used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor, subcontractor or other forces will be the sum of the following:
3-3.2.2. (a).1 Actual Wages. The actual wages paid shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation, and similar purposes.
3-3.2.2. (a).2 Labor Surcharge. To the actual wages, as defined in Section 3-
3.2.2. (a).1, will be added a labor surcharge set forth in the Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," which is in effect on the date upon which the work is accomplished, and which is a part of the contract. Said labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined in Section 3-3.2.2. (a).1 and subsistence and travel allowance as specified in Section 3-3.2.2. (a).3.
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3-3.2.2. (a).3 Subsistence and Travel Allowance. The actual subsistence and travel allowance paid to such workmen.
Subsection 3-3.2.2(c) is hereby deleted and replaced with the following: 3-
3.2.2(c) Equipment Rental.
The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the Department of Transportation Publication entitled "Labor Surcharge and Equipment Rental Rates," which is in effect on the date upon which the work is accomplished and which is a part of the contract, regardless of ownership and any rental or other agreement, if such may exist, for the use of such equipment entered into by the Contractor. If it is deemed necessary by the Director to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Director. The Contractor may furnish any cost data which might assist the Director in the establishment of such rental rate.
The rental rates paid as provided above shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals.
Operators of rented equipment will be paid for as provided in Section 3- 3.2.2(a), "Labor."
All equipment shall, in the opinion of the Director, be in good working condition and suitable for the purpose for which the equipment is to be used.
Unless otherwise specified, manufacturer's ratings and
manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
Individual pieces of equipment or tools not listed in said publication and having a replacement value of $200 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made, therefore.
Rental time will not be allowed when equipment is inoperative due to breakdowns.
3-3.2.2(c).1 Equipment on the Work. The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on
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other than such extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than such extra work.
The following shall be used in computing the rental time of equipment on the work:
1. When hourly rates are listed, less than 30 minutes of operation shall be considered to be 2 hours of operation.
2. When daily rates are listed, less than 4 hours of operation shall be considered to be 2 days of operation.
3-3.2.2(c).2 Equipment not on the Work. For the use of equipment moved in on the work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," which is in effect on the date upon which the work is accomplished and which is a part of the contract, or determined as provided in Section 3-3.2.2(c) and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:
1. The original location of the equipment to be hauled to the location of the work shall be agreed to by the Director in advance.
2. The CITY will pay the costs of loading and unloading such equipment.
3. The cost of transporting equipment in low-bed trailers shall not exceed the hourly rates charged by local established haulers.
4. The cost of transporting equipment shall not exceed the applicable minimum established rates of the Public Utilities Commission.
5. The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each day that the equipment is at the site of the extra work, excluding Saturdays, Sundays, and legal holidays unless the equipment is used to perform the extra work on such days, and shall terminate at the end of the day on which the Director directs the Contractor to discontinue the use of such equipment. The rental time to be paid per day will be in accordance with the following:
Equipment Usage and Hourly Rate Table
Hours Equipment
Is in Operation
Hours to
Be Paid
0.0 4.00
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0.5 4.25
1.0 4.50
1.5 4.75
2.0 5.00
2.5 5.25
3.0 5.50
3.5 5.75
4.0 6.00
4.5 6.25
5.0 6.50
5.5 6.75
6.0 7.00
6.5 7.25
7.0 7.50
7.5 7.75
8.0 Over 8 hours in
Operation
8.00 The hours to be paid for equipment which is operated less than 8 hours due to breakdowns shall not exceed 8 less the number of hours the equipment is inoperative due to breakdowns.
When hourly rates are listed, less than 30 minutes of operation shall be considered to be 2 hours of operation.
When daily rates are listed, payment for 2 days will be made if the equipment is not used. If the equipment is used, payment will be made for 1 day.
The minimum rental time to be paid for the entire rental period on an hourly basis shall not be less than
8 hours or if on a daily basis shall not be less than 1 day.
6. Should the Contractor desire the return of the equipment to a location other than its original location, the CITY will pay the cost of transportation in accordance with the above provisions, provided such payment shall not exceed the cost of moving the equipment to the work.
7. Payment for transporting, loading, and unloading equipment, as provided above, will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force-account basis.
When extra work, other than work specifically designated as extra work in the Plans and Specifications, is to be paid for on a force-account basis and the Director determines that such extra work requires the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the performance of the contract, the Director may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions:
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1. The Director shall specifically approve the necessity for the use of particular equipment on such work.
2. The Contractor shall establish, to the satisfaction of the Director, that such equipment cannot be obtained from his normal equipment source or sources and those of his subcontractors.
3. The Contractor shall establish to the satisfaction of the Director that the proposed equipment rental rate for such equipment from his proposed source is reasonable and appropriate for the expected period of use.
4. The Director shall approve the equipment source and the equipment rental rate to be paid by the CITY before the Contractor begins work involving the use of said equipment.
3-3.2.2(c).3 Owner-Operated Equipment. When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:
Payment for the equipment will be made in accordance with the provisions in Section 3-3.2.2(c), "Equipment Rental."
Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workmen operating similar equipment already on the project or, in the absence of such other workmen, at the rates for such labor established by collective bargaining agreements for the type of workman and location of the work, whether or not the owner-operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein, in accordance with the provisions in Section 3-3.2.2(a), "Labor."
To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for the equipment rental and labor as provided in Section 3 -3.2.3 (a), "Work by Contractor."
3-3.2.3 Mark-up.
The text of Subsection 3-3.2.3 is hereby deleted and replaced with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the mark-up for all overhead and profits, which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Sections 3-3.2.2(a) and 3- 3.2.2(b), "Materials," and 3-
3.2.2(c), "Equipment Rental."
Labor
Materials
Equipment
Rental
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Other Items and Expenditures
To the sum of the costs and mark-ups provided for in this subsection, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a subcontractor, the mark-up established in Subsection 3- 3.2.3(a) shall be applied to the subcontractor=s actual cost of such work, to which a mark- up of 10 percent on the first $2,000 of the subcontracted portion of the extra work and a mark-up of 5 percent on work added in excess of $2,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-6 NOTICE TO SURETIES
Section 3, Changes in Work, is amended by adding thereto the following new Subsection 3-6:
The Contractor shall notify his sureties and the carriers of the insurance furnished and maintained by him of any changes affecting the general scope of the work or change in the contract price, or time, or a combination thereof, and the amount of the applicable bonds and the coverage of the insurance shall be adjusted accordingly. The Contractor shall furnish proof of such adjustments to the City Director of Calimesa.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 The Contractor and all subcontractors, suppliers, and vendors shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the CITY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within 1 year after the date of recordation of the Notice of Completion. Within this 1-year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the work which is found to not meet those requirements. The Contractor shall hold the CITY harmless from claims of any kind arising from damages due to said defects or noncompliance. The Contractor shall make all repairs, replacements, and restorations within 30 days after the date of the Director 's written notice.
4-1.4 Test of Materials. Except as elsewhere specified, the CITY will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor.
4-1.5 Certification. A Certificate of Compliance shall be furnished prior to the use of any materials for which these Specifications or the special provisions require that such a certificate be furnished. In addition, when so authorized in
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these Specifications or in the special provisions, the Director may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.
4-1.6 Trade Names or Equals. Approval of equipment and materials offered as equivalents to those specified must be obtained prior to the opening of bids as set forth in the Instructions to Bidders.
SECTION 5 UTILITIES
5-1 LOCATION
The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall excavate and expose all high-risk underground facilities.
The Contractor shall notify the owners of all utilities and substructures as set forth in the General Specifications.
5-4 RELOCATION
The second sentence of the last paragraph of Subsection 5-4 of the Standard Specifications is hereby deleted and replaced with the following:
When otherwise not required by the Plans and Specifications and when directed by the Director, the Contractor shall arrange for the relocation of service connections, as necessary, between the meter and property line, or between the meter and limits of construction.
Where existing utilities are found to interfere with the proposed construction, the following actions shall be taken by the Contractor:
Contractor shall coordinate, stage, and schedule his work to allow sufficient time and space for relocation by the owner of utility features as shown and required.
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Contractor shall notify utility pole owners one week in advance of the availability of cleared right-of-way and provide space and time for relocation of poles by the utility owner.
Contractor shall contact Yucaipa Valley Water District and South Mesa Water Company prior to relocation of their facilities to coordinate inspection of work.
Contractor’s attention is directed to the requirements of Section 5-6, “Cooperation” of the Standard Specification regarding utility relocations referenced on the Plans. 5-5 DELAYS
The second paragraph of Subsection 5-5 is hereby deleted and replaced with the following two paragraphs:
The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Subsection 5-1. The Contractor shall ascertain further detailed information to coordinate his work to this effect.
All notification of utility companies shall be by the Director based on Contractor's request as submitted to the Director at least 24 hours in advance of the needed work. Any costs for delay of the Contractor of utility companies in this regard shall be assigned to the Contractor, if these costs are a result of the Contractor's request being untimely in any respect, except for the utility company not responding at their agreed time.
SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF
WORK
The Contractor's proposed construction schedule shall be submitted to the Director within 10 working days after the date of the CITY'S execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.
Prior to issuing the Notice to Proceed with the Work, the Director will schedule a preconstruction meeting with the Contractor and the County Housing & Workforce Solutions CDBG representative to review the program, proposed construction schedule and delivery dates, arrange utility
coordination, discuss construction methods, and clarify inspection procedures.
The Contractor shall submit progress reports to the Director by the 10th day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-6 DELAYS AND EXTENSIONS OF
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TIME
6-6.4 Written Notice and Report. The first sentence of Subsection 6-6.4 is hereby deleted and replaced with the following:
If the Contractor desires payment for a delay as specified in Subsection 6-
6.3 of the Standard Specifications, it shall notify the Director in writing within 3 days of beginning of the delay. If the Contractor desires an extension of time as specified in Subsection 6-6.2 of the Standards Specifications, it shall notify the Director in writing within 3 days of beginning of the delay. Such notice shall specify the nature of the delay, the cause, and the conditions which set the beginning time for the delay.
6-7 TIME OF COMPLETION
6-7.1 The time for completion shall be as noted in the General Specifications 6-7.2 Working Day. The Contractor’s activities shall be confined to the hours between 7:00 a.m. and 3:30 p.m., Monday through Friday, excluding holidays.
Deviation from these hours will not be permitted without the prior consent of the Director, except in emergencies involving immediate hazard to persons or property.
In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor.
6-9 LIQUIDATED DAMAGES
The liquidated damages value is hereby amended to be six hundred dollars ($600) per day.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES
A noise level limit of 86 dbA at a distance of 50 feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel.
7-2 LABOR
7-2.2 Laws. The Contractor, and all subcontractors, suppliers, and vendors, shall comply with all CITY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.
The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
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7-3 LIABILITY INSURANCE
The first four paragraphs of Section 7-3 are amended to read as follows:
The Contractor shall furnish the CITY a policy or certificate of liability insurance in which the CITY of Calimesa and the County of Riverside, all of their officers, consultants, and agents, including (Director), and employees are named insured or are named as an additional insured with the Contractor. Notwithstanding any inconsistent statements in the policy or any subsequent endorsement attached thereto, the CITY and COUNTY and all their officers, consultants, and agents, including (Director) and employees, shall be attributable to the Contractor or the CITY and COUNTY or their officers, consultants, or agents, including (Director) and employees. The policy shall insure CITY and COUNTY and all of their officers, consultants, and agents, including (Director) and employees, while acting within the scope of their duties of the Work, against all claims arising out of or in connection with the Work, except as provided for in Subsection 6-10.
The Contractor may file insurance acceptable to the CITY covering more than one project. The coverage shall provide the following:
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $2,000,000 per occurrence for products and completed operations, property damage, bodily injury and personal & advertising injury. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Professional Liability: $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
Contractors’ Pollution Legal Liability: $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
Except as provided for in Subsection 6-10, the Contractor shall save, keep, and hold harmless the CITY and all of its officers, consultants, and agents, including (Director), from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor, any of the contractor's employees, or any Subcontractor. The CITY and all of its officers,
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consultants, and agents, including (Director), will not be liable for any accident, loss, or damage to the Work prior to the completion or acceptance, except as provided for in Subsection 6.10.
7-5 PERMITS
The text of Subsections 7-5 of the Standard Specifications is hereby deleted and replaced with the following:
Prior to the start of any work, the Contractor shall take out the applicable CITY permits and make arrangements for CITY inspections. The CITY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain a CITY business license and shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity.
The Contractor shall pay all cost incurred by the permit and license requirements. 7-8 PROJECT SITE MAINTENANCE
7-8.1.1 CLEAN UP AND DUST CONTROL. The generation of dust shall be controlled as required by the Air Quality Management District. Grading activities shall cease during periods of high winds (greater than 30 MPH). Trucks hauling soil, dirt, sand, or other emissive materials shall have their loads covered with a tarp or other protective cover as determined by the Director. 7-8.4 SANITATION. [Add the following:] Where construction requires removal of a portion of sewer in use, Contractor shall construct and maintain a reliable bypass system. Thirty days in advance of bypass requirement, Contractor shall submit a plan of his proposed method and equipment to be used for the bypass, including maintenance/emergency contact, and backup equipment provision. Contractor shall not proceed with the bypass operation until his plan is reviewed and approved by the owner of the sewer.
7-8.6 WATER POLLUTION CONTROL.
7-8.6.1 STORM DRAIN SYSTEM PROTECTION. The City is required by the State of California, NPDES General Stormwater Permit to eliminate and/or reduce the amount of objectionable material entering the City’s storm drain system to the maximum extent practicable (MEP).
The storm drain system consists of underground pipes as well as improved and natural drainage courses. As such, the Contractor shall be thoroughly familiar with the San Bernardino County Flood Control District Best Management Practices (BMP) for construction activity. These practices and other measures shall be used to ensure that no objectionable materials including but not limited to excess excavation and backfill materials, oils, grease, street marking paints, saw cutting
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residue, and/or AC grindings enter the City’s improved or unimproved drainage system. Contractor to submit a BMP plan to the City for review and approval prior to commencement of work.
INSPECTIONS AND REPORTING. The Contractor shall regularly inspect the construction site for BMP compliance to ensure proper implementation and functioning. The Contractor shall identify corrective actions and time frames to address any damaged BMPs or reinitiate any BMPs that have been discontinued.
At a minimum, the Contractor shall inspect the construction site as follows:
1. Prior to a forecast storm.
2. After any precipitation which causes runoff capable of carrying sediment from the construction site.
3. At 24-hour intervals during extended precipitation events; and
4. At regular weekly intervals.
PAYMENT. The bid contract prices of the various items of work shall be considered to include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for installing, maintaining, removing, and disposing of BMPs as required. This contract does not include a separate pay item for complying with water pollution control requirements.
7-8.7.1 DRA I NA G E CONTROL. Special attention is directed to possible flood hazards, and/or nuisance water such as irrigation and other runoff. The Contractor shall be responsible for all injuries or damages to any portion of the work and/or any private or public property occasioned by these causes and shall make good such injuries or damages at no cost to the City prior to the completion and acceptance of the work.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The second paragraph of Subsection 7-9 of the Standard Specifications is hereby deleted and replaced with the following:
The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of his operations or as required by the Plans and Specifications.
Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements.
Relocations, repairs, replacements, or re-establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified.
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The last paragraph of Subsection 7-9 of the Standard Specifications is hereby deleted and replaced with the following: All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the bid.
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access. Subsection 7-10.1 of the Standard Specifications is amended by adding thereto the following:
The Contractor shall notify the occupants of all affected properties at least 48 hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained, except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed, except as permitted by the Director.
At least one 12-foot-wide traffic lane shall be provided for each direction of travel on all streets at all times, except as permitted by the Director. The traffic lanes shall be maintained on pavement and shall remain unobstructed.
Clearances from traffic lanes shall be 5 feet to the edge of any excavation and 2 feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.
One 4-foot-wide paved pedestrian walkway shall be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane shall be 5 feet.
Open trenches cut parallel to the centerline of Third Street, awaiting either pipe segments or backfill, shall not exceed thirty feet in length. These trenches shall be securely “plated” at the end of each workday.
Trenches cut at approximately right angles to the centerline of Third Street shall be securely “plated” at the end of each workday.
All unfinished pipe segments shall be securely capped to prevent access by vermin, pets, and/or children.
7-10.3 Street Closures, Detours, Barricades. Subsection 7-10.3 of the Standard Specifications is amended by adding thereto the following:
Street closures will not be allowed, except as specifically permitted by the Director.
The Contractor shall prepare any traffic control or detour plans that may be required as directed by the Director.
Lane transitions shall conform to the Caltrans Traffic Manual, Section 5- 08.4, "Transition Area."
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Temporary traffic channelization shall be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Director. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Director. In no event will temporary striping be allowed on finished pavement surfaces.
The Contractor shall schedule an employee to police the temporary delineators and barricades within the travel way during weekday, nonworking hours and over Saturdays, Sundays, and holidays. Any corrective work required to be done by CITY forces shall be back charged to the Contractor based on the actual costs, plus CITY overhead. The entire City costs for work done by City forces shall be withheld from the final payment to the Contractor.
7-10.5 Protection of the Public. Subsection 7-10.5 is hereby added to Section 7 of the Standard Specifications as follows:
It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract.
Whenever, in the opinion of the Director , an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Director , immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Director will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Director may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Director, may seem reasonable and necessary.
Contractor is required to set up and maintain a pedestrian detour to all City buildings, which will remain open during construction. A construction staging plan shall be submitted to ensure access.
The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the CITY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the CITY does not take such remedial measures, the
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Contractor is not relieved of the full responsibility for public safety.
SECTION 8 - FACILITIES FOR CITY PERSONNEL
No field offices for CITY personnel shall be required; however, the CITY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor if provided by the Contractor for his own personnel.
SECTION 9 - MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.2 Partial and Final Payment. The text of Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the following:
The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor shall prepare the approximate measurement of the work performed through the closure date and submit it to the CITY for approval by the 10th day of the following month.
When the work is complete, the Director will determine the final quantities of the work performed and prepare the final progress payment report.
Payments are commonly authorized and made within 30 days following the 10th day of the month submitted. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions.
A full 5-percent retention will be deducted from all progress payments. The final retention will be authorized for final payment 35 days after the date of recordation of the Notice of Completion.
The Contractor, however, may receive interest on the retained amount, or receive the retained amount itself so long as the securities equivalent to the retained amounts are substituted with escrow holder approved by the CITY.
At the request and expense of the Contractor, retained amounts or securities equivalent to the retained amounts may be deposited with the State Treasurer or a State or Federally chartered bank approved by the CITY as the escrow agent, who shall return such monies or securities to the Contractor upon satisfactory completion of the contract.
Securities eligible for investment shall include those listed in Section 16430 of the State Government Code or bank or savings and loan certificates of deposit and/or interest-bearing demand deposit accounts.
Any escrow agreement entered into shall be substantially similar to the form
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"Escrow Agreement for Security Deposits" in lieu of retention as contained in Section 22300 of the California Public Contract Code.
9-3.2.2 Alternative Dispute Resolution shall be as stated in Public Contract Code Sections 9204 and 20104.
9-3.3 Delivered Materials. Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress partial payment.
The following subsection is hereby added to Section 9 of the Standard Specifications:
9-3.5 Final Pay Quantities. When the estimated quantities for a specific portion of the work are designed in the bid schedule by the letter (F) as final payment quantities, said estimated quantities shall be the final quantities for which payment for such specific portion of the work will be made unless the dimensions of said portions of the work shown on the plans are revised by the Director. If such dimensions are revised and such revisions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the changes in the dimensions. The estimated quantities for such specified portion of the work shall be considered as approximate only, and no guarantee is made that the quantities which can be determined by computations is made based on the details and dimensions shown on the plans will equal the estimated quantities. No allowance will be made in the event that the quantities based on computations do not equal the estimated quantities.
SPECIAL PROVISIONS PART 2
CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-1 ROCK PRODUCTS
200-1.3 Gravel. Pea gravel for irrigation valve box drainage shall have 100 percent passing the 9.5mm (3/8-inch) sieve and less than 5 percent passing the 2.36 mm (No. 8) sieve. 200-1.7 Stone.
200-2 UNTREATED BASE MATERIALS
200-2.1 General. Material for use in this project shall be Crushed Aggregate Base.
200-2.2 Crushed Aggregate Base.
200-2.2.3 Quality Requirements. The minimum R-value
requirement will not be waived.
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1.1 General. The same brand, type, and source of cement and aggregate shall be used for all Portland cement concrete. 201-1.1.2 Concrete Specified by Class.
Fly ash shall not be used.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.1 General. Contractor shall submit materials to Director for approval. 201-4 CONCRETE CURING MATERIALS
201-4.1.1 General. Concrete curing compound shall be Type 1-D.
SECTION 202 - MASONRY MATERIALS
Add new Section 202-3, Special Materials:
202-3.1 Cement Plaster Stucco.
(a) Cement: Portland cement plaster, ASTM C-150
(b) Lime: ASTM C-106, Type S
(c) Aggregate: Sand ASTM C-144
Gradation:
(1) Brown coat: U.S. Standard
Sieve
Maximum Percent
retained by Weight
(+ or - 2%)
Maximum Percent
retained by Weight
(+ or - 2%)
No. 4 (4.75 mm) --- 0
No. 8 (2.36 mm) 0 10
No. 16 (1.18 mm) 10 40
No. 30 (600 um) 30 65
No. 50 (300 um) 70 90
No. 100 (150 um) 95 100
(2) Finish coat:
Same as base coat gradation, and all sand to pass No. 8 (2.36 mm) sieve.
(d) Water: Potable and free from impurities that are harmful to plaster. (e) Finish Coat: Factory-prepared integrally colored stucco finish as manufactured by Highland or La Habra. All instructions and specifications noted on manufactures product shall be construed as part of this specifications.
SPECIAL PROVISIONS PART
3 CONSTRUCTION
METHODS SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.1 General.
Contractor shall note the locations, dimensions, and configurations of all existing equipment to be salvaged, and shall clearly mark or tag all equipment to be reused in the field prior to removal to facilitate reassembly; Contractor shall notify Director of any damaged or non- salvageable materials prior to commencing any removal or grading operations. Materials found to be damaged after work commences shall be assumed to be the responsibility of the Contractor. Contractor will not be paid for the replacement or repair of facilities or equipment believed by the Director to be damaged after the work commences.
Contractor shall replace designated, unusable existing facilities and equipment, in kind, at the direction of the Director.
The application of herbicide to kill turf and weeds, shall be per manufacturers' recommendations, including roots; and the removal and disposal of soil and turf offsite, and such other items not mentioned that are required by the Plans and Specifications, are part of the work in this section.
All the root pruning required to place or replace walks, curbs, curbs and gutters, or other permanent facilities shall be limited to the minimum amount necessary to set forms.
All roots two (2) inches and larger shall be cut with sharp tool such as axe or chainsaw. No roots shall be broken off by trenching or other heavy equipment.
No root shall be removed within five (5) diameters of the tree trunk measured at
1.5-m (4-feet, 9-inches) above grade without the express written permission of the AGENCY. Any such root removed without the AGENCY’s written permission may create a hazardous condition for which the Contractor shall be liable.
Should the Contractor create a hazardous condition in the sole judgment of the Director, the Contractor shall remove the tree and replace it with a specimen of the same species and value at the Contractor’s expense.
All significant root pruning (3-inch diameter and larger) shall be performed under the direct supervision of an ISA Certified Arborist in the City’s employ. 300-2 UNCLASSIFIED EXCAVATION
300-2.1 General. Unclassified. Unclassified excavation shall consist of all
excavation, including roadways, bituminous pavement, and concrete pavement, curb, walk, gutters, cross gutters, driveways, and access ramps. 300-2.1.1 Requirements. Subsection 300-2.1.1 is hereby added to Section 300 of the Standard Specifications as follows:
1. Concrete. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1½-inches (38-mm). Concrete to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section to be replaced shall be smaller than 30-inches (750- mm) in either length or width. If the saw cut in sidewalk, access ramp, or driveway would fall within 30- inches (750- mm) of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within 12-inches (300-mm) of a score mark, the saw cut shall be made in and along the score mark.
300-2.7 Selected Material. The text of Subsection 300-2.7 of the Standard Specifications is hereby deleted and replaced with the following:
Selected materials encountered in the excavations within the project limits that meet the specifications for Class C topsoil shall be used as shown on the Plans, in the Specifications, or as directed by the Director. Topsoil excavated may be considered only for the purpose of backfilling areas to be planted. 300-2.9 Payment.
The first sentence of Subsection 300-2.9 of the Standard Specifications is hereby deleted and replaced with the following:
Payment for unclassified excavation performed as part of the work for related removal and construction bid items, shall be paid for as part of the work bid for each item of work, and no additional compensation will be allowed. 300-4 UNCLASSIFIED FILL
300-4.1 General. Add the following:
The site shall be graded to the limit lines and elevations shown on the drawings with such allowances as may be required for the construction of walks, and other site improvements. Tolerance for rough grading is 1/10th of a foot (30-mm), plus or minus at paved areas. At other areas, appearance shall be the governing factor.
Finish grades shall slope to drain without water pockets or irregularities and
shall conform to the intent of all plans and sections, after thorough settlement, and compaction of the soil. Finished grades shall meet all existing or established controls of sidewalks, curbs, and walls and shall be of uniform slope and grade between points of fixed elevations or elevation controls from such point to established grades. Tolerance for finish grading is ¼-inch (6-mm), plus or minus.
300-4.1 General. Delete the second and third paragraphs and replace with the following:
Rocks, broken concrete, or other solid materials which are larger than 25- mm (1-inch) in greatest dimension shall not be placed in fill areas that are to be planted.
Clods or hard lumps of earth 25-mm (1-inch) or more in greatest dimension shall be broken up before compacting the material in fill areas to be planted.
Fill material containing large rocks, boulders, or hard lumps (such as hardpan or cemented gravel which cannot be broken readily) over 300- mm (12-inches) in greatest dimension shall not be incorporated in the fill. Such materials shall be removed from the site.
Selected material from the site that meets the requirements for Class C topsoil may be used in landscaped areas in the upper 300-mm (12-inches) of fill. (Ref: Sec. 300-2.7)
Make-up fill material in landscaped areas shall be Class A topsoil for the upper 300-mm (12-inches) of fill. (Ref: Sec 308-2)
300-4.9 Measurement and Payment. The text of Subsection 300-4.9 of the Standard Specifications is hereby deleted and replaced with the following:
Full compensation for furnishing all labor, materials, tools and equipment, and doing all the work involved in unclassified fill construction shall be included in the contract unit price bid for each project line item for “CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II” and no separate payment shall be made therefore; in addition, the unclassified fill shall include all costs for grading, shaping, compacting, spreading, consolidating, placing selected site materials, furnishing, and all other work that is required under this subsection.
Payment for subgrade preparation required for concrete placement shall be considered included in those items of work, and no separate payment will be made, therefore.
SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS,
DRIVEWAYS, AND ALLEY INTERSECTIONS
General. All concrete flatwork areas shall be 3250 psi.
TECHNICAL SPECIFICATIONS
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II
BID NO. 2024-06
IN THE CITY OF CALIMESA
The lump sum amount to be paid for the Items listed in the Proposal shall include full compensation for furnishing all labor, materials, tools, equipment, time, and incidentals necessary to complete the work, and for performing all work contemplated and embraced under the Contract, in accordance with the Plans and Specifications. This shall include the Contractor's costs involved with bonding, insurance, worker's compensation, overhead, financing, obtaining required permits and permit fees, mobilization, traffic control, public convenience and safety, protective barricading, sanitary facilities, storage of equipment and materials, security against theft and vandalism, project site maintenance, dust and runoff control, clean-up, and all other items incidental to the work.
Payment for Lump Sum work shall be paid for at the price indicated in the Bid, in accordance with Section 7-2, “Lump Sum Work,” of the SSPWC.
BID SCHEDULE “A”:
Each respective bid item and bid schedule as shown on the proposal form shall comply with all respective sections of the Latest Edition of the Standard Specifications for Public Works Construction (Green Book), its supplements, and any other publications as specified, except as modified herein. If there is a conflict between these inclusions and the Standard Specifications, these inclusions shall have precedence.
Mobilization/Demobilization:
Mobilization shall consist of preparatory work and operations for the street rehabilitation improvements, including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project, coordination with utility companies, and for all other work and operations which must be performed or costs incurred including bonds, insurance and financing prior to beginning work on the various contract items, and for obtaining all business licenses and permits, including permit fees, as required for entire project, from all related agencies including, but not limited to, the City of Calimesa. Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the job site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all nonworking days during construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials.
At the request of the City, the Contractor shall provide a mobile telephone number for use by City representatives.
The Contractor shall have on the work site at all times, as his agent, an English-speaking superintendent or foreman capable of reading and thoroughly understanding the plans,
specifications, and other related documents
Mobilization shall include project overhead costs, including costs and fees for obtaining construction permits and/or permit riders as may be required by the City of Calimesa, or as may be required by law, and for obtaining bonds, insurance, and financing for the entire project prior to beginning work.
Contractor shall confine his operations and work area to the project area. Unless the Plan shows otherwise, no encroachment into private property will be permitted without the prior written consent of the property owner. Obtaining this consent will be the responsibility and the costs of the Contractor. Material shown on the plans or designated in the Special Provisions which is to be used in the reconstructed work and which has been damaged or destroyed as a result of the Contractor’s operations shall be repaired or replaced at the option of the City Director by the Contractor at the Contractor’s sole expense.
The Contractor shall provide personnel to keep the construction site in a safe condition at all times, including non-working hours.
A Construction Schedule shall be submitted at least two (2) weeks prior to commencing work. All revisions shall be completed within three days after review by the Director.
Requests for changes in the schedule shall be submitted by the Contractor to the City for approval at least three (3) working days prior to performing any work.
Mobilization shall include scheduling of the work in conformance with the traffic control criteria.
Unless otherwise specified in the General Provisions, payment for Mobilization shall include compliance to and furnishing all equipment set forth in the General Provisions.
Payment for Mobilization/Demobilization shall be considered as included in related bid items for CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II and includes full compensation for obtaining all bonding, insurance, business licenses and permits, as required for entire project, from all related agencies including but not limited to utility companies, the City of Calimesa, private and public agencies. The compensation shall include the compliance with the requirements specified in those licenses and permits; payment of all required fees; all labor, tools, equipment, personnel, materials, and incidentals necessary to perform all related items of work. No additional compensation shall be allowed.
Best Management Practice and NPDES Requirements:
Best Management Practice and NPDES Requirements:
The Contractor shall conform to the requirements of General Construction Activity Storm Water NPDES Permit No. CAS000002 and Order No. 2009-0009-DWQ issued by the State Water Resources Control Board. This General Permit, hereafter referred to as the “Permit”, regulates storm water discharges associated with construction activities.
The Contractor shall also conform to the requirements of NPDES Permit No.
CAS6180036 and Order No. R8-2010-0036 issued by the Santa Ana Regional Water Quality Control Board. This permit, hereafter referred to as the “Permit”, regulates storm water discharges that enter the City’s municipal storm drain systems (MS4). Contractor is not responsible for filing a Notice of Intent (NOI) for Permit coverage or a Notice of Termination (NOT) at project end. City staff will file a NOI for permit coverage and file a (NOT) at the end of the project (if applicable).
Water pollution control work shall conform to the requirements in the Construction Contractor’s Guide and Specifications of the Storm Water Quality Handbooks, dated 2009 or most recent edition, and addenda thereto issued up to and including the date of advertisement of the project, hereafter referred to as the “Handbook”. Copies of the Handbook may be obtained from CASQA website at: http://www.cabmphandbooks.com; Telephone: (650) 366-1042; or email at: [email protected].
The Contractor shall become fully informed of, and comply with, the applicable provisions of the Handbook, Permit, and Federal, State, and local regulations that govern the Contractor’s operations and storm water discharges from both the project site and areas of disturbance outside the project limits during construction. The Contractor shall maintain a copy of the Permit at the project site and shall make the Permit available during construction activities.
Payment for this item shall be included in prices bid for related items for Stormwater Pollution Prevention Plan, Best Management Practice and NPDES Requirements, and shall be considered as full compensation for preparing and implementing the SWPPP, and for furnishing all labor, materials, tools, equipment, time, and incidentals for doing all work involved in construction of this item as directed by the Engineer, and no additional compensation will be allowed, therefore.
Clearing and Grubbing:
Clearing and grubbing shall conform to Subsection 300-1 of the SSPWC and shall include all clearing and grubbing for the construction of the new improvements and any clearing and grubbing and removals and/or removal and replacement shown on the plans for which there is no bid item of work.
Removals
Clearing and grubbing shall include, but is not limited to, the removal and disposal of (1) interfering grass, shrubs, trees, bushes, stumps, and other vegetation including roots whether removed in their entirety or just trimmed portions; (2) miscellaneous rocks and debris; (3) tree and shrub removal; (4) silt from all existing gutters; (5) Removal and capping off of irrigation facilities which interfere with construction. Sprinkler heads shall be salvaged and turned over to the City.
Relocations
Clearing and grubbing shall include, but not be limited to, the relocation of existing removal and re-location of existing irrigation lines, sprinkler heads, irrigation wires, and all other various relocations of existing improvements as directed by the City Director.
Restoration of irrigation system affected by the new improvements.
Regrading
Clearing and grubbing shall also include the removal and replacement of existing asphalt walkway or concrete improvements necessary for the construction as shown on the project plans. The work shall include excavation and subgrade preparation in compliance with Standard Specifications, Section 301-1. Compacting provisions of the Standard
Specifications will apply to all subgrade materials.
Clearing and grubbing shall consist of the removal, relocation, or abandonment of all interfering improvements within the job area limits that are not specifically covered by a separate Bid Item. The Contractor is responsible for securing an adequate storage site for equipment and materials.
Dust control throughout the project will be required, including the sweeping within the vicinity of the project. Sweeping will be required as needed throughout the project duration.
Under no circumstances will construction water be permitted to enter into the storm drain system. Payment for sweeping within the project vicinity shall be included in the contract lump sum price bid.
This “Clearing and Grubbing” item is meant to be a “catch-all” item. All removals, relocations, abandonments, and adjustments required to complete the proposed improvements, as shown on the Plan, whether or not specified herein, but not specifically covered by a separate bid item shall be considered as included in the lump sum price bid for this item. It is the Contractor’s responsibility to visit the project site and determine the extent of removals, relocations, abandonment, and adjustments required to clear the way for the proposed improvements.
Payment for “Clearing and Grubbing” is included in the price bid for related items for CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PHASE II and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, time, and incidentals for doing all work involved in construction of this item complete in place including, but not limited to, all contractor activities described above to complete the work and not covered by separate bid items as directed by the City Director of Public Works and no additional compensation will be allowed therefore.
SAWCUT, REMOVE AND DISPOSE OF EXISTING CONCRETE and EXISTING CONCRETE CURB & GUTTER:
Contractor shall sawcut and remove existing concrete and existing concrete curb and gutter as required, to the depths required as shown on the construction plans or as directed by the City Director.
Except as otherwise called for on the plans, all concrete Portland cement concrete pavement and curb cuts shall be cut to neat, clean, and straight lines to the satisfaction of, and as directed by the City Director.
Care shall be exercised not to damage adjacent asphalt or concrete pavement. Curb & gutter damaged by construction operations shall be replaced at the Contractor’s expense.
Residue from removal operations shall not be permitted to flow or travel into gutters, onto adjacent surfaces or parkways. All residues shall be completely removed by sweeping and properly disposed. No washing of residues into drainage structures will be allowed.
Payment for “SAWCUT, REMOVE AND DISPOSE OF EXISTING CONCRETE AND EXISTING CURB AND GUTTER” shall be per the contract unit price bid for SAWCUT, REMOVE AND DISPOSE OF EXISTING CONCRETE and SAWCUT, REMOVE AND DISPOSE OF EXISTING CONCRETE CURB AND GUTTER and shall include full compensation for furnishing all labor, materials, tools, time, equipment, and incidentals, and for doing all work involved in the sawcut and removal of the Existing Concrete Driveway, Existing Concrete Sidewalk, Existing Concrete Curb or Curb and Gutter, as required, and disposing of material removed offsite, as specified in these special provisions and as directed by the City Director.
CONSTRUCT 6” CURB & GUTTER PER SPPWC STANDARD PLAN 120-2 TYPE A2-6.
CONSTRUCT 4" PCC SIDEWALK
CONSTRUCT ADA RAMP
CONSTRUCT 6” CONCRETE DRIVE APPROACH
Contractor shall construct new Portland cement concrete (PCC) curb & gutter, conforming to SPPWC Std. Plan 120-2 Type A2-6, 4” PCC Sidewalk per Subsection 303- 5, "Concrete Curb, Walks, etc.," of the SSPWC.
Concrete shall be class 520-C-3250.
Should the Contractor request and obtain permission to use admixtures (and/or Quikcrete) for his own benefit, he shall furnish such admixtures and incorporate them in the concrete mixture at his expense, and no additional compensation will be allowed, therefore.
New curb and gutter shall be constructed to provide a proper flow line as indicated on the plans. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Subsection 303.5.7 of the SSPWC.
Drive approach shall be constructed per Riverside County Standard No. 207. Match existing curb grades.
Payment for all of the preceding listed items shall be per the contract unit price bid for each item and shall include all labor, tools, equipment, time, materials and incidental required including, but not limited to, excavation, subgrade preparation, forms, backfilling behind gutter, restoring form areas, and for doing all work involved in construction of this item as directed by the Director of Public Works and no other compensation will be allowed, therefore.
APPENDIX A
PLAN
APPENDIX B
SPECIAL FEDERAL REQUIREMENTS
County of Riverside
Housing & Workforce Solutions (HWS)
SPECIAL FEDERAL PROVISIONS
CONSTRUCTION BID DOCUMENT
Projects Less Than $200,000
Community Development Block Grant
Construction Activities
SPECIAL FEDERAL PROVISIONS
DOCUMENT INDEX
General Information
1. General Summary
2. Hold Harmless Clause and Additional Insured-Insurance Requirements
3. B-1 Federal Labor Standards Provisions (HUD 4010)
4. B-2 Federal Prevailing Wage Decision (CA ________________ Mod. ________ )
5. B-3 Project Sign (SAMPLE)
6. Additional Federal Requirements
Bid Forms
7. B-4 Certification of Bidder Regarding Non-Segregated Facilities (Required for all Projects)
8. B-7 Bidder’s Certification on Federal Contract Requirements (Required for all Projects)
9. B-8 Questionnaire Regarding Bidders (Required for all Projects)
10. B-9 List of Subcontractors and Suppliers (Required for all Projects) Post-Award Forms
11. PA-1 Performance Bond (100% of contract price) (Required for Projects $100,000 or more)
12. PA-2 Payment Bond (Required for Projects $100,000 or more)
13. PA-3 Subcontractor Questionnaire (Required for all Projects)
14. PA-4 Subcontractor Certification Regarding Non-segregated Facilities (Required for all Projects)
15. PA-6 Davis-Bacon Classifications and Pay Rates (Required for all Projects)
GENERAL SUMMARY
The following Federal Provisions and the attached exhibits herewith become binding on the contractor(s) and incorporated in the Bid Document in their entirety.
1. The Contractor and the Subcontractor(s) shall perform all work in accordance with the project plans and specifications, including all stipulations designed to meet diversified Federal Environmental Architectural, the Architectural Barriers Act of 1968, as amended; the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.
2. The Contractor and the Subcontractor(s) shall allow all authorized Federal, State Comptroller, and/or County officials access to the work area, fiscal, payroll, materials and other relevant contract records which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. All relevant records must be retained for at least four years.
3. The Contractor and the Subcontractor(s) shall comply with the Lead Based Paint Poisoning Prevention Act and the Implementation Regulations (24 CFR 35) issued pursuant thereto and any amendments thereof.
4. The Contractor and the Subcontractor(s) shall comply with Section 503 of the Rehabilitation Act of 1973 (P.L. 93-112) and the Implementation Regulations (41 CFR 60-741) issued pursuant thereto and any amendments thereof.
5. The Contractor and the Subcontractor(s) shall comply with Section 40-2, Vietnam Era Veterans Adjustment Assistance Act of 1974 and the Implementation Regulations (41 CFR 60-250) issued pursuant thereto and any amendment thereof.
6. The Contractor and the Subcontractor(s) shall comply with the Title IV of the Civil Rights Act of 1964 and the Title VIII of the Civil Rights Act of 1963 and any amendment thereof.
7. For projects $100,000 or over, the Contractor and the Subcontractor(s) shall comply with Clean Air Act of 1963 (P.L. 90-148) and the Federal Water Pollution Act (P.L. 92-500), as amended and all applicable standards or regulations (40 CFR Part 15 and 61) issued pursuant to the said acts.
8. For projects $2,000 or over, the Contractor and the Subcontractor(s) shall comply with the DavisBacon Fair Labor Standards Act (40 USC a-276 a-5), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5) and any amendments thereof. Pursuant to the said regulations, Exhibit B-1 and B-2 entitled “Federal Labor Standards Provisions” and “Federal Prevailing Wage Decision” respectively are herewith attached.
9. The Contractor and Subcontractor(s) shall comply with the Copeland Anti Kickback Act (40 USC 276 C) and the Implementation regulations (29 CFR 3) issued pursuant thereto and any amendments thereof. Exhibit B-1 contains the key provisions of the said act.
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10. For construction projects $2,000 or over, or other projects $2,500 or more which utilize mechanics or laborers the Contractor and the Subcontractor(s) shall comply with the Contract Work Hours and Safety Standards Act (40 USC 327-332) and the Implementation Regulations (29 CFR 5) issued pursuant thereto and any amendments thereof. Exhibit B-1 contains the key provisions of the said act.
11. For projects $25,000 or over the Contractor shall provide one sign board to be located as directed by the owner. The sign board shall be mounted in an acceptable manner and constructed as shown and specified in Exhibit B-3. Additional information can be added to the project sign at the request of the project sponsor.
12. The Contractor shall comply with all laws, ordinances, and regulations applicable to the work. If the Contractor ascertains at any time that any of the requirements of the contract are at variance with applicable law, ordinances, regulations or building code requirements, he shall promptly notify the owner and the Executive Director of Riverside County's Department of Housing & Workforce Solutions and shall not proceed with the work in question, except at his own risk, until the owner and the said Director has had an opportunity to determine the extent of the responsibility for the variance and the appropriate corrective actions undertaken.
13. The Contractor must complete and execute the attached Certification of Bidder Regarding Segregated Facilities Exhibit B-4 and submit with the bid.
14. Wherever applicable, the Contractor and the Subcontractor(s) shall comply with, Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments, 24 CFR Part 85 or Uniform Requirements for Assistance to State and Local Governments, Circular A-102; Whichever is applicable.
15. For projects $100,000 or over the Contractor shall furnish to the owner, a Performance bond, a Payment bond, and Materials Bond executed as surety by a corporation acceptable to the owner and authorized to issue surety bonds in the State of California. Such a performance bond and a payment bond and materials bond shall be for one hundred percent (100%) of the total contract price. (Attached herewith are recommended formats for said bonds, Exhibits PA-1 and PA-2.
16. The Contractor and the Subcontractor(s) shall comply with Section 3 of The Housing and Community Development Act of 1968 and the regulations (24 CFR Part 75) issued pursuant thereto and amendments thereof. Pursuant to the said act, the Contractor and the Subcontractor(s) shall comply with the attached County of Riverside Section 3 Implementation Plan Exhibits B-5, B-6, and PA-6. The Contractor and Sub-contractor(s) must submit Exhibit B-6, for all projects over $200,000, as part of the bid package.
17. The Contractor and Sub-contractor(s) must submit the attached, Exhibit B-8, certification that “he/she fully understands the diversified Federal requirements imposed on the Contractor(s) and Sub-contractor(s) of HUD funded construction projects”, as part of the bid package.
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18. Wherever applicable, the Contractor and the Sub-contractor(s) shall comply with Section 109 of The Housing and Community Development Act of 1974 and the Implementation Regulations (24 CFR 570.601) issued pursuant thereto and any amendments thereof.
19. For projects $100,000 or over the Contractor shall submit a Bid Guarantee Bond in an amount no less than 5% of the total contract price, along with the bid.
20. The Contractor and Sub-contractor(s) shall comply with the Section 3 Reporting Requirements by completing the attachment Exhibit B-7 entitled, “Certification for Section 3 Compliance,” and submit with bid for all projects $200,000 and over.
21. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
22. The Contractor must submit Questionnaire Regarding Bidders Exhibit B-9 and List of Subcontractors Exhibit B-10 as part of the bid package. These forms are considered part of the Federal Contracting Requirements and are included in the bid document. Both documents are required to be completed by the Prime Contractor.
23. The Contractor shall follow mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). [ 53 FR 8068,8087, Mar. 11, 1988, as amended at 60 FR 19639,19642, April 19, 1995]
24. Contractor must comply with awarding agency (HUD) requirements and regulations pertaining to copyrights and rights in data.
25. Contractor will comply with Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract.
26. Contractor will comply with notice of awarding agency requirements and regulations pertaining to reporting.
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H OL D HARML ESS CLA US E /INSURANCE R EQUIREM ENTS
The following County of Riverside Hold Harmless and Insurance provisions herewith become binding on the contractor(s) in their entirety.
HOLD HARMLESS/INDEMNIFICATION
CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liability whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of CONTRACTOR, its officers, employees, subcontractors, agents or representatives Indemnitors from this Agreement. CONTRACTOR shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.
With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR’S indemnification to Indemnitees as set forth herein.
CONTRACTOR’S obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.
The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR’S obligations to indemnify and hold harmless the Indemnitees herein from third party claims. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CONTRACTOR from indemnifying the Indemnitees to the fullest extent allowed by law.
INSURANCE
Without limiting or diminishing the CONTRACTOR’S obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.
S:\CDBG\CONSTRUCTION\General Summary of SPECIAL FEDERAL PROVISIONS.docSPECIAL FEDERAL PROVISIONS A. Workers’ Compensation:
If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR’S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy’s limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.
D. Professional Liability
(ONLY TO BE INCLUDED IN CONTRACTS WITH SERVICE PROVIDERS INCLUDING BUT NOT LIMITED TO ENGINEERS, DOCTORS, AND LAWYERS) Contractor shall maintain Professional Liability Insurance providing coverage for the Contractor’s performance of work included within this Agreement, with a limit of liability of not less than $2,000,000 per occurrence and $4,000,000 annual aggregate. If Contractor’s Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and CONTRACTOR shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that Contractor has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2) or 3) will continue for a period of five (5) years beyond the termination of this Agreement.
E. General Insurance Provisions- All Lines:
a) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b) The Contractor’s insurance carrier(s) must declare its insurance deductibles or self-insured retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of deductibles or self insured retention’s unacceptable to the County, and at the election of the Country’s Risk Manager, Contractor’s carriers shall either; 1) reduce or eliminate such deductibles or self-insured retention’s as respects this Agreement with the County, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. c) Contractor shall cause Contractor’s insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and
S:\CDBG\CONSTRUCTION\General Summary of SPECIAL FEDERAL PROVISIONS.docSPECIAL FEDERAL PROVISIONS all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not commence operations until the County has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
d) It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County’s insurance and/or deductibles and/or self-insured retention’s or self-insured programs shall not be construed as contributory.
e) The County’s Reserved Rights--Insurance. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work (such as the use of aircraft or watercraft) the County reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage’s currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the Contractor has become inadequate.
f) Contractor shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
g) The insurance requirements contained in this agreement may be met with a program(s) of selfinsurance acceptable to the County
Previous editions
obsolete
41 Form HUD-4010,
(10/2023)
ref. Handbook 1344.1
HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:
Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:
1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;
2. The classification is used in the area by the construction industry; and
3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR
5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification
Previous editions
obsolete
42 Form HUD-4010,
(10/2023)
ref. Handbook 1344.1
and wage rate and fringe benefits is appropriate only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and
2. The classification is used in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
D. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. iv. Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
v. Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.